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05/02/2017
ORW BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, MAY 2, 2017 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th 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.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.11. INVOCATION Reverend Jack Diehl, Pastor Emeritus, Our Savior Lutheran Church 3. PLEDGE OF ALLEGIANCE Commissioner Bob Solari 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating May 16, 2017 as Peacemakers and Protectors Day 5.13. Presentation of Proclamation Designating the Month of May as Mental Health Awareness Month 5.C. Presentation of Proclamation Designating the Month of May, 2017, as Historic Preservation Month 5.D. Presentation of Proclamation Designating May 1, 2017 as Law Day and May 1-7, 2017 as Law Week 6. APPROVAL OF MINUTES May 2, 2017 Page 1 of 5 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Update on All Aboard Florida/Vero Electric Expenses 7.11. Sebastian Lionfish Fest is back! 7.C. Indian River County Venue Event Calendar Review 7.1). Notice of Application for Division of Historic Resources Grant for the Jones' Pier Fruit Stand and Educational Kiosks at Significant Sites along Historic Jungle Trail 7.E. U.S. Army Corps of Engineers. Community Meeting on Remedial Investigation/Feasibility Study scheduled for Tuesday, May 9, 2017, at 5:30 p.m. Indian River County Administration Complex, Building A, Commission Chambers 7.F. Florida Public Service Commission Order No. PSC -17 -0140 -CO -EI In re: Petition for approval of a new optional pilot LED streetlight tariff, by Florida Power ' & Light Company, is available for review in the Office of the Clerk to the Board. 7.G. Declaration Local State of Emergency in Connection with Wildfires 8. CONSENT AGENDA 8.A. Checks and Electronic Payments April 7, 2017 to April 13, 2017 8.11. Checks and Electronic Payments April 14, 2017 to April 20, 2017 8.C. Landfill Escrow Agreement 8.1). Dori Slosberg Driver Education Safety Act, Indian River County Traffic Education Program Trust Fund Report Through 03/31/17 8.E. Travel Authorization for Service on Constitution Revision Commission 8.F. Agreement to Warranty and Guaranty Utility Improvements Under FEC Railway Property 8.G. Final Pay and Release of Retainage to E&D Contracting Services, Inc., to Rehabilitate the Headworks at Central Wastewater Treatment Plant - UCP #4111, Bid No. 2016023 8.11. Request for Repair - Smith & Loveless Pista Grit Chamber, South County Wastewater Treatment Facility 8.I. Miscellaneous Budget Amendment 013 8.1 Approval of Award for Bid 2017040 - Admin Complex Buildings A&B Roof Replacement 8.1C Release of Retainage for CB&I Coastal Planning and Engineering, Inc., Work Order No. 13 - Sector 3 Beach Restoration, 2016 Physical Monitoring May 2, 2017 Page 2 of 5 8.L. Work Order No. 12-Engineering-Kimley-Horn & Associates, Inc. 1st Street SW and 27th Avenue Intersection Signalization Improvement 8.M. Work Order No. 2, Masteller & Moler, Inc. IRC Courthouse Judges Security Upgrades 8.N. Work Order No. 02 - Andersen Andre Consulting Engineers, Inc. CR512 Westbound Resurfacing (Roseland Road to US 1) and CR512 Eastbound Resurfacing (Easy Street to US 1) - Testing Services 8.0. HUD Grant Renewals for Homeless Management Information System (HMIS) and Continuum of Care (CoC) Program 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Consideration of a Proposed Land Development Regulation Amendment to Chapter 913 (Subdivisions and Plats) Allowing Lot Splits for Commercial Property (Legislative) B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Fred Mensing Regarding All Aboard Florida - Brightline C. PUBLIC NOTICE ITEMS 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 12.E.1. Quarterly Budget Report F. Public Works G. Utilities Services May 2, 2017 Page 3 of 5 12.G.1. Collier Creek Estates Subdivision (Utility Phase 2) and Harbor Point Subdivision (Utility Phase 3) Petition Water Assessment Project, Resolutions I (Preliminary Assessment Roll) and II (Public Hearing Date) 12.G.2. Update on the Residuals Dewatering (Biosolids) Facility 13. COUNTY ATTORNEY MATTERS 13.A. Agreement for Improvement and Maintenance of Joe Earman Island 13.11. Forest Lake Property Owners' Association MOU for Right -of -Way Landscaping and Resolution Delegating Authority for Public Works Director to Enter Into a Memorandum of Understanding with Property Owners' Associations for Right -of -Way Landscaping 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Peter D. O'Brvan, Vice Chairman 14.13.1. Legislative Update C. Commissioner Susan Adams D. Commissioner Bob Solari E. Commissioner Tim Zorc 14.E.1. Follow-up on Development Review and Building Process Workshop 15. SPECIAL DISTRICTS AND BOARDS A. Emereencv Services District 15.A.1. Approval of Minutes Meeting of March 7, 2017 15.A.2. Approval of Minutes Meeting of March 21, 2017 15.A.3. Approval of Amended Property Lease for Temporary Location of Fire Rescue Station No. 7 B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT May 2, 2017 Page 4 of 5 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. 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 5: 00 p. m May 2, 2017 Page 5 of 5 lu ZA-4 DESIGNATING MAY 16, 2017 AS PEACEMAKERS AND PROTECTORS DAY WHEREAS, over 18,500 veterans and law enforcement officers presently reside in Indian River County; and, WHEREAS, veterans and law enforcement officers residing in Indian River County individually and collectively as members of various organizations, contribute in many .ways to the, welfare and betterment of the social, cultural and economic life of Indian River County; and, WHEREAS, the Veterans Council of Indian River County Veterans Outreach program, in conjunction with the law enforcement officers of Indian River County, will be participating in an event hosted by Velde Ford and co -host Jetson Appliances at Velde Ford to provide current information pertinent to veterans, law enforcement, and the general public; and, WHEREAS, the Indian River County military and law enforcement community is reaching out to all residents of thecounty in an effort to unify the populace into a common bond that supports not only the military and law enforcement, but also helps us reach a better understanding of helping one another reach a common goal; and, WHEREAS, the combination of Velde Ford and Jetson Appliances promotes not only this day, but the entire Armed Forces Week through special events. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that May 16, 2017, be designated as PEACEMAKERS AND PROTECTORS DAY in Indian River County and the Board encourages all citizens to fly the American p I flag to:ay tribute to all veterans and law enforcement officers living and deceased, and to attend the day's events at Velde Ford beginning at 11:00 a.m., on Tuesday, May 16, 2017. Adopted this 2nd day of May, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Bob Solari Tim Zorc il IS -B PROCLAMATION DESIGNATING THE MONTH OF MAY, 2017, AS Mental Health Awareness Month WHEREAS, mental health helps to sustain an individual's thought processes, relationships, productivity, and ability to adapt to change or face adversity; and, WHEREAS, mental illness adversely affects those abilities and often is life-threatening in nature; and, WHEREAS, one in four adults experiences mental health problems in any given year, and such problems can contribute to onset of mental illness; and, WHEREAS, 12 youths, ages 11 to 24 years old, commit suicide every day in the United States; and, WHEREAS, in 2015, there were 17 suicides in Indian River County, a 15.9 percentage of the annual statewide suicide rate; and, WHEREAS, one in 17 adults live with mental illness such as major depression, bipolar disorder, or schizophrenia; and, WHEREAS approximately one-half of chronic mental illness begins by the age of 14 and three-quarters by age 24; and, WHEREAS, long delays -sometimes decades- often occur between the time symptoms first appear and when individuals get help; and, WHEREAS, early identification and treatment can make a profound difference in successful management of mental illness and recovery; and, WHEREAS, it is important to maintain mental health and learn the symptoms of mental illness in order to get help when it is needed; and, WHEREAS, every citizen and community can make a difference in helping end the silence and stigma that for too long has surrounded mental illness and discouraged people from getting help; and, WHEREAS public education and civic activities can encourage mental health and help improve the lives of individuals and families affected by mental illness. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of May, 2017, be designated as Mental Health Awareness Month in Indian River County, Florida in order to increase public understanding of the importance of mental health, and to promote identification and treatment of mental illnesses. Adopted this 2nd day of May, 2017 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Bob Solari Tim Zorc P2 �C PROCLAMATION DESIGNATING THE MONTH OF MAY, 2017, AS Historic Preservation Month WHEREAS, the National Historic Preservation Act was signed into law in 1966 and established the nation's legal framework for the protection and preservation of historic buildings, landscapes, and archaeological discoveries; and . WHEREAS, over the past 50 years, the National Historic Preservation Act has had a profound and positive impact on local communities throughout Florida, especially through the National Register of Historic Places, a program honoring our nation's diverse cultural, agricultural, natural, and built environments; and WHEREAS, the United. States and thousands of public, private, and nonprofit sector partners, such as the Indian River County Historical Society, are commemorating the 50th Anniversary of the National Historic Preservation Act throughout 2017 under the banner of "Preservation 50"; and WHEREAS, it is important to celebrate the role of history in our lives, and Historic Preservation Month 2017 is an occasion for celebrating the historic resources within our community. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the Month of May, 2017, be designated as Historic Preservation Month in Indian River County. Adopted this 2nd day of May, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Bob Solari Tim Zorc P3 N PROCLAMATION DESIGNATING MAY 1, 2017, AS LAW DAY AND MAY 1-7, 2017 AS LAW WEEK WHERE -AS, Law Day is an occasion of public acknowledgement of our Nation's and Florida's heritage of justice, liberty, and equality under the law; and, WHEREAS, Law Day has been annually proclaimed by the President of the United States since Dwight D. Eisenhower proclaimed the first Law Day on May 1, 1958; and, WHEREAS, the United States Congress in 1961 encoded the presidential practice into law, .statutorily designating May 1st as Law Day; and, WHEREAS, the American Bar Association has identified the 2017 Law Day theme as "The 14th Amendment: Transforming American Democracy"; and, WHEREAS, the 14th Amendment has greatly expanded the constitutional protections available to all through its clauses guaranteeing due process and equal protection; and, WHEREAS, the 14th Amendment has served as the basis of, and inspiration for, landmark civil rights legislation and court decisions protecting and advancing the rights of Americans; and, WHEREAS, promoting public understanding of the history of our civil liberties is an important component in the civic education of the citizens of the United States and of the State of Florida; and WHEREAS, Law Day, May 1, 2017, and Law Week, May 1-7, 2017, will be commemorated in Indian River County, Florida with events such as "Ask -A -Lawyer," "Lawyers in the Classroom," and a breakfast honoring the local judiciary and their staff. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that May 1, 2017, be designated as Law Day and May 1-7, 2017 be designated as Law Week in Indian River County. Adopted this 2nd day of May, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Bob Solari Tim Zorc P4 7A INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: April 25, 2017 FROM: Michael Smykowski Director, Office of Management & Budget SUBJECT: UPDATE ON ALL ABOARD FL/VERO ELECTRIC EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for All Aboard Florida and Vero Electric/FMPA issues. Please see the attached documents for expenses incurred as of 4/24/17. . ATTACHED: • All Aboard Fl. expenses through 4/24/17 spreadsheet. •, Vero Beach Electric/FPL/FMPA expenses through 4/24/17 spreadsheet. P5 All Aboard Florida Expenses Indian River County 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 4/10/2017 Bryan Cave LLP $3,385.90 Fees for Legal Services -Feb 2017 4/10/2017 Bryan Cave LLP $375.00 Fees for Legal Services -Feb 2017 private activity bonds 3/8/2017 Bryan Cave LLP $11,097.20 Fees for Legal Services- Jan 2017 3/8/2017 Bryan Cave LLP $14,886.78 Fees for Legal Services -Jan 2017 private activity bonds 2/20/2017 Bryan Cave LLP $342.50 Fees for Legal Services- Dec 2016 2/20/2017 Bryan Cave LLP $53,720.93 Fees for Legal Services -Dec 2016 private activity bonds 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 $16,457.70 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 $132,636.99 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 F:\Budget\All Aboard FL Expenses P6 All Aboard Florida Expenses Indian River County 7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services -April 2015 private activity bonds 6/18/2015 Nabors Giblin & Nickerson PA ($250.00) Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA $500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin & Nickerson PA* $617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin & Nickerson PA* $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services 12/10/14 Bryan Cave LLP $79,962.30 Fees for Legal Services Subtotal Expenses FY 14/15 $1,064,319.15 9/30/14 Bryan Cave LLP $26,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services Subtotal Expenses FY 13/14 $28,551.80 *Split between St.Lucie, Indian River, and Martin Counties $6,000.00 Prelim wetland determination Acct#00110214-033190-15023 Other Professional Services 4/18/2017 Triad Railroad Consultants $6,760.69 Expert Witness 2/20/2017 Atkins North America,lnc. $1,607.00 Drainage Reports & calculations 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 $22,159.50 9/30/2016 GK Environmental $5,580.00 9/30/2016 Triad Railroad Consulants $24,758.59 Review AAF 90% & plans 9/30/2016 Atkins North America,lnc. $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 -Fl. 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 P7 All Aboard Florida Expenses Indian River County Acct#11124319-033190 Other Professional Services 7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 16/17 $154,796.49 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 4/24/17 $2,225,701.05 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 $661,219.95 F:\Budget\AII Aboard FL Expenses P8 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services 2/20/2017 Berger Singerman $880.00 Subtotal Expenses FY 16/17 $880.00 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 P9 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services Other Prof. Services /Legal Advertising 5/27/2016 RW Wilson & Assoc $4,090.00 4/22/2016 RW Wilson & Assoc $4,090.00 4/8/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 2/9/2016 Federal Express $4.85 1/20/2016 RW Wilson & Assoc $4,090.00 1/8/2016 RW Wilson & Assoc $4,090.00 12/22/2015 RW Wilson & Assoc $4,090.00 Subtotal Expenses FY 15/16 $32,724.85 9/30/2015 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 FM PA -copy of audio $119.13 1/16/2015 Scripps Treasure Coast $70.98 11/19/2014 Scripps Treasure Coast $63.96 Subtotal Expenses FY 14/15 $25,450.83 9/30/2014 Scripps Treasure Coast $87.36 9/10/2014 Scripps Treasure Coast $88.92 Subtotal Expenses FY 13/14 $176.28 Travel 3/16/2016 Dylan Reingold-FL Senate Committee mtg $394.25 3/8/2016 Courtyard by Mariott $98.00 1/20/2016 Dylan Reingold-FMPA mtg/Tallahassee $372.39 1/6/2016 Dylan Reingold-FMPA mtg/Tallahassee $149.00 10/12/2015 Dylan Reingold-Joint Legislative mtg/Tallahassee $437.53 8/26/2015 Dylan Reingold-FMPA mtg/Tallahassee $75.26 8/26/2015 Kate Cotner-FMPA mtg/Tallahassee $36.00 Subtotal Exaenses FY 14/15 1310 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services Total expenses FY 16/17 $880.00 Total expenses FY 15/16 $69,888.77 Total expenses FY 14/15 $206,300.11 Total expenses FY 13/14 $58,849.99 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 Sana_s7R_nn Remaining Balance $68,909.13 P11 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director THROUGH: James D. Gray, Jr., Coastal Engineer FROM: Kendra L. Cope, M.S., Environmental Specialist SUBJECT: Sebastian Lionfish Fest is back! DATE: April 13, 2017 REQUEST It is requested that the following information be given formal consideration by the Board of County Commissioners during the regularly scheduled meeting on May 2, 2017. This is an announcement to inform the residents of Indian River County (IRC) about the upcoming 2nd annual Sebastian Lionfish Fest. As one of the county's largest conservation -based programs, this event aims to help residents and guests become aware of the rising lionfish invasion, encourages the removal of these fish from coastal habitats and introduces a new management tool through the process of consumption. Additional information can be found on the event website www.SebastianLionfishFest.com and on the event Facebook page: @Sebastian Lionfish Fest. BACKGROUND Biology and Invasion History - The red lionfish is a carnivorous fish species native to the Indo- Pacific Ocean. Commonly found as beautiful aquarium fish, the first lionfish was spotted off the coast of South Florida in the mid 1980's. Due to the lack of natural predators and their desire to eat a wide variety of prey options, following their introduction and subsequent population increases in the Atlantic Ocean and Caribbean Sea, the lionfish population is now growing exponentially. This growth is causing negative impacts on indigenous marine ecosystems and fish, and indirectly economic impacts across the state of Florida and now other locations on the east coast. As a way to mitigate these impacts, several Florida organizations, including the Florida Fish and Wildlife Conservation Commission (FWC) promote and sponsor lionfish fishing tournaments and educational outreach events throughout the State. Event History - On January 12, 2016, the IRC commissioners made a motion to become a supporting sponsor of the inaugural Sebastian Lionfish Fest. County Coastal Division staff, with the help of other stakeholders, worked alongside the Sebastian River Area Chamber of Commerce and Captain Hiram's to organize a fun and interactive event focused on the state's goals of removal and educational outreach, but added one more twist, a lionfish cook -off. Page 2 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@8C05235F\@BCL@8C05235F.docx P12 BCC Agenda Item for May I2017 Sebastian Lionfish Fest is back! The first event was held on RWCs Lionfish Removal and Awareness Day(LRAD) and quickly became one of the county's most successful conservation programs. A total of 31 lionfish were removed through the tournament and another 1750 |iun8shvvene removed tosupply enough food for cook -off guests. Over 400 people participated in the day's activities and enjoyed delicious UonOshdishes from Glocal restaurants. The inaugural Sebastian UonfishFest committee was also recognizedand awarded the 20l7Keep Indian River Beautiful (KIRB) Environmental Award. 2017 PROGRAM UPDATES The Sebastian UonfishFest (#SLF)|snow recognized as the second largest LRAD event in Florida. Due to the success of the, inaugural event, the event planning team including County staff, ` Captain Hiram's and other local stakeholders has made many updates to the 2r1d annual event to encourage more of the community to learn about the ||onfish invasion and help reduce and manage the negative impacts caused bxthese fish inour coastal habitats. The 2OI7event will be held atCaptain Hironm~sonLRADweekend (May 2O-2lst).There will be a2'dayfishing tournament with the captain's meeting on Friday night, May 19th, and the education festival and cook -off will be held on May 21st. The number of local restaurants making delicious dishes has increased to 8, the number of educational organizations presenting has increased to 12 and for the first time there will be coastal conservation -based vendors with a variety of products. Event Schedule: Date Activity Time May 19th Late Tourney Registration 6pm May 19th Tourney Captains Meeting 7pm May 20th Tourney ALL DAY May 211t Educational LRAD Festival 12-4pm May 211t Tourney Weigh-in 11a-1pm May 21't Cook -off 1-3:30pm May 211t Awards and Prizes I 4pm FUNDING Funding for this event comes from local sponsoring companies and individuals through generous donations All sponsors are recognized onthe Sebastian Uonfbh Fest website and during the ATTACHMENTS Event Flyer, Tournament Flyer, Hiram's Portfolio Ad APPROVED AGENDA ITEM FOR: MAY 2,2017 C:\Users\GR/\N1C-1 BCLTech 2017 UU0 (M am hrjow V-... Captain Hiram's May 20t' & 21st 0 0 0 00 0R-�,00u 0000 O VUUUUW U���)UUOAUVASH 0 UWT CUM 0111 a • Q REEF SANCTIONED O o LIONFISN DERBY Follow us ®n facebo®f bebasfiallofifishfost Come catch, eat, and learn about these beautiful but threatening fish while promoting the preservation and protection of our coastal habitats. For more information visit www.SebastianLionfishFest.com. P14 a I 0 Join Us for this pat s SO'bas-fian lion,., - h fest Event Beginsat Noon 1PM — 3:3OPm - Cooh-Off Food Served 4PM — 4:3OPm - Raffles and Awards Trolley available for guests from 12PM — 4:30PM to transport to and from Hirams and Riverside Parh (preferred guests parhing). For more information, please visit www.SebastianLionfishFest.com �RESORT MERMI'M G ME 0 GEM 0 MOU11MMM AW tV )R&W-) 75 AVI CCYk!A-N I zal-to �� fay TftT P16 eA21 W MfMl IRWI � RM MMOM"(11MIT, �ERTI inmT D Native to Indo-Pacific region D Released in Caribbean from aquarium dumping D No predators in Atlantic D Spawn up to 2 million eggs/year D Reach maturity within I year %ukv rn,r�r c,=^ r .ttldri�rrn Jnl Tor000.UJrrr,rtn D?troit-z - _ Boston CC1116.190 O; t.n Lr p, J + ~ t'rlr � �\4,phl?�v York '�bt,i Pram �l°Phil-Idelphia - Jf Q ¢AtIonia �-1 m-' h • - �w i Uami� r, GultcfA-Texh¢ i, ti ' � '• � tH541�fAS -'SYIEXiC0,4. oHivirki ` t r . '; lrt�xito ' City, Port -au �1. 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Gin; I N CD U) N N UD c6 Ln N l _v Ap �Ilr V Op � a} ce ,.sa V co �/&-7 Inaugural Sebast�ian Lionii,fish Fe}st D 2 part event - LRAD Weekend D 1 -day Fishing Tournament — REEF sanctioned D Local restaurant cook -off — fighting for winner of favorite dish D Huge Success! D 31 fish removed by tourney teams D 1750 fish removed for cook -off D Over 400 people in attendance D Won 2016 KIRB Environmental Award ►1 ® New This Year! ® 2 -day Fishing Tourney ® 8 Local Restaurants (4 new) ® Trolley Transportation to. Conservation -Minded Vendors ® Need To Know Information: ® Date: LRAD Weekend May 191h - 21st Location: Captain Hiram's — Beach and Sand Bar ® Parking: Riverview Park ® Fee: Tickets sold online or at door www. SehastianbonfishFest.com I m� I am= I M�9 :��= May 191h Late Tourney Registration 6 pm May 19th Tourney Captains Meeting 7pm May 20th Tourney ALL DAY May 21St Educational LRAD Festival 12-4pm May 21St Tourney Weigh-in J 11a -fpm May 21St Cook -off 1-3:30pm May 21St Awards and Prizes 4pm OV Company Sponsors and Donationspo��o�up �D -All are recognized during the event. Swordfish $50D0 3 Not a fundraiser 'PAO,\ Yellowfin Tuna $2500 -Proceeds will go towards IRC county coastal educational outreach and restoration projects -- — — -- — 0 Dolphin $IDDO f ;: Red Snapper $500 Sebastian River Area Chamber of Commerce <� Flounder $250 log &FrO �ECaviar item donations AMBBER OI R W� Join Us for this year's Sebastian Lionfish fest Event Begins at Noon > pm — 3:30pm - Cook -Off Food Served 4Pm — 4:30pm - Raffles and Awards Trolley available for guests from upm — 4:3oPm to transport to and from Hiram and Riverside Park (Preferred guests parking). For more information, please visit www.SebastianLionfishFest.com \� 1r1 M K/ I - RESTAURANT BAR HOTE •ENTERTAINMEN'1 www.SehastianLionfishFost.com D Free Air by Deep 6 for Tourney Teams D Use #SLFfor all pictures and social media �V ER C �sll Ci�F�. 'a�11GK R Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar City County Golf Tournament May 6 @ Sandridge Golf Club: • 8am Touch-A Truck May 6 @ IRC Fairgrounds: • 10am IRDTC - Dog Agility Event May 12-14 @ IRC Fairgrounds: • 7am-7pm Goodfellas Celebrity Golf Outing May 13 @ Sandridge Golf Club: • 8am Community Office Hours May 18 @ North IRC Library: • 10am Critter Haven Golf Tournament May 20 @ Sandridge Golf Club: • 8am Vero Beach Gun Show May 20 @ IRC Fairgrounds: www.PatriotShows.com • 9am-5pm Sat. • 9am-4pm Sun. Treasure Coast Jr. Golf Tour Team Series Event 5 May 20 @ Sandridge Golf Club: • 10am Mommy Son Dance May 20 @ iG Center: • 5:30pm GAC CLOSED for Private Event May 21 @ Gifford Aquatic Center: • 1-5pm Boss Evolution MMA Fight May 27 @ iG Center: • 6:30pm -�c P17 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services INFORMATIONAL ITEM 7-0 Date: April 19, 2017 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator From: Beth Powell, Conservation Lands Manager Subject: Notice of Application for Division of Historic Resources Grant for the Jones' Pier Fruit Stand and Educational Kiosks at Significant Sites along Historic Jungle Trail DESCRIPTIONS AND CONDITIONS: The concept of the Historic Jungle Trail GreenwayBlueway ("Jungle Trail") was developed initially by Indian River County in 1987. In addition to focusing on the preservation of historic properties, the plan included a broad educational component with the goal of allowing the public to experience and become immersed in the elements of a historic working waterfront. Jungle Trail was listed on the National Register of Historic Places in 2003. The County along with other partners has acquired several parcels along the Jungle Trail (immediately adjacent to Jungle Trail and along the Lagoon on the mainland) that have been set aside for conservation including Pelican Island National Wildlife Refuge, Captain Forster Hammock Preserve, Archie Smith Fish House, the Kroegel Homestead and Jones' Pier Conservation Area. This project will be the initial step in creating an informational and education -driven link between these public parcels, all of which are key components in the history of Indian River County. THE PROJECT: This grant application centers on the restoration of the historic fruit stand at the Jones' Pier Conservation Area creating an anchor point for visitors who visit Jungle Trail. As shown in the photograph in Attachment A, this fruit stand was in operation by the Jones family for more than 70 years and was a historic stopping point along the trail, functioning both as a center of commerce and a hub for community interaction. By building the replica and creating a public interpretive station, this area will once again play a pivotal role, namely to help tell the story of Jungle Trail and the rich history of Indian River County (specifically in the area of Orchid Island). Through this project and highlighting the history of Jungle Trail, the project will serve to provide connectivity and continuity between key parcels purchased for conservation including: Jones' Pier Conservation Area, Captain Forster Hammock Preserve, the Kroegel Estate, Pelican Island National Wildlife Refuge, and the Archie Smith Fish House. Two other key parcels which will be included for educational displays are the Environmental Learning Center where the Laura Riding Jackson C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@ 1 C057707\@BCL@ 1 C057707.doc P18 House (circa 1910) is located and the Bridge Tender's Site where the Wabasso Bridge (circa 1927) was historically located. The location of these sites is depicted on the map in Attachment B. If funded through this grant, the County will create wayside exhibits for each site which will provide the visitors with descriptions of the rich history of the Indian River Lagoon and the Historic Jungle Trail. Visitors will be able to complete the tour guided by printed maps and a web app developed by the County which will provide a story connecting each historic property and highlight the unique aspects of the contributions of the pioneers of Indian River County. Partners who have already shown an interest and provided letters of support are Pelican Island Audubon Society, the Environmental Learning Center, the Indian River County Historical Society, Senator Debbie Mayfield, Congressman Bill Posey, the Indian River Land Trust, and the School District of Indian River County. FUNDING: In December 2015, the Board of County Commissioners approved an amendment to the Comprehensive Plan Capital Improvement Element for public access on conservation lands providing $29 million dollars over 5 years to be utilized toward public access improvements.. Priority was given to establishing trails and related trail structures at conservation areas that are nearing final completion with the FCT outlined obligations. This project has been identified as a top priority through this process. Funding sought from the Division of Historical Resources under this grant will provide $27,500. The County proposes to match $9,500 of in-kind services and $18,500 in cash (see table below) through the use of the appropriate funding source. Grant Cash In -Kind Total Architectural Drawings $ 4,000 $ 4,000 $ 0 $ 8,000 Sign Construction $15,000 $10,000 $ 0 $25,000 Sign Design $ 4,500 $10,000 $ 0 $ 9,000 Sign Installation $ 0 $ 0 $ 2,500 $ 2,500 Site Preparation $ 0 $ 0 $ 1,500 $ 1,500 Site Survey $ 0 $ 0 $ 2,500 $ 2,500 Total: $27,500 $18,500 $ 9,500 $55,500 If awarded, the grant agreement will be presented to the Board of County Commissioners for final approval and the DHR funding would be available July 1, 2018. Concurrently, staff is pursuing elements related to the public access of Jones' Pier Conservation Area including site planning and the FEMA restoration of damaged structures related to Hurricane Matthew. The Jones' Pier will remain open for passive recreation during the grant review process and daily receives visitors at the docks which are open from sunrise to sunset. Attachments: Attachment A — Historic Photograph of Jones' Pier Fruit Stand circa 1930 Attachment B — Proposed Locations of Wayside Exhibits C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@ I C057707\@BCL@ I C057707.doc P19 t -r ir M w i L A. Attachment B — Historic Jungle Trail Sites & Additional Historic Locations v ER y �a MAINSTl ,�' •`Y LLL �' 4'�', . �i . r" „ � Historic `.. Jungle Trail Historic Sites ; Municipal Boundaries oiR "jam S`. i \ ,�. �r AIIA . GLADR YI ^ •A•1 Z 1 a .- ENR Orchid le, +' 00 };: Sebastiaii 41 n t :,..� � - l �1 � + �h _ 93RD ST �y _ - . � •''+An ,may ct� 3 ST 'Y'S.:1c<.+ �I.j, 3 1 �1 f i� •-` { 610ik �t 1• �!' L• f �a-. 10 5 pa 85TH ST -,� �•,�,.,w,:. � •LS t . j� F y Ei o z� Indian ' '� K River " Shores Y 0 Mites M.UV.qww\Imb\t01]_Od](1_u�rkJVww.nmmw.,Mm\Nkmk31�3,.ybM.7owf aw1..wAe.e + w,..w haw um�a c>, C:\Users\GRANIC—I \AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@ I C057707\@BCL@ I C057707.doc P21 April 21, 2017 BOARD OF COUNTY COMMISSIONERS Timothy A. Parsons Ph.D., RPA, Director Florida Department of State, Division of Historical Resources R.A. Gray Building, 500 S. Bronough Street Tallahassee, FL 32399-0250 RE: DHR Small Matching Grant Application Jungle Trail Greenway Public Access Improvements Dear Dr. Parsons: The 5 -year Capital Improvement Plan adopted by the Indian River County Board of County Commissioners on December 6, 2016, contains funding allocations for creating and improving public access to County owned and managed conservation lands. The County intends to utilize these funds for the cash match required for the above referenced DHR Small Matching Grant. In addition, the Indian River County Historical Society has committed to providing pro-bono services (as detailed in the grant application materials) to assist the County with the design of wayside educational exhibits. Jungle Trail and the County owned conservation areas mentioned in this grant are a significant part of Indian River County's history, and the County is committed to managing these areas for the use and enjoyment of the residents of Indian River County, as well as for the many annual visitors that come to our area. If funds are awarded, the grant agreement shall be presented to the Board of County Commissioners for their approval. Sincerely, strator OFFICE OF THE COUNTYADMINISTRA TOR INDIAN RIVER COUNTY 180127"' Street, Vero Beach, Fl 32960-3388 PHONE: 772-226-1408 - FAX: 772-978-1822 P22 -7E Formerly Used Defense Sites For#'Pierce Naval Amphibious Training Base April 2017 s The LI.S. ,Army Corps of Engineers is conducting a Remedial In-,,estigation,,Feasibility Stud}: on portions 6� the former Fort. Pierce Naval Amphibious Training Base, a Formerly Used ;(defense Site along rhe cRasG-i13 fndian River and St. Lucie. Counties. You are invited to attend a meeting to hear more about the history of the site and Our work. What: Community ,Meeting %Vben: *f•ue.sday. May 9, 2017 at 5:30 pm Where: Indian l:_irer County Commission Chambers, 1801 27th Street.. hero Beach The Fort Pierce Naval .Amphibious Training Base COInprised 19.280.48 acres, stretching about 25 miles along the Atlantic coast from near. Fero Beach almost to jenven Reach, including North and South Hutchinson Islands. World 1A'ar 11 training exercises included rockets, bombs, anti-aircraft guns and small arms. The military also used the hw e to dev=elop and test procedures for breaching and removing beach fortifications expected to be encountered in Europe and the Pacific. B\ 1946, the military noIODgcr needed the site, and the land was reri.irned to the original owners. The ptlrlxise. of a Remedial Investigation/Feasibil.it , Study .is to determine if anything remains in the arca from the .military's training, and if so, in what amounts and locations. For more information, attend the community meeting, email FtlDS. Floridat:Iusace.army. mi1, or call 866.279.4880. Renae F. Peckham (Contractor) US Army Corps of Engineers 4009 Wire Rd. Batesburo,, SC' P4QQ6 `!!�fil1!l���1l1�1!'!!'!!1!!`�l�ttl'11l11,!l11���t#fil�tlil 1633 T2 P3 "AUTO' "5 -DIGIT 3296{ INDIAN RIVER COUNTY 1801 27TH ST VERO BEACH FL 32960-3388 U.S•,Arm}= Corps of E.ngineek,.Jaeksonville District, Eina`il: FI3DS:Florfda[OUSACE.Army.tn4il 1 Tel�phonf: 866279-41980 J , PRSRT STD US POSTAGE PAID COLUMBIA SC Pr aeeir A07 REMEDIAL INVESTIGATION/FEASIBILITY STUDY DEFENSE ENVIRONMENTAL RESTORATION PROGRAM FOR FORMERLY USED DEFENSE SITES Across the country, the Department of. Defense acquired properties, often during times of war, to use for military training, testing and demonstrations. When no longer needed, many of these properties were cleaned up according to the best practices available at the time and then transferred to other owners such as private individuals or otber.government entities. These Formerly Used Defense Sites can range from privately owned farms to National Parks. They also.include residential, industrial and educational properties. We are committed to protecting people and the environment and improving public safety by cleaning up -these properties. The Defense Environmental Restoration Program for Formerly Used Defense Sites was established to evaluate and, if necessary, to remediate Formerly Used Defense Sites. The U.S. Army Corps of Engineers (Corps) manages the program on behalf of the Department of Defense. Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act, also known as Supetfund, in 1.980 and the Superfiind Amendments and Reauthorization Actin 1986. These laws give the Corps the authority for certain cleanup activities and dictate the process we must follow. We conduct investigations to determine the potential risk to people and the environment from the military's use of the property. Public involvement and community participation are important components of the process. The Corps partnerswitli stakeholders throughout the process, including congressional representatives, state and local governments, regulatory and environmental agencies, and affected property owners. BACKGROUND The Fort Pierce Naval Amphibious Training Base was a 19,280.48 -acre site that extended approximately 25 miles from near Vero Beach to near jensen Beach and included North and South Hutchinson Islands. The military acquired the site during World War 11for the Navy to create a training facility. The Navy constructed more than 450 buildings and other improvements, such as roads and water and sewer systems. By January 1943, detachments of Scouts and Raiders began arriving. The base fulfilled two primary missions during World War 11. Its original mission was amphibious training, including training for Naval Underwater Demolition Teams. Amphibious training missions included use of high explosive rockets, bombs, anti- aircraft guns and small arms. During 1.943, the joint Army-Navy Experimental and Testing Board was established to develop and test procedures for breaching and removing ])each fortifications expected to be encountered in Europe and japan. Beaches were fortified along the northern portion of the base, and a variety of ordnance %vas tested against these fortifications. By 1946, the site was no longer needed, and the land was returned to the original owners. Much of the area comprising the former base has been developed and includes residential, commercial, governmental and educational .facilities. I Q1 ITA LTA14 L' I _ 4 1 il, W*i&_JAff*M1 Over the years, the Corps has conducted a number of investigations to evaluate if any military -related materials remain at the site. We completed a Site Inspection in 2015 and concluded that a Remedial Investigation/Feasibility Study is necessary for three project areas: Project 02 Engineer Board Area, Project 03 Naval Demolition Research Area, and Project 05 Offshore Obstacle Project 02 is on North Hutchinson Island in Indian River County and comprises approximately 473 acres. Munitions have been P24 located in this area following the War, most recently being a Tiny Tim found in January 2017 during construction on a previously undeveloped parcel. Project 03 is 1,712 acres on Forth Hutchinson Island in both Indian River and St. Lucie Counties. Muni- tions have been found in this area as hell, vrith the most recent ones found during a beach barrier removal project in 1998. The Offshore Obstacle Area (Project 05) is 3,895 acres in the -_*fir Atlantic Ocean, east of North Hutchinson Island in In- dian River and St. Lucie Counties. The Corps identified ii".�J ;�; t� • _ and removed munitions in this area during investigations };_ conducted in 2014 and 2015. The purpose of a Remedial Investigation/Feasibility = Study is to determine if anything remains in the area;: from the military's training, and if so, in what amounts r. and locations. ►� =: ` The fieldwork will include searching for munitions and Y `! � environmentap collectingl samples to test for metals and explosives. The Corps' contractor will tow a digital metal detector to locate buried metallic objects. Then technicians will analyze the data to create maps show- ing the location and amount of buried metal. These arc called density maps. The density maps v0ll indicate where crews need to dig "grids" based on the amount of �M= metal in the ground. Grids are square or rectangular areas of various sizes (such as 25'x 25' or 50'x 50) } ,� where munitions experts dig up metallic objects to, determine what they are. Once the fieldwork is complete, the team will analyze Indian River County_ the data, draft a report and make recommendations. The results will be summarized in a document called a St. Lucie County �. Proposed Plan which will present the alternatives for addressing what, if anything, remains on the site, The alternatives can range from no further action being nec- essary to educating the public about the site to conduct- ing a removal action to search for and remove munitions. ; x When the Proposed Plan is ready, the Corps will present " Fh! 4 it at a public meeting, and the pubbc will have at least 30 days to review and submit comments on the plan. Because of how the military used the site, there could potentially be buried munitions. These could be dangerous and may not be easily recognizable. Never touch, move or disturb something you think may be a munition. Remember the 3Rs. - The item you found could be dangerous. - Do not touch it in any way, and leave the area. MIUM Call 911 immediately. 013e(ognize OQetreat OReport Contact the Corps: Call 866.279.4980 or. Email FUDS.Florida@usace.army.mil Project documents can be -viewed at: Fort Pierce Branch, St. Lucie County Public Library Indian River. County Main Library 101 Melody Lane, Fort Pierce, FL 34950 1600 21st Street, Vero Beach, FL 32960 P25 FILED APR 24, 2017 DOCUMENT NO. 04393-17 FPSC - COMMISSION CLERK BEFORETHE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of a new optional DOCKET NO. 160245 -El pilot LED streetlight tariff, by Florida Power & ORDER NO. PSC- I 7 -0140 -CO -Fl Light Company. ISSUED: April 24, 2017 CONSUMMATING ORDER BY THF COMMISSION: By Order No. PSC -17 -0115 -TRF -II, issued March 28, 2017, this Commission proposed to take certain action, subjcct to a Petition for Formal Proceeding as provided in Rule 25-22.029, Florida Administrative Code. No response has been filed to the order, in regard to the above mentioned docket. It is, therefore, ORDERED by the Florida Public Service Commission that Order No. PSC -17 -0115 - TRF -El has become effective and final. It is further ORIX-"RFI) that this docket shall be closed. By ORDER of the Florida Public Service Commission this 24th day of April, 2017. 0/ OaAi'y's'J�Zj CARLOTTA S. STAIJI-FEW Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.coni Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. WDT ORDER NO, PSC -17 -0140 -CO -EI DOCKET NO. 160245 -EI PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. IJ i� •-;. r1 T Office of the INDIAN RIVER COUNTY Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator ADMINISTRATOR MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: April 27, 2017 SUBJECT: Declaration Local State of Emergency in Connection with Wildfires As authorized by Indian River County Code Section 101.10(1) and Resolution 2016-120, at 3:00 p.m. on the 27th of April I declared a local state of emergency in all of Indian River County, Florida in Connection with wildfires, and subsequently issued a burn ban for Indian River County. Attachments: Proclamation Declaring a Local State of Emergency Indian River County Emergency Order 2017-001 State of Florida, Office of the Governor, Executive Order 17-120 Florida Forest Service County Burn Bans 4/26/17 P26 BOARD OF COUNTY COMMISSIONERS PROCLAMATION DECLARING A LOCAL STATE OF EMERGENCY IN INDIAN RIVER COUNTY, FLORIDA, IN CONNECTION WITH WILDFIRES WHEREAS, on April I Ph, 2017, Governor Rick Scott, in his capacity as Governor of the State of Florida, issued Executive Order Number 2017-1.20, declaring a state of emergency exists in the State of Florida due to the ongoing danger of wildfires: and WHEREAS, pursuant to section 101.10(1) of the Code of Indian River County, and Resolution 2016-120 of the Board of County Commissioners.. the County Administrator/Indian River County Emergency Services District Director is authorized to declare a local state of emergency upon making a determination that a natural disaster has occurred or is imminent, requiring immediate and expeditious action. NOW, THEREFORE, in my capacity as.County Administrator and Indian River County Emergency Services District Director, I hereby (I) determine that, by reason of the ongoing danger of wildfires, the threat of a natural disaster has occurred or is imminent, requiring immediate and expeditious action, and (2) declare that a local state of emergency exists in all of Indian River County, Florida, effective as of 3 p.m., on this 27'h day of April, 2017. Jason E.ro n, Indian Mi<er County Administrator and In f Lia�n Iver County Emergency Services District ' ctor OFFICE OF THE COUNTYADMINISTRA TOR INDIAN RIVER COUNTY 1801 27th Street, Vero Beach, FL 32960-3388 Phone: 772-226-1408 - Fax: 772-978-1822 C:\Users\droykAppData\Local\Microsoft\Windows\Temporary Internet Filcs\Content.Outlook\EKXE60HB\2016 Declaration -Local Emergency (State Declared- Administrator)(Fire).doc I;m BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY EMERGENCY ORDER 2017-001 WHEREAS, on April I I'h, 2017, Governor Rick Scott, Governor of the State of Florida, issued Executive Order Number 2017-120, declaring a state of emergency exists in the State of Florida due to the ongoing danger of wildfires; and WHEREAS, on April 27", 2017, 1, in my official capacity as County Administrator and Indian River County Emergency Services Director, and acting pursuant to section 101.10(1) of the Code of Indian River, and Resolution 2016-120 of the Board of County Commissioners, declared that a local state of emergency exists in all of Indian River County, Florida, by reason of wildfires; and WHEREAS, by reason of such declarations of a state of emergency, and pursuant to the authority granted in me in my capacity as County Administrator and Indian River County Emergency Services District Director, I am authorized to enter emergency orders necessary to ensure the health, safety and welfare of the residents of Indian River County, including, without limitation-, those, orders authorized in chapter 252, Florida Statutes, and chapter 101 of the Code of Indian River County, and other applicable law; NOW, THEREFORE, this Emergency Order is issued declaring a countywide, mandatory bum ban that prohibits all outdoor burning that has not been specifically permitted by the Florida Forestry Service. Bon fires, campfire, and the burning of vegetative (yard) debris is not allowed at this time. THIS EMERGENCY ORDER shall be in effed throughout Indian River County from 1 p.m. on April 27th, 2017 until 3 p.m. on May 4'h , 2017, or until further order. DONE AND ORDERED this 27th day of April, 20I7. OFFICE OF THE COUNTYADMINISTRA TOR INDL4NRIVER COUNTY 1801 27 1h Street, Vero Beach, FL 32960-3388 Phone: 772-226-1408 - Fax: 772-978-1822 C:\Users\droy\AppData\Local\Microtoft\Windows\Temporary Internet Files\Content.Outlook\EKXE60HBU016 Master Emergency Order (Reso)(Burn Han).doc im STATE OF FLORIDA OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 17-120 (Emergency Management/Wildfires) WHEREAS, much of Florida, including Central Florida and South Florida, is experiencing significant drought conditions; and WHEREAS, the Keetch-Byram Drought Index (KBDI) average for the State is currently 338 (0 represents saturated soil and vegetation conditions; 800 represents extremely dry soil and vegetation conditions), with the highest values, over 600, concentrated in Central and South Florida; and WHEREAS, according to, the U.S. Drought Monitor, moderate to severe drought conditions are expanding across Central and South Florida and abnormally dry conditions exist across Northeast Florida and these conditions are likely to worsen over the next several weeks; and WHEREAS, currently, the Florida Forest Service has advised there are currently 107 active wildfires burning across the state which are affecting 23,827 acres of wildlands; and WHEREAS, there has been large fire activity in Polk County, County Road 630 wildfire, that has burned 5,500 acres and destroyed twelve homes and is still active; and WHEREAS, a large wildfire has occurred in Collier County, Lee Williams Road wildfire, that has burned 7,230 acres and destroyed four homes; and WHEREAS, a large wildfire has occurred in Marion County, NE 212 Road wildfire, that hasburned 700 acres and destroyed one home; and WHEREAS, a large wildfire has occurred in Nassau County, Garfield Road wildfire, P29 that has burned 705 acres and destroyed two homes; and WHEREAS, a large wildfire has occurred in Broward County, Holey Land wildfire, that has burned 6,800 acres; and WHEREAS, a large wildfire has occurred in Hernando County, Water Tower wildfire, that has burned 1,100 acres; and WHEREAS, a large wildfire has occurred in Glades County, Ferguson wildfire, that has burned 465 acres; and WHEREAS, the Governor finds that lives and property statewide are now threatened by the imminent danger of wildfires that may start up at once in many different locations; and WHEREAS, precautions may be needed to protect the lives and property of the people in threatened communities, the natural environment, and the general welfare of the State of Florida; NOW, THEREFORE, I, RICK SCOTT, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section 1(a) of the Florida Constitution and by the Florida Emergency Management Act, as amended, and all other applicable laws, promulgate the following Executive Order, to take immediate effect: Section 1. Because of the foregoing conditions, I declare that the ongoing danger of wildfires threatens the State of Florida with a major disaster, and that as a consequence of this danger a state of emergency exists in the State of Florida. Section 2. I designate the Director of the Division of Emergency Management as the State Coordinating Officer for the duration of this emergency and direct him or her to activate the state's Comprehensive Emergency Management Plan and other response, recovery, and mitigation plans necessary to cope with the emergency. Pursuant to section 252.36(l)(a), 2 P30 Florida Statutes, I delegate to the State Coordinating Officer the authority to exercise those powers delineated in sections 252.36(5)—(l0), Florida Statutes, which he or she shall exercise as needed to meet this emergency, subject to the limitations of section 252.33, Florida Statutes. In exercising the powers delegated by this Order, the State Coordinating Office shall confer with the. Governor and the Director of the Florida Forest Service to the fullest extent practicable. The State Coordinating Officer shall also have the authority to: A. Invoke and administer the Emergency Management Assistance Compact ("EMAC") (sections 252.921—.933, Florida Statutes) and other compacts and agreements existing between the State of Florida and other states, and the further authority to coordinate the allocation of resources from such other states that are made available to Florida under such compacts and agreements so as best to meet this emergency. B. . Seek direct assistance and enter into agreements with any and all agencies of the United States Government as may be needed to meet the emergency. C. Direct all state, regional and local governmental agencies, including law enforcement agencies, to identify personnel needed from those agencies to assist in meeting the needs created by this emergency, and to place all such personnel under the direct command and coordination of the State Coordinating Officer to meet this emergency; D. Designate Deputy State Coordinating Officers. The State Coordinating Officer shall have the authority to enter such orders as may be needed to implement any or all of the foregoing powers. Section 3. 1 order the Adjutant General to activate the Florida National Guard, as needed, to deal with this emergency, for the duration of this emergency, and I place the National Guard under the coordination and direction of the State Coordinating Officer. 3 P31 Section 4. I delegate the State Coordinating Office the authority to coordinate and direct such aviation and/drone and ground resources of any and all state, regional, and local governmental agencies, including law enforcement agencies, as the State Coordinating Officer may designate for firefighting activities under the State Coordinating Office while this Executive Order remains in effect. Section 5. I find that the special duties and responsibilities resting upon some State, regional, and local agencies and other governmental bodies in responding to the emergency may require them to waive or deviate from the statutes, rules, ordinances, and orders they administer. Therefore, I issue the following authorizations: A. Pursuant to section 252.36(1)(a), Florida Statutes, the Executive Office of the Governor may waive all statutes and rules affecting budgeting to the extent necessary to provide budget authority for state agencies to cope with this emergency. The requirements of sections 252.46 and 120.54(4), Florida Statutes, do not apply to any such waiver issued by the Executive Office of the Governor. B. Each State agency may suspend the provisions of any regulatory statute prescribing the procedures for conduct of state business or the orders or rules of that agency, if strict compliance with the provisions of any such statute, order, or rule would in any way prevent, hinder, or delay necessary action in coping with the emergency. This includes, but is not limited to, the authority to suspend any and all statutes, rules, ordinances, or orders which affect leasing, printing, purchasing, travel, and the condition of employment and the compensation of employees. For the purposes of this Executive Order, "necessary action in coping with the emergency" means any emergency mitigation, response, or recovery action: (1) prescribed in the State Comprehensive Emergency Management Plan ("CEMP"); or, (2) 4 P32 directed by the State Coordinating Officer. Any waiver of statutes, rules, ordinances, or orders shall be by emergency rule or order in accordance with sections 120.54(4) and 252. 46, Florida Statutes, and shall expire thirty days from the date of this Executive Order, unless extended in increments of no more than thirty days by the agency, and in no event shall remain in effect beyond the earlier of the date of expiration of this Order, as extended, or ninety (90) days from the date of issuance of this Order. C. In accordance with section 252.38, Florida Statutes, each political subdivision within the State of Florida may waive the procedures and formalities otherwise required of the political subdivision by law pertaining to: 1) Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community; 2) Entering into contracts; 3) Incurring obligations; 4) Employment of permanent and temporary workers; 5) Utilization of volunteer workers; 6) Rental of equipment; 7) Acquisition and distribution, with or without compensation, of supplies, materials, and facilities; and, 8) Appropriation and expenditure of public funds. D. All agencies whose employees are certified by the American Red Cross as disaster service volunteers within the meaning of Section 110.120(3), Florida Statutes, may release any such employees for such service as requested by the Red Cross to meet this emergency. 5 P33 4 E. The Secretary of the Florida Department of Transportation (DOT) may: I Waive the collection of tolls and other fees and charges for the use of the Turnpike and other public highways, to the extent such waiver may be needed to provide emergency assistance or facilitate the evacuation of the affected counties; 2) Reverse the flow of traffic or close any and all roads, highways, and portions of highways as may be needed for the safe and efficient transportation of evacuees to those counties that the State Coordinating Officer may designate as destination counties for evacuees in this emergency; 3) Suspend enforcement of the registration requirements pursuant to sections 316.545(4) and 320.0715, Florida Statutes, for commercial motor vehicles that enter Florida to provide emergency services or supplies, to transport emergency equipment, supplies or personnel, or to transport FEMA mobile homes or office style mobile homes into or from Florida; 4) Waive the hours of service requirements for such vehicles: 5) Waive by special permit the warning signal requirements in the Utility Accommodations Manual to accommodate public utility companies from other jurisdictions which render assistance in restoring vital services; and, 6) Waive the size and weight restrictions for divisible loads on any vehicles transporting emergency equipment, services, supplies , and agricultural commodities and citrus as recommended by the Commissioner of Agriculture, allowing the establishment of alternate size and weight restrictions for all such vehicles for the duration of the emergency. The DOT shall issue permits and such vehicles shall be subject to such special conditions as the DOT may endorse on any such permits. 6 P34 Nothing in this Executive Order shall be construed to allow any vehicle to exceed weight limits posted for bridges and like structures, or relieve any vehicle or the carrier, owner, or driver of any vehicle from compliance with any restrictions other than those specified in this Executive Order, or from any statute, rule, order, or other legal requirement not specifically waived herein or by supplemental order by the State Coordinating Officer; F. The Executive Director of the Department of Highway Safety and Motor Vehicles (DHSMV) may: I ) Suspend enforcement of the registration requirements pursuant to sections 316.545(4) and 320.0715, Florida Statutes, for commercial motor vehicles that enter Florida to provide emergency services or supplies, to transport emergency equipment, supplies or personnel, or to transport FEMA mobile homes or office style mobile homes into or from Florida; 2) Waive the hours of service requirements for such vehicles; 3) Suspend the enforcement of the licensing and registration requirements under the International Fuel Tax Agreement (IFTA) pursuant to Chapter 207 Florida Statutes, and the International Registration Plan (IRP) pursuant to section 320.0715, Florida Statutes, for motor carriers or drivers operating commercial motor vehicles that are property registered in other jurisdictions and that are participating in emergency relief efforts through the transportation of equipment and supplies or providing other assistance in the form of emergency services; 4) Waive fees for duplicate or replacement vessel registration certificates, vessel title certificates, vehicle license plates, vehicle registration certificates, vehicle tag certificates, vehicle title certificates, handicapped parking permits, replacement drivers' licenses, and VJ P35 replacement identification cards and to waive the additional fees for the late renewal of or application for such licenses, certificates, and documents due to the effects of adverse weather conditions; and, 5) Defer administrative actions and waive fees imposed by law for the late renewal or application for the above licenses, certificates, and documents, which were delayed due to the effects of adverse weather conditions, including in counties wherein the DHSMV has closed offices, or any office of the County Tax Collector that acts on behalf of the DHSMV to process renewals has closed offices due to adverse weather conditions. Recordkeeping and other applicable requirements for existing IFTA and IRP licensees and registrants are not affected by this order. The DHSMV shall promptly notify the State Coordinating Officer when the waiver is no longer necessary. G. In accordance with section 465.0275, Florida Statutes, pharmacists may dispense up to a 30 -day emergency prescription refill of maintenance medication to persons who reside in an area or county covered under this Executive Order and to emergency personnel who have been activated by their state and local agency but who do not reside in an area or county covered by this Executive Order. H. All State agencies responsible for the use of State buildings and facilities may close such buildings and facilities in those portions of the State affected by this emergency, to the extent to meet this emergency. I direct each State agency to report the closure of any State building or facility to the Secretary of the Department of Management Services. Under the authority contained in section 252.36, Florida Statutes, I direct each County to report the closure of any building or facility operated or maintained by the County or any political 1.9 P36 subdivision therein to the Secretary of the Department of Management Services. Furthermore, I direct the Secretary of the Department of Management Services to: 1) Maintain an accurate and up-to-date list of all such closures; and, 2) Provide that list daily to the State Coordinating Officer. All State agencies may abrogate the time requirements, notice requirements, and deadlines for final action on applications for permits, licenses, rates, and other approvals under any statutes or rules under which such application are deemed to be approved unless disapproved in writing by specified deadlines, and all such time requirements that have not yet expired as of the date of this Executive Order are suspended -and tolled to the extent needed to meet this emergency. Section 6. All public facilities, including elementary and secondary schools, community colleges, state universities, and other facilities owned or leased by the state, regional or local governments that are suitable for use as public shelters shall be made available at the request of the local emergency management agencies to ensure the proper reception and care of all evacuees. Under the authority contained in section 252.36, Florida Statutes, I direct the Superintendent of each public school district in the State of Florida to report the closure of any school within its district to the Commissioner` of the Florida Department of Education. Furthermore, I direct the Commissioner of the Department of Education to: A. Maintain an accurate and up-to-date list of all such closures; and, B. Provide that list daily to the State Coordinating Officer. Section 7. I find that the demands placed upon the funds appropriated to the agencies of the State of Florida and to local agencies are unreasonably great and may be inadequate to pay the costs of coping with this disaster. In accordance with section 252.37(2), 9 P37 Florida Statutes, I direct that sufficient funds be made available, as needed, by transferring and expending moneys appropriated for other purposes, moneys from unappropriated surplus funds, or from the Budget Stabilization Fund. Section S. All State agencies entering emergency final orders or other final actions in response to this emergency shall advise the State Coordinating Officer contemporaneously or as soon as practicable. Section 9. Medical professionals and workers, social workers, and counselors with good and valid professional licenses issued by states other than the State of Florida may render such services in Florida during this emergency for persons affected by this emergency with the condition that such services be rendered to such persons free of charge, and with the further condition that such services be rendered under the auspices of the American Red Cross or the Florida Department of Health. Section 10. Pursuant to section 501.160, Florida Statutes, it is unlawful and a violation of section 501,204 for a person to rent or sell or offer to rent or sell at an unconscionable price within the area for which the state of emergency is declared, any essential commodity including, but not limited to, supplies, services, provisions, or equipment that is necessary for consumption or use as a direct result of the emergency. Section 11. Under the authority contained in sections 252.36(5)(a), (g), and (m), Florida Statutes, I direct that, for the purposes of this emergency, the term "essentials", as defined by section 252.359(2), Florida Statutes, shall be the same as and no more expansive than the term "commodity", as defined by section 501.160(l)(a), Florida Statutes (hereinafter referred to collectively or alternatively as "essential commodities"). Accordingly, any person who delivers essential commodities to a location in the area(s) declared to be under a state of 10 P38 emergency by this Executive Order, and when necessary to ensure that those commodities are made available to the public, may travel within evacuated areas and exceed curfews, provided the State Coordinating Officer determines, after consultation with the appropriate Emergency Support Function(s), that: A. Law enforcement officials in the declared area(s) can provide adequate security to protect the essential commodities from theft; B. The weight .of a delivery vehicle will not jeopardize the structural integrity of any roadway or bridge located within the declared area; C. Delivery vehicles will not negatively impact evacuation activities in the declared area(s); and, D. Delivery vehicles will not negatively impact any response or recovery activities occurring within the declared area(s). After consulting with the appropriate Emergency Support Function(s), and after consulting with local officials, the State Coordinating Officer may dictate the routes of ingress, egress, and movement within the declared area(s) that drivers must follow when delivering essential commodities. Provided he or she is actually delivering medications, any person authorized to deliver medications under chapter. 893, Florida Statutes, qualifies as a person delivering essential commodities. In order to qualify as a person delivering essential commodities under this section, a person must be in the process of delivering essential commodities only. If an individual is transporting both essential and non-essential commodities, then this section shall not provide any authorization for that individual to enter into or move within the declared area(s). P39 Section 12. Consistent with Executive Order 80-29, nothing in this Order shall prevent local jurisdictions in any area not declared to be under a state of emergency by this Executive Order from taking prompt and necessary action to save lives and protect the property of their citizens, including the authority to compel and direct timely evacuation when necessary. Section 13. 1 authorize the Florida Housing Finance Corporation to distribute funds pursuant to section 420.9073, Florida Statutes, to any county, municipality, or other political subdivision located within the areas} declared to be under a state of emergency by this executive order. The authority of the Florida Housing Finance Corporation to distribute funds under this state of emergency shall expire six months from the date of this Order. Section 14. All actions taken by the Director of the Division of Emergency Management with respect to this emergency before the issuance of this Executive Order are ratified. This Executive Order shall expire sixty days from this date unless extended. ATTEST: , SECRETARY OF tTATE IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this I I' day of April, 2017. GO 12 P40 X0 co P40 P41 to JEFFREY R SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271° Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: April 13, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS April 7, 2017 to April 13, 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 April 7, 2017 to April 13, 2017. Attachment: P42 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 351959 04/12/2017 JORDAN MOWER INC 293.45 351960 04/12/2017 COLKITT SHEET METAL & A/C INC 1,271.00 351961 04/12/2017 COMMUNICATIONS INTERNATIONAL 158.40 351962 04/12/2017 TEN -8 FIRE EQUIPMENT INC 2,132.90 351963 04/12/2017 RANGER CONSTRUCTION IND INC 1,194.08 351964 04/.12/2017 VERO CHEMICAL DISTRIBUTORS INC 256.60 351965 04/12/2017 ALARM PARTNERS 134.70 351966 04/12/2017 KIMLEY HORN & ASSOC INC 4,080.00 351967 04/12/2017 VELDE FORD INC 406.93 351968 04/12/2017 SAFETY PRODUCTS INC 872.60 351969 04/12/2017 DATA FLOW SYSTEMS INC 4,236.12 351970 04/12/2017 SEWELL HARDWARE CO INC 108.39 351971 04/12/2017 PARALEE COMPANY INC 500.00 351972 04/12/2017 B G KENN INC 556.00 351973 04/12/2017 GRAYBAR ELECTRIC 1,137.62 351974 04/12/2017 MCMASTER CARR SUPPLY CO 195.10 351975 04/12/2017 AMERIGAS EAGLE PROPANE LP 30.36 351976 04/12/2017 HACH CO 3,228.38 351977 04/12/2017 LFI FORT PIERCE INC 721.56 351978 04/12/2017 HD SUPPLY WATERWORKS, LTD 9,186.88 351979 04/12/2017 BOUND TREE MEDICAL LLC 7,365.69 351980 04/12/2017 SCHULKE BITTLE & STODDARD LLC 4,890.77 351981 04/12/2017 PETES CONCRETE 1,500.00 351982 04/12/2017 VERO INDUSTRIAL SUPPLY INC 939.33 351983 04/12/2017 BRISTER SIGNS INC 225.00 351984 04/12/2017 DIVE RESCUE INTERNATIONAL INC 300.00 351985 04/12/2017 TIRESOLES OF BROWARD INC 12,272.55 351986 04/12/2017 H C WARNER INC 2,156.26 351987 04/12/2017 BARTH CONSTRUCTION INC 177,311.32 351988 04/12/2017 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 600.00 351989 04/12/2017 THE GOODYEAR TIRE & RUBBER COMPANY 6,966.72 351990 04/12/2017 BAKER & TAYLOR INC 3,969.50 351991 04/12/2017 MIDWEST TAPE LLC 908.53 351992 04/12/2017 HUDSON PUMP & EQUIPMENT 2,795.00 351993 04/12/2017 VERO COLLISION CENTER 18,643.80 351994 04/12/2017 BAKER DISTRIBUTING CO LLC 239.92 351995 04/12/2017 CENGAGE LEARNING INC 528.63 351996 04/12/2017 I KRUGER INC 746.00 351997 04/12/2017 GO COASTAL INC 272.00 351998 04/12/2017 SOFTWARE HARDWARE INTEGRATION 3,124.20 351999 04/12/2017 SUNSHINE SAFETY COUNCIL INC 194.00 352000 04/12/2017 COMMUNITY ASPHALT CORP 102,698.67 352001 04/12/2017 LINDSEY GARDENS LTD 491.00 352002 04/12/2017 CLERK OF CIRCUIT COURT 339.88 352003 04/12/2017 CLERK OF CIRCUIT COURT 3,982.54 352004 04/12/2017 CITY OF VERO BEACH 64,869.37 352005 04/12/2017 CITY OF VERO BEACH 6,250.00 352006 04/12/2017 INDIAN RIVER ALL FAB INC 834.60 352007 04/12/2017 UNITED PARCEL SERVICE INC 97.30 352008 04/12/2017 FERGUSON ENTERPRISES INC 13,522.74 352009 04/12/2017 INDIAN RIVER COUNTY 494.19 352010 04/12/2017 JANITORIAL DEPOT OF AMERICA INC 48.26 352011 04/12/2017 PUBLIX SUPERMARKETS 14.95 352012 04/12/20.17 AAA COOPER TRANSPORTATION INC 57.40 352013 04/12/2017 ACUSHNET COMPANY 102.51 352014 04/12/2017 FLORIDA FIRE CHIEFS ASSOCIATION 465.00 352015 04/12/2017 SUBSTANCE AWARENESS COUNCIL OF IRC INC 10,291.90 352016 04/12/2017 SUBSTANCE AWARENESS COUNCIL OF IRC INC 13,076.13 1 TRANS NBR DATE VENDOR AMOUNT 352017 04/12/2017 FLORIDA POWER AND LIGHT 36,964.92 352018 04/12/2017 FLORIDA POWER AND LIGHT 1,801.05 352019 04/12/2017 PUBLIC DEFENDER 4,524.52 352020 04/12/2017 BRE-CLEARWATER OWNER LLC 460.00 352021 04/12/2017 STATE ATTORNEY 5,299.29 352022 04/12/2017 CITY OF FELLSMERE 250.24 352023 04/12/2017 PEACE RIVER ELECTRIC COOP INC 30.68 352024 04/12/2017 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,737.50 352025 04/12/2017 MEDICARE PART B FINANCIAL SERVICES 729.14 352026 04/12/2017 TOCOMA RUBBER STAMP & MARKING SYSTEM 6.34 352027 04/12/2017 TRICARE 349.36 352028 04/12/2017 AARP INSURANCE 186.01 352029 04/12/2017 UNITED HEALTH CARE INS COMPANY 318.58 352030 04/12/2017 GERALD A YOUNG SR 135.00 352031 04/12/2417 GREY HOUSE PUBLISHING 361.10 352032 04/12/2017 GREY HOUSE PUBLISHING 112.50 352033 04/12/2017 COUNTY VETERAN SERVICE OFFICERS 80.00 352034 04/12/2017 ALAN C KAUFFMANN 220.00 352035 04/12/2017 CIGNA 423.04 352036 04/12/2017 A M BEST COMPANY INC 184.50 352037 04/12/2017 G K ENVIRONMENTAL INC 400.00 352038 04/12/2017 JOHN BROWN & SONS INC 4,800.00 352039 04/12/2017 BLUE CROSS BLUE SHIELD 231.99 352040 04/12/2017 ELXSI INC 2,321.21 352041 04/12/2017 DONADIO AND ASSOCIATES ARCHITECTS 1,248.16 352042 04/12/2017 HUMANA 976.09 352043 04/12/2017 HUMANA 128.80 352044 04/12/2017 INDIAN RIVER COUNTY HOUSING AUTHORITY 380.00 352045 04/12/2017 JASON OGILVIE 83.00 352046 04/12/2017 MICHAEL QUIGLEY 30.00 352047 04/12/2017 RUSSELL PAYNE INC. 2,111.76 352048 04/12/2017 TRANE US INC 241.35 352049 04/12/2017 CELICO PARTNERSHIP 2,891.37 352050 04/12/2017 ANIXTER INC 447.50 352051 04/12/2017 VAN WAL INC 1,145.00 352052 04/12/2017 LOIS WILSON 275.00 352053 04/12/2017 JOSEPH W VASQUEZ 180.00 352054 04/12/2017 DASIE BRIDGEWATER HOPE CENTER INC 3,880.00 352055 04/12/2017 ALAN HILL 460.09 352056 04/12/2017 OCLC ONLINE COMPUTER LIBRARY CENTER 421.89 352057 04/12/2017 CENTRAL PUMP & SUPPLY INC 971.98 352058 04/12/2017 LEFEBVRE, MARGARET 84.13 352059 04/12/2017 MASTELLER & MOLER INC 2,955.00 352060 04/12/2017 STAPLES CONTRACT & COMMERCIAL INC 543.43 352061 04/12/2017 GARY L EMBREY 100.00 352062 04/12/2017 BILL BRESSETT 80.00 352063 04/12/2017 METRO FIRE PROTECTION SERVICES INC 51.30 352064 04/12/2017 PETER OBRYAN 127.99 352065 04/12/2017 PAK MAIL. 17.24 352066 04/12/2017 JOHNNY B SMITH 150.00 352067 04/12/2017 MUNICIPAL WATER WORKS INC 2,974.80 352068 04/12/2017 CHARLES A WALKER 290.00 352069 04/12/2017 SOUTHEAST SECURE SHREDDING 154.60 352070 04/12/2017 RENAE CHANDLER 60.00 352071 04/12/2017 DANA SAFETY SUPPLY INC 21.00 352072 04/12/2017 K'S COMMERCIAL CLEANING 875.00 352073 04/12/2017 TERESA PULIDO 300.00 352074 04/12/2017 WINSUPPLY OF VERO BEACH 82.61 352075 04/12/2017 WINSUPPLY OF VERO BEACH 3.56 352076 04/12/2017 FLORIDA MEDICAID 97.79 2 P44 TRANS NBR DATE VENDOR AMOUNT 352077 04/12/2017 BRENNTAG MID-SOUTH INC 6,851.77 352078 04/12/2017 CIVILSURV DESIGN GROUP INC 474.83 352079 04/12/2017 WOERNER DEVELOPMENT INC 4,933.50 352080 04/12/2017 KEMPER BUSINESS SYSTEMS 27.50 352081 04/12/2017 JANCY PET BURIAL SERVICE INC 8.50 352082 04/12/2017 FLORIDA ARMATURE WORKS INC 1,792.00 352083 04/12/2017 JOSEPH CATALANO 40.00 352084 04/12/2017 OVERDRIVE INC 267.39 352085 04/12/2017 BERMUDA SANDS APPAREL LLC 3,780.00 352086 04/12/2017 HEATHER HATTON 80.00 352087 04/12/2017 MOORE MOTORS INC 1,301.98 352088 04/12/2017 NEW SOM OIL COMPANY 1,040.07 352089 04/12/2017 WILD TURKEY ESTATES OF VERO :LLC 4,042.56 352090 04/12/2017 TIM ZORC 800.97 352091 04/12/2017 LOWES HOME CENTERS INC 1,581.72 352092 04/12/2017 CB&I COASTAL PLANNING & ENGINEERING INC 30,462.59 352093 04/12/2017 ALEX MIKLO 135.00 352094 04/12/2017 STEVEN G HANSEN 120.00 352095 04/12/2017 BURNETT LIME CO INC 16,066.40 352096 04/12/2017 TREASURE COAST TURF INC 4,050.00 352097 04/12/2017 PENGUIN RANDOM HOUSE LLC 496.80 352098 04/12/2017 CARMEN LEWIS 140.00 35209.9 04/12/2017 STEWART & STEVENSON FDDA LLC 644.40 352100 04/12/2017 CHEMTRADE CHEMICALS CORPORTATION 5,605.04 352101 04/12/2017 DYLAN REINGOLD 368.67 352102 04/12/2017 WADE WILSON 120.00 352103 04/12/2017 BRUCE SABOL 30.00 352104 04/12/2017 FORTILINE INC 2,299.80 352105 04/12/2017 THE LAW OFFICES OF 771.00 . 352106 04/12/2017 BERNARD EGAN & COMPANY 18,128.34 352107 04/12/2017 AMERITAS 810.83 352108 04/12/2017 BRYAN CAVE LLP 3,760.90 352109 04/12/2017 RONALD NICHELSON 60.00 352110 04/12/2017 RELIANT FIRE SYSTEMS INC 45.00 352111 04/12/2017 COBRA GOLF INCORPORATED 186.45 352112 04/12/2017 SYLIVIAMILLER 65.00 352113 04/12/2017 FLORITURF SOD INC 195.00 352114 04/12/2017 ENCORE ONE LLC 2,271.86 352115 04/12/2017 CONSTANCE PETERSON 50.00 352116 04/12/2017 KAMAN INDUSTRIAL TECHNOLOGIES CORPORATION 1,787.18 352117 04/12/2017 JOSEPH DIZONNO 60.00 352118 04/12/2017 MOLINA HEALTHCARE MEDICAID 90.43 352119 04/12/2017 JENNIFER E PROPER 70.00 352120 04/12/2017 CATHEDRAL CORPORATION 1,190.04 352121 04/12/2017 UNIFIRST CORPORATION 1,084.88 352122 04/12/2017 CDA SOLUTIONS INC 32,440.76 352123 04/12/2017 SITEONE LANDSCAPE SUPPLY LLC 117.98 352124 04/12/2017 DEBORAH A NOVACK 150.00 352125 04/12/2017 ADVANCE STORES COMPANY INCORPORATED 165.86 352126 04/12/2017 DENISE GILLESPIE 50.00 352127 04/12/2017 EGP DOCUMENT SOLUTIONS LLC 834.98 352128 04/12/2017 CROSSOVER MISSION 11,250.00 352129 04/12/2017 NORTH AMERICAN OFFICE SOLUTIONS INC 47.14 352130 04/12/2017 RUSSELL L OWEN 111 60.00 352131 04/12/2017 COVENTRY COMMERCIAL 418.60 352132 04/12/2017 DARREN COLE 71.00 352133 04/12/2017 COVERALL NORTH AMERICA INC 2,015.00 352134 04/12/2017 SILVIO MARTINEZ 16.00 352135 04/12/2017 JONATHAN DALESSIO 24.00 352136 04/12/2017 DEBBIE CARSON 100.00 P45 TRANS NBR DATE VENDOR AMOUNT 352137 04/12/2017 MATHESON TRI -GAS INC 6,532.50 352138 04/12/2017 PEOPLE READY INC 16,146.20 352139 04/12/2017 ROBERT O RICHARDSON 111 40.00 352140 04/12/2017 PIT STOP CYCLE INC 474.00 352141 04/12/2017 RAUL E VIVANCO 240.00 352142 04/12/2017 COLE AUTO SUPPLY INC 1,424.05 352143 04/12/2017 DARREN WARMOUTH 60.00 352144 04/12/2017 MARISAALEXANDER 240.00 352145 04/12/2017 BARBARA B STEWART 140.00 352146 04/12/2017 CANON FINANCIAL SERVICES INC 209.00 352147 04/12/2017 COREY GRALEY 60.00 352148 04/12/2017 BROWARD PAPER & PACKAGING INC 2,424.97 352149 04/12/2017 FORERUNNER TECHNOLOGIES INC 255.00 352150 04/12/2017 PS VENTURES I LLC 11,845.48 352151 04/12/2017 HEATHER BOND 150.00 352152 04/12/2017, KIMBERLY RICCIARDONE 60.00 352153 04/12/2017 LARRY ELLIOT 125.00 352154 04/12/2017 BEN L BRYAN JR, ATTORNEY 1,375.00 352155 04/12/2017 ROBERT E LUCAS 51.87 352156 04/12/2017 ELIZABETH M JELLETT 80.66 352157 04/12/2017 HOSKINS, TURCO, LLOYD & LLOYD 373.60 352158 04/12/2017 REBECCA DEAN 30.00 352159 04/12/2017 FRANCES TRAVIS 70.60 352160 04/12/2017 BETTY B MANUSE 169.37 352161 04/12/2017 PETER M COLLARD 25.00 352162 04/12/2017 ROBERT BECTON 97.79 352163 04/12/2017 TERRELL W BALL 77.42 352164 04/12/2017 DOREEN J APPLETON 49.26 352165 04/12%2017 NORMAN ALBERTSON 99.09 352166 04/12/2017 THOMAS L NOLAN 423.19 352167 04/12/2017 WARREN M PAYNE 117.62 352168 04/12/2017 MARY PEARSON 78.55 352169 04/12/2017 ELLEN ROWE 95.32 352170 04/12/2017 MARIE M SOLOMON 77.47 352171 04/12/2017 FAUST C SPALLINA 578.00 352172 04/12/2017 PAUL E THOMPSON 10.00 352173 04/12/2017 BERNICE WHITAKER 86.45 352174 04/12/2017 AMOS H WHITE 44.05 352175 04/12/2017 CARMEN WILSON 73.08 352176 04/12/2017 KENNETH JOHNSON 150.00 352177 04/12/2017 EVT CERTIFICATION COMMISSION INC 130.00 352178 04/12/2017 JASON DERBY 69.80 352179 04/12/2017 UTIL REFUNDS 19.62 352180 04/12/2017 UTILREFUNDS 33.53 352181 04/12/2017 UTILREFUNDS 66.48 352182 04/12/2017 UTIL REFUNDS 100.00 352183 04/12/2017 UTIL REFUNDS 32.76 352184 04/12/2017 UTILREFUNDS 59.71 352185 04/12/2017 UTIL REFUNDS 59.87 352186 04/12/2017 UTILREFUNDS 158.69 352187 04/12/2017 UTILREFUNDS 132.62 352188 04/12/2017 UTILREFUNDS 8.76 352189 04/12/2017 UTIL REFUNDS 248.39 352190 04/12/2017 UTIL REFUNDS 75.16 352191 04/12/2017 UTILREFUNDS 230.97 352192 04/12/2017 UTIL REFUNDS 34.04 352193 04/12/2017 UTIL REFUNDS 1.00 352194 04/12/2017 UTILREFUNDS 71.21 352195 04/12/2017 UTIL REFUNDS 23.86 352196 04/12/2017 UTIL REFUNDS 90.16 4 - P46 TRANS NBR DATE VENDOR AMOUNT 352197 04112/2017 UTIL REFUNDS 11.37 352198 04112/2017 UTIL REFUNDS 53.39 352199 04/12/2017 UTIL REFUNDS 330.23 352200 04/12/2017 UTIL REFUNDS 12.92 352201 04/12/2017 UTIL REFUNDS 55.28 352202 04/12/2017 UTIL REFUNDS 80.69 352203 04/12/2017 UTIL REFUNDS 80.69 352204 04/12/2017 UTIL REFUNDS 33.80 352205 04/12/2017 UTIL REFUNDS 138.04 352206 04/12/2017 UTIL REFUNDS 63.81 352207 04/12/2017 UTIL REFUNDS 26.61 352208 04/12/2017 UTIL REFUNDS 160.59 352209 04112/2017 UTIL REFUNDS 12.71 352210 04/12/2017 UTIL REFUNDS 71.09 352211 04/12/2017 UTIL REFUNDS 36.49 352212 04/12/2017 UTIL REFUNDS 41.46 352213 04/12/2017 UTIL REFUNDS 36.83 352214 04/12/2017 UTIL REFUNDS 69.02 352215 04/12/2017 UTIL REFUNDS 44.70 352216 04/12/2017 UTIL REFUNDS 63.65 352217 04/12/2017 UTIL REFUNDS 233.09 352218 04/12/2017 UTIL REFUNDS 24.78 Grand Total: 795,991.32 P47 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1011114 04/07/2017 AT&T 4,401.55 1011115 04/07/2017 OFFICE DEPOT BSD CUSTOMER SVC 1,620.02 1011116 04/07/2017 WASTE MANAGEMENT INC 828.65 1011117 04/07/2017 COMCAST 348.37 1011118 04/07/2017 COPYCOINC 297.80 1011119 04/07/2017 COLD AIR DISTRIBUTORS WAREHOUSE 109.89 1011120 04/07/2017 INDIAN RIVER BATTERY 765.00 1011121 04/07/2017 APPLE INDUSTRIAL SUPPLY CO 141.38 1011122 04/07/2017 MEEKS PLUMBING INC 547.00 1011123 04/07/2017 ABCO GARAGE DOOR CO INC 484.00 1011124 04/07/2017 SOUTHERN COMPUTER WAREHOUSE 11,975.70 1011125 04/07/2017 PRIDE ENTERPRISES 3,783.00 1011126 04/07/2017 BARKER ELECTRIC, AIR CONDITIONING 178.00 1011127 04/07/2017 MIDWEST MOTOR SUPPLY CO 97.02 1011128 04/07/2017 RECHTIEN INTERNATIONAL TRUCKS 421.28 1011129 04/07/2017 L&L DISTRIBUTORS 2,625.54 1011130 04/10/2017 INDIAN RIVER OXYGEN INC 4,427.00 1011131 04/11/2017 EVERGLADES FARM EQUIPMENT CO INC 168.00 1011132 04/11/2017 HELENA CHEMICAL 925.01 1011133 04/1112017 AMERICAN CONCRETE INDUSTRIES INC 665.00 1011134 04/11/2017 DAVIDSON TITLES INC 986.58 1011135 04/11/2017 GALLS LLC 1,041.27 1011136 04/11/2017 COMPLETE RESTAURANT EQUIPMENT LLC 135.99 1011137 04/11/2017 ROGER CLEVELAND GOLF INC 62.02 1011138 04/11/2017 BARKER ELECTRIC, AIR CONDITIONING 85.00 1011139 04/11/2017 SOUTHERN JANITOR SUPPLY INC 1,989.36 1011140 04/11/2017 STAT MEDICAL DISPOSAL INC 265.00 1011141 04/11/2017 PACE ANALYTICAL SERVICES INC 108.00 1011142 04/12/2017 COLKITT SHEET METAL & A/C INC 247.00 1011143 04/12/2017 COLD AIR DISTRIBUTORS WAREHOUSE 46.48 1011144 04/12/2017 INDIAN RIVER BATTERY 189.00 1011145 04/12/2017 INDIAN RIVER OXYGEN INC 128.50 1011146 04/12/2017 DEMCOINC 2,421.55 1011147 04/12/2017 AMERICAN CONCRETE INDUSTRIES INC 1,330.00 1011148 04/12/2017 DAVIDSON TITLES INC 1,496.18 1011149 04/12/2017 DAVES SPORTING GOODS & TROPHIES 2,161.00 1011150 04/12/2017 APPLE INDUSTRIAL SUPPLY CO 406.31 1011151 04/12/2017 ALLIED UNIVERSAL CORP 15,432.09 1011152 04/12/2017 IRRIGATION CONSULTANTS UNLIMITED INC 171.01 1011153 04/12/2017 SOUTHERN COMPUTER WAREHOUSE 22.44 1011154 04/12/2017 SHRIEVE CHEMICAL CO 2,444.42 1011155 04/12/2017 RECHTIEN INTERNATIONAL TRUCKS, 114.95 1011156 04/12/2017 SOUTHERN JANITOR SUPPLY INC 1,599.47 1011157 04/12/2017 L&L DISTRIBUTORS 991.26 1011158 04/12/2017 HYDRA SERVICE (S) INC 93.72 1011159 04/12/2017 PACE ANALYTICAL SERVICES INC 3,461.00 1011160 04/12/2017 XYLEM WATER SOLUTION USA INC 2,710.50 1011161 04/12/2017 JDA SYSTEMS 990.00 1011162 04/12/2017 ALLIED DIVERSIFIED OF VERO BEACH LLC 45.00 1011163 04/12/2017 NEXAIR LLC 12.05 1011164 04/13/2017 AT&T 3,125.78 1011165 04/13/2017 OFFICE DEPOT BSD CUSTOMER SVC 497.37 1011166 04/13/2017 WASTE MANAGEMENT INC 1,484.65 1011167 04/13/2017 POLYDYNE INC 5,014.00 1011168 04/13/2017 COLKITT SHEET METAL & A/C INC 212.00 1011169 04/13/2017 HENRY SCHEIN INC 1,244.50 1011170 04/13/2017 DAVES SPORTING GOODS & TROPHIES 174.00 1011171 04/13/2017 MEEKS PLUMBING INC 10.45 P48 TRANS. NBR DATE VENDOR 1011172 04/13/2017 SOUTHERN COMPUTER WAREHOUSE 1011173 04/13/2017 FIRST HOSPITAL LABORATORIES INC 1011174 04/13/2017 COMO OIL COMPANY OF FLORIDA 1011175 04/13/2017 PERKINS INDIAN RIVER PHARMACY 1011176 04/13/2017 GLOBAL GOLF SALES INC 1011177 04/13/2017 SYNAGRO-\VWT INC 1011178 04/13/2017 HYDRA SERVICE (S) INC 1011179 04/13/2017 PACE ANALYTICAL SERVICES INC Grand Total: AMOUNT 1,982.21 1,419.00 15.00 73.67 73.67 48,226.25 16,613.00 5,490.00 161,651:91 49 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE' VENDOR AMOUNT 5047 04/07/2017 IRC CHAMBER OF COMMERCE 31,435.01 5048 04/07/2017 BENEFITS WORKSHOP 5,355.72 5049 04/07/2017 FL SDU 5,861.56 5050 04/07/2017 FLORIDA LEAGUE OF CITIES, INC 4,233.71 5051 04/07/2017 VETERANS COUNCIL OF I R C 6,075.63 5052 04/07/2017 NACO/SOUTHEAST 1,284.68 5053 04/07/2017 ICMA RETIREMENT CORPORATION 12,267.86 5054 04/07/2017 NACO/SOUTHEAST 24,571.28 5055 04/07/2017 IRC FIRE FIGHTERS ASSOC 7,080.00 5056 04/07/2017 1CMA RETIREMENT CORPORATION 2,680.00 5057 04/07/2017 CDM SMITH INC 16,419.95 5058 04/10/2017 IRS -PAYROLL TAXES 403,832.05 P -CARD 04/10/2017 WELLS FARGO BANK N.A. 33,477.33 5059 04/12/2017 IRC CHAMBER OF COMMERCE 9,048.08 5060 04/12/2017 IRC CI4AMBER OF COMMERCE 4,633.05 5061 04/12/2017 VEROTOWN LLC 46,917.60 5062 04/13/2417 INDIAN RIVER COUNTY PROPERTY APPRAISER 491,059.34 5063 04/13/2017 IRS -PAYROLL TAXES 17,416.89 5064 04/13/2017 VEROTOWN LLC 14,061.08 Grand Total: 1,137,710.82 P50 mus JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 2r Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: April 20, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS April 14, 2017 to April 20, 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 April 14, 2017 to April '20, 2017. Attachment: P51 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 352219 04/17/2017 TREASURE COAST MOTOR COACH INC 950.00 352220 04/20/2017 UTIL REFUNDS 69.02 352221 04/20/2017 UTIL REFUNDS 45.17 352222 04/20/2017 UTIL REFUNDS 44.60 352223 04/20/2017 UTIL REFUNDS 17.57 35.2224 04/20/2017 UTIL REFUNDS 10.22 352225 04/20/2017 UTIL REFUNDS 53.42 352226 04/20/2017 UTIL REFUNDS 18.19 352227 04/20/2017 UTIL REFUNDS 185.16 352228 04/20/2017 UTIL REFUNDS 69.64 352229 04/20/2017 UTLL REFUNDS 42.46 352230 04/20/2017 UTIL REFUNDS 70.44 352231 04/20/2017 UTIL REFUNDS 114.38 352232 04/20/2017 UTIL REFUNDS 54.30 352233 04/20/2017 UTIL REFUNDS 45.61 352234 04/20/2017 UTIL REFUNDS 34.38 352235 04/20/2017 UTIL REFUNDS 75.16 352236 04/20/2017 UTIL REFUNDS 11.53 352237 04/20/2017 UTIL REFUNDS 34.93 352238 04/20/2017 UTIL REFUNDS 66.64 352239 04/20/2017 UTIL REFUNDS 51.43 352240 04/20/2017 UTIL REFUNDS 18.72 352241 04/20/2017 UTIL REFUNDS 37.52 352242 04/20/2017 UTIL REFUNDS 12.01 352243 04/20/2017 UTIL REFUNDS 8.33 352244 04/20/2017 UTIL REFUNDS 59.63 352245 04/20/2017 UTIL REFUNDS 66.80 352246 04/20/2017 UTIL REFUNDS 49.52 352247 04/20/2017 UTIL REFUNDS 59.02 352248 04/20/2017 UTIL REFUNDS 14.92 352249 04/20/2017 UTIL REFUNDS 7.54 352250 04/20/2017 UTIL REFUNDS 5.55 352251 04/20/2017 UTIL. REFUNDS 35.48 352252 04/20/2017 UTIL REFUNDS 4.20 352253 04/20/2017 UTIL REFUNDS 86.53 352254 04/20/2017 UTIL REFUNDS 42.74 352255 04/20/20.17 UTIL REFUNDS 37.55 352256 04/20/2017 UTIL REFUNDS 34.38 352257 04/20/2017 UTIL REFUNDS 33.46 352258 04/20/2017 UTIL REFUNDS 75.49 352259 04/20/2017 UTIL REFUNDS 67.07 352260 04/20/2017 UTIL REFUNDS 40.13 352261 04/20/2017 UTIL REFUNDS 16.07 352262 04/20/2017 UTIL REFUNDS 155.12 352263 04/20/2017 UTIL REFUNDS 51.58 352264 04/20/2017 UTIL REFUNDS 80.86 352265 04/20/2017 UTIL REFUNDS 70.44 352266 04/20/2017 UTIL REFUNDS 116.82 352267 04/20/2017 UTIL REFUNDS 195.22 352268 04/20/2017 PORT CONSOLIDATED INC 763.79 352269 04/20/2017 JORDAN MOWER INC 714.00 352270 04/20/201.7 COMMUNICATIONS INTERNATIONAL 250.90 352271 04/20/2017 TEN -8 FIRE EQUIPMENT INC 934.27 352272 04/20/2017 RANGER CONSTRUCTION IND INC 408.00 352273 04/20/2017 VERO CHEMICAL DISTRIBUTORS INC 153.35 352274 04/20/2017 RICOH USA INC 1,228.50 352275 04/20/2017 CHISHOLM CORP OF VERO 49.99 352276 04/20/2017 KIMLEY HORN & ASSOC INC 3,429.37 52 TRANS NBR DATE VENDOR AMOUNT 352277 04/20/2017 VELDE FORD INC 312.82 352278 04/20/2017 SAFETY PRODUCTS INC 199.20 352279 04/20/2017 STEWART MATERIALS INC 322,33 352280 04/20/2017 AT&T WIRELESS 2,702.48 352281 04/20/2017 DATA FLOW SYSTEMS INC 1,365.14 352282 04/20/2017 SEWELL HARDWARE CO INC 160.33 352283 04/20/2017 PARALEE COMPANY INC 500.00 352284 04/20/2017 DELTA SUPPLY CO 188.04 352285 04/20/2017 E-Z BREW COFFEE & BOTTLE WATER SVC 40.46 352286 04/20/2017 KELLY TRACTOR CO 543.99 352287 04/20/2017 SAFETY KLEEN SYSTEMS INC 115.00 352288 04/20/2017 MCMASTER CARR SUPPLY CO 31.67 352289 04/20/2017 AMERIGAS EAGLE PROPANE LP 189.27 352290 04/20/2017 AMERIGAS EAGLE PROPANE LP 1,385.31 352291 04/20/2017 AMERIGAS EAGLE PROPANE LP 3,824.34 352292 04/20/2017 WILD LAND ENTERPRISES INC 238.48 352293 04/20/2017 PHYSIO CONTROL INC 1,993.20 352294 04/20/2017 ALLIED ELECTRONICS INC 295.24 352295 04/20/2017 HD SUPPLY WATERWORKS, LTD 16,031.41 352296 04/20/2017 SCHULKE BMLE & STODDARD LLC 4,388.66 352297 04/20/2017 VERO INDUSTRIAL SUPPLY INC 453.05 352298 04/20/2017 EXPRESS REEL GRINDING INC 4,490.00 352299 04/20/2017 TIRESOLES OF BROWARD INC 265.95 352300 04/20/2017 BARTH CONSTRUCTION INC 408,239.34 352301 04/20/2017 CARTER ASSOCIATES INC 14,135.00 352302 04/20/2017 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 3,700.00 352303 04/20/2017 DELL MARKETING LP 29,108.80 352304 04/20/2017 THE GOODYEAR TIRE & RUBBER COMPANY 250.02 352305 04/20/2017 BAKER & TAYLOR INC 1,655.49 352306 04/20/2017 MIDWEST TAPE LLC 365.74 352307 04/20/2017 HUDSON PUMP & EQUIPMENT 6,592.34 352308 04120/2017 MICROMARKETING LLC 310.36 352309 04/20/2017 BAKER DISTRIBUTING CO LLC 1,404.84 352310 04/20/2017 CENGAGE LEARNING INC 461.00 352311 04/20/2017 PALM TRUCK CENTERS INC 910.13 352312 04/20/2017 PENWORTHY COMPANY 994.53 352313 04/20/2017 SOFTWARE HARDWARE INTEGRATION 311.00 352314 04/20/2017 SUNSHINE REHABILATION CENTER OF IRC INC 15.00 352315 04/20/2017 ST FRANCIS MANOR OF VERO BEACH 167.00 352316 04/20/2017 CLERK OF CIRCUIT COURT 2,852.15 352317 04/20/2017 INDIAN RIVER COUNTY HEALTH DEPT 19,832.70 352318 04/20/2017 INDIAN RIVER COUNTY HEALTH DEPT 25.00 352319 04/20/2017 INDIAN RIVER COUNTY PROPERTY APPRAISER 99.03 352320 04/20/2017 CITY OF VERO BEACH 58,242.45 352321 04/20/2017 CHAPTER 13 TRUSTEE 201.08 352322 04/20/2017 UNITED WAY OF INDIAN RIVER COUNTY 593.00 352323 04/20/2017 UNITED PARCEL SERVICE INC 95.59 352324 04/20/2017 FERGUSON ENTERPRISES INC 20,441.60 352325 04/20/2017 FLORIDA DEPARTMENT OF BUSINESS AND 13,337.54 352326 04/20/2017 FLORIDA GOVERNMENT FINANCE 36.00 352327 04/20/2017 FLORIDA FISH & WILDLIFE 7,695.46 352328 04/20/2017 TREASURE COAST HOMELESS SERVICES 8,284.30 352329 04/20/2017 HUMANE SOCIETY 19,550.00 352330 04/20/2017 PUBLIX SUPERMARKETS 86.95 352331 04/20/2017 UNIVERSITY OF FLORIDA 550.00 352332 04/20/2017 ACUSHNET COMPANY 9,535.67 352333 04/20/2017 CULTURAL COUNCIL OF IRC 4,309.80 352334 04/20/2017 FLORIDA WATER & POLLUTION CONTROL 130.00 352335 04/20/2017 FLORIDA WATER & POLLUTION CONTROL 130.00 352336 04/20/2017 EXCHANGE CLUB CASTLE 4,565.71 P53 TRANS NBR DATE VENDOR AMOUNT 352337 04/20/2017 EXCHANGE CLUB CASTLE 2,186.77 352338 04/20%2017 ST JOHNS RIVER WATER MGMT DISTRICT 145.00 352339 04/20/2017 WEST PUBLISHING CORPORATION 534.85 352340 04/20/2017 FEDERAL EXPRESS CORP 27.29 352341 04/20/2017 FEDERAL EXPRESS CORP 67.96 352342 04/20/2017 FEDERAL EXPRESS CORP 111.59 352343 04/20/2017 FEDERAL EXPRESS CORP 153.38 352344 04/20/2017 MORGAN & EKLUND INC 4,130.00 352345 04/20/2017 CALLAWAY GOLF SALES COMPANY 77.03 352346 04/20/2017 FLORIDA POWER AND LIGHT 114,763.72 352347 04/20/2017 INDIAN RIVER COUNTY TAX COLLECTOR 58.59 352348 04/20/2017 GIFFORD YOUTH ACHIEVEMENT CENTER INC 7,410.00 352349 04/20/2017 PEACE RIVER ELECTRIC COOP INC .270.17 352350 04/20/2017 NEW HORIZONS OF THE TREASURE COAST 23,931.00 352351 04/20/2017 JASON E BROWN 1,081.14 352352 04/20/2017 SHERILEE D PARSELL 145.00 352353 04/20/2017 COLLEEN D'ANGELO 198.00 352354 04/20/2017 JEFFREY P DIGGS 2,160.00 352355 04/20/2017 IRC HEALTHY START COALITION INC 500.00 352356 04/20/2017 IRC HEALTHY START COALITION INC . 2,500.00 352357 04/20/2017 IRC HEALTHY START COALITION INC 1,000.00 352358 04/20/2017 IRC HEALTHY START COALITION INC 1,666.67 352359 04/20/2017 GERALD AYOUNG SR 90.00 352360 04/20/2017 KURT STEFFEN 30.00 352361 04/20/2017 ALAN C KAUFFMANN 160.00 352362 04/20/2017 FL ASSOC OF PUBLIC PURCHASING OFFICERS INC 175.00 352363 04/20/2017 JOHN BROWN & SONS INC 2,400.00 352364 04/20/2017 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 440.00 352365 04/20/2017 CHILDRENS HOME SOCIETY OF FL 2,250.00 352366 04/20/2017 HAMPTON INN 457.05 352367 04/20/2017 INTERNATIONAL CODE COUNCIL INC 179.00 352368 04/20/2017 SEBASTIAN LIONS CLUB CHARITY FOUNDATION 2,500.00 352369 04/20/2017 PINNACLE GROVE LTD 955.00 352370 04/20/2017 HOMETOWN NEWS 600.00 352371 04/20/2017 PELICAN ISLAND AUDUBON SOCIETY INC 2,630.00 352372 04/20/2017 PERKINS COMPOUNDING PHARMACY 42.31 352373 04/20/2017 RUSSELL PAYNE INC 325.92 352374 04/20/2017 TRANE US INC 6,344.02 352375 04/20/2017 CELICO PARTNERSHIP 235.14 352376 04/20/2017 CELICO PARTNERSHIP 252.49 352377 04/20/2017 ANIXTER INC 340.00 352378 04/20/2017 FLORIDA DEPT OF JUVENILE JUSTICE 26,398.56 352379 04/20/2017 VAN WAL INC 25.00 352380 04/20/2017 JOSEPH W VASQUEZ 100.00 352381 04/20/2017 BIG BROTHERS AND BIG SISTERS 1,875.00 352382 04/20/2017 BIG BROTHERS AND BIG SISTERS 4,848.57 352383 04/20/2017 M T CAUSLEY INC 16,292.50 352384 04/20/2017 MBV ENGINEERING INC 11,000.00 352385 04/20/2017 3-D FENCING LLC 2,575.00 352386 04/20/2017 MASTELLER & MOLER INC 155.00 352387 04/20/2017 STAPLES CONTRACT & COMMERCIAL INC 4,361.52 352388 04/20/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 262.90 352389 04/20/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 266.47 352390 04/20/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 148.68 352391 04/20/2017 COMMUNICATIONS BROKERS & CONSULTANTS INC 2.45 352392 04/20/2017 JOHNNY B SMITH 40.00 352393 04/20/2017 MUNICIPAL WATER WORKS INC 58,232.90 352394 04/20/2017 GATES HOUSE ENTERPRISES LLC 164.95 352395 04/20/2017 THOR GUARD INC 971.79 352396 04/20/2017 INDIAN RIVER RDA LP 484.00 54 TRANS NBR DATE VENDOR AMOUNT 352397 04/20/2017 COAST TO COAST LANDSCAPING INC 8,270.00 352398 04/20/2017 MICHAEL KORPAR 60.00 352399 04/20/2017 LAZY J LLC 231.00 352400 04/20/2017 CUMMINS POWER SOUTH LLC 22,124.56 352401 04/20/2017 WILLIAM RICE 312.42 352402 04/20/2017 DANA SAFETY SUPPLY INC 406.20 352403 04/20/2017 TREASURE COAST SPRINKLERS INC 1,030.00 352404 04/20/2017 VERO BEACH BROADCASTERS LLC 300.00 352405 04/20/2017 YOUTH GUIDANCE DONATION FUND 1,250.00 352406 04/20/2017 MARRERO TEAM.COM REAL ESTATE LLC 18.14 352407 04/20/20I7 POWERLINE GOLF INC 400.00 352408 04/20/2017 HELPING ANIMALS LIVE -OVERCOME 17.00 352409 04/20/2017 BRANDIT CORPORATION 1,935.22 352410 04/20/2017 ATLANTIC COASTAL LAND TITLE CO LLC 75.00 352411 04/20/2017 ECMC 254.59 352412 04/20/2017 THOMPSONS REMODELING & HOME REPAIR INC 1,575.00 352413 04/20/2017 OVERDRIVE INC 2,453.62 352414 04/20/2017 NATIONAL CINEMEDIA LLC - 325.00 352415 04/20/2017 REBMANN GROUP LLC 17,985.00 352416 04/20/2017 LOWES HOME CENTERS INC 832.97 352417 04/20/2017 CARDINAL HEALTH l 10 INC 3,450.96 352418 04/20/2017 ALEX MIKLO 60.00 352419 04/20/2017 TREASURE COAST TURF INC 75.00 352420 04/20/2017 CARMEN LEWIS 248.00 352421 04/20/2017 STRAIGHT OAK LLC 94.68 352422 04/20/2017 CALDWELL PACETTI EDWARDS 6,231.50 352423 04/20/2017 KANSAS STATE BANK OF MANHATTAN 138.40 352424 04/20/2017 COURSE TRENDS INC 300.00 352425 04/20/2017 KATE P COTNER 1,036.04 352426 04/20/2017 SAMBA HOLDINGS INC 1,688.97 352427 04/20/2017 WADE WILSON 100.00 352428 04/20/2017 SUMMIT CONSTRUCTION OF VERO BEACH LLC 3,900.97 352429 04/20/2017 SUSAN ADAMS 430.20 352430 04/20/2017 FAMILY SUPPORT REGISTRY 156.45 352431 04/20/2017 PIERCE GOODWIN ALEXANDER & LINVILLE INC 15,745.00 352432 04/20/2017 NAPIER & ROLLIN PLLC 825.00 352433 04/20/2017 FOUNDATION FOR AFFORDABLE RENTAL 630.00 352434 04/20/2017 COBRA GOLF INCORPORATED 278.02 352435 04/20/2017 HAWKINS INC 1,341.25 352436 04/20/2017 ENCORE ONE LLC 1,966.18 352437 04/20/2017 ADAM HELTEMES 98.75 352438 04/20/2017 TRIAD RAILROAD CONSULTING LLC 6,760.69 352439 04/20/2017 SCRIPPS NP OPERATING LLC 963.47 352440 04/20/2017 JOSEPH DIZONNO 60.00 352441 04/20/2017 RED THE UNIFORM TAILOR 2,557.19 352442 04/20/2017 CATHEDRAL CORPORATION 16,500.00 352443 04/20/2017 GERELCO TRAFFIC CONTROLS INC 22,668.50 352444 04/20/2017 UNIFIRST CORPORATION 1,589.27 352445 04/20/2017 CAPAK LLC 90.00 352446 04/20/2017 SITEONE LANDSCAPE SUPPLY LLC 205.50 352447 04/20/2017 HYDROMAX USA LLC 18,142.00 352448 04/20/2017 ADVANCE STORES COMPANY INCORPORATED 1,035.70 352449 04/20/2017 RUSSELL L OWEN III 40.00 352450 04/20/2017 TRIPLE L IRRIGATION INC 16,593.00 352451 04/20/2017 EDWARD ILLIDGE 40.00 352452 04/20/2017 SILVIO MARTINEZ 12.00 352453 04/20/2017 JONATHAN DALESSIO 16.00 352454 04/20/2017 MATHESON TRI -GAS INC 7,825.35 352455 04/20/2017 PEOPLE READY INC 1,456.80 352456 04/20/2017 EMILY GOUGE 100.00 -------P55 TRANS NBR DATE VENDOR AMOUNT 352457 04/20/2017 SB SHEDS LLC 12,888.00 352458 04/20/2017 RAUL E VIVANCO 432.00 352459 04/20/2017 WILLIS SPORTS ASSOCIATION LLC 681.88 352460 04/20/2017 STRIVING 4 SUCCESS 2,771.66 352461 04/20/2017 MCCI LLC 8,875.07 352462 04/20/2017 COLE AUTO SUPPLY INC 2,473.79 352463 04/20/2017 VOOTU INC 121.55 352464 04/20/2017 DARREN WARMOUTH 60.00 352465 04/20/2017 INTERNATIONAL VALVE CORPORATION 18.79 352466 04/20/2017 COREY GRALEY 60.00 352467 04/20/2017 JOYCE BODANZA 552.00 352468 04/20/2017 TARGET SOLUTIONS LEARNING LLC 28,440.00 352469 04/20/2017 DOROTHY KACHTIK 15.43 352470 04/20/2017 MILDRED B HENDRICK 171.06 352471 04/20/2017 TAMMY CIMAGLIA 38.48 352472 04/20/2017 VASHONTE KING 53.50 352473 04/20/2017 VERO BEACH GOLDEN GRADS 250.00 352474 04/20/2017 TIMOTHY O'CONNELL 119.00 352475 04/20/2017 UTIL REFUNDS 83.09 352476 04/20/2017 UTIL REFUNDS 57.45 352477 04/20/2017 UTIL REFUNDS 11.97 352478 04/20/2017 UTIL REFUNDS 42.70 352479 04/20/2017 UTIL REFUNDS 19.07 352480 04/20/2017 UTIL REFUNDS 68.22 352481 04/20/2017 UTIL REFUNDS 8.64 352482 04/20/2017 UTIL REFUNDS 231.30 352483 04/20/2017 UTIL REFUNDS 114.76 352484 04/20/2017 UTIL REFUNDS 19.65 352485 04/20/2017 UTIL REFUNDS 3.05 352486 04/20/2017 UTIL REFUNDS 9.02 352487 04/20/2017 UTIL REFUNDS 90.36 352488 04/20/2017 UTIL REFUNDS 5.26 352489 04/20/2017 UTIL REFUNDS 7.44 352490 04/20/2017 UTIL REFUNDS 4.15 352491 04/20/2017 UTIL REFUNDS 41.36 352492 04/20/2017 UTIL REFUNDS 69.80 352493 04/20/2017 UTIs, REFUNDS 79.99 352494 04/20/2017 UTIL REFUNDS 322.31 352495 04/20/2017 UTIL REFUNDS 87.80 352496 04/20/2017 UTIL REFUNDS 35.88 352497 04/20/2017 UTIL REFUNDS 16.94 352498 04/2012017 UTIL REFUNDS 75.72 352499 04/20/2017 UTIL REFUNDS 81.15 352500 04/20/2017 UTIL REFUNDS 14.98 352501 04/20/2017 UTIL REFUNDS 72.63 352502 04/20/2017 UTIL REFUNDS 1.39 352503 04/20/2017 UTIL REFUNDS 12.97 352504 04/20/2017 UTIL REFUNDS 85.63 352505 04/20/2017 UTIL REFUNDS 75.78 352506 04/20/2017 UTIL REFUNDS 73.74 352507 04/20/2017 UTIL REFUNDS 36.03 352508 04/20/2017 UTIL REFUNDS 62.73 352509 04/20/2017 UTIL REFUNDS 86.22 352510 04/20/2017 UTIL REFUNDS 69.96 352511 04/20/2017 UTIL REFUNDS 40.54 352512 04/20/2017 UTIL REFUNDS 73.12 352513 04/20/2017 UTIL REFUNDS 38.34 352514 04/20/2017 UTIL REFUNDS 23.43 352515 04/20/2017 UTIL REFUNDS 105.49 352516 04/20/2017 UTIL REFUNDS 60.48 P56 TRANS NBR 352517 352518 Grand Total: DATE 04/20/2017 04/20/2017 VENDOR UTIL REFUNDS UT1L REFUNDS AMOUNT 1.50 73.76 1,258,384.06 Gi P57 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1011180 04/18/2017 EVERGLADES FARM EQUIPMENT CO INC 19.28 1011181 04/18/2017 COPYCOINC 54.90 1011182 04/18/2017 DAVIDSON TITLES INC 607.49 1011183 04/18/2017 WATER SAFETY PRODUCTS INC 1,045.52 1011184 04/18/2017 THYSSENKRUPP ELEVATOR 9,816.00 1011185 04/18/2017 COMO OIL COMPANY OF FLORIDA 189.55 1011186 04/18/2017 GLOBAL GOLF SALES INC 143.47 1011187 04/18/2017 COMPLETE ELECTRIC INC 11,090.00 1011188 04/18/2017 SYNAGRO-WWT INC 40,242.88 1011189 04/18/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 83.07 1011190 04/18/2017 WRIGHT FASTENER COMPANY LLC 196.75 1011191 04/18/2017 NEXAIR LLC 1,123.96 1011192 04/20/2017 T -MOBILE USA INC 344.25 1011193 04/20/2017 EVERGLADES FARM EQUIPMENT CO INC 185.82 1011194 04/20/2017 PARKS RENTAL & SALES INC 132.00 1011195 04/20/2017 COPYCOINC 300.00 1011196 04/20/2017 COLD AIR DISTRIBUTORS WAREHOUSE 1,141.73 1011197 04/20/2017 INDIAN RIVER BATTERY 270.45 1011198 04/20/2017 INDIAN RIVER OXYGEN INC 84.95 1011199 04/20/2017 RING POWER CORPORATION 695.76 1011200 04/20/2017 MIKES GARAGE & WRECKER SERVICE INC 55.00 1011201 04/20/2017 APPLE INDUSTRIAL SUPPLY CO 325.41 1011202 04/20/2017 ALLIED UNIVERSAL CORP 7,677.03 1011203 04/20/2017 IRRIGATION CONSULTANTS UNLIMITED INC 2.31 1011204 04/20/2017 THE EXPEDITER 514.24 1011205 04/20/2017 HILL MANUFACTURING CO INC 345.95 1011206 04/20/2017 DEERE & COMPANY 364.32 1011207 04/20/2017 TOTAL TRUCK PARTS INC 431.02 1011208 04/20/2017 COMO OIL COMPANY OF FLORIDA 199.65 1011209 04/20/2017 SHRIEVE CHEMICAL CO 4,824.02 1011210 04/20/2017 RECHTIEN INTERNATIONAL TRUCKS 253.42 1011211 04/20/2017 BENNETT AUTO SUPPLY INC 192.49 1011212 04/20/2017 AUTO PARTNERS LLC 788.01 1011213 04/20/2017 L&L DISTRIBUTORS 336.78 1011214 04/20/2017 HYDRA SERVICE (S) INC 6,917.67 1011215 04/20/2017 HORIZON DISTRIBUTORS INC 229.70 Grand Total: 91,224.85 — —P58 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller 180127' Street Vero Beach, FL 32960 Telephone: (772) 226-1205 TO: The Honorable Members of the Board of County Commissioners THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller "Zo FROM: Elissa Nagy, Assistant Finance Director DATE: April 18, 2017 SUBJECT: Approval of Landfill Escrow Agreement The County maintains a separate account for the accumulation of funds related to landfill closure and long-term care. That account is separately audited and a report is submitted to the Department of Environmental Protection (DEP) annually to show the County has met the requirements of Florida Administrative Code Rule 62-701.630. Balances in this account are maintained as per the amount calculated by CDM Smith on the annual financial assurance report. In addition, subsection (5)(c) of Rule 62-701.630 requires the County to have an escrow agreement in place for the deposits and disbursements related to landfill closure and long term care. The County has met that requirement through an escrow agreement from 1992. The Finance Department has since updated the agreement based on current DEP requirements and it now requires approval by the Board of County Commissioners. . Recommendation We respectfully request the Board of County Commissioners to authorize the Chairman to sign the new escrow agreement. P59 CLOSING AND LONG-TERM CARE ESCROW AGREEMENT For INDIAN RIVER COUNTY SOLID WASTE FACILITIES The Indian River County Clerk of Circuit Court Finance Department has established an interest-bearing landfill management escrow account in an institution(s) according to Rule 62-701.630(5), Florida Administrative Code, (F.A.C.). The beneficiaries of this account are (1) Indian River County Board of County Commissioners and (2) Secretary, Florida Department of Environmental Protection. The trustee of this account shall be the Indian River County Clerk of Circuit Court. This account is an accumulative escrow account maintained for the sole purpose of landfill closing and long-term care of the county's solid waste facilities according to Rule 62-701.630(5),_ F.A.C. The total amount of money kept on deposit shall be determined by a Registered Professional Engineer with the State of Florida and approved by the Department of Environmental Protection. Funds in this account will not be used for any purposes other than landfill closing and long-term care. Disbursements from this escrow account shall be made by the Finance Department upon authorization of the Indian River County Director of Utilities or his designee. I have read this statement and agree to its contents. Date: Joseph E. Flescher, Chairman Indian River County Board of County Commissioners Date: Jeffrey R. Smith, CPA, CGFO Indian River County Clerk of the Circuit Court and Comptroller Date: Vincent Burke Director of Utilities P60 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27'' Street Vero Beach, FL 32960 Telephone: (712) 226-1945 TO: Board of County Commissioners FROM: Diane Bernardo, Finance Director THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: April 21, 2017 SUBJECT: Dori Slosberg Driver Education Safety Act Indian River County Traffic Education Program Trust Fund Report Cumulative Reporting Through 03/31/17 BACKGROUND On August 20, 2002, the Board of County Commissioners adopted Ordinance Number 2002-026 creating the Indian River County Trak Education Program Trust Fund (our fund 137). This ordinance authorized a $3 traffic ticket surcharge, which is collected by the Clerk of the Circuit Court. On September 19, 2006, the Board adopted Ordinance 2006-035 to repeal this fine. Subsequently on February 17, 2015, the Board elected to reinstate and increase the driver education fee to $5 under Ordinance Number 2015-003. The new fee is effective March 1, 2015 and is charged on each civil traffic penalty assessed in the County. As noted in the ordinance, these funds shall be used "to fund driver education programs in public and nonpublic schools". Attached to this memo is a report of the revenues and expenditures from the inception of the initial $3 fee (October 1, 2002) and includes the new $5 fee commencing in March 2015. The Board currently carries a balance of $60,623. The Clerk's office will continue to provide a quarterly report of the traffic education trust activity. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached report. — — --- P61 REVENUES Fines and forfeitures Interest Total Revenues EXPENDITURES Public Safety Total Expenditures Net ohangeInfund balances Fund balances at b"Inninq of year Fund balances at end of year 0) N Indian River County, Florida Statement of Revenues. ExpendRures and Changes In Fund Balances Tragic Education Program FY 03 101002002- 9/3012003 FY 04 101112003- 9/3012004 FY 05 1010112004. 913012005 FY 06 10/01/2005. 9/3012006 FY 07 1010172006- 9130/2007 FY 08 101011200- 9/3012008 FY 09, 1010112008- 9/3012009 FY 10 1010112009- 9/3012010 FYI 10!01!2010- 8/30/2011 FY72 1010112011= 9/3012012 FY13 1010112012- 913012013 FY14 /011/2013- 9/302014 FYI 10/0112014- 9!3012015 YTD FYI 10101/2015- 9/3012016 YTD FY17 1010112016- 313112017 Ineoption to Date Totals S 42,563 222 S 42,225 686 S 41,794 2,130 $ 48,372 5,797 S 9,537 8,426 $ 1,575 4,999 S 744 2,989 S 525 753 S 384 240 $ 213 104 $ 36 70 S 1S 28 $ 31,987 59 S 64,510 264 $ • 28,421 65 42,785 42,911 43,924 54,169 17,963 6,574 3J33 1,278 624 317 106 43 32,046 64,774 28,486 339,7W 25.188 44.373 1 36.210 29.962 35.317 1 7.565 8.900 1 12.460 6.675 6.230 1 60,000 6,230 25.188 44.373 36.210 29,962 35.317 7,565. 8.900 12.460 6,675 6,230 60,000 6,230 279,110 42,785 42,911 42,785 43,924 85,696 28,981 129,620 (26,410) 158,601 (29,636) 132,191 (26,229) 102,555 (34,039) 76,326 (6,941) 42,287 (8,583) 35,346 (12,354) 26,763 (6,632) 14,409 25,816 7,777 4,774 33,593 22,256 38L67 42,785 85,696 129,626 158,601 132,191 102,555 76,326 42,287 35,346 26,763 14,409 7,777 33,593 38,367 60,623 80623 School District of Indian River County S 161,185 St, Edwards School S 117.925 Total Disbursed to Date $ 279,110 Office of the INDIAN RIVER COUNTY Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator ADMINISTRATOR MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: April 20, 2017 SUBJECT: Travel Authorization for Service on Constitution Revision Commission At the Board of County Commission meeting of February 21, 2017, the Board discussed the appointment of Commissioner Bob Solari to the Florida Constitution Revision Commission (CRC) by Senate President Joe Negron. By consensus, the Board supported reimbursement of out of county travel expenses as necessary for Commissioner Solari's service on this important commission. Recently, we received information indicating that certain travel expenses for CRC -related travel will be reimbursed by the State. Therefore, most CRC -related travel expenses would be reimbursed by the State and will not result in a County expense. However, several restrictions are placed on these reimbursements which may result in some items not being fully reimbursed by the State. Staff anticipates these expenses to be minimal. In these instances, Staff recommends that the County provide reimbursement for these items in accordance with Section 112.061, Florida Statutes. Attachments: Travel Facts Travel Navigator — Office of the Governor P63 EOG - TRAVEL FACTS All State ofFlorida travel isbobethe most economical option and must bebyausually traveled route. |nthe event person travels byanindirect routefor shall beborne by the traveler and reimbursement for expenses shall be based only on such time and charges as would have usually been incurred by the traveler. Please contact the Administration Office (850-717-9210) for questions/concerns about travel reimbursements. RENTAL CAR Enterprise / National (State Contract Nmmmber# 78111808-15-1) Contract |O#FLOOO 1 Phone Number: 1-877-8gD- 064 Website: Toprint Enterprise Rental receipts: To printEnterprise / National Toll Receipts: - please utilize the State Required Class rental COMPACT ($25.55/daily rate) when making reservations - If a COMPACT class car is not available, please ensure the COMPACT car rate ($25.55) is honored - Should a larger vehicle be needed to conduct state business please provide sufficient justification. If justification for a larger rental car is not sufficient you vvill only be reimbursed at the COMPACT.rate ($25.55/doi|y). - The state cannot reimburse for rental car or fuel usage during personal or non -state related business. - All insurance coverage is provided by the contract vendor. Payment of the daily collision damage waiver or loss waiver fee is not authorized. Report any accident to the nanto| car company. TOLLS - Tolls are to be paid using cash and reimbursed against the corresponding travel reimbursement. ' Electronic Tolls "ETOLLS" should only be utilized if the PLAZA is "ETOLU only. FUEL Fuel will bareimbursed aofollows: ' Rental Car: Reimbursed based upon actual gas neceiptsprovided-actandard mileage/gas calculation will be used to compare. If gas receipts exceed the calculation excessively then the mileage/gas calculation cost will be reimbursed. - Personal Car: If the traveler selects to use a privately -owned vehicle due to personal preference, and it is not the most economical means of transportation, then the employee may be paid for the equivalent of fuel costs for U)atrip.Rein)'unsedbaoedonaebandandmi|aoge/8oaoa|ou|ation.gannaoeiptmvvi||be accepted but are not required. MILEAGE - Trave|edo)will bepaid only for the most economical travel option. Generally, itiomost economical toutilize o state contract rental vehicle when driving inexcess of1OOmiles. |fthe trip inless than 1DOmiles orthemost economical option, mileage iopaid ata rate of$.445per mile based onFlorida Department ofTransportation map mileage. . AIRFARE ' Traveler(s) will be paid only for the most economical travel option; therefore, use of commercial air travel is to be justified and pne-oppnnxad. Please provide all receipts and boarding passes for reimbursement. LODGING When reserving ahotel please remember: ' Nightly rates are not hoexceed $15O.00before taxes and charges. Please provide final paid invoice for reimbursement. - Personal hotel charges including: room aan/ica. parking (unless mandatory by hotm|), etc. are not reimbursable. ' If any state business related expenses (faxing, copies, internet usage, etc.) are incurred, please provide detailed receipts and reason for charge. - Please double check invoice / receipt to ensure rooms were charged correctly and to the correct card. No personal charges are to be on your invoice / receipt and the room is to be in the traveler's name. MEALS K8mm|s allowances are only paid if the trip departure and return times exceed a 24-hour period or for overnight travel. |fmeals were provided sdthe event attended or included with a registration or participant fee, please document and decline that meal allowance onthe travel reimbursement form. Meals are reimbursed based onthe following: - Breakfast $6: Departure begins BEFORE 8:ODAK8and extends BEYC)ND8:ODAK8 - Lunch $11:Departure begins BEFORE 12:OOPyWand extends BEYOND 2:OOPK8 - Dinner $19: Departure begins BEFORE 6:OOPM and extends BEYOND 8:OOPM PRIVATE VEHICLE Map Mileage- Travel in personal vehicle will be reimbursed at $0.4450 per mile based on the Florida Department of Transportation Official Map Mileage chart. All mileage shall be shown from point of origin to point of destination. Vicinity Mileage- Travel that is necessary to conduct official state business in addition to the official map mileage to a destination. Vicinity mileage in excess of 25 miles per day must be justified. MANDATORY USE OF SEAT BELTS AND SAFE OPERATING OF VEHICLES (RENTAL, STATE OR PERSONAL) WHILE OPERATING DURING STATE BUSINESS IS REQUIRED. REGISTRATION FEES Travel Authorization Request (TAR) form DFS - AA -13, must be completed and authorized to attend a conference or convention. A completed TAR, registration form and agenda is required for advance payments. The traveler must attach origi- nal paid receipt, TAR, and agenda to the travel reimbursement voucher for reimbursement of registration fees. MEALS included in registration fees cannot be claimed for reimbursement. This applies whether claiming per diem, actual or Class C meals. INCIDENTAL BUSINESS EXPENSE Taxi Fares (receipt required if over $25 per trip) Tips to Taxi Drivers (reasonable, not greater than 15% of the fare per trip) Tolls, storage or parking fees (receipts required in excess of $25) rn • Communication expense (i.e. telephone /_fax / telegraph / internet access: receipts required). Must state on travel voucher "State Business" • Tips for mandatory valet parking (not more than $1 per occasion) • Portage charges (not more than $1 per bag, up to $5 per occasion) • Registration fees (receipts required) • Airfare (contract carrier unless justified, when applicable) • Rental vehicles (contract carrier unless justified) NON-REFUNDABLE TRAVEL EXPENSE * Personal organizational membership dues * Expense for the sole purpose of taking a Career Service or other job placement or professional exam. * Acceptance of personal award which is funded from non -state funds. * Partisan / political / social travel * Nongovernmental business * Travel accommodations club membership dues TRAVEL REIMBURSEMENT Travelers must file ALL travel expenses on the State of Florida Voucher for Reimbursement of Traveling Expenses Form DFS -AA -l5. Complete the Voucher Reimbursement of Traveling Expenses form and submit all required receipts. Travelers are to file documentation with Administrative Services within five (5) working days after the end of the travel peri- od. If using a State of Florida purchasing card ("P - Card"), time periods for submitting documentation may be shorter due to State regulations. Please refer to your purchasing card guidelines for additional information regarding use. Updated November 19, 2015 The Travel Navigator ExeCudye OMce of the Governor State of Florida CLASS A TRAVEL (PER DIEM) Continuous travel of 24 hours or more away from official headquarters; $20.00 per quarter of a day or $80.00 per day (currently dis- allowed); or reasonable single hotel lodging plus meal allowance. CLASS B TRAVEL (PER DIEM) Continuous travel of less than 24 hours requiring overnight absence from official headquarters; $20.00 per quarter of a day based on 6 hour cycles starting at midnight (currently disal- lowed); or reasonable single rate hotel lodging plus meal allowance. PER DIEM'/ ACTUAL ,2 '\ EXPENSES midnight �\ Travelers may 6 • , 6 elect to receive Per Diem PM : On or Actual Expenses of At Class A or Class B trav- R noon el. * Per Diem - $80.00 or $20.00 per quarter of a day. Reimbursement will be made on a calendar day basis (midnight to midnight). * Actual Expenses - Reasonable single rate hotel lodging plus meal allowance. Original hotel receipts are required. MEAL ALLOWANCES: Breakfast: 56.00 travel begins before 6 a. in. and extends beyond 8 a.m. Lunch: SIL 00 travel begins before .12 noon and extends beyond 2 p.m. Dinner: $19.00 travel begins before 6 p.m. and extends beyond 8 p. in. CLASS C TRAVEL (MEALS ONLY) Suspended. Reference 112.061(15), Florida Statutes ALL STATE TRAVEL MUST BE IN COMPLIANCE WITH CHAPTER 112.061, FLORIDA STATUTES, AND CHAPTER 69I42, FLORIDA ADMINISTRATIVE CODE. AIRLINE TICKETS Coach seating must be utilized. Travelers may �f purchase tickets from com- mercial airlines or travel agents. Airline passenger flight itinerary and / or boarding pass must be attached to the travel reimbursement voucher form for reimbursement. The EOG does not currently have a contract carrier. Use of non -contract carrier requires justification (when applicable): * no contract flight is available * no seat is available * use is cost effective (considering salary andlor additional travel cost) All travel accommodations club membership dues paid by a state employee are not reimbursable by the State of Florida. ALL TRAVEL MUST BE BY THE MOST ECONOMICAL FORM OF TRANSPORTATION. Certain expenditures, such as hotel room nights, may be tax exempt. Contact Administration for a copy of the state tax exemption certificate. Sales tax exemptions are available only for those items paid by the EOG directly to the vendor or hotel. RENTAL VEHICLES Refer to the existing State Contract (78111808-15-1) with Enterprise Rent-A-Car or Na- tional Car Rental (EAN Services, LLC) for rental rates. Reservations are made by calling (1-877-690- 0064) or using the Enterprise/National rental reser- vation portal: https:Hpartner.rentaicar.com/ StateofFlorida. Class C (compact) vehicles are to be rented. Any other class vehicles may be used only with proper justification. Rental car is paid by the traveler and sub- mitted for reimbursement. An account number to directly bill rental cost to the 0 EOG is available upon request. Primary insurance cov- erage is included in the State Contract for bodily and property damage. Vehicle classes not in- cluded in the Enterprise/National contract are not covered by insurance. NON-REFUNDABLE INSURANCE: * Personal Accident Insurance (PAI) * Collision Damage Waiver (CDW) * Loss Damage Waiver (LDW) Gasoline purchase for rental cars. Rental cars should be returned with the same amount of gas as when rented. Employees should attach original gas receipts to travel voucher for reimbursement. The state does not prohibit the use of rental vehicles that have lower net rates. A statement must be recorded on the travel voucher stating "vehicle with lower net rate rented" or "vehicle not available from the contractor. " Enterprise.and National Rental Roadside Assistance Phone Number: 1-800-307-6666 If you are involved in an accident while in an Enter- prise/National rental, contact the local police depart- ment and Enterprise/National A copy of the police report and an accident/incident report (located in the rental packet received upon receipt of the vehicle) must be provided to the rental location. 0)— rn INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: April 20, 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: Agreement to Warranty and Guaranty Utility Improvements Under FEC Railway Property BACKGROUND Lost Tree Preserve, LLC, (Developer), is contemplating the development of a single family residential subdivision at the southwest corner of Old Dixie Highway and 69th Street. As part of the proposed development, the Developer is proposing to tie into the existing water main on Old Dixie Highway and extend it north and west along 69th Street. The Developer is also connecting to the existing force main on Old Dixie Highway and 69th Street and extending a proposed force main west on 69th Street to serve the Lost Tree Preserve planned development. In order to extend the water main and the force main west along 69th Street, the Developer needs to cross Florida East Coast Railway (FEC) property with a subgrade crossing. ANALYSIS The Developer has submitted design plans to FEC and obtained the necessary permits. The Developer has been granted a permit to construct the off-site improvements on FEC property under the Blanket License Agreement between Indian River County and Florida East Coast Railway, LLC, dated September 26, 1996. Therefore, the county now requires the Developer to enter into a Contract for Construction of Utility Improvements on Florida East Coast Railway, LLC, property and Agreement to Warranty and Guaranty Utility Improvements at Completion and to provide a Bill of Sale with the county to satisfy all conditions and requirements stated in the Blanket License Agreement. FUNDING: No county funds are required forthis task. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Contract for Construction of Utility Improvements on Florida East Coast Railway, LLC, Property and Agreement to Warranty and Guaranty Utility Improvements at Completion and to Provide a Bill of Sale, and authorize the Chairman to execute the same, as presented. LIST OF ATTACHMENTS: 1. Contract for Construction of Utility Improvements on Florida East Coast Railway, LLC property and Agreement to Warranty and Guaranty Utility Improvements at Completion and to Provide a Bill of Sale. C:\Users\GRAN IC"1\AppData\Local\Temp\BCL Tech nologies\easyPDF 7\@BCL@280565CF\@BCL@280565CF.docx P67 Project: Lost Tree Preserve 89th StJ Old Dixie Hwy Subgrade water and force main crossings utilities improvements CONTRACT FOR CONSTRUCTION OF UTILITY IMPROVEMENTS ON FLORIDA EAST COAST RAILWAY, LLC PROPERTY AND AGREEMENT TO WARRANTY AND GUARANTY UTILITY IMPROVEMENTS AT COMPLETION AND TO PROVIDE A BILL OF SALE (RE: 69t" StJ Old Dixie Hwy Subgrade water and forced main crossings) THIS CONTRACT, made and entered into this k i day of , 2017 (the "Effective Date") . by and between Lost Tree Preserve, LLC, a Florida limited liability company, having a mailing address of 3399 PGA Boulevard, Suite 260, Palm Beach Gardens, 1=L 3341.0. -hereinafter referred to as "132veioper," grid -INDIAN RIVER COUNTY, a polificat subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as''County" WITNESSETH: WHEREAS, the undersigned Developer desires to construct certain off-site improvements, consisting of a- subgrade water and. forced- main. (the- "improvements"). within. the Florida East Coast Railway, LLC -property located at 69th Street and .Old Dixie Highway (the "Crossing"}; and, WHEREAS, plans for such Improvements have` already been` approved' by tile Florida East Coast Railway, LLC; and WHEREAS, in order for. the County to modify the Blanket License Agreement between 11ndian River Counfy and Florida Rasf Coast Railway, LLC, dated September 26, 4996, to include the Improvements the County will require Developer to post acceptable security in either the form of cash or a letter of credit from a lending institution acceptable to the County, in the amount of 115 °lo of the estimated costs of the proposed Improvements,. submitted under seal by an engineer registered in the State of Florida to practice professional engineering, and approved by County,. to guaranty installation and completion of the Improvements to the satisfaction of County; and WHEREAS, said Improvements are to be completed within twelve (12) months of the date of the security provided, to -the County herein, referreflo' as the Effective' Date; and' NMI WHEREAS, upon completion of the Improvements by Developer and upon approval of same by the County Utility Director, seventy-five percent U /o of the security will be released by County with the remaining twenty-five percent (25L/o) to be held as warranty security for one (1) year from the date of approval by the County Utilities Director. Additionally, if security is posted in the form of a letter of_ credit, that letter of credit must remain valid for 90 days beyond the 1 -year warranty period; and WHEREAS, at the completion of the Improvements, Developer agrees to execute a Warranty and Guaranty Agreement and Bill of Sale to warranty the Improvements for a period of one year against defects due to faulty field engineering, workmanship, or materials, secured ,with the remainder twenty-five percent (25% security mentioned above; and WHEREAS, nearing the end of the 1 -year warranty period, or sooner If the need arises, County will cause inspections to be performed to determine if the Improvements remain free from defects due to faulty field engineering, workmanship, or materials. If the Improvements are determined to be acceptable, then the remaining twenty-five percent (25%) security will be released by the County Utilities Director at the end of the warranty period. In the alternative, if the Improvements are found to be defective, County will notify Developer of such defect(s) and Developer must immediately cure the defect(s). Failure to cure any defects will result in the Developer, as principal, and the escrowed cash or letter of credit being jointly and severally liable to pay for the repairs; and WHEREAS, failure by Developer to construct the Improvements within the 12 - month period from the start of construction will cause Developer to be in default under this Contract, and Developer and the underlying security shall be jointly and severally liable to pay for the cost of construction and Installment or removal of the Improvements to the final total cost; NOW, THEREFORE, IN CONSIDERATION OF THE.MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows: 1. Developer agrees to construct on or before one year after the Effective Date herein described, in a good and workmanlike manner, the Improvements, which are described as follows: See Exhibit "A!' attached hereto 2. Developer agrees to construct said Improvements strictly in accordance with the conditions of project approval and requirements of any applicable Florida East Coast Railway, LLC requirements, all of which are hereby incorporated by reference and made a part hereof. 3. In order to guarantee performance of this Contract, Developer shall simultaneously herewith furnish either cash or an irrevocable letter of credit, having an expiration date of not less than 27 months from the Effective Date of this Contract, provided by a banking institution acceptable to the County, in a form to be approved by the County, naming Developer or Developer's contractor as customer and the underwriting bank, in the amount of Four Hundred Seventy Thousand Four Hundred Fourteen and 50/100 Dollars ($470,114.60 which amount is not less than one hundred fifteen percent (115%) of the estimated total cost of Improvements to be constructed. It is understood that the full amount of the letter of credit shall K 19*1 remain available to the County. If cash is posted, a Cash Deposit and Escrow Agreement will be entered into between the posting party and the County. 4. Developer shall procure and keep in effect comprehensive general liability insurance in the limits of $2,000,000.00 each occurrence for bodily injury or death and $2,000,000.00 property damage each occurrence, covering all obligations of Developer to indemnify the Florida East Coast Railway, LLQ by Contractual Assumed .Liability Endorsement. Alternatively, Developer may procure and keep in effect until the end of the I -year warranty period, Railroad Protective Liability Policies insuring the Florida East Coast Railway, LLC directly as insured against losses and damages with the limits specified in this paragraph. All such insurance, directly or indirectly for the benefit of the Florida East Coast Railway, LLC, shall be In a form satisfactory to the Florida East Coast -Railway, LLC's Manager of Insurance and issued by a casualty company/Insurance company authorized to do business in the State of Florida that has a "Best's" rating of A or A+ and a financial category of Class XII or higher. The Developer shall also at its cost and expenses, maintain a Workman's Compensation Insurance Policy as required in the State of Florida, All such insurance, directly or indirectly for the benefit of the Florida East Coast Railway, LLC, shall be in a form satisfactory to the Florida East Coast Railway, LLC's Manager of Insurance and Issued by a casualty company/insurance company authorized to 'do business in the State of Florida that has a Test's" rating of A or A+ and a financial category of Class XII or higher, Indian River County shall be listed as an additional insured under this policy. Developer, Developer's contractors or Developer's subcontractors shall not begin construction, installation or any other work associated with the Improvements on Florida East Coast Railway, LLC property until the Developer presents satisfactory proof of meeting these requirements to the County. Developer agrees that it shall and will at all limes hereafter indemnify, defend and save harmless the Florida East Coast Railway, LLC from and against all judgements, and all loss, claims, damages, costs, charges, and expenses ("Costs") which it may suffer, sustain or in anywise be subjected to on account of or occasioned by the operations of the Developer, or any of Developer's contractors or Developer's subcontractors, or some or all of them, whether directly or indirectly under, or pursuant to, this Contract, including any such Costs arising from the death, bodily injury or personal injury of, as follows: Of any person, including without limitation upon the generality of the foregoing description, employees and officers of Florida East Coast Railway, LLC employees and officers or materialmen, employees and officers of Developer, employees and officers or all Developer subcontractors, and from loss, damage, injury and loss of use of any real or per,4orial property (a) in which Florida East Coast Railway, LLC has any ownership interest, and (b) personal property in the custody of Florida East Coast Railway, LLC under any transportation contracts, including without limitation upon the generality of the two foregoing enumerations, all railroad equipment commonly described as rolling stock and the contents of the same, Developer agrees to indemnify, hold harmless, and defend the County against any and all claims, damages, losses, and expenses, including attorney's fees, for property damage, personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the Developer, its officers, employees, agents, or contractors, subcontractors, laborers, or suppliers, relating to the construction of the Improvements. 3 2rol Satisfactory completion in accordance with the approved project and Florida East Coast Railway, LLC permit shall be determined by the County Utilities Director and shall be indicated by specific written approval of the County Utilities Director or his designated representative, after receipt of a signed and sealed Certificate of Completion from the project engineer of record. 5. Developer, and its successors and assigns to the project known as Lost Tree Preserve shall pay the Florida East Coast Railway, LLC, annual rental and license fees for use of the Florida East Coast Railway, LLC property on which the Improvements are located until such time as the utilities have been accepted by the County. If such payments are not paid within thirty (30) days of presentation of bills for same by the Florida East Coast Railway, LLC, shall bear interest at the rate of twelve percent (12%) per annum from the date of presentation of the bill until same shall be paid. 6. At least 72 hours prior to the Developer, or Developer's contractors or Developer's subcontractors entering upon the Florida East Coast Railway, LLC property, the Developer shall schedule with Florida East Coast Railway, LLC a FEC flagman/watchman. Developer shall also locate Florida East Coast Railway, LLC's, signal and train control cables by calling the Florida East Coast Railway, LLC, Engineering and Signal Department at (800) 342- 1131 ext. 2377. In addition, and also prior to any entry onto Florida East Coast Railway, LLC property by Developer, Develop6r's contractors or Developer's subcontractors, a Certificate of Insurance naming FDG Flagler Station 11, LLC and Florida ' East Coast Railway, LLC as an additional insured must be submitted by the Developer to the Director — Corridor Management and Marketing for Florida East Coast Railway, LLC. Developer, Developer's contractors or Developer's subcontractors shall not begin construction, installation or any other work associated with the Improvements on Florida East Coast Railway, LLC property until the Developer presents satisfactory proof of meeting these requirements to the County. 7. All persons entering upon the Florida East Coast Railway, LLC property must take a Roadway Worker Training Course with Railroad Protective Services, Inc. and be certified yearly with a Roadway card through the on line training course at their website: www.RRTrainers.com. Developer, Developer's contractors or Developer's subcontractors shall not enter upon the Florida East Coast Railway, LLC property until the Developer presents satisfactory proof of meeting these requirements to the County. B. Prior to any digging or subgrade work on Florida East Coast Railway, LLC, property, Developer, Developer's contractors or Developer's subcontractors shall call uSUNSHINE"at 1-800-432-4770. 9. Subgrade crossing installation shall be marked by the erection of a suitable monument located on each side of the Florida East Coast Railway, LLC's property. 10. All crossing' work shall be of the usual strength and fitness for the purpose intended to be done in good and workman -like manner by the Developer, Developer's contractors or Developer's subcontractors, at its sole cost and expense and in a manner satisfactory to the Florida East Coast Railway, LLC. Within 30 days after completion of construction or installation, Developer shall certify to the Florida East Coast Railway, LLC in writing that the fixture has been installed in substantial conformance by the plans attached as Exhibit "B". 4 21 Developer shall submit such certification to the County Utilities Director at the same time as submitted to Florida East Coast Railway, LLC. 11. Developer -shall pay all costs of supervision, labor and material incurred by the Florida East Coast Railway, LLC in supervising, protecting and restoring the Florida East Coast Railway, LLC property related to the Improvements. 12. If the Improvements consist of a pipe or conduit to extend under the tracks of the Florida East Coast Railway, LLC, the same shall be located not less than 5.5 feet below the bottom of ties in such tracks, and properly safe -guarded as may be necessary or as required by the Florida East Coast Railway, LLC. 13. In addition to the requirements set forth in this Contract, the Developer, its successors or assigns shall comply with all requirements set forth in Exhibit "B" and the Blanket License Agreement between the County and Florida East Coast Railway Company, dated September 26, 1996 attached hereto as Exhibit 4C". 14. Developer shall construct and maintain until such time as the utilities are accepted by the County all appliances or fixtures crossing over, under or across the Florida East Coast Railway, LLC's tracks and property in conformity with Florida East Coast Railway, LLC's specifications, together with such other laws and regulations as may be applicable. 15. Any subgrade or above grade crossings of the Florida East Coast Railway, LLC's property shall be subject to the terms of the "GENERAL SPECIFICATIONS FOR SUBGRADE AND ABOVE GRADE CROSSINGS OF THE RAILWAY'S RIGHT OF WAY" issued by the Chief Engineer, Florida East Coast Railway Company, the terms and conditions or which are incorporated herein by reference. 16. Developer shall obtain and maintain all necessary permits, licenses and franchises required by law until such time as the utilities are accepted by the County. Whenever Developers appliances, 'fixtures or facilities are located hear or adjacent to any communication or signal lines of the Florida East Coast Railway, LLC or any licensed communication utility on the property of the Florida East Coast Railway, LLC, Developer,shall at all times prevent interference in any way with the construction, maintenance, or operation of such crossedoradjacent signal lines or communication lines, and in such event, Developer shall adopt, use and maintain the best known and most effective methods to protect the aforesaid communication lines from physical hazard and inductive interference. 17. Developers appliances, fixtures, facilities or crossings shall not at any time interfere with or endanger the track, roadbed, or other property of the Florida East Coast Railway, LLC, or the operations, maintenance or improvements nts of the Florida East Coast Railway, LLC, or any other party thereon; and Developer shall at its own expense, on notice from the Florida East Coast Railway, LLC, forthwith change, Improve or repair such appliances or fixtures as may be prescribed by the Florida East Coast Railway, LLC. 18. Should the. Improvements cause any change or alterations in the location or arrangement of the wires, poles, appliances, fixtures or facilities of the Florida East Coast Railway, LLC or the wires, poles, appliances, fixtures or facilities of any licensed communication ki P72 utility on the Florida East Coast Railway, LLC property, the cost of such alternations or —re- arrangements shall be paid by the Developer. 19. Developer -agrees that if by any reason of any changes or Additions made at the time by the Florida East Coast Railway, LLC in its tracks, right-of-way or property, structures, and appliances thereon, or property, it becomes necessary to change the location of all or any part of the crossing, such changes as are necessary shall be made by the Developer promptly at the request of Florida East Coast Railway, LLC and at the sole cost and expense of the Developer. 20. In the event the Developer shall fail or neglect to fulfill its obligations under this Contract, the Developer, as principal, and the escrowed cash or letter of credit shall be jointly and severally liable to pay for the cost - 6f'construction and installment or removal of the Improvements to the final total cost, plus the warranty, including but, not limited to engineering, construction, legal and contingent costs, including reasonable attorneys fees incurred by the County, together with any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all provisions of this contract and applicable ordinances of the County. If this Contract is secured by a letter of 'credit, then in no event, shall the liability of the underwriting bank, under this paragraph exceed the total amount of the original obligation stated in the letter of credit, less any approved reduction thereto. Additionally, in the event the Developer shall fail or neglect to fulfill its obligations under this Contract, County shall have the right to immediately terminate this Contract and the Developers right to construct or install the Improvements under this Contract. 21. The parties agree that the County at its option shall have the right, but not the obligation, to construct and install or remove or, pursuant to receipt of competitive bids, cause to be constructed and installed or removed the Improvements in the event Developer shall fail or refuse to do so in accordance with the terms of this Contract. Developer expressly agrees that the County may demand and draw upon the existing cash escrow -or letter of credit for the final total cost of the Improvements, including the warranty. Developer shall remain wholly liable for any resulting deficiency, should the cash or letter of credit be exhausted prior to completion of the Improvements. In no event shall the County be obligated to expend public funds, or any funds other than those provided by the Developer, or the underwriting bank to construct the Improvements. 22., At the completion of the Improvements, Developer agrees to execute a Warranty and Guaranty Agreement and Bill of Sale to transfer all its right, title and interest to the County in and to all the Improvements constructed within the Florida East Coast Railway, LLC property, free and clear of encumbrances, together with the assignment of all existing warranties, and Developer's agreement to warranty and guaranty the Improvements for a I- year period and, on each occasion, and at Developer's expense, immediately correct any defect due to faulty field r engineering, workmanship, or materials upon notice by County. Said warranty Will be secured With the twenty-five percent (25%) security mentioned above; and 23. Any cash or letter of credit provided to the County by Developer or Developer's contractor with respect to this contract shall exist solely for the use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any subcontractor, laborer, materialman or other party providing labor, material, supplies, or services for construction of the Improvements, unless the County shall agree otherwise in writing. 9 . P73 24. This Contract is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion, or understanding, whether written or oral, except as specifically mentioned herein. This Contract shall not be assigned without the express written approval of the County. Any amendment, , deletion, modification, extension, or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved astoform and legal suffide_ By: D&FrRdKgold County Attorney LOST.. TREE _PRESERVE, LLC,_ a Florida limited liability company, Developer By 'Charles M. Baye/, Jr.-, "ide Lost Tree Villa Corporation, Its Manager INDIAN RIVER COUNTY, a political subdivision of the State of Florida By Joseph E. Flescher, Chairman Board of County Commissioners "COUNTY" 19 BCC approved:, P74 OFFSITE WATER MAIN ITEM _ DESCRIPTION OWl PVC 12" OW2 BORE UNDER RR 0- 12 "GV OW4 B" GV OWS 16" X 12" WET TAP & VALVE O W6 12" X 8" TEE OW7 12"-4.S OWB 12" .90 OW9 12" X 12" CROSS OW10 FIRE HYDRANTS OW11 SAMLE POINT'S (TEMP) OW12 TEMP JUMPER OW13 SOD —""—"--- OW14 MOT OW15 DRIVEWAY RESTORATION SUBTOTAL• CONTINGENCY SURVEYING DESIGN PERMITTING BIDDING AND AW_A_RDING ~ INSPECTION SERVICES 1 5 1 1 4 2 1 1 3 1 1,000 1 z 10% PERFORMANCE BOND 115% WARRENTY BOND 2595 8/22/2016 LTP PHASE I BID QUANTITIES.xisx PRICEK EXHIBIT "A" 805.00 NELTRA24,35.001,155.00.00675.00.00590.00.01,980.00.00i,255.4040.40 OFFSITE FORCE MAIN 3,060.00. ITEM DESCRIPTION (2TY OF 1 6" PVC FORCE MAIN, $ OF2 6" GV 1,200 OF3 6" X 4" TEE 3 OF4 6$'- 90 1 OFS BORE UNDER RR 2 OF6 12" X 6" WET TAP & VALVE 1 7,400.00 1 7,500.00 SUBTOTAL. CONTINGENCY SURVEYING 10% DESIGN 2% PERMITTING * 5% BIDDING AND AWARDING 10.5% nae OFFSITE WATER MAIN ITEM _ DESCRIPTION OWl PVC 12" OW2 BORE UNDER RR 0- 12 "GV OW4 B" GV OWS 16" X 12" WET TAP & VALVE O W6 12" X 8" TEE OW7 12"-4.S OWB 12" .90 OW9 12" X 12" CROSS OW10 FIRE HYDRANTS OW11 SAMLE POINT'S (TEMP) OW12 TEMP JUMPER OW13 SOD —""—"--- OW14 MOT OW15 DRIVEWAY RESTORATION SUBTOTAL• CONTINGENCY SURVEYING DESIGN PERMITTING BIDDING AND AW_A_RDING ~ INSPECTION SERVICES 1 5 1 1 4 2 1 1 3 1 1,000 1 z 10% PERFORMANCE BOND 115% WARRENTY BOND 2595 8/22/2016 LTP PHASE I BID QUANTITIES.xisx PRICEK $ 805.00 NELTRA24,35.001,155.00.00675.00.00590.00.01,980.00.00i,255.4040.40 $ 3,060.00. 0 $ 1,540.00 0 $ 1,275.00 0 g77 $ 4,135.00 $ 1,83000 $ 2,385.00 $ 1,920.00 $ 7,400.00 7,577.54 .75 $ 8.032. S 2.27-,.' PRICE TOTAL SHELTRA 0 $ 805.00 0 $ 3,060.00. 0 $ 1,540.00 0 $ 1,275.00 0 g77 $ 4,135.00 $ 1,83000 $ 2,385.00 $ 1,920.00 $ 7,400.00 $ 7,500.00 14,490.31 4,898.06 2,245.16 9,796.12 7,347,09 4,898.06 3,674.81 3,577.91 ?,056.09 0,414.50 2,264.02 OFFSITE REV P75 DISTANCE RM#RED I+-- RIGHT-OF-WAY LINE 1 S'Mh 25' Mhx EXHIBIT "B" AUMEOFRA/LROAD(REDU/RED) I D/STANLIE REGVNRED _ _ -r I I RIGHT -,DOFF -WAY NE TRACK M/LEPQST LOCAaw REQUIRED DMANLIE RE0PlAREO h GENERAL NOTES Mi 2 CA DAV VONA AM. ? HDPE W P� OF lW MA ) YBE NDPE i 40 CASM a a4cow P/T LOCA770NS MUST BE 0vwr OF RAILROAD Mwr-O -WAY ONES NO OPEN CUT LAnwAL CROssm wu BE ALLOWER TME PiT mu BE PRD7EC7ED WN ADEQUATE SNEERNGi BULKHEADS AND SOBWALKS 70 M07ECT TME RAILROADS ROAMM PROPER BARRICADES AND VCHM Ar NECESSARY, M Br SET AROUND R!E PIT RW POSIVIC PR07ECADM 4. NO NDRK mu BE PERAom AV RAILROAD IaIT-#-WAY INIHOUT A &4cm N. ACARR" RYP& UNDER P/A MR& WU REWAW CASH . V 0) 25'Aft a FLORIDA EAST COAST RAILWAY CO. GENERAL DIRECTOR: - ENGINEERING SERVICES JACKSONVILLE. FLORIDA INFORMATION REQUIRED FOR TYPICAL DIRECTIONAL BORE EXHIBIT "C" 1 -.217- V, 0 THIS BLANKET LICENSE AGREEMENT, made and entered into, In duplicate, this 14�-f day Of- by.and between FLORIDA FAST -COAST RAILWAY COMPANY, her'aiiniifter called "Rail*ay* andINDIAN RIVER COUNTY, a political subdivision of the state of Florida, do Department of I Utility Services, I M 25th Strcct. Vero l3cach, Florida 32966, hereinafter oalled "Licensee", - WITNESSETH: WHEREAS; the Licensee has heretofore constructed and now maintain; overhead and subgradeappliances and fixtures crossingon and acm1lic Railways risk ofway and over and under the:tracks andfacilifies of the Railway at points listed on the schedule marked "Schedule A",sttachod,hercto. and WHEREAS; the Licensee may desire in the future to construct and maintain additional crossings using certain pipes; poles, guys,. anchors, suspension lines rottlic.sa.mco all of which am sometimes hereinafter called "appliances", Mxturcs, or -"facilities" , on and across the right of way and over and under the tracks of the Railway Isom time to,timeat other points along the riot ofway-ol'sAid'Rii1way, and WHMASbothparties Hereto are deshmofeiiterih into art agr==twhich shall cover the terms upon which such crossings have herotolldreboen and may herealtertic made. ,NOW THEREFORE, ibeRaway, far valuable. consideration and the covenants and agreements ofsaid Lioeusee. hereinafter set forth, does hereby- give to Uccasee-the right and privilege to construct; install and maintain said appliances, lixturlbs, facilities or otossings on and across RGHWAY-3 sight crway and over and under the tracks and facilities of said Railway at thepointslisted on the sebeduleumkod'SchedulaW allclied'hacto and1y this reference made a put ba*4 andat such other points along itsline ofrollroadthat maybe hereafter requested int advance of any construction or installation by the Licensee and subject to the approval of the Railway, upon the following terms and conditions, "t 1. Whenever the licensce-shall,desire to construct moA*. -or maintain seidappliances, fixtures. facilities or crossings, it shall make wri Um applicatici to the, Railway, as per stJ sched for., i, L- duplicate, together tivlth twenty (20) prints ofpbn andprofile drawing containing all pertinent 6etai!s forproDm.4 crossingwork. %dapplicatlion"Ibernidicdto -�4inager, Industrial Developpicht and Real . Bstate, noridastst Mist Railway Compar% P-0. Drawer 3048; 3t. Augustine, Florida 32085-1048 along with check made -payWie to Florida Boa Coast' Railway Company to cover applicable non reffindable-application fm 2. Plansballshow allinformationfor carrier pipe and casing pipe, if used, and angle of crossing, Railway survey stati6ii,,6rdistance to nearest mile post, right, of way lines, tracks and all other Railway facilities #cat point of crossing. Prate shall showpipe or wire line in relation to actual -profile of ground and tracks' if subgrade pipe, proposed method of . I .installation, and location ofiacking pit. which shall riot be closer than thirty (30) feet from the'oenter ofnearest.track. Open -put method of installation through Railways r6adbod will not be permitted. 3. It is firffief jiai;tually understood and agreed' by and between to parties hereto that said, subg m -da crossing installation thall be marked by the erection ofi suitable monument located on each side of the Railways right cfway. 4. TheRailway shall, in writing, notify the Licensee whether it liesany objections to -the proposed crossing work and if so, shall spedify-the saine, in which event,. no crossing work shall be commenced by the Licensee hereunder until it receives the written approval of theRailtyak, if the Railway finds no objection to said crossing work, itwill so -notify the Ucensde and the Licensee shall be permitted and allowed to commence the crossing -work proposed. 5. All crossing work shall be of the usual strength and fitness for the purposcintcndtd and be done in good and workinan-like manner by the Licensee at its sole cost and expense and in a manner satisfactory to the Railway. Within 30 days after annpletion ofom&uction or installatim Licensee sbWl car* to Railway in writing that fixtute1as beets installed in substantial conformance by the plan attached to this agreement File- 217-4-0 217-4-QAbM P77 6. The Licensee shall omow andvisintain all appliances or fixtim,crossing over, under or across the RaflwWs tracks and right of way, in conformity with Railway's specifications, togetherwithsuch other laws and regulations as may be applicable. 7. If aay. crossings hereunder consist of a pipe or oondWt.to emend under the tracks ofifie Railway, the same shall belocated notlessthan -5.5 feet, below the bottom of ties in such tracks, and properly safe-guarded as may tie necessary or- as required by Railway, Witis ,a wire fin; to extend over the tracks ofthe.Railway, the same shall'be located not less than 43 44 above tb#y;& with additional ailearanoes at certain l6dationsas prescribed by kailwiy: The pole's carrying such wines shall be do6l"rackeied.and of good and sullicient quali.ty and size for-putpose. Wended and located as hereinafter designated bythe Rahway; All -poles must.6 scciurcly':planted and fastened so as to prevent the same fiml-falling oil the tracks or other property of.the Railway or upon outer wires on the right of way. No other facilities of the Licensee shall be located upon any of the Railway's PWeq Without its Prior written PWW9Si0lL 9. In aildiflon t6theother terms ofthis agrwmentrany subgrade or above grade crossing of the Railwa , y's light of way is subject to the lemma of the 'GENERAL SPECIFICATIONS FOR SUBGRADE AND ABOVE GRADE CROSSINGS OF THE RAILWArSRIGHT OF WAY- Issued by the ofrioe,ofChief Engineer, Florida Fast Coast Railway Comptiny, the tefms and,conditions of which areincorporated herein by reference. 9 The Lipm-= shall, obtain and maintain all necessary permits, licenses and franchises required by law. Whenever under this agreement, Licensees appliances, fixtures or facilities vre located near or adjacent to, any ooirunuiliogilowor signal lines oftheRailway or any liomwA oommuni6aflon utility on the right,ofway of Railway, Licensee shall at all times preiAmt interlh-mee ins any way with the construction, maintenarm, oroperation otsuch crossed or adjacent' signal 1* Mes. or,00mmunieddon lines, and in such event Licensee "I adopt.. uses and Maintain the best known and most i c1lbetive methods to protect the aforessid"communication lines from physical hdzatd andInductive interference. 10. That Lic*iswshall and will,c4uss due notice, and in no event less than forty-eight (48) hours, excluding Satunleys, Sundays and holidays, to be given in writing to the RiiiiWaYwhen Licensee or its contractor or.anyone claiming under'Licensca, proposes to enter upon or cross the tracks, roadbed orother property of the Railway with such crossings or for excavations therefor, in order that proper protection maybe provided for trains. IfRailwaysball object to the notice as,too short or #Wft workhas not therefore bow authorized in writing by Railway, then no such work shall be commenced uatil:approvalis-obtained.in,writing from Railway. 11. That hat said appliances, fixtures, facilities or crossings -41he Licensee shall not at any time interfere with or endanger the track, roadbed, or other property of-theRailway, orAhe operations, maintenance.or improvements of the Railw4, orafanyother patty thereon; and Licensee shall at its own expense, on notice from said Railway, forthvAth change, Improve or rep* such appliance o,rfixtums as may be prescribed by said Railway. 12. Should the provisions contained herein cause any change or alterations in the location or arrangement of the wires, Poles, appliances, fixtures or facilities of the Railway or the wires poles, appliances, fixtures or facilities of any licensed communication Wfityon-the right -ofway of Railway, the cost of such alternations or paid by the said Licensee. 13. Licensee agretsthet if, byr.Wonofally phatigesora"fions made at,sny**c try the RailWayin h6t=K light of way, structure'sandappliwoes, thereon, or Oropqq.,, . itW=esnoomxy-todiangelelocation-ofallor.tmypaft of the said crossings ot the 'Licensee therefor, such changes as are necessary shall be made by Licensee promptly. at the requoit oftheRallway and at-sole cost and,expemotLieqnsee, 14. Licensee hereby assumes, and shall aLall times hereafter release, indemnify, defend and save Railway harmless from and-agaitilany2abd alliability, loss, claim, suit, damage, charge or expense which"Railway may suffer, sustain, itcur or in any way -be subjected to, on account of death of or injury to any person whomsoever (including officers, agents. 211-4.OACM P78 employees or invitees of Railway), and for damage to or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way connected with the presence, existence, operations or use of Pipeline or any structure in connection therewith, or restoration ofpremises of Licensor to good order or condition after removal, Except when proven to have been caused solely by fault, failure or negligence of Railway. However, during any period of actual construction, repair, maintenanoer, replacement or removal of the Pipeline, wherein agents ar,perionnel oft iomsoo oro on the railroad. right-of-way, Licensee's liability hereunder shall be absolute, to the extent permitted by local law, irrespective of any sole fault, failure or negligence ofitallway. Notwithstanding anylliing to the,contrary contained in this agrtx tmmexrt, Ao pmvislon hereinis'intended or shall be construed as a waiver of sovereign immunity beyond the provisions of Section 768.28, Florida Statutes. 15. Licensee covenants to pay Railway all costs of supervision, labor and material incurred by Railway in supervising; protecting and restoring the property of the Railway by reason of operations of Licensee. 16. Commencingwith the initial tern of" Agreement, Licenser shall pay in advance unto Railway for each year or fraction thereof -ofthe life of said crossings or other fee lilies, the applicable srmis as listed on Schedule "A" attached hereto and made a part hereof, together with such A tum increases'that may be dictated by mtarket conditions. 17. In the. event any other appliances, frztures or facilities or crossings upon or across the right of of the Railwayshall-he rcinaiter be found to exist as d16 date hereof, although not shown on Schedule attached hereto, or to have. been added during the life of this agreement, such appliances, fixtures or facilities or crossings upon or across the right of Way of the Railway shall. be part of this agreement by amendment thereto, given similar data as for the crossings or other facilities'shown on.the'attached Schedule and all the terns of this agreement shall apply to such additional wine line facilities. 18. This agreement and Licensee's right hereunder shall not be assigned nor mortgaged by said Licensee without Prior written Consent of the Railway having been fust obtained. 19. Licensee waives and relinqurshes any legal rights and monetary claims which it might have against Florida East Coast Railway Company for frill compensation, or damages of any sort, including but not limited to special damages; severance damages, removal costs or loss.of business profits resulting from its loss of occupancy of the licensed property specified. in this Avve ment whether such property is taken by eminent domain proceedings or sold unifier the threat thereof~ 20.. Itis fiuihermatuallytutderstood and agreed by and between the parties hereto that Licensee will not perform any work on Railway's property without having a railroad watchman present at all times work, hereunder is being performed, ifone is deemed to be neoessary by the Railways Chief Enginax or other designated Company official; further, that Licence covenants thatit will include in any contract which it lets for the whole or any part of the said work to be performed hereunder by or for the Licensee each and every of the following terms and conditions of the two (2) pages attached hereto and made apart hereof entitled, "INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED AND KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTORORLICENSEE;" and, "INDEMNITY TO FLORIDA EAST• COAST RAILWAY COMPANY AND CONTRACTUAL LIABILM 1 . ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIA131LITY AND PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH 1.NDEIvA1 ms." Not withstanding •the fofeg 'i 'it is understood and agrced between the parties that )vWrolwlitan Dade County may self insure against liabilities which may arIse•under this agreement. 21. In the. event Lie== shall default in the performance of any of the covenants contained in this agreement to I be kept and 'performed by Licensee, and.such default shall continue for tet! (10) days after written.notice thereof shall have been given by the Railway to the Lessee, then at the option of the Railway, the license hereby granted may be declared ' forfeited as to the crossing or crossings or other facilities where such default occurred and thereupon all rights of the Licensee ` shall cease, as to such crossing br crossings or other facilities and Licensee will. at its own expense, remove said wire or pipe lines from the property of the Railway at such crossing or crossings, or other facilities. In the event of failure of licensee j to do so, the -Licensee will promptly. reimburse the Railway for its cost ofdoing the same. i 22. This agreement shall supasale all other contracts and agreements heretofore mad& between the Railway, and farmer Trustees of its properly, on the one part. and the Licensee and all •other priors and subsidiaries of the licensee; on the other part, covering all crossings, appliances, fixtures or facilities presently on or across the right of way of the Railway: The adstinga sings shall be conclusively held to have beenromtructed under equivalent terms and omditions as those herein; and shall be maintained under the terms of Us agreement. 219.1-o.AOM P79 23. Either party hereto shall have the right to cancel this agreement as to anyone or more of the existing< rossings. appliances, fixpnes orfacilitics as shown on4he attadihod Schedule or to any future crossings, appliahmfixtures or facilities at any time upbA thirty (30) ciay4',ijotloo:W writing to the other party. 24. 'This agmemcitt "-be for a term of one (I)year and shall be automatically TIMewedfior additional terms Of one (j) YearzUbject to the terms and conditions h=in contained. PROVIDED ALWAYS,that this agreement shall be subject 1.6 cancellation daring On initial term or of any renewal tem in the manner hereinbefore provided in paragraph No. 23; 25. Mist this agrument shall be binding upon the successors or the bars and assigns of Licensee and none of -the covenants or agrmnents bra cin contained shall be waived or modified except by both patties hereto in writing and no alleged verbal waiver or modification AsH be binding under any circumstances. 26. IfLipensee be amwticipality or a public or quad public corporation then it aqrvcs-thst noassessment or other .charges of any notfre whatsoever shall W levied or made against the Railway 'or -against its property on account of the installation or ;)dstence ofuoenseeiraciiias at thiflobation. 27. NON-PAYMENT. It -is expressly-agmd by and between the parties hereW-thst any obligations of.the Liommunderthe tams of ilib aVvementwWch am not paid within thirty (30) days of presentation of hills for same by the Railway shall limn interest at the rate oftwelve percent (12%) per:snnum fiont the date of presen(Won of the bill until same shall be paid. 29. This Agreement shall be construed in r;cordanoe with the laws of the Stale of Florida. 29. This Agreement sholl.consfituto the entire understanding of the parties on thezubject matter hereof andvach acknow1odgt* and Arms that no prorniscs, agr&emeots, representations, lefts or conditions other than contained andso forth in Us Agrtement, eitherCXPXUS * ofidipli= ed, have bemade or relied upon. 30. RAILWAY AND LICENSES HEREBY KNOWINGLY; VOLUNTARILY AND U47MMONALLY WArVETFERICTHATTHEYMAY)iAVETOATPJALBYARYINREW=TOANY'LMOATIONBASM 011177-11S AOKRMENT,-OR ARISING OUT OF, uNDEP,oR IN CONNECTION WITH TwAoREmma THE PARTIES SPECIFICALLY AGREE TO VENUE IN DADE COUNTY, FLORIDA. 3 I . -In the event of litigoLion between the parties in connection with this Agreement, the prevailing party shall be entitled to a -reasonable, attorney's red, 2,17-4-O.ACM NM IN W1774M WHEREOF, the parties hereto hive=used these presents to the duly executed in &WHeate the day andyear first herein written. Sign6cl, sealedanddelivered in the Presence of- VVitnesses -as to IWI. * _T .4 . m"'OVE-7) —A!;C. UPACY TFI, 7S 911a4XACM i FLORIDA PAST COAST PAILWAY COMPANY, a Florida coqwad6p, - President (seal) Attest Assistant Date orExc=U66n: 'INDIAN WVER- COUNTY, a political subdivision of the state offl.orida, File: 2174-0 5 P81 .:-r: fir..,-_-,:•y,?�iir',•✓,+.•C`.'.c:•..*.t°T:`.:e-�•i: '. .. ' ' .'_'t,a"r;?.s,'T'•'��":'�� Indian River Counly Wtedale "A" - Bkuket Utility LleeaveAgmema t 217.40 066-Arrg••96 18793 ' Dq t o(VJft ftNi=. Agrxment Date 1810 23tL Slut Vem ameb FL 32960 Beginning al Annlwmry date In lar Indicated mm DatedArmeemseat maepod IM40 Rate cmaty 1996 1997 1998 %bwq 215+315 213+ 315 100 W3 Iudian River 130.08 225.80 300.00 300.00 DOC# unrmbW le'wmk3rdemilemis tweP4&wLn SO 215.21-1 3113192 216+ 2765 100 W2 bbdian River 50.00 125.08 200.00 273.00 DOM RR4375% esw;.yo ienle-rlcaftafomawA" SG 215.212 329191 216+ 3086 100 W2 bd n River 50.00 125.00 200.00 275.00 DOC# RR43-7557 lWrvel%Wdad gram mmDr Sp 2IS46 4/2789 215+ 343 100 W4 IndianRiver 50.00 175.00 250.00 325.00 DOC# RR43-2767 WgmkryaWC daftdtFdbmmPA&bad= SG 215-27 4/27/89 214+ 2217 100 W3 IudianRiver 50.00 15000 225.00 300.00 DOC# RR43-2765 Iraokuyta2CdefwSmtKrnst8e @Ww SG. 21530.2 9113193 212+ 2941 100 W2 Indian River 50.00 125.00 200.00 275.00 DOC# RR43.1799 rDarelrodhg.eltaemdxd SG 0 117.4-1 4/!3/91 217+ 3246 100 W2 Indian River 50.00 125.00 200.00 275.00 DOC # RR43 2488 lrwmim2Vde.awdVwmjtdo%st) SO k . • 21722 4123191 218+ 191 t00 W2 Indian River 50.00 125.00 200.00 175.00 DOC# RR43 2439 lrwitkwda*4.csarmAvr S wtm Sa 217.4,'1 2nSM 218+ 126 100 W3 6tdlanRiver 150.00 150.00 225.00 30000 N DOC# wovallme WWti imWcna;amr%ftMraoeAve so 219615 411789 218+ 136 100 W2 Indun River 30.00 125.00 200.00 273.00 y, DOC# RR43.2769 rSmbWOlalrcmiletStwmAvq Wd6 so v 00 N DOC# RR43418 fromminwidmi*mt2olh"m SG us" "M 232+ 4780 101 W2 Indian Riva ",00 125*0 200.00 275.!0 DOC# RR43-715 WCI=i" womb IV socoftal2lask so -D 00 co • .k[4* '1Lelh -%bnq Rate"? cwmy 1996 1 1998 219+ 1600 100 W3 lads 2n.Rivu 50.00 150.00 22SAD 300.00 -D" RIL43.90t'i2 WMWWKiQ2t-id=bsilSMSt - so 2n -m 4027M 220+ 2230 100 W4 Indian Rim SOHO 1.75.00 250.00 325.00 DOC# M4362M WE so 231-7-4 349% 231+ .1648 100 W3 TrAmpim XOD 150.00 225.00 300.00 DOC# RR43776 so 2317-5 INV% 230+ 255 100 W2 lorm Rim 125AO 125.00 200A)0 275.00 DOCO RR43.4930 WIWI lairdeoftst2idgi SG 231-74 31M 229+ 3982 100 W Indian Rim 100.00 100.00 175.00 250.00 DOC# RR43-7%6 2-rrJCmdxhb6'vdaftfir*dkmWd' I I so 2?54-i 6AM 232+ 4486 100 W2 Indian Riva SOHO 125.00 MOO 275.00 DOC# RR43418 fromminwidmi*mt2olh"m SG us" "M 232+ 4780 101 W2 Indian Riva ",00 125*0 200.00 275.!0 DOC# RR43-715 WCI=i" womb IV socoftal2lask so -D 00 co • • a INDEMNITY TO FLORIDA EAST COAST RAILTAY COMPANY AND CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING suss INDEN1 xwxzs In further consideration of the sums of money herein agreed to be paid to the Contractor, the Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter s indemnify and save harmless the Florida East Coast Railway Company from and against all judgements, and all loss, damages, costs, charges, and expenses which it may suffer, sustain, or in anywise be subjected to on account of or occasioned by. the operations, whether or not negligent, of the Contractor, or any subcontractors, or both, whether directly or indirectly under, or pursuant to, this construction contract, up to the total sums of money, as follows: A. On account of death, personal injuries, loss of income or earning ability of any person, including without limitation upon the generality of the foregoing description, employees and officers of Florida East Coast Railway Company, employees and officers of materialmen, employees and officers of the Contractor, employees and officers of all subcontractors, in the limits of $1,000,000 each person injured or killed, and $2,000,000 each occurrence. B. Loss, damage, injury and loss of use or any real personal property (a) in which Florida East Coast Railway Company has any ownership interest and (b) personal property in the custody of Florida East Coast Railway Company under any transportation contracts; including without limitation upon the generality of the two foregoing enumerations, all railroad equipment commonly described as rolling stock and the contents of the same, all in the aggregate limit of $2,000,000. C. Loss, injury, decline in market value or deterioration in quality of any perishable merchandise in the ,=stcdy of Florida East Coast Railway Company occurring or originating during the first forty-eight (48) hours from, but excluding, the first five (S) minutes any break in the continuity or other obstruction of passage of trains, directly or indirectly arising from the Contractor*s operations, upon said track or tracks, as the case may be, of Florida East Coast Railway Company at or within one hundred (100) feet of said location upon which the work is to be performed hereunder, the improvement, renovation, or repair of which is the subject matter of this construction cdntract, and also all expenses reasonably incurred by Florida East Coast Railway Company in and about the re-routing of its trains and cars to, 'via, and from the lines of railroad of other *railroad common carriers during the first forty-eight (48) hours following any such break in the continuity of said track or tracks, as the case may be, of the Florida East Coast Railway Company at or within one hundred (100) feet of said area. P84 INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAWMY COMPANY TO BE OBTAINED AND DEPT IN POLL POMS AND EFFECT AT COST OF CONTRACTOR in further consideration of the sums of money herein specified to be paid to Contractor, contractor, at its cost and expense, shall obtain and keep in effect, insuranceolicy or policies in the limits of $i, 000, 000- each person inured or killed and $2,000,000 each occurrence and $1,000,000 property damage per person and $2,000,000 property damage each occurrence directly by Contractual Liability Endorsement to Contractor's General Public Liability and Property Damage Insurance Policies insuring Contractor against loss or damage to contractor upon the indemnities concurrently extended to the Florida East Coast Railway Company and within the limits specified in this paragraph. Alternatively, Contractor may procure and keep in effect during the life of this construction contract, as aforesaid, Railroad Protective Liability Policies insuring Florida East Coast Railway Company directly as insured against losses and damages but within the limits specified in this paragraph. In addition to the above, Contractor shall, at its cost and expense, maintain a Workman's Compensation Insurance Policy as available in the State of Florida. All such insurance, directly or indirectly for the benefit of the Florida Bast Coast Railway company, shall be in a fora satis- factory to its Manager of Insurance and issued by a casualty company/insurance company authorized to do business in the State of Florida that has a "Best's" rating or A or A+ and a financial category size of Class X21 or higher. P85 w; FLORIDA EAST COAST RAILWAY COMPANY OFFICE OF CStEF ENGINEER GENERAL SPECIFICATIONS FOR SUBGRADE AND ABOVE GRADE CROSSINGS OP RAILWAYIS RIGHT OF i1AY Y+; _ :- I. GENERAL PROVISIONS A. A plan and profile drawing containing all pertinent details 4- for the proposed crossing shall be submitted to the Office of the chief Engineer for approval preliminary to prepar- ation of an agreement if approved. B. The plan will show all information for the proposed crossing installation with reference to the nearest Railway survey station or distance to nearest mile post, Railway right of way, tracks, or any other Railway facilities or structures. in the vicinity. c. Request for installation shall be accompanied with a letter signed by the owner, company official, or government agent. D. The lessee will be responsible for any and all costs of re- pairs or maintenance of the Railway*s property and structures disturbed or damaged due to the installation or construction after effects. E. The lessee of an installation approved by agreement will be required to provide proof of protective insurance for and during construction. II. SUBGRADE PIPELINE AND CABLES {Also see Addendum, p.6} A. All subgrade carrier pipelines and wirelines will be installed within a casing pipe. 1. All casing pipes will extend from right of way line to s... right of way line. 2. The Railway will not permit casing installation by open -cut method through the roadbed. B. Application will be accompanied with plans showing profile in relation to actual ground, track, and other facilities at t.... the project site. 1. The method of installation will be detailed including the location of jacking pit as measured from centerline of near track. C�1's-."t'^' .te.q•'�f'� ' : �•t l"44kk �1lii�. 1t t. �� 2. The casing pipe must be installed at least 5.5 feet below bottom of tie. 3. Jacking pit location must be at least 30.00 feat from centerline of near track for pit down to 20 feet below grade. The pit will be protected with adequate sheeting, bulkheads, and sidewalls to protect the Railway's roadbed. Barricades and lights will be set around the pit for protection. C. Casing Pipe Specifications are as follows: 1. Casing pipe shall have a minimum diameter of 2.0 inches and size 2.0 through 8..0 inch diameters must be,gal- vanized and standard weight ASTM Specifications A53, Grade S. Thread coupling is allowed. 2. Casing pipe 6.0 and 8.0 inch diameters may be used complying with C-3. 3. Casing pipe shall be in accordance with current ASTM Specification A139 and be protected by a black bituminous coating for PROTECTION AGAINST•CORROSION. Wall thickness shall be as follows: DMUTER THICKNESS (inches) (inches)- --6 - 16 1/4 18 - 20 5/16 22 - 24 3/8 26 - 28 7/16 30 - 34 1/2 36 - 38 9/16 40 - 48 5/8 52 - 56 •11/16 60 - 66 3/4 72 - 78 13/16 84 - 90 7/8 96 - 102 15/16 108 - 114 1 120 1-1/8 4. All casing pipe joints will be welded in accordance With RISC Specifications, section 1-7-2. All joint welds will be full penetration. S. At no time will construction interfere with the normal and safe operation of the Railway. No construction, manpower, or equipment will enter the right of way beyond safety clearance limits of 20.0 feet from the centerline of near track. 2 P87 '1 Y •Te•SV: �Y.• _. � - .. .. ^.. . - ..i .v �'. •: V�:•!` .'.:. ...;� r�r'-:7Ci,.k.YT-�F17 T r' . x •i. , �.i' ; S �'1 .. � � ,ter .,... ���� ,,���.yy , P88 hf. 6. All casing pipe installations where the diameter is greater than 48 inches will require a preconstruction conference at the project site. -- 7. Preconstruction arrangements will be made with the i` _office Chief 'Engineer at least one week.prior to construction. A Railway inspector must be present during the entire construction of the casing pipe.. ° The inspector will have complete authority over the project on the Railway's right of way. 8. All costs to provide inspection will be borne 'by the lessee.' t4a ' D. Tunnel liner requirements are as follows: I. All applicable preceding sections will govern tunnel liner usage proposals. Z. Tunnel liner plate will be 12 Pi, galvanized, and all bolts and nuts will be galvanized, 3. Live load will be based on E-80 Railway Loading using applicable formulae and computations performed by a registered professional engineer. The computation results will accompany the plans for review by the Office of the Chief Engineer. 4. Grout holes will be provided at 10 foot intervals along the roof and sides. S. The tunnel liner jacking shield will protect 180 degrees of the upper section and material removed to allow for a minimum 1:1 slope with a minimum 2.0 feet of undisturbed soil supporting the overburden. 6. The tunnel line installation will progress with sufficient manpower and supervision for around the 1� clock construction until the liner is completed. 6 :•' E. Carrier pipeline specifications are as follows: 4 I. Reinforced Concrete Pipe a. Materials: Modified bell and spigot or tongue ;K. and groove in accordance with current ASTM specification C76 Class YY for Railway strength pipe or current specification for 4 .:• prestressed concrete pipe. > jd i'. U. • '-: 3 '1 Y •Te•SV: �Y.• _. � - .. .. ^.. . - ..i .v �'. •: V�:•!` .'.:. ...;� r�r'-:7Ci,.k.YT-�F17 T r' . x •i. , �.i' ; S �'1 .. � � ,ter .,... ���� ,,���.yy , P88 m 0 t b. Joints: Rubber and steel joint for prestressed pipe in accordance with current Lock Joint Pipe Company Specification on SPS, or equivalent. Joints for bell and spigot and tongue and groove pipe to be in accordance with current standard practice. Joints may be made using confined continuous rubber gasket. 2. Cast Iron Pipe a. Materials: Pipe must conform to current ASTM specification A142 for "Standard Pipe." b. Joints: Bell and spigot, caulked with lead and oakum, or and approved mechanical type. 3. Polyethylene Pipe a. Materials: Pipe must conform to current ASTM Specifications 02104, Schedule 40, for standard pipe. 4. Steel Pipe a. Materials: Pipe must conform to current ASTM Specification A120, Schedule 40. 'b. Joints: All joints must be welded or of an approved mechanical type. F. Carrier pipe with and internal pressure less that 30 psi shall have the ends of the casing pipe sealed after installation. G. Carrier pipe with and internal pressure of 30 psi and over shall have the casing pipe open at the ends if local conditions permit water from leaks to discharge into drainage ditch of manhole. If this is not practicable, the casing pipe shall be sealed at both ends and 4 inch relief vent provided at either and off the Railway's right of way, which shall -discharge into drainage ditch or sewer. H. Uncased high pressure gas pipe line crossings will be permitted provided they comply with the requirements of Chapter one, part 5.2, specifications for Uncased Gas Pipe Line within the Railway Right of Way (1993), as is contained in the "Manual for Railway Engineers", issued by the American Railway Engineers Association". In the event of conflict the provisions of the "General Specifications for Subgrade and Above Grade Crossings of Railway's Right of Way" shall supersede. ME 40 E. Should the Railway add crossing gates to grade crossing protection, raising of wirelines or cables shall be preformed immediately on notice and -at the sole cost and expense of the lessee. F. All applicable preceding sections will govern the installations. V. MISCELLANEOUS A. Cathodic protection of pipelines, cables, or casings. 1. When cathodic protection is provided, it shall be installed so as not to induce currents which will interfere with the signal apparatus of the Railway. Any changes required in the manner, method, or location of such cathodic protection shall be made ` at the sole cost and expense of the lessee and to >s' the satisfaction of the Chief Engineer of the _ ! Railway or his duly authorized representative. • it <. A1.1 III. ABOVE GRADE STRUCTURES '• A. All applicable preceding sections w.Ul govern the installation. B. Minimum clearance of 23 feet 6 inches over top of rail of highest track shall govern the proposed structure. i;.:. C. predesign conference with the Chief. Engineer will set forth horizontal clearance of subgrade, grade and above grade construction and structural limits. TV.' ABOVE GRADE WIRELINES A. All power lines and cables will provide a minimum clearance above top of rail of highest track of 43.0 feet for up to 50 KV. An additional 0.4 inch of clearance must be provided for each KV in excess of 50 KV. :. B. All power lines and cables lying within a grade crossing will provide a minimum clearance above top of rail of highest track of 50.0 feet for up to 30 KV. An additional 0.4 inch of clearance must be provided for each KV in excess of 50 ICV. C. All cable will provide a minimum clearance above top of rail of the highest track of 43.0 feet. D. Any wireline or cable at a grade crossing protected with crossing gates must clear the tip of the gate are by a minimum of 6.0 feet when the gate are is in the raised position. E. Should the Railway add crossing gates to grade crossing protection, raising of wirelines or cables shall be preformed immediately on notice and -at the sole cost and expense of the lessee. F. All applicable preceding sections will govern the installations. V. MISCELLANEOUS A. Cathodic protection of pipelines, cables, or casings. 1. When cathodic protection is provided, it shall be installed so as not to induce currents which will interfere with the signal apparatus of the Railway. Any changes required in the manner, method, or location of such cathodic protection shall be made ` at the sole cost and expense of the lessee and to >s' the satisfaction of the Chief Engineer of the _ ! Railway or his duly authorized representative. • it INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES r Date: April 13, 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: Final Pay and Release of Retainage to E&D Contracting Services, Inc., to Rehabilitate the Headworks at Central Wastewater Treatment Plant — UC,P #4111, Bid No. 2016023 DESCRIPTIONS AND CONDITIONS: On March 22, 2016, the Indian River County Board of County Commissioners (BCC) awarded the contract for the Headworks Restoration for the Central Wastewater Treatment Plant to E&D Contracting Services at a cost of $350,656.00. The Certificate of Substantial Completion was issued on January 31, 2017. ANALYSIS: E&D Contracting Services has completed the restoration of the headworks at the Central Wastewater Treatment Plant successfully and under budget, and is requesting a final payment and release of retainage. To date, E&D Contracting Services has been paid $289,423.20. Payment in the amount of $33,232.80, including release of retainage, will complete the County's obligation to the contractor. The project came in $28,000.00 under budget. FUNDING: Funds for this project are derived from the capital budget in the operating fund. Operating funds are generated from water and sewer revenues. Description Account Number Amount Central WWTF Headworks - Rehab 4712356-044699-15505 $18,000.00 Central WWTF Headworks - Retainage 471-206000-15505 $15,232.80 RECOMMENDATION: Staff recommends that the BCC approve the Final Pay Application in the amount of $18,000.00 and release of retainage of $15,232.80 for a total payment of $33,232.80 to E&D Contracting Services. ATTACH M E NT(s): 1. Final Pay Application C:\Users\GRANIC-1\AppData\Local\Temp\BCL Tech nologies\easyPDF 7\@BCL@300539A8\@BCL@300539A8.doc P92 APPLICATION AND CERTIFICATION FOR PAYMENT AM DOCUMENTG902 PAGE 1 OF 3 PAGES TO OWNER: Indian River County PROJECT: Central Regional WWTFHeadwc APPLICATION NO: FINAL Distribution to: 1800 27th St OWNER Vero Beach, FL 32960 TV T RECE ARdMCT FROM CONTRACTOR: 7VOCA(mTZ�3�. PERIOD TO: April 3, 2017 CONTRACTOR E & D Contracting Services, Inc. Mark Piper 2001 Mills B. Lane Blvd. BY:PROJECT NOS: 2016023 Savannah, CYA 31405 CONTRACT DATE:- ATE:CONTRACTOR`S CONTRACTOR'SAPPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge; Application is made for payment, as shown below, in connection with the ContmcL information and belief the Work covered by this Application for Payment has been Continuation Sheet, AIA Document 0703, is attached completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates. for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. 1. ORIGINAL CONTRACT SUM $ 350,656.00 1 2. Net change by Change Orders $ CONTRACTOR. E &tD Contracting.Services, Inc. 3. CONTRACT SUM TO DATE (Line I t 2) $ 350,656.00 // 4. TOTAL. C&PLE IED & SPORED TO DATE $ $322.656.00 0�9f� t! -i By: Date: /, i (Column G on 0703) 5. RETAINAGE: / a. 0 % of Completed Work $ 0.00 State of Georgia County of: Chatham MIl'11ANI, ALLAN SBEPARD (Column D + E on 0703) Subscribed and sworn to be ire me this 3rd of gpril 2017 b. 10 % of Stored Material 0.00 Notary Public: ; / �- NOTARY PUBLIC (Ccluma F on 6703) My Commission ovites: EFFINGHAM COUNTY, GA J/� Total Retainage (lines Sa + Sb or t My Comminion R.rnirps March 8, 2020 Total in Column 1 ofG703) $ ARCHITECT'S CERTIFICATE FOR PAYMENT 6. TOTAL EARNED LESS RETAINAGE $ $322,656.00 In accordance with the Contract Documents, based on on-site observations and the data (Lime 4 Less Linc 5 Total) comprising the application, the Architect certifies to the Owner that to the best of the 7. LESS PREVIOUS CERTIFICATES POR PAYMENT Architect's knowledge, information and belief the Work has progressed as indicated, (Line 6 from prior CerriHeate) $1 289,423.20 the quality of the Work is in accordance with the Contract Documents, and the Contractor 8. CURRENT PAYMENT DUE $ i:, _ ,,...,3i`A .51. is entitled to payment of the AMOUNT CERTIFIED. 9. BALANCE TO FINISH, INCLUDING RETAINAGE $ 28,000.00 (Line 3 less Linc 6) AMOUNT CERTIFIED ........... $ CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS (Attach explanation ifamount cerfffned dtt ftrsfrom the amount applied Initial ail figures on this Total changes approved Application and onthe Continuation Sheet that are changed to conform with the amount cenifred.) in previous months by Owner 50.00 ARCHITECT: Total approved this Month $0.00 By. Date: TOTALS $0.00 This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein Issuance, payment and acceptance of payment are without NET CHANGES by Change Order $0.00 pr4judice to any rights of the Owner or Contractor under 'this Contract AIA DOCUMENT G702 • APPLICATION AND CERTIFICATION FOR PAYMENT .1992 EDITION - AIA® • 01992 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, OC 200085292 Users may obtain validation of this document by requesting a completed AIA Document D401 - Certification of Documents Authenticity from the Licensee. w w ATTACHMENT "F" - APPLICATION AND CERTIFICATE FOR PAYMENT: FINAL PROJECT: Central Regional WWTF Headworks Rehab 2016023 OWNER: Indian River County FL ATTENTION: Mark Piper APPLICATION PERIOD: FROM: 31 -Jan -17 TO: 3 -Apr -17 CONTRACT DATE: Application is made for payment as shown above. The present status of the account for this contract as follows: ORIGINAL CONTRACT SUM (see page 2) $ 350,656.00 NET change by Change orders (see page 3) $ CONTRACT SUM TO DATE (see page 2) $ 350,656.00 TOTAL COMPLETED AND STORED TO DATE $ $322,656.00 Less Retainage $ - Less ,previous Certificate for Payment $ 289,423.20 CURRENT PAYMENT DUE $ 33,232.80 E & D CONTRACTING SERVICES, INC.. The undersigned Contractor certifies that to the best of his knowledge, information and belief, .the work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all accounts have been paid by him for Work which previous Certificates for Payment were leased and payments received from the Owner, and that current payment shown herein is now due. In accordance with the Contract Documents, based on on-site observation .and the data comprising the above application, the Architect certifies that the Work has progressed to the point indicated; that to the best of his knowledge, information and belief, the quality of the Work Is in accordance with the Contact Documents; and that the Contractor is entitled to payment shown herein as now due. The undersigned Owner's Representative, based observation and the data comprising the above application, certifies that the Work has progressed to the point indicated; that to the best of his knowledge, the information and belief, the quality of the Work is in accordance with the Documents; oid that the Contractor is entitled to payment shown herein as now due. OWNER 6 -Apr -17 DATE DATE 1.0 P94 ATTACHMENT "F",- APPLICATION AND CERTIFICATE FOR PAYMENT: FINAL PROJECT: Central Regional WWTF Headworks Rehab 2016023 OWNER: Indian River County FL ATTENTION: Mark Piper APPLICATION PERIOD: _ FROM: 31-JanA7 TO: 3 -Apr -17 CONTRACT DATE: Application is made for payment as shown above. The present status of the account for this contract as follows: ORIGINAL CONTRACT SUM (see page 2) . $ 350;656.00 NET change .by Change orders (see page 3) $ CONTRACT SUM TO DATE. (see page 2) $ 350,656.00 TOTAL COMPLETED AND STORED TO DATE $ $322,656.00 Less Retainage $ - - Less previous Certificate for Payment $ 289,423.20 CURRENT PAYMENT .DUE $ 33,232.80 E & D CONTRACTING SERVICES, INC.. The undersigned Contractor certifies that to the best of his knowledge, Information and belief, the work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all accounts have been paid by him for Work which previous Certificates for Payment were leased and payments received from the Owner, and that current payment shown herein is now due. In accordance with the Contract Documents, based on on-site observation and the data comprising the above application, the Architect certifies that the Work has progressed to the point. indicated; that to the best of his knowledge, information and belief, the quality of the Work Is in accordance with the Contact Documents; and .that the Contractor is entitled to payment shown herein as now due. The undersigned Owner's Representative, based observation and the data comprising the above application, certifies that the Work has progressed to the point ind)'cated; that to the best of his knowledge, the information and belief, the quality of the Work is In accordance with the Documents; qbd that the Contractor is entitled to payment shown herein as now due. ti -Apr -17 DATE DATE DATE i-7 P95 CON-INUAT1018SHEET ALI DOCLAWT 0703 PAGE 2 OF 3 PAGES AIA Domment 0702. APPI.FCATION AND CFRTMCATION FOR PAYMENT. eMmining APPLICATION NOr l 2"127AL Cortractuis signed ccnificadua is attached. Central Regional W WTF Headwozim Rebab APPLICATION DATE: 4 -Apr -17 In tabulations below, amounts are saved to the nearest do0w. PERIOD TO: 4 -Apr -17 Use Column I on Contracts where variable retainage for line items may apply. ARCHIrECrS PROJECT NO. 2016023 A B C D E F G H I I K L ITEM NO., DESCRIPTION OF WORK Qttmdty Unit Unit Ria SCHEDULED VALUE WORK COIi4PLSTED MATERIALS PRESENTLY STORED (NOT IN E OR G) QTY TOTAL COMPIXTED AND STORED TO DATE (E+O+H;) °r5 (J +C) BALANCE TO FMSY- (C -J) RETAINAGE (tF VARUaM RATE) FROM PREVIOUS THIS IMOD QTY Amount QTY Amount 1 2 3 4 s 6 7 8 9 to 11 12 13 ie is id 17 is 19 20 21 22 23 24 s 26 21/ 28 29 30 31 32 33 34 3s 36 '37 38 39 40 41 42 43 `tobili7ation HeadworksRestoration Bypass Pretreatment System Repair Interior Concrete Walls, Floor, Ceiling Replace SL -1 with Stop Log Assembly Replace SL -2 with Stop Log Assembly Replace SL -3 with Stop Log Assembly Replace SL -4 with Stop Log Assembly Replace SL -5 Milt Stop Log Assembly Replace SL -6 with Stop Log Assembly Replace SL -7 with Stop Log Assembly Replace SL•g with Stop Log Assembly Altcrnato1: Add Concrete Deck Tap Rehabiliation Alternate 2: Add Exterior Walt Repair and Paint Public Construction Bond Force Account GRAND TOTALS 1 I 1 I 1 I I 1 1 1 1 1 I 1 LS LS LS LS LS LS LS LS LS LS IS LS LS LS 58,000.00 540,400.00 $8,000.00 $61,100.00 $2-1607-00 $22,602.00 522,602,00 S2_)602.00 S23,602.00 522,602.00 $22,603.00 $77,60100 $18,000.00 512,540.00 51,800.00 520,000.00 1 S8,000,00 S40.40.00 58,000.00 561,100.00 522,602.00 322,602.00 5.32,602.00 SZ -26M.00 $?7,602,00 522,602.00 S=602,00 S22.15M.00 518,000.00 S12,540.00 S1,800.60 520,000.00 $350.656.001 1.0 -1.00 1.00 1 58,000.00 $40400.00 $61,I00.00 $22,603.00 522,602.00 522,602.00 522,602.00 $222,602.00 577,602.00 $22,602.00 522,602.06 SI2,540.00 $1.800.00 $304.6S6.001 1.00 I 50.00 $18.000.00 $0.00 50.00 $0.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 $0.00 $0.00 SO.00 50.00 SO.00 $0.00 S0.00 50.00 $0.00 $0.00 $0.00 $0.00 50.00 $0.00 50.00 S0.00 Son 50.00 $0.00 $18,C00.00 50.00 '1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 1.0 1.0 0.0 0.0 0.0 0,0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0,0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1 S8,000.00 S40,400.00 SO.00 $61,100.00 S22,602.00 $22,602.00 522,602.00 522.602.00 $22,603.00 522,602.00 522,602.00 577,602.00 S18,00O.Co 512540.00 S1,800.00 50.00 $322,656.00 1 I00% 100% 0% 100% 100% 100% 100% 100% 100% 100% 1000/ 100% 100°/a 100% 100% 0% - 92% 1 S S 58,000.00 S 50,00 S - S S S - S S S S • - S S - S 20,000.00 S - S S S - S - S S S S S - S - S - S S S S S - $ S - S S $ - S - S - S - S - S 528,000.00 5400.00 S2020.00 30.00 S3.055.00 51.130.10 S1.130.10 SI.130.10 S1.130.10 S1.130.10 51,130.10 $1,130.10 S1.130.10 5900.00 5627.00 $90.00 S0.00 SO.00 SO.00 50.00 $0.00 S0.00 SO.00 SO.00 $0.00 SO.00 SO.00 SO.00 S0.00 50.00 50.00 SO.00 SO.00 50.00 S0,00 $0,00 SO.00 $0.00 $0-00 $0.00 $0.00 $0.00 SO.00 S16,132.SO AADOtar AWTO'ra7' APPUCATXMA1/1J4MA GX110a FGHPAR[EXI•:l91 f1T1741•AN6•v la`R iT:eAlteNICK/PRInVitVF N1RaiEf:f3.11J,l I�RWTpRAAVC, X.W.. WASna1 10K W'[pW6- INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES M6 Date: April 18, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Through: Jennifer Hyde, Purchasing Manager Prepared By: Terry Southard, Operations Manager, Utility Services Subject: Request for Repair- Smith & Loveless Pista Grit Chamber, South County Wastewater Treatment Facility BACKGROUND/ ANALYSIS: In 1992, Indian River County Department of Utility Services (IRCDUS) acquired the South County Wastewater Treatment Facility (WWTF) from General Development Corporation. Four years prior to the county taking over, the plant was expanded, including the head works rag removing bar rack and grit removing Pista Grit chamber. The chamber removes the grit from the incoming wastewater before it enters the plant process. Over the last 25+ years, the equipment received routine maintenance, but the equipment is beyond its useful life span of 10-15 years and is in need of total replacement. This is a sole source item due to the structure being built for Smith & Loveless equipment. Sanders Company is the exclusive original equipment manufacturer (OEM) municipal representative. FUNDING: Funds for this project are derived from the R&R operating funds. Operating funds are generated from water and sewer sales. Description Account Number Amount South WWTF Grit Removal 47123536-044699-17516 $86,924.00 RECOMMENDATION: The staff of IRCDUS recommend that the Board of County Commissioners (BCC) waive the bid requirement and authorize the Purchasing Division to issue a purchase order to the Sanders Company for $86,924.00 forthe OEM Smith & Loveless Model 7 Pista 270 Grit Chamber, and authorize the County Administrator to sign the sales agreement, after approval by the County Attorney. ATTACHMENTS: 1. Smith & Loveless Inquiry Number 25320 2. Sole Source Letter, Sanders Company OEM C:\Users\GRANIC—I\Appdata\Local\Temp\BCL Tech nologies\Easypdf 7\@BCL@8C050835\@BCL@8C050835.Doc Page 1 of 1 P97 ms Smith & Loveless. Inc: 14040 Santa Fe Trail Drive Lenexa. Kansas 66215 9131888-5201 Name and Address: Page 1 of 4 SALES AGREEMENT Quotation Date: March 30, 2017 Inquiry Number: 25320 Job Location: Vero Beach FL Smith & Loveless, Inc., having an office.at 14040 Santa Fe Trail Drive, Lenexa, Kansas 66215 (hereinafter referred to as "'_Seller"), hereby agrees to sell to the buyer designated below (hereinafter referred to as "Buyer"). the following equipment subject Wall of the provisions set 'forth in this Sales Agreement. The Sales Representative is not an agent or employee of Seller and Is not authorized to enter into any agreement on Seller's behalf or bind Seller In any way. ONE Smith & Loveless Model 7 P.ISTA 2700 GRIT CHAMBERT" mechanism suitable for installation in a concrete structure 10'-0" diameter z 7'-7" deep with a concentric V-0° diameter x V-6° deep grit well,and concrete bridge — concrete structures by others. The PISTA" GRIT CHAMBERTM mechanism shall include a helical gear reducer driven by 1,0 HP, 3/60/460 volt TEFC, premium efficiency pump motor, spur gear final drive. head, air bell, propeller, drive tube, removable grit well cover plates. All fabricated steel parts will be 316 stainless steel. ❑ None All fabricated steel components shall be commercial blasted and prime coated by the Manufacturer with one 3 -mil DFT coat of red oxide primer prior to shipment. All motors and gearboxes shall be furnished with the original manufacturer's coating. Final touch up and finish coating shall be the responsibility of the purchasing contractor. The screw conveyor shall .be factory -finish coated with one 6 -mil DFT coat of VERSAPDX' epoxy. Approximate total weight of equipment: 2000 P98 Quotation Date: 313012017 Inquiry Number: 25320 Page 2 of 4 NOT INCLUDED: Control Panel Dewatering Equipment Concentrator/H ydrocyclone Blower or diffusers All concrete work Field assembl&tection or installation Interconnecting piping, wiring and conduit Field paint or painting Lubricants Field testing or grit performance testing Grouting Airlift Anti -siphon valve (required by others) PLC Program Copy (if applicable) Smith & Loveless, Inc. will provide one electronic copy of the O&M on CD in PDF format and four hard copies of the -O&M. Additional copies -can be provided for $50 per copy. PRICE. AUBMITTAL DMA & DELIVERY: $ 86.924.00 Base Bid $ 7.000.00 Deduct for epoxy painted carbon steel fabricated components F.O.B. factory plus any taxes, which may apply. Truck/Rail freight allowed to the job site, rail siding or nearest unloading area -unloading to be by Buyer. Due to the spike in gas prices, which is beyond the control of Smith & Loveless at the time of our quotation/bid, a fuel surcharge may need to be assessed at time of shipment Due to wide fluctuations and increases in the price of stainless and carbon steel components we are experiencing in very short time frames, the sales price of the equipment quoted herein is subject to an escalation in price. Escalation shall be based upon the increase in the Producer Price index, U.S. Department of Labor, Bureau of Labor Statistics -Group: Machinery and Equipment: Special Industry Machinery and Equipment, Series Id WPU116 (the "Index"). The escalation shall be calculated based upon the percentage increase of the monthly index between the date of this quotation and the date of shipment of the equipment (i.e. the index for the month of the shipment minus the index for the month of quotation divided by the index for the month of quotation, multiplied by the quoted price). Note there is approximately 2-4 month delay in the publishing and finalizing of these indexes by the Federal Government. Therefore, the escalation will be calculated at the time the index for both months has been published and finalized. Pricing is firm for 45 days from bid date. Two (2) days supervision of initial operation, start-up and operator training over one (1) trip is included. If additional days are required, Seller will furnish a factory -trained supervisor for $925 per day including travel time plus actual travel expenses. With continuing approval of the Smith & Loveless Credit Department, payments terms are 100% Net 30 days from date of shipment, or at time of start-up, whichever occurs first. Seller to send Submittal Data for approval 4-6 weeks after receipt of complete details at Seller's factory Manufacturing completion is estimated 14-16 weeks after receipt in Seller's office of approved P99 Quotation bate: 3/30/2017 Inquiry Number: 25320 Page 3 of 4 Submittal Bata and/or after all notations or comments have been clarified, approved and inserted into the manufacturing documents by the Seller. Variations in the time Submittal Data is returned to Seller and/or Submittal Data marked approved but which contain contingencies or variations may impact the completion time of the equipment. ADDITIONAL TERMS AND CONDITIONS 1. GENERAL A. Buyer's execution of this Agreement constitutes Buyers offer to purchase, on the terms and conditions set forth herein, the equipment described in this, agreement, and such offer is irrevocable for thirty (30) days after Buyer executes and delivers to Seller this Agreement together with all necessary engineering data and information. Prices are firm for sixty (60) days after the bid date provided a firm order is received at the factory within that time period and provided approved Submittal Data Is received at the factory within forty-five (45) days from the date submittals are forwarded from the factory. In the event firm orders and Submittal Data are not received by Seller within the times set forth above, then price and delivery estimates may change due to changes in the costs of material and labor and/or factory capacity at the time when the firm orders or approved Submittal Data is received by Seller. Seller reservesthe right to amend this Sales Agreement if not signed and retumed within sixty (60) days'from the quotation date. In the event we are unable to ship within estimated period for reasons beyond our control, including a request by the Buyer to defer shipment, the prices are subject to adjustment to those prevailing at tehe timof shipment, but will not exceed 1-1/2% per month. B. THIS AGREMENT IS NOT BINDING ON SELLER UNLESS SIGNED ON SELLER'S BEHALF BY'AN OFFICER OR MANAGER OF SELLER. C. This Agreement constitutes the entire contract between the parties with respect to said equipment (any prior agreement, representation, covenant or warranty, written or ora). being superseded hereby) and may not be amended or modified except by a written instrument duty executed by ba#h parties, the provisions of any purchase order or other document submitted by or on behalf of Buyer to the contrary notwithslanding. D. AiI notices hereunder are to be in writing and mailed postage, prepaid to the party being notified at the address indicated in this agreement or at such other address as maybe designa#ed in writing: E. Remedies provided for herein are cumulative and are in addition to all other remedies as may be available at law or in equity. F. This Agreement is ,governed by and subject - the laws of the State of Kansas and the Buyer by executing this agreement agrees to submit to the Junsdic#ion of the State of Kansas and the venue for any disputes between the parties will be in the District Court of Johnson County, Kansas, or the Federal District Court of Kansas: 2. NOTICE TO PROCEED- Retum to Seller of approved Submittal Data or notification to Seller that the submission of submittals will be waived,.constitutes notice to Seller to proceed with manufacture. in the event Seller does not receive approved Submittal Data within forty- five (45) days after Seller's submission of submittal data for approval, then Seller reserves the right to amend price and delivery of the equipment being. sold. Final approved Submittal Data means approval by Buyer (or Buyers representative) of Seller's Submittal Data and/or after all. notations or comments have been clarified, approved and inserted into Seller's manufacturing documents at which point Sellers estimated completion schedule commences. Variations in the time Submittal Data is returned to Seller and/or Submittal Data marked approved but which contain contingencies or variations may impact the completion time of the equipment. Seller agrees to fumish only the ,equipment included in Seller's quotation and/or as described and modified in the Submittal Data. Approval of the Submittal Data constitutes acceptance of the equipment in the configuration described therein. If Seller is directed to change the scope of the equipment after notice to proceed to manufacture, then Seller reserves the right to amend the price and delivery of the equipment. 3. EXCUSED PERFORMANCE- Seller is not liable for any failure or delay in performance hereof, with respect to delivery or otherwise, if such failure or delay is due to any cause ,beyond Seller's control Including,, but not limited to, any Act of God, war, civil disturbance, riot, labor difficulty, factory capacity, fire, other casualty, accident or supplier's failure or inability to perform. 4. CREDIT APPROVAL- The credit terms specified herein are subject to Seller's continuing approval of Buyer's credit and if, in Sellers sole judgment, Buyers credit or financial standing is impaired as to cause Seller to deem itself insecure, Seller may withdraw the extension of credit and require other payment terms. 5.. PAYMENT- Subject only to any credit terms, which Seller may extend, the total purchase price hereunder is due at such time, within or after the estimated shipment period specified herein, as said equipment is ready to be shipped. Buyer shall pay In full .all invoices within the time for payment specified therein and Buyer's payment obligation is in no way dependent or contingent upon Buyers receipt of payment from any other party. Any balance owed by Buyer for thirty (30) days or more after the same becomes due is subject to a 2% per month delinquency charge until paid. In addition to all other amounts due.hereunder, Buyer shall reimburse Seller in full for all damages, costs and expenses, including reasonable-attomeys' fees, which Seller may incur w€th respect to Buyer's breach of this Sales Agreement or the collection of past due amounts from Buyer. If Buyer is in default under this or any other agreement with Seller, Seller may. at its option, deferr perfonnance hereunder until such default is cured. 6. SECURITY INTEREST- Until all amounts due hereunder have been paid in full, Seller has a security interest in said equipment and has all rights of a secured party under the Uniform Commercial Code including, without limitation, the right to take possession of said equipment without legal process and the right to require Buyer to assemble said equipment and make it available to Seller at a place reasonably convenient to both parties. At Sellers request, Buyer shall execute any financing statement or statements submitted by Seller in order that Sellers security interest in said equipment may be perfected. 7. WARRANTY & LIABILITY- Seller warrants only that said equipment is free from defects in materials and workmanship as set forth in Seller's standard Certificate of Warranty fumished to Buyer at the time of final shipment. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES. EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FQR ANY PARTICULAR PURPOSE OR DESIGN AND WHICH ARE EXPRESSLY DISCLAIMED BY SELLER. Sellers sole responsibility with respect to any equipment which proves to be defective as to materials or workmanship is either to replace or to repair the same as is set forth in said Certificate of Warranty. Unless authorized in writing by Seller, Seller is not responsible for any charge or expense incurred am Quotation Date: 12116/2016 Inquiry Number: 25320 Page 4 of 4 for the modification, servicing or adjusting of said equipment after the same has been delivered to Buyer. Seller is not liable in association with its warranty or in any other capacity for any consequential, incidental or liquidated damages, late feestdamages or penalties. 8. CLAIM PERIOD- Buyer shall immediately inspect said equipment upon receipt thereof and immediately notify the carrier of any damage, shortage or other nonconformance. Seller is not oblig to consider .any claim for damages, shortages or non-conformance unless notified by Buyer within ten (10 ) days after Buyer's receipt o -said equipment. 9. CANCELLATION- Should Buyer cancel this agreement without Seller's prior written consent, Seller may, at its option, recover from Buyer a cancellation charge of not less than 20% of the purchase price hereunder. This cancellation charge is intended to compensate Seller for difficult -to -calculate economic losses, including but not limited to, material and labor costs, as well as loss of anticipated profits suffered due to cancellation. 10. SEVERABILITY —If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or iimpaired thereby. 11. STORAGE- If at such time, within or after the estimated shipment period specified herein, as Seller notifies Buyer that said equipment is ready to be shipped Buyer requests a delay in shipment, Seller may, at its option, agree to store said equipment for a period of time determined by Seller, provided that such agreement will not affect Buyer's obligation to pay in full all invoices as they become due, and provided further that for each month, or portion thereof, said equipment is so stored by Seller, Buyer shall pay to Seiler as a storage fee an amount equal to 2% of the purchase price. 12. DRAWINGS, ILLUSTRATIONS AND -MANUALS- Catalog and proposal drawings, bulletins, and other accompanying literature are solely for purpose of general style, arrangement and approximate dimensions. Seller may make any changes Seller deems necessary or desirable. Submittal for approval, if required, will be made after receipt of complete information from Buyer. Unless otherwise specified at the time of quotation, six sets will be furnished. Additional sets are at $25.00 per set. Installation, maintenance and operation manuals will be furnished in the number of copies specified at the time of quotation. If none specified, four will be provided at no added cost, with additional copies at $50.00 each. 13. PERMITS, LICENSES- Buyer at its sole cost and expense shall obtain all building or other permits or licenses with respect to the installation and operation of said equipment required by any federal, state or local govemmental body. 14. PATENT INDEMNIFICATION- Seller shall, at its own expense, defend any suit instituted against Buyer, based on any claim that equipment furnished hereunder infringes any Letters Patent of the United States, and Seller shall pay any damages assessed against Buyer in any such suit, provided that Buyer, upon service of process upon Buyer, gives to Seller notice in writing of the institution of such suit, and permits Seller, through counsel chosen by Seller, to defend the same, and gives Seller all information in Buyers possession and reasonable assistance and authority -to enable Seller so to do. Seller shall have no liability or obligation to Buyer for patent infringement resulting from compliance by. Seller with written instructions or specifications of Buyer concerning the structure, operation, material, or method of making equipment furnished hereunder. Agreed to this day of Agreed to this day of _ at Lenexa, KS. Buyer By Print Name By Authorized Signature Address Is this purchase tax exempt? Yes,_No If YES, attach Sales Tax Exemption Certificate. Failure to provide tax exempt certificate prior to shipment will result in Buyer being responsible for all applicable taxes. SMITH & LOVELESS, INC. By Authorized Signature Prepared by Sales Representative NOTE: The Sales Representative is not an agent or employee of Seller and is not authorized to enter into any agreement on Seller's behalf or to bind Seller in any way. P101 Smith & Loveless, Inc. April 5, 2017 14040 Santa Fe Trail Drive Lenexa, KS 66215-1234, USA Ph: 913)8885201 Fax: 913.748.0106 Toll Free: 800.922.9048 Subject: Replacement Smith & Loveless Equipment To Whom It May Conce m: Smith & Loveless, Inc. is a manufacturer of Water, Wastewater treatment equipment and prefabricated Pump Stations. When replacement of S&L products is required, replace with OEM parts manufactured by Smith & Loveless and, supplied through Sanders Company, Inc. This is to certify that Sanders Company, Inc. is the exclusive OEM municipal representative for Smith & Loveless Package Pump Stations, Water and Wastewater Treatment equipment in the State of Florida. In this capacity, they function as our local sole source supplier for all new and replace ment Smith & Loveless products. Sincerely, Tim Paulsen Manager, After Market Division Solutions for a World of Water Problems P102. DATE: 4-21-17 TO: Purchasing Division `N SOLE SOURCE MEMORANDUM \`n REQUISITION NO (if entered) FROM: Rich Meckes (Department/Division Head Signature) Name Required SUBJECT: Request for approval of "No Substitute". Sole Source Q or Sole Brand ❑ (check one) ITEM/SERVICE TO BE PURCHASED: Smith & Loveless Model 7 PISTA 270 mechanism DESCRIPTION/SPECIFICATIONS: t1 -• -L-1 of 1- existing equipment and must fit into the facility Headworks Description of your department's requirements and why waiving the bid/quote requirement is in the best interest (product standardization, compatibility, proprietary item, etc.): Steps taken to identify other potential vendors/confirm sole source or brand: Web Search Estimated amount of purchases of this or similar items from this vendor required in the current fiscal year: $86,924.00 Date this specific item and/or vendor been designated sole source for this requirement by the Board of County Commissioners (if applicable): VENDOR: Sanders company COMMENTS: Instructions: Complete and forward signed form to Purchasing. Confirmation of the sole source designation may be verified through a posting on Demandstar. Please submit this form as early as possible so Purchasing has ample time to post and enable responses by vendors and to avoid delaying your purchase. P103 VT 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: April 20, 2017 Subject: Miscellaneous Budget Amendment 013 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. Scanning and indexing documents/plan backlog in the Building Department was approved in fiscal year 2016/17 and needs to be "rolled over" into the current fiscal year. The attached entry appropriates these funds from Building Department/Cash Forward Oct 1 St in the amount of $119,735. 2. On April 11, 2017 the Board of County Commissioners approved the Sheriffs request for $32,428 from the Law Enforcement Trust Fund to be donated to various programs and agencies, and to purchase additional Active Shooter Kits for Court Services and Investigation Sections. The attached entry appropriates this funding from the Law Enforcement Trust Fund/Cash Forward Oct 1St 3. On April 11, 2017 the Board of County Commissioners approved the Sheriff's request to utilize Project Generated Income (PGI) in the amount of $625. The attached entry appropriates these funds from M.A.C.E. Unit/Cash Forward Oct 1 St 4. On April 18, 2017 the Board of County Commissioners approved the Mediated Settlement Agreement between the estate of William and Carlyne Jenkins and Indian River County in the amount of $624,249. The attached entry appropriates funding from Traffic Impact Fees/Cash Forward Oct 1St 5. On April 18, 2017 the Board of County Commissioners approved the revised Supplemental Joint Participation Agreement with the Florida Department of Transportation for Section 5339 Public Transportation Capital Funds for a total of $196,717. Because this agreement replaces the prior agreement approved by the Board on October 18, 2016, a reduction of $183,907 is necessary. The funding will be reduced in the General Fund/Agencies/Community Transportation Coordinator/SRA. 6. On February 7, 2017, the Board of County Commissioners approved Budget Amendment 06 which included funding of the approved CIE. The attached entry appropriates funding of $530,000 from Optional Sales Tax/Cash Forward -Oct 1 St to fund the balance of the Sheriffs Hangar Project, which unfortunately was not included in the initial Budget Amendment. P104 Board of County Commissioners April 20, 2017 Page 2 of 2 7. The Property Appraiser has received approval from the Department of Revenue to move the health insurance savings of $22,800 to legal services which may be required due to pending real estate and employment issues. The attached entry re -appropriates the funding of $36,967 from General Fund/Cash Forward -Oct 1 St. (The health insurance was deducted twice from the General Fund in error) Emergency Services/Cash Forward -Oct 1 St for $4,955, Land Acquisition Bond/Cash Forward -Oct 1 St for $886 and Solid Waste/Cash Forward for $639. 8. On April 11, 2017, the Board of County Commissioners approved CH2M Services for the West Wastewater Treatment Facility. The attached entry appropriates funding of $29,900 from Utilities/Cash Forward -Oct 1St 9. The Community Transportation Coordinator (SRA) is in receipt of various grants including Community Care for the Elderly in the amount of $410,147, Alzheimer's Disease Initiative in the amount of $143,311, Home Care for the Elderly in the amount of $55,367 and Older American Act in the amount of $482,047. The grants totaling $1,090,872 require a match of $121,208. The SRA is requesting the Board of County Commissioners approve the attached entry which appropriates $121,208 from General Fund/Cash Forward -Oct 1 St. The match for the grants for FY 17/18 will be included in their annual budget request. 10. An additional Assistant Fire Chief position is needed to aid in the transition of the current Fire Chiefs DROP date of April 30, 2018. After the consolidation there were five Assistant Chief positions; currently there is one. This will allow for additional transition time and staff recommends that this second Assistant Fire Chief position is established to fulfill administrative needs going forward. The attached entry appropriates funding for this position starting June 1, 2017 in the amount of $45,182 to be provided from Emergency Services District/Cash Forward Oct 1 St P105 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 AQ APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY P106 Exhibit "A" Resolution No. 2017 - Budget Office Approval: Budget Amendment: 013 Michael Smykowski, Budget Director Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue County Building/Non-Revenue/Cash Forward Oct 1st 441039-389040 $119,735 $0 Expense County Building/Building Department/Other Contractual Services 44123324-033490 $119,735 $0 2. Revenue Special Law Enforcement Trust Fund/Non-Revenue/Cash Forward Oct 1 st 112039-389040 $32,428 $0 Expense Special Law Enforcement Trust Fund/Sheriff-Law Enforcement 11260086-099040 $32,428 $0 3. Revenue M.A.C.E. Unit/Trust Fund/Project Generated Income/Confiscated Property 126035-389040 $625 $0 Expense M.A.C.E. Unit/Trust Fund/Law Enforcement Expenditures 12660021-099040 $625 $0 4. Revenue Traffic Impact Fees/Non-Revenue/Cash Forward Oct list 102039-389040 $624,249 $0 Expense Traffic Impact Fees/District II/ROW/53rd Ave/58th St to US 1 10215241-066120-02025 $624,249 $0 5. Revenue General Fund/FTA Section 5339 Grant -SRA 001033-331424 $0 $183,907 Expense General Fund/Agencies/Community Transportation Coordinator/SRA 00111041-088230-54001 $0 $183,907 6. Revenue Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $530,000 $0 Expense Opitonal Sales Tax/Sheriff-Law Enforcement 31560086-099040 $530,000 $0 7. Revenue General Fund/Cash Forward -Oct 1st 001039-389040 $36,967 $0 Emergency Services/Cash Forward -Oct 1 st 114039-389040 $4,955 $0 Land Acquisiiton Bond/Cash Forward -Oct 1st 245039-389040 $886 $0 SWDD/Cash Forward -Oct 1st 411039-389040 $639 $0 1 of 2 P107 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 013 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Expense General Fund/Budget Transfer -Property Appraiser 00150086-099060 $36,967 $0 Emergency Services/Fire District/Budget Transfer -Property Appraiser 11412022-099060 $4,955 $0 Land Acquisiiton Bond/Budget Transfer -Property Appraiser 24511786-099060 $886 $0 SWDD/Landfill/Budget Transfer -Property Appraiser 41121734-099060 $639 $0 8. Revenue Utilities/Cash Forward -Oct 1st 471039-389040 $29,900 $0 Expense Utilities/Sludge/Other Professional Services 47125736-033190 $29,900 $0 9. Revenue General Fund/Cash Forward -Oct 1st. 001039-389040 $121,208 $0 Expense General Fund/Agencies/Community Transportation Coordinator/SRA/Senior Services, Meals, Day Care 00111064-088373-54001 $121,208 $0 10. Revenue Emergency Services District/Cash Forward -Oct 1st. 114039-389040 $45,184 $0 Expense Emergency Services District/Fire Rescue/Regular Salaries 11412022-011120 $30,470 $0 Emergency Services District/Fire Rescue/Social Security 11412022-012110 $1,890 $0 Emergency Services District/Fire Rescue/Retirement 11412022-012120 $7,038 $0 Emergency Services District/Fire Rescue/Health & Life Insurance 11412022-012130 $3,453 $0 Emergency Services District/Fire Rescue/Worker's Compensation 11412022-012140 $1,110 $0 Emergency Services District/Fire Rescue/OPEB 11412022-012160 $781 $0 Emergency Services District/Fire Rescue/Medicare 11412022-012170 $442 $0 2of2 P1O8 q1 -y CONSENTAGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: April 18, 2017 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Approval of Award for Bid 2017040 — Admin Complex Buildings A&B Roof Replacement BACKGROUND: On June 14, 2016, the Board of County Commissioners authorized Work Order #2 to REI Engineers, Inc. (REI) for the design, assistance with bidding and construction management services for the replacement of existing roofs on Administration Buildings A and B. The design and bid documents were completed and the project released for bid on February 26, 2017. BID RESULTS: Bid Opening Date: March 30, 2017 Advertising Date: February 26, 2017 Demandstar Broadcast to: 411 Subscribers Specifications/Plans Downloaded by: 22 Vendors Replies: 4 Vendors Bidder Location Total Lump Bid Price Advanced Roofing, Inc. Fort Lauderdale $1,829,671.40* Atlas Apex Roofing, LLC Fort Lauderdale $1,991,802.40 Atlantic Roofing II of Vero Beach, Inc. Vero Beach $2,296,643.00 Collis Roofing, Inc. Longwood $3,252,432.00* Imatnematical errors corrected ANALYSIS: On behalf of the County, REI reviewed the credentials and references provided by the lowest, responsive and responsible bidder, Advanced Roofing, Inc. (Advanced). REI also requested references from Advanced for projects that used the Imetco or McElroy metal roof systems specified in the bid. The additional references provided (Solid Waste Authority, South Regional Transportation Authority and Orange County Convention Center) were responsive and provided positive recommendations. Advanced currently holds all licensure and insurance required by the Building Division. P109 CONSENTAGENDA Staff will bring color samples to the Board for consideration and selection of a roof color prior to the Contractor ordering the metal roofing material for the buildings. SOURCE OF FUNDS: Funding, including $1.2 million from the Mediation Settlement Agreement reached between the County and Turner Construction Company, et al., is available from Optional Sales Tax/Facilities Management/Admin Complex Roof Replacement Project account as follows: Account Number Account Description Available 31522019-066510-16003 Admin Complex Roof Replacement $1,829,671.40 RECOMMENDATION: Staff recommends the Board award Bid 2017040 to the lowest, responsive and responsible bidder, Advanced Roofing, Inc., and authorize the Chairman to execute the attached agreement after approval by the County Attorney as to legal form and sufficiency, the receipt and approval of the required public construction bond, and the receipt and approvalof the required insurance. Attachments: Agreement Pilo SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS \ Title page ARTICLE1- WORK.................................................................................................................................2 ARTICLE2 - THE PROJECT............................................................... / .......................................... 2 ARTICLE 3 — ENGINEER................................................................... ARTT['T,F d - CONTRACT TTMFC ��k ......, ARTICLE 5 -CONTRACT PRICE ............... . r............... :.. t.... ............................. 2 ............................. 3 ARTICLE 6 - PAYMENT PROCEDUR2 :SFM/n_.............!� ......................."" 4 ARTICLE 7 - ARTICLE 8 - CONTRACTOR ARTICLE 9 - ........................................... ...................................................... 5 .................................................................. 5 .......................................................................................... 6 .............................................................................................. 7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] @BCL@98055EE5 00520-1 C:\UsersXGRANIC-1\HppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@98055EE5\@BCL@98055EE5.doc SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual coven / ;; ants hereinafter set forth, 1 1 agree as follows: ,�� ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as. s ecified or"cfirated in the Contract Documents. The Work is generally described J11,16 )lows: - The Project involves the removal and dis, flashing, sheet metal, and underlayment inspection; remove any moisture cont substrate and insulation as directed by f/I/o deck before installing new replace metal roof panel clips through thefh,s-tf install new standing seam metal roof s accessories to provide a complete, watet P%F%1 IVGG L - 1 "G_ rRVJG\17!//e 2.01 The Proje t � which the) part is gener,y,scribed ProjectlNam BUILDIN,S A e"za"sling tile roofs"yrs:#m including risfftTailable wo'b'dsubstrate for lterioa`ted, orambamaged nailable ,tecta al�ir any rusted steel echanical/yasten standing seam into the structural steel deck and de new sheet metal flashing and grrantable roof assembly. ntract Documents may be the whole or only a COUNTY ADMINISTRATION COMPLEX :MENT Number: 1705 )17040 B00 81 1801 27TH STREET VERO BEACH, FL. 32960 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. @BCL@98055EE5 00520-2 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF T@BCL@98055EE5\@BCL@98055EE5.doc P112 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 120' calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 150"' calendar day after the date when the Contract Times commence to run. B. The Work will be fully completed (Final Completion) and ready for final payment in accordance with paragraph 14.07 of the General Condit" s on or before the 150th calendar day after the date when the Contract Times corgi ence to run as provided in paragraph 2.03 of the General Conditions. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recc that OWNER will suffer financial specified in paragraph 4.02 above, Article 12 of the General Condition //////%f> work. The parties also recognize, a legal proceeding the actual loss time. Accordingly, instead of re -,t agree that as liquidated damages pay OWNER 15it rA0 or each paragraph 4.02 for S"i16ka��a I,Coi 5 . '�r/ Substantial Completion % f C -19m remaining,W�ork within t�i� ontf OWNER, SJIMPTR�ACTOR std1, a after the timespi#dn para until the Wo r 'is;.comne ed.and reg 5.01 determined A. For all is`tif he essence of'fffieA ement and / f'"the rk i 0"hot completed `nthin the times I any exte s:ns thf allowblin accordance with /,ate.. k` J2Mdated d f0ages will ani e'ice for this portion of ielays,lexpe e and diffic�Iarrs involved in proving in iffered bo,"WNER if the Work is not completed on ,any suproof, ,OWNER and CONTRACTOR �ag r � �-:y,. (but rr \\as a penalty), CONTRACTOR shall lenda ay than�xpires after the time specified in le/ft-ion Alfkhe Work is substantially complete. After �iE4 ifs 'T' }R shall Neglect, refuse, or fail to complete the I e or any proper extension thereof granted by )1�JE-R $1584.00 for each calendar day that expires 4.02�16r completion and readiness for final payment ;for final payment. RACTOR for completion of the Work in accordance with the amount in current funds equal to the sum of the amounts agraph 5.01.A and summarized in paragraph 5.01.8, below: prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: $_ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES @BCL@98055EE5 00520-3 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@98055EE5\@BCL@98055EE5.doc P113 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make, progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWIf shall retain ten percent (10%) of the payment amounts due to the C, ACTOR until fifty percent (50%) completion of the work. After fifty percent %) comp etion of the work is ', • . f<: attained as certified to OWNER by ENGINEER i,watm WNER shall retain five percent (5%) of the payment amount due to F+ TRACTOR until final completion and acceptance of all work'f e performed k-J%QI>, ACTOR under the Contract Documents. Pursuant to Florida>Statutes secrRohm, 18. /3 ')(b), fifty percent (50%) completion means, ,o�int a��;nr,�ich the Cou £jr;��ss NER has expended fifty percent (50%) afi >i� tb#al: cost i the constructi0t "services work purchased under the Contract: f�cumen }} ogeth ruith all -sts associated with ti existing change orders and of - �r� additions; or mode ataoras to the construction services work provided a tjlpr the n:,tr40,,ti ocument 6.03 Pay Requests. A. Each request foFfr,'a progress "p' mei5'#shall '3�*`submitted on the application for payment for •:s:Lrpplied by OWNER affidrthe application for payment shall contain the CONTRAC f Mb d ica'tlbn. All progress payments will be on the basis of {,; ,. progress of the wgimeasurFd�:,�r the schedule of values established, or in the cases unit priceu.r1c basedf� the number of units completed. After fifty perC1919 t}fl% comeetion, an'� { ) pid pursuant to Florida Statutes section 218.736;(8)(dje, CONCTOR may submit a pay request to the County as OWNE Dor up t hie haif'�2) of the retainage held by the County as OWNER, fir" and the Count , s OV1Y shall promptly make payment to the CONTRACTOR unless sud-hP/ ounts are the subject of a good faith dispute; the subject of a { F1* #rsuo50' andFlorida by theStatutes County section as OWNER o 5 theCONTRACTOR r subject The CONTRA �O,acknowledges that where such retainage is attributable to the �r labor, ses, or materials supplied by one or more subcontractors or suppliers, the fCo 'ctor shall timely remit payment of such retainage to those sub tors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall @BCL@98055EE5 00520-4 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@98055EE5\@BCL@98055EE5.doc P114 be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENI paragraph 6.20 (Indemnification) of the General` ARTICLE 8 - CONTRACTOR'S REPRESENTATI0 8.01 In order to induce OWNER to enter i 1S.this Ag following representations: Al"EN% A. CONTRACTOR has examined:, other related data identified in th B. CONTRACTOR h4lgg ted the general, local, andf�co'f'#iti Work. (NEER, and 16'Oft in accordance with bnditions to the %nstruction,Contract. f. TRAC4RbR makes the '�rnent C�O \ _ � 44 IMM Ydied the Contract Documents and the f 5hpliar with and is satisfied as to the cost, progress, and performance of the C. CONTRACTMI :s familiar v�ffi' and is"s'���'�fied as to all federal, state, and local Laws and ,, %%/,."r,,.. Regulations at t; y ffect cosh"Vogress, and performance of the Work. D.�,�( (fRACTO t ,�?as c r f Il. �sUdigd all: (1) reports of explorations and tests of F N.; r. u6surtace conditiiians atbr 80" guous to the Site and all drawings of physical conditions or relating to exss n` surface or subsurface structures at or contiguous to the Site �,g g 9 ( �nepho e frou � Facilities) which have been identified in the Supplementary Co di on r idee�,Jn paragraph 4.02 of the General Conditions and (2) reports and On drawings of a Haz�a005's- Environmental Condition, if any, at the Site which have been M111% identified in the SUPplementary Conditions as provided in paragraph 4.06 of the General Conditions. ,Affir E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities), at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the @BCL@98055EE5 00520-5 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@98055EE5\@BCL@9B055EE5.doc P115 Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all discrepancies that CONTRACTOR has discovered in th written resolution thereof by ENGINEER is acceptable 010. J. The Contract Documents are generally suffil all terms and conditions for performance and ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents 1. This Agreement (pages 2. Notice to 3. Public Co 4. Sample{0Mifcate of LidUffity I to indicate i spina of the ive); inclusive); 00620-1); errors, ambiguities, or Documents, and the understanding of 5. Contract o s=App�ibat�on for P ent (pages 00622-1 to 00622-6 inclusive); 0111h, , � fo f'r " General Condit:page 900-1 to 00700-45, inclusive); 7U,Sup�pl,.err{ertary f}Xonditions (pages 00800-i to 00800-11, inclusive); 8. Specificationsf��� lisfed in Division 1 (General Requirements) and Project Manual to include (Divisir 5, Division 6 and Division 7); 9. DrawindNd' isting of a cover sheet and sheets numbered R-101 through R-202, inclusive, with each sheet bearing the following general title: Indian River County ADMINSTRATIVE COMPLEX BUILDINGS A & B; 10. Addenda (numbers to , inclusive); 11. Appendices to this Agreement (enumerated as follows): Appendix A — Permits 12. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); @BCL@98055EE5 00520-6 C:\Users\GRANIC-1 WppData%Local\TempXBCL TechnologieMeasyPU T@BCL@98055EE5\@BCL@98055EE5.doc P116 13. Bid Bond (page 00430-1 inclusive), Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive), List of Subcontractors (page 00458-1 inclusive); 14. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 15. 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; Work Change Directives; Change Order(s); 17. Contractor's Specifications). ARTICLE 10 - MISCELLANEOUS 10.01 A. Terms used in this Agreement 10.02 Assignment of Contract I►_0 10.03 A. No assignment by binding on another bound; and,;,,specific that are die • ay r effect of thi re contrary in any'."Mritt legal representa" representatives i Contract Do.cum.' A.04 Severability 00632-2 of the indicated in the General Conditions. I rig1#}ander or interests in the Contract will be it the when consent of the party sought to be r:. loon, moneys that may become due and moneys �u` such consent (except to the extent that the I by law), and unless specifically stated to the ;ignment, no assignment will release or discharge ity under the Contract Documents. TOR each binds itself, its partners, successors, assigns, and e other party hereto, its partners, successors, assigns, and legal to all covenants, agreements, and obligations contained in the 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. 10.05 Venue @BCL@98055EE5 00520-7 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@98055EE5\@BCL@98055EE5.doc P117 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. 10.06 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,erform the service. (2) Upon request from the County's Custodian of Public F a copy of the requested records or allow the records tot, reasonable time at a cost that does not exceed the cost otherwise provided by law. 1* (3) Ensure that public records that are exempt records disclosure requirements are not diSllnsE duration of the contract term and followpoppu pla: not transfer the records to the County. (4) Upon completion of the contfa-�'t% possession of the Contractor or kd' - perform the service. If the Contrabil completion of the contract, the Contr exempt or confidentiaj, a-M'ft,exempt contractor keeps and": arnf-Mins pu Contractor shall meet all 4086b4e <r stored electronically must b -ovide Public Recorc�a,format th'1s cc the County.J B.r11F�THE,11 0 6rds, provide the County with a inspected or copied within a povdedrChapter 119 or as dential an�,x, xemp� f ni public t as authorizeda I,aw for the ir,'ir..� eilcontract if thomfontractor does a$ bst, to the C�bl`ity all public records in { 0 lic records required by the County to Fers�bl, public records to the County upon destroy ny duplicate public records that are 61ic recti � disclosure requirements. If the A&&upon completion of the contract, the 511 BnW car retaining public records. All records County, upon request from the Custodian of with the information technology systems of QUESTIONS REGARDING THE APT'. LICATION "'>; :HAP7R 119 FLORIDA STATUTES TO THE f: CCTRACTO 'S,UTY TO PROVIDE PUBLIC RECORDS RELATING TO TSIV ,,RCT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 22, `424 publicrecords(c-ircctov.com Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions @BCL@98055EE5 00520-8 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@98055EE5\@BCL@98055EE5 doc P118 of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: Joseph E. Flescher, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Attest: (SEAL) Desi nat g ; .i' , G Name a.c iird Title: P(blic Woi 1801 2tf�f�Stree Vero Beacfiab (772) 226-1234 Facsimile: (772) By: TE SEAL) ress for giving notices: Agent for service of process: Designated Representative: Name: Title: Address: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * @BCL@98055EE5 00520-9 C:\Users\GRANIC-1\AppData\LocaRTemp\BCL Techno1Dg1es\easyPDF 7\@BCL@98055EE5\@BCL@98055EE5.doc P119 W W 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 for CB&I Coastal Planning and Engineering, Inc Work Order No. 13 — Sector 3 Beach Restoration 2016 Physical Monitoring DATE: April 12, 2017 DESCRIPTION AND CONDITIONS On March 19, 2013 the Board approved a contract with CB&I Coastal Planning and Engineering, Inc. (CB&I) for professional coastal engineering services in Indian River County for a two-year term, 2013-2015. On March 17, 2015 the Board renewed the contract until March 19, 2017. On April 11, 2017 the Board extended the contract until December 31, 2017. CB&I is the selected County consultant for professional engineering services related to the Sector 3 Beach and Dune Restoration Project. On May 10, 2016, the Board approved Work Order No. 13 to this contract for physical monitoring services related to Sector 3 Beach and Dune Restoration Project. Work Order No. 9 included lump sum services in the amount of $49,953.30. All work under Work Order No. 13 is now 100% complete. The total amount of retainage withheld under Work Order No. 13 is $4,995.33. CPE is requesting the release of all withheld retainage in the amount of $4,995.33. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for the release of retainage is from Account # 128-206005-05054. C:\Users\GRANIC-1 \AppData\Locaffemp\BCL Technologies\easyPDF 7\@BCL@7805615F\@BCL@7805615F.docx P120 Page 2 Agenda Item for 5-2-17 BCC Meeting Sector 3 Beach and Dune Restoration Project April 12, 2017 RECOMMENDATION Staff recommends the Board approve the release of all withheld retainage under Work Order No. 13 in the amount of $4,995.33. ATTACHMENT CB&I Coastal Planning and Engineering, Inc. Invoice No. 290845 -RI -00636 — Dated April 3, 2017 APPROVED AGENDA ITEM: FOR MAY 2 2017 C:\Users\GRANIC-1\AppDataTocal\Temp\BCL Technologies\easyPDF 7\@BCL@7805615F\@BCL@7805615F.docx P121 C13'i James Gray Indian River County Public Works- Coastal Engineering Division 1801 27th Street, Building A Vero Beach, FL 32960 Billing Period: through 1131117 Consultant's Project # 636214309 Professional Engineering Services Invoice for: Indian River County Sector 3 2018 Physical Monitoring Services Work Order # 13 CB&I Coastal Planning & Engineering, Inc. 2481 NW Boca Raton Blvd. Boca Raton, Fl- 33431 Tel: +16613918102 Fax: +1 561 391 9116 www.CBI.com 2/27/2017 Invoice # 290845 -RI -00636 RETAINAGE INVOICE Sub -Total: $49,953.30 $49,953,30 $49,963,30 $0,00 TOTAL CURRENT DUE THIS INVOICE ............................. $4,995.33 Please Mail Check To: CB&I Coastal Planning & Engineering, Inc. 39001 Treasury Center Chicago, IL 60694-9000 TOTAL RETAINAGE WITHHELD: KET— $4,996.33 $4,995.33 INDIAN RIVER COUNTY PUBLIC WORKS APPfAVED- WE DIRECTOR DIV. AAD P.O. # 10 005—OSOCA UNNIIIIIIIII 10% CONTRACT AMOUNT PREVIOUSLY AMOUNT DUE RETAINAGE TASK AMOUNT COMPLETE COMPLETED BILLED THIS PERIOD DUE Survey Data Review and Handling $2,326.00 100% $2,326.00 $2,326.00 $0.00 $232.50 Shoreline Change Analysis $2,590.00 100% $2,590.00 $2,690.00 $0.00 $259.00 Volume Change Analysis $3,700.00 100% $3.700.00 $3,700.00 $0.00 $370.00 Sand Characterization & Analysis $2,350.00 100% $2,350.00 $2,350.00 $0.00 $235.00 Report Development $19,462.00 100% $19,452.00 $19,452.00 $0.00 $1,945.20 Rectified Aerials $16,326.30 100% $16,32630 $16,326.30 $0.00 $1,632.63 Third Party,UMAM Review $3.210,00 100% $3,210.00 $3,210.00 $0.00 $321.00 Sub -Total: $49,953.30 $49,953,30 $49,963,30 $0,00 TOTAL CURRENT DUE THIS INVOICE ............................. $4,995.33 Please Mail Check To: CB&I Coastal Planning & Engineering, Inc. 39001 Treasury Center Chicago, IL 60694-9000 TOTAL RETAINAGE WITHHELD: KET— $4,996.33 $4,995.33 INDIAN RIVER COUNTY PUBLIC WORKS APPfAVED- WE DIRECTOR DIV. AAD P.O. # 10 005—OSOCA UNNIIIIIIIII 636214309 April 3, 2017 James Gray Indian River County Public Works — Coastal Engineering Division 1801 27"' St., Building A Vero Beach, FL 32960 CB&I Coastal Planning & Engineering, Inc. Subject: Indian River County Sector 3 Beach Restoration Project and Dune Repair Project Post Construction Physical Monitoring Services - 2016 Work Order #13 CB&I Invoice #290845 -RI -00636 2481 NW Bop Raton Blvd. Boca Raton, FL 33431 Tel: +1 561 391 8102 Fax: +1 561 391 9116 www.CBI.com Dear James: This letter is provided to support the release of retainage for payment in the amount requested under the subject invoice. CB&I has completed Tasks 1 through 7 as required under the work order referenced above. Provided that the County is in agreement that the scope of work has been fulfilled, it is requested that the retained amount be released for payment. Please feel free to contact us for additional information or clarification. Sincerely, ` Michelle Pfeiffer, P.E. Sr. Project Engineer CB&I Coastal Planning & Engineering, Inc. cc: Debbie Neese, CB&I Tom Pierro, P.E., D.CE, CB&I Will Reilly, P.E., CB&I P123 • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, County Engineer FROM: Nathan Ottoson, P.E., Project Engineer SUBJECT: Work Order No. 12—Engineering— Kim ley -Horn & Associates, Inc. 1St Street SW and 27th Avenue Intersection Signalization Improvement DATE: April 18, 2017 DESCRIPTION AND CONDITIONS On November 15, 2011, the Board of County Commissioners approved the Continuing Contract for Professional Services with Kimley-Horn & Associates, Inc. and on November 4, 2014, approved an Extension and Amendment of the Continuing Contract. The purpose of Work Order No. 12 is to provide design services for preparation of traffic signalization plans associated with the 1St Street SW and 27th Avenue intersection, which will consist of mast arm traffic signal poles, associated signal heads and signal operating plans for a lump sum amount of $23,140.00. FUNDING Funding is budgeted in Account No. 10215341-066510-05012 Traffic Impact Fees/District 3/15YStreet SW/27th Avenue Intersection in the amount of $23,140.00. RECOMMENDATION Staff recommends approval of Work Order No. 12 to Kimley-Horn & Associates Inc. authorizing design of traffic signalization plans for 1St Street SW and 27th Avenue and requests the Board to authorize the Chairman to execute Work Order No. 12 on their behalf for a lump sum amount of $23,140.00. ATTACHMENTS 1. Kimley-Horn & Associates, Inc. Work Order No. 12 DISTRIBUTION 1. Brian Good, P.E., Kimley-Horn & Associates, Inc. APPROVED AGENDA ITEM FOR MAY 2.2017 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@4805A134\@BCL@4805A134.doc P124 WORK ORDER NUMBER 12 1st Street SW and 27th Avenue Intersection Signalization Improvement IRC Project No. 1231 This Work Order Number 12 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 4' day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn & Associates, Inc.("Consultant"). EXHIBIT A SCOPE OF WORK The COUNTY desires to prepare traffic signalization plans associated with the 1st Street SW/ 27th Avenue Intersection Improvement Project. It is understood that the proposed signalization improvements will consist of a mast arm traffic signal assembly at the subject intersection which will be designed to meet current IRC and FDOT standards. It is understood that the proposed signalization design will be performed based upon the proposed IRC roadway geometry. The plans will include the design and layout of proposed signal poles, signal heads, video detection, conduit, and pull boxes. The plans will include all call outs, controller timing chart, signal head details, sign details, controller notes, signal operating plan, overhead street name sign design details, pole schedules, tabulation of quantities. The set of plans will include the following sheets: key sheet; tabulation of quantities; general notes; plan sheet; sign work sheets (if necessary) and mast -arm pole schedule. The COUNTY will provide geotechnical data necessary to support the mast -arm pole selection. The County agrees to provide (in a timely manner) the following material, data, or services as required in connection with the work to be performed under this Agreement; all of which information the CONSULTANT may use and reasonably rely upon: A. Provide the CONSULTANT with a geotechnical investigations, traffic counts, preliminary data or reports available, existing location surveys, topographic surveys, and related documents required to complete the construction documents. B. Provide the CONSULTANT with all available drawings, right-of-way maps, and other documents in the possession of the County pertinent to the project. C. The County shall make provisions for the CONSULTANT to enter upon public and private property as required for the CONSULTANT to perform his services. D. The County will promptly execute all permit applications and provide application and review fees necessary to expedite the acquisition of any local, state or federal permits made necessary by the project. P125 E. The County will pay for all permit fees. A. Traffic Sianalization Plans: Roadway set of plans shall consist of the following: Notes: P — Preliminary, C — Complete, but subject to change, F - Final The plans will be prepared based upon English units. Final digital design documents will be provided to the County in AutoCAD 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 PC's, PT's, curve radius, curve length and horizontal Pi's shall be included on the Plan or summarized in an alignment table. 3. Plans shall include spot grades adequate to describe any proposed grading. 4. Match lines shall not be located within the limits of an intersection. 5. If applicable, soil boring information shall be plotted on cross sections with soil classification and high season water table. 6. All quantities shall reference FDOT Pay Item Numbers. 7. All details shall reference FDOT Index Numbers. 8. All specifications shall reference to County and/ or FDOT Specifications for Road and Bridge Construction. Any deviations are special specifications not included in FDOT Specifications are required in the Technical Specifications. 60%, 90% and 100% Plan Submittals shall include the following: i. 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, final submittal shall include .dwg files. iv. The CONSULTANT will provide construction documents and calculations in sufficient quantity as required by the various reviewing agencies. P126 60% 90% 100% Cover Sheet C C F Summary of Pay Items P C F Summary of Quantities & General Notes P C F Signalization Plans P C F Construction Cost Estimate and Quantities C C F Notes: P — Preliminary, C — Complete, but subject to change, F - Final The plans will be prepared based upon English units. Final digital design documents will be provided to the County in AutoCAD 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 PC's, PT's, curve radius, curve length and horizontal Pi's shall be included on the Plan or summarized in an alignment table. 3. Plans shall include spot grades adequate to describe any proposed grading. 4. Match lines shall not be located within the limits of an intersection. 5. If applicable, soil boring information shall be plotted on cross sections with soil classification and high season water table. 6. All quantities shall reference FDOT Pay Item Numbers. 7. All details shall reference FDOT Index Numbers. 8. All specifications shall reference to County and/ or FDOT Specifications for Road and Bridge Construction. Any deviations are special specifications not included in FDOT Specifications are required in the Technical Specifications. 60%, 90% and 100% Plan Submittals shall include the following: i. 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, final submittal shall include .dwg files. iv. The CONSULTANT will provide construction documents and calculations in sufficient quantity as required by the various reviewing agencies. P126 B. Utility Coordination: The CONSULTANT will coordinate with franchise utility operators in the vicinity of the project such that the proposed construction activities can be developed to minimize impacts to existing utilities located within the project limits. Any utility permitting and relocation design required to accommodate the proposed improvements will be addressed as an additional service relative to this scope of work. 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 Traffic Signalization Plans $ 20,360 Utility Coordination $2,780 Project Total $ 23,140 TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately twelve (12) weeks from the Notice to Proceed (NTP). NTP Upon BOCC Approval Phase I Submittal (60% Design Plans) 4 weeks following NTP Phase II Submittal (90% Design Plans) 8 weeks following NTP Phase III Submittal (Final Design Plans) 12 weeks following NTP The project schedule provides for two (2) weeks for COUNTY submittal review following the Phase I and Phase II submittals. P127 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 a bove. CONSULTANT: BOARD OF COUNTY COMMISSIONERS KIMLEY-HORN & ASSOCIATES, INC. OF INDIAN RIVER COUNTY By: By: Joseph E. Flescher, Chairman Title: Senior Vice President BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney P128 e CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., PMP, County Engineer SUBJECT: Work Order No. 2, Masteller & Moler, Inc. IRC Courthouse Judges Security Upgrades DATE: April 20, 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. The purpose of Work Order No. 2 is to provide post -design services, including electrical, mechanical & structural engineering inspection & certification for exterior security improvements to the County Courthouse for the Judges. Work Order No. 2 is for a total lump sum amount of $26,432.50. FUNDING Funding'is budgeted in the Court Facilities Management Fund/Courthouse Judges Security, Account No. 14022019-066510-16033 in the amount of $4,555.00 with the balance of $21,877.50 coming from Account No. 31522019-066510-16033 Optional Sales Tax/Facilities Maint/Courthouse Judges Security for a total of $26,432.50. RECOMMENDATION Staff recommends approval of Work Order No. 2 to Masteller & Moler, Inc. authorizing the above- mentioned professional services as outlined in the attached Scope of Services (Exhibit A -D) and requests the Board to authorize the Chairman to execute the attached Work Order No. 2 on their behalf fora total lump sum amount of$26,432.50. ATTACHMENTS Work Order No. 02 DISTRIBUTION Masteller & Moler, Inc. APPROVED AGENDA ITEM FOR MAY 2, 2017 C:\Users\GRANIC-1WppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@B0057041\@BCL@80057041.doc P129 Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-77.8-9391 Project: WORK ORDER NO. 2 (Engineering) FOR PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL CIVIL ENGINEERING SERVICES CONTRACT WITH Masteller & Moler, Inc. IRC COURTHOUSE JUDGES SECURITY UPGRADE — IRC Project No. 1621 CONSTRUCTION SERVICES This Work Order No. 2 is in accordance with the existing AGREEMENT dated November 0 2014 between Masteller & Moler, Inc. (ENGINEER) and Indian River County (COUNTY). This Work Order No. 2 amends the agreement as follows: SECTION 1 - PROJECT LIMITS This Work Order No. 2 is for the ENGINEER to provide for professional services during construction of the Indian River County Courthouse Judges Security Upgrade project. SECTION II - SCOPE OF SERVICES We shall perform the following tasks to ensure that construction is in compliance with permits and approvals: Bidding Assistance: Masteller & Moler, Inc., and our sub -consultants ML Engineering, Treasure Coast Engineering, and Lucido & Associates will provide professional services to Indian River County (Owner) during the project's bidding process generally including the following: 1. Preparation for and attendance at a mandatory pre-bid meeting and preparation of a letter of response to include in an addendum, if needed. 2. Research and responses to bidders' questions to be incorporated into written addenda during the bidding process, if needed. 3. Review submitted bids, evaluate for correctness and completion, contact references (if applicable), and provide Letter of Findings and Recommendation of Contract Award. Note: Bidding assistance does not entail review of proposed substituted equipment. If proposed by bidding contractors, a separate amendment may need to be provided for our review services. Pre -Construction Meeting / Shop Drawing Review: We will coordinate with the selected Contractor and his sub -contractors and Indian River County (Owner) Personnel to set up a pre - construction meeting. We shall review all shop drawings and submittals for site work construction as designed by us and our sub -consultants. Specifically, our sub -consultant ML i i P130 IRC Work Order No. 2 IRC COURTHOUSE JUDGES SECURITY UPGRADE — IRC Project No. 1621 Page 2 of 5 Engineering will review concrete mix design, masonry and accessories, and reinforcing; and our sub -consultant Treasure Coast Engineering will review the electrical systems designed for this project. Upon review of shop drawings, we will provide our findings to the Owner. Upon final approval by the Owner, we shall provide the approved shop drawings to the Contractor for construction. On -Site Construction Observation: During construction of the site improvements by the Contractor, we shall perform sufficient construction observation at our discretion on an as - needed basis such that we can certify the construction of the project improvements. Our proposal is based on the assumption Indian River County (Owner) and/or the contractor will be responsible for the performance of all testing including density testing and concrete cylinder testing. We will need to be provided with all testing results in written format. The objectives that will be observed and verified are as follows: a. Demolition b. Curbs c. Gate Installation d. Sidewalk Parking coordination during construction relative to the current parking lot occupants is not included in this Work Order. It is understood it will be the Owner's and/or Contractor's responsibility to coordinate parking arrangements during construction. Our sub -consultant ML Engineering will perform construction observation, limited to four (4) on- site visits for: a. Foundation pre -pour: Verify compaction requirements are met, reinforcing size, quantity and placement. b. Masonry walls: Verify and beam reinforcing, masonry placement, grouting and wall joints. c. Concrete slab: Verify compaction requirements are met and reinforcing. Our sub -consultant Treasure Coast Engineering will perform construction observation on an as - needed basis such to verify the electrical is constructed in conformance with the permitted plans and specifications. Our sub -consultant Lucido & Associates will perform construction observation as follows: a. Attend up to two (2) site visits to observe landscape installation and wall aesthetic elements; b. Upon notification of completed landscape installation, attend one (1) walk-thru with Client and Contractor to witness installed landscape material, wall aesthetic elements and issue one (1) punch list if necessary; - c. Upon full and complete landscape installation and wall aesthetic element installation, attend one (1) final walk-thru with Client and Contractor. Full-time resident construction observation is not required and therefore not included. Upon completion of construction, Masteller & Moler, Inc. must be provided with As -Built surveys to confirm proper horizontal and vertical alignment of project improvements. The As -Built survey is typically provided by the Contractor's Surveyor (licensed in the State of Florida) and must be provided in AutoCAD format and black line with reference to State Plane Coordinates P131 IRC Work Order No. 2 IRC COURTHOUSE JUDGES SECURITY UPGRADE— IRC Project No. 1621 Page 3 of 5 as required by Indian River County. We shall also review test results to be provided to our office by the Contractor. We will provide our findings of said reviews to the Owner. While reviewing the as -built survey and test results, we shall conduct an initial walk-through and develop a punchlist of construction deficiencies. Our punchlist shall be provided to the Owner for review and approval. Upon Owner's approval of said punchlist, we shall provide the punchlist to the Contractor in order that the deficiencies may be corrected. It is understood the Owner may develop an independent punchlist as well. Once the Contractor has satisfactorily corrected the punchlist items and we are confident the site has been constructed in compliance with permit approvals based on our review of the site, as -built survey, and test results, and the Owner is satisfied with corrections, we shall submit a Certification of Construction Completion to the City of Vero Beach and request final inspection. In the event the City Inspector prepares a punchlist, we will provide said punchlist to the Owner and Contractor in order that the deficiencies may be corrected. Once the City's punchlist has been resolved to the Owner's and our satisfaction, we shall notify the City the site is ready for re -inspection. The As -built survey is not included in our fees. Daily and Periodic inspections of erosion control devices and reports required by the NPDES General Permit are the Responsibility of the Contractor and are not included in this proposal. Engineering Certifications: Upon completion of the project and review of As -Built and Testing results to confirm proper construction, Certifications will be prepared as follows: 1. Engineer's Certification to COVB Engineering Department 2. Engineer's Certification to COVB Planning Department 3. Engineer's Certification of Completion to Owner 4. Landscape Architect's Certification of Inspection and Material 5. Structural Engineer's Certification of Completion 6. Electrical Engineer's Certification of Completion Any and all items not specifically set forth excluded items include but are not limited to: builts, and parking coordination. SECTION III - COMPENSATION in this Work Order are excluded. Specifically testing of any kind, construction stake -out, as - The COUNTY agrees to pay, and the ENGINEER agrees to accept a total lump sum of $26,432.50 for the above-described services rendered as identified in Sections I and II of this Work Order No. 2 based on the following: Services During Project Bidding $ 4,587.50 Masteller & Moler, Inc. $ 2,000.00 ML Engineering, Inc. ($900.00 x 1.15) $ 1,035.00 Treasure Coast Engineering ($700.00 x 1.15) $ 805.00 Lucido & Associates ($650.00 x 1.15) $ 747.50 P132 IRC Work Order No. 2 IRC COURTHOUSE JUDGES SECURITY UPGRADE — IRC Project No. 1621 Page 4 of 5 Pre -Construction Meeting / Shop Drawing Review $ 5,450.00 Masteller & Moler, Inc. $ 2,000.00 ML Engineering, Inc. ($1,650.00 x 1.15) $ 1,897.50 Treasure Coast Engineering ($700.00 x 1.15) . $ 805.00 Lucido & Associates (650.00 x 1.15) $ 747.50 Project Construction Administration $ 16,395.00 Masteller & Moler, Inc. $ 8,000.00 ML Engineering, Inc. ($2,600.00 x 1.15) $ 2,990.00 Treasure Coast Engineering ($2,500.00x '1.15) $ 2,875.00 Lucido & Associates ($2,200.00 x 1.15) $ 2,530.00 All and/or any additional services not described hereon shall be pre -approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the ENGINEER. The AGREEMENT is hereby mended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this day of 20_ CONSULTANT: MASTELL OLER, INC By: �� By: Stephen E. Moler'_Pc Title: Vice President 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 P133 M ., M rs. MASTELLER & MOLER, INC. CIVIL. ENGINEERS EXHIBIT "A" — MASTELLER & MOLER, INC. FEE BREAKDOWN Service durina Proiect Biddin Pre -Bid Meeting Preparation &Attendance $ 1,200.00 Research & Response(s) to Questions $ 400.00 Review & Evaluate Submitted Bids $ 400.00 Sub -total $ 2,000.00 Pre -Construction Meeting / Shop Drawing Review Pre -Construction Meeting Preparation, Coordination & Attendance $ 1,000.00 Shop Drawing Review & Coordination $ 1.000.00 Sub -total $ 2,000.00 Proiect Construction Administration On -Site Construction Observation (approx. 25 hours) $ 2,575.00 Progress Meetings (approx, 6) $ 900.00 Partial Pay Reviews $ 900.00 Sub -Consultant Coordination $ 2,275.00 Project Close-out Coordination & Certifications $ 1.350.00 Sub -total $ 8,000.00 Total $ 12,000.00 P134 M L Engineering Inc. 2030 371 Avenue Vero Beach, Florida 32960 Phone: (772) 569-1257 Fax: (772) 569-4041 EXHIBIT "B" — M L ENGINEERING, INC. FEE BREAKDOWN April 12, 2017 Mr. Steve Moler, P.E. Masteller & Moler, Inc. 1655 27' Ave. Suite 2 Vero Beach, Florida 32960 Re: IRC Courthouse — Construction Administration Vero Beach, Florida Engineer's Project 16-210A Dear Steve: We are pleased to provide you with this proposal for structural engineering services on the above project. Our scope of work will be to provide construction administration services for the structural portion of the work for the proposed masonry screen walls at the East parking lot. Scope of Work includes: I Pre-bid meeting 2 Bid reviews 3 Pre -construction meeting 4 Submittal review of the following: a. Concrete mix design b. Masonry and accessories c. Reinforcing 5 Construction observation, limited to (4) on-site visits for the following: a. Foundation pre -pour. Verify compaction requirements are met, reinforcing size, quantity and placement b. Masonry walls. Verify and beam reinforcing, masonry placement, grouting and wall joints c. Concrete slab. Verify compaction requirements are met and reinforcing 6. Payment reviews 7. Final inspection The following services are not included in our scope: 1. Concrete or other material testing 2. Soil or compaction testing 3. Surveys 4. Permit fees P135 IRC Courthouse -Construction Administration Vero Beach, Florida April 12, 2017 Page 2 of 3 Engineer's Project 16-210A Fees We propose to provide the above-described services for the fees listed below which will be invoiced as a lump sum upon completion or monthly based on .a percentage of completion. .1. Pre-bid meeting 2. Bid reviews 3. Pre -construction meeting 4. Submittal review 5. Construction observation 6. Payment reviews 7. Final inspection Total $ 450.00 $ 450.00 $ 450.00 $ 1,200.00 4 @ $400/ea $ 1,600.00 3 @ $200/ea $ 600.00 1 @ $400 400.00 $ 5,150.00 If additional engineering services are requested our services can be provided and billed at the following hourly rates. If there are substantial revisions at any time during the evaluation and design of the project that may affect our proposal, we will notify you prior to making such changes. Administration $ 45.00 ACAD Technician $ 75.00 Inspector $ 80.00 Structural Engineer $ 150.00 Schedule Our schedule for completion will be based upon receiving substantially completed information as described above in a timely manner, which will allow us to provide these services in a time -frame which can be mutually agreed upon. Should you require further information or clarification, please call. Respectfully, A. Lue, P.E. ng Engineer Accepted this day of , 2017 Signature 2 P136 IRC Courthouse -Construction Administration Vero Beach, Florida April 12, 2017 Page 3 of 3 Engineer's Project 16-210A ATTACHMENT `A' PROPOSAL/CONTRACT FOR ENGINEERS SERVICE ACCEPTANCE: The time for acceptance of the afore going proposal is limited to thirty (30) days from the date of the proposal. If not accepted within that timeframe, the proposal will be withdrawn by ML Engineering, Inc., after which a new proposal must be negotiated by the parties. II. INDEMNIFICATION: As a separate and distinct consideration for this indemnification agreement hereunder, the consideration of which is $100.00, the receipt of which is acknowledged by the party with whom ML Engineering, Inc. is contracting hereunder, that party agrees to indemnify and hold ML Engineering, Inc. harmless from any and all claim and causes of action arising out of the work of ML Engineering, Inc. arising out of the work performed or to be performed by the party with whom ML Engineering, Inc. is contracting hereunder, or any other contracting parties' agents, affiliates, subsidiaries or assigns, excepting only such actions, claims or lawsuits arising out of the gross negligence of MI, Engineering, Inc., its affiliates, subsidiaries, officers and employees. III. THIRD PARTY BENEFICIARY: This agreement is entered into for the exclusive benefit of the parties, and the parties expressly disclaim any intent to benefit anyone not a party. IV. LATE PAYMENT: All payments called for under the terms and conditions of this proposal will bear simple interest a 1-1/2% per month. V. GOVERNING LAW AND VENUE: This agreement is to be governed by the laws of the State of Florida and the venue in the event of any litigation shall be Indian River County, Florida. VI. LIABILITY: The liability of ML Engineering, Inc. for damages arising out of its performance for any mistake, mission interruption, delay, error or defects in the providing of its services set forth herein or any portion of its services, occurring in the course of performing this agreement, shall in no event exceed the amount of the contract for services. VII. TERMINATION FOR CAUSE: ML Engineering, Inc. has the right to terminate the contract for cause, which includes any of the following events: 1. Failure to make timely payments. 2. Failure to respond to ML Engineering, Inc.'s written request for information or decisions. 3. If ML Engineering, Inc. verily believes that the work requested will result in a structure or design that is not viable. In the event of the above one or more grounds for termination for cause, ML Engineering, Inc. shall give a seven day written notice, and if the grounds for termination are not corrected within the seven days, ML Engineering, Inc. has the right to terminate the contract. VIII. ATTORNEY FEES: If either party brings a lawsuit in order to enforce or interpret the provisions of this agreement, the prevailing party should be entitled to reasonable attorney fees in additional in addition to any other relief to which that party may be entitled. P137 TkEASURE COAST leiI INEERING Your Electrical Design Consultant EXHIBIT "C" —TREASURE COAST ENGINEERING, INC. FEE BREAKDOWN Masteller & Moler, Inc. Steve Moler 1655 27th St., #2 Vero Beach, FL 32960 Reference: Indian River Courthouse Wall/Gate Construction Administration Indian River County, Florida Dear Steve, 4/12/2017 In response to your request, the following is Treasure Coast Engineering, Inc's (Consultant) proposal to provide the Construction Administration services on the above referenced project. 1. Pre -Bid Meeting: $ 450.00 2. Bid & Shop drawings review: $ 500.00 & Pre -Construction Meeting: $ 450.00 4. Construction observation, partial payment reviews $ 1,500.00 not to exceed: 5. Final Inspection at end of project to confirm electrical system is installed and properly working $1,000.00 with signed and seal letter certifying the completion of work. If anything is found that needs to be addressed outside this proposal it shall be billed at an hourly rate of $150/hr once approved by you. Please don't hesitate to call me with any questions or concerns that might affect this proposal. This quotation for design services is valid for sixty (60) days from the date of this proposal. 4925 13th Lane - Vero Beach, FL 32966 772-567-1007 . FAX 772-567-1084 CA# 27181 www.tce.eng.pro P138 Additional Services may be provided after execution of this Agreement, without invalidating the Agreement. Invoices shall be submitted monthly and are due upon receipt. Unless otherwise agreed upon, 100% of the design services will be invoiced upon delivery of the sign & sealed permit construction drawings. Invoices shall be considered past due if not paid within thirty (30) days of the invoice date. If the Client should fail to pay any invoice within thirty (30) days of the due date, the Consultant reserves the right to discontinue work on the project. All deposits or invoices paid to the Client from your client no matter what that particular service was shall have a reasonable and proportional percentage of that payment used to pay any outstanding invoice from the Consultant. If payment is not received within sixty (60) days of the invoice date, the Client shall pay as interest an additional charge of one -and -one-half (1.5%) percent (or the maximum allowable by law, whichever is lower) of the PAST DUE amount per month. Payment thereafter shall first be applied to interest accrued and the remainder to principal. Further, the Consultant will have the option of notifying the property owner of possible lien on their property because of lack of payment from the Client. In the event legal action is necessary to enforce the payment provisions of this Agreement, the Consultant shall be entitled to recover reasonable attorney's fees, court costs and expenses in connection therewith and for the reasonable value of the Consultant's time and expenses spent in connection with such collection action computed at the Consultant's prevailing fee schedule and expense policies. We appreciate. the opportunity to offer this proposal and hope we can be of assistance to you in the near future. Please sign below indicating your acceptance of this proposal. Thank you, Bryan enks, , LEED AP By signing below, you accept the terms of this proposal: Client: Masteller & Moler, Inc., Steve Moler Date Page 2 P139 Reimbursable Items Our proposal design fees do not include reimbursable expenses. All drawings shall be printed at our office and delivered to Client. Items requested by Client shall be billed at the following rates: A. Travel expenses- actual cost with a 1.2 multiplier. B. Reproductions ($0.25 per square foot), postage, and deliveries - actual cost with a 1.2 multiplier. Hourly Rates for Additional Services Our hourly rates for additional services shall be billed at the following rates: A. Engineer $150.00 per hour C. Drafter$ 60.00 per hour B. Designer $ 80.00 per hour D. Admin $ 40.00 per hour Limitation of liability The aggregate liability of Treasure Coast Engineering, Inc., in any Client claim, shall not, under any circumstance, exceed the payment, if any, received by Treasure Coast Engineering, Inc. for the services furnished or to be furnished, as the case may be, which is subject of the claim or dispute. In no event shall Treasure Coast Engineering, Inc. be responsible for incidental or consequential damages, however caused. Physical Construction of Project When services are provided during construction under this proposal, d is understood that the Consultant shall not be in charge of or be responsible for the Contractor's methods of construction, construction forces or equipment, construction progress, Contractor's safety procedures or information as to the status of the Contractor's payment of his bills for labor and/or materials used on the Project. Ownership of Documents All plans, specifications, computer files, field data, notes and other documents and instruments prepared by the Consultant shall remain the property of the Consultant and may not be used by any others without the written consent of the Consultant, including the copyright thereto. The Client shall be expressly prohibited from making any further use of the construction documents for any purpose, including, but not limited to, the conversion for another purpose. This provision shall survive termination of this Agreement. Termination of Agreement This agreement is subject to termination by the Client upon seven (7) days written notice. In the event of any termination, the Consultant will be paid for all services rendered to the date of termination. Upon written request, the Consultant will supply one copy of all documents related to the Project. Additional services Revisions due to owner comments or revisions which occur after permit submission completion (including addressing permit comments) will be treated as additional services and invoiced accordingly. Severability Should any term and condition be declared illegal or otherwise unenforceable, it shall be severed from the remainder of this agreement without affecting the legality of enforceability of the remaining portions. Indemnity The Consultant agrees to indemnify for only the damages that flow from the Consultant's own negligence or from that of the Consultant's sub - consultants. Standard of Care The Consultant is to be held only to the standard of care of other similarly skilled and educated Consultants in the community. No other standards or warranties, expressed or implied, including warranties of marketability or fitness for a particular purpose apply. Mediation Any dispute under this agreement shall be submitted to final and non-binding mediation as follows: a. Each party shall bear the cost of its own attorney's fees, and b. The mediation hearing shall be held in Indian River County, Florida, unless the parties mutually agree to another location. c. Neither party shall commence or pursue any litigation on any claim under this Agreement until mediation has been demanded by a party and either the other party does not reasonably cooperate in the mediation process or the parties are still at an impasse following the mediation. Each party agrees that this requirement to mediate is reasonable, valid and enforceable. If any legal proceeding is necessary to enforce or interpret the provisions of this Agreement after mediation, the prevailing party shall be entitled to its reasonable attorney's fees and legal costs, In addition to any other relief to which such party maybe entitled. The venue for any legal action for the enforcement of this Agreement shall be in Indian River County, Florida, to the exclusion of all other venues. Treasure Coast Engineering, Inc. Please InittaCHere P140 'vb EXHIBIT "D" - LUCIDO & ASSOCIATES, INC. FEE BREAKDOWN Iu0- associates Land Planning / Landscape Architecture April 17, 2017 Mr. Stephen E. Moler; P.E. Vice President Masteller & Moler, Inc. 1655 27d' Street, Suite 2 Vero Beach., FL 32960 via email: semoler@bollsouth.net Consider this to be the original RE: IRC Courthouse Judges Security Upgrade Project— Proposal of Services for Post Design Services (LA REF NO. 17 370) Dear Mr. Moler. This agreement authorizes Lucido & Associates, hereinafter referred to as "Consultant," to provide to Masteller & Moler, Inc:, hereinafter referred to as "Client" with post design services IRC Courthouse Judges Security Upgrade project located in Indian River County FL. SCOPE OF SERVICES • Coordination with Client and Contractor during bidding of work to include review of contractor- subrnitted shop drawings, RFI's .and proposed substitutions pertinent to our prepared documents only; • Attend up to two (2) site visits to observe landscape installation and wall aesthetic elements; • Upon notification to this office of completed landscape installation, attend one (1) walk-thru with Client and Contractor to witness installed landscape material, wall aesthetic elements and issue one punch list if necessary; • Upon full and complete landscape installation and wall aesthetic.element installation, attend one final walk-thru with Client and Contractor and issue landscape certification letter for Contractor's submittal to City/County prior to issuance of Certificate of.Occupaney. FEES: Fees shall be billed on an hourly basis, based on the billing rates included in this contract, and shall not exceed the estimated amount of Three Thousand Five Hundred ($3.500.00) dollars. Consultant shall not exceed the estimated fee without authorization from Client. Fees may be increased based on changes or additions.to the proposed Scope of Services. Fees shall be billed monthly on a percentage of completion basis, and are due upon receipt. 701 S.E. Ocean Bou evard Stuart. Florida 34994 W:772220.2100 tau: 772 223 0220 web' www lucidodesi0n.com 1 P141 Mr. Stephen Moler, P.E. LA # 17-370 IRC Courthouse Judges Security Upgrade April 17, 2017 Page 2 of 5 2017 HOURLY BELLING RATES President $235.00 Senior Designer $ 90.00 Senior Vice President $225.00 Executive Administrator $ 85.00 Vice President $195.00 Project Designer $ 80.00 Senior Landscape Architect $145.00 Bookkeeper $ 75.00 Senior Planner $135.00 Design Technician $ 65.00 Senior Project Manager $125.00 Administrative Assistant $ 55.00 Senior Planning Assistant $115.00 Technical Assistant $ 45.00 Environmental Specialist $105.00 Hourly rates arc valid for a period of thirty (30) days fmm date of proposal_ Hourly rates may change at the beginning of each calendar year based on annual review EXPENSES: Reimbursable expenses may include: reproduction, travel expenses, courier, telephone costs, and outside vendors, and shall be billed on a monthly basis in addition to professional services fees. All vendor reimbursable expenses shall be charged direct costs plus 15%. ADDITIONAL SERVICES: Additional services required as a result of substantial changes in the established scope of services, project program or concept; unforeseen constraints; new, revised or improper interpretations or applications by government staff or officials of local development regulations or Comprehensive Plan policies; revisions to plans or documents prepared by others not directly affiliated with Lucido and Associates; or as requested by the Client will be billed at either the hourly rates referenced herein or at agreed upon fixed fees. Additional services include, but are not limited to, planned unit development agreements; governmental applications for development approval not specifically listed herein; conceptual site plans, master plans, final site plans; phasing plans; meetings/site visits not listed in the scope of services; traffic analyses or review and coordination of traffic related issues; revising previously approved drawings; additional graphics, elevations, cross-sections, perspectives, color renderings or photo boards not specifically listed herein; tree surveys or mitigation plans; architectural services, review of architectural plans or coordination of architectural issues; engineering services, review of engineering plans or coordination of engineering issues; site lighting or electrical engineering; landscape designs, plans, or specifications; irrigation designs, plans, or specifications; structural plan; governmental or building permits; permit drawings; environmental surveys or review and coordination of environmental related issues; site visits during landscape installation to ensure design intent is met; and other such services (i.e. meetings, plans or processes) not otherwise listed in the scope of services. INSURANCE: The Consultant carries Worker's Compensation insurance, professional liability insurance, and general liability insurance. If the Client directs the Consultant to obtain increased insurance coverage, the Consultant will acquire such additional insurance, if obtainable, at the Client's expense. TERMS: Invoices shall be considered past due thirty (30) days from the date of billing. Work process shall stop after account is thirty.(30) days in arrears. In connection with any litigation, including appellate proceedings arising out of this Agreement, the prevailing party shall be entitled to recover any amounts due and/or unpaid, together with costs, interest and reasonable attorney's fees. In the event any invoice or any portion thereof remains unpaid for more than thirty (30) days following the invoice date, the Consultant may initiate collection and/or legal proceedings to collect the same. Any sum due the P142 Mr. Stephen Moler, P.E. LA # 17-370 IRC Courthouse Judges Security Upgrade April 17, 2017 Page 3 of 5 Consultant which is not paid within thirty (30) days after submission of an invoice shall bear interest at a rate of one and one-half percent (1-1 /2%) per month from the date of submission of the invoice until paid in full. If the Client objects to an invoice, it must advise the Consultant in writing providing its reasons within 14 days of receipt of the invoice, or the Client's objections will be waived, and the invoice shall conclusively be deemed due and owing. The parties acknowledge that a substantial portion of negotiations and anticipated performance of this agreement occurred or shall occur in Indian River County, Florida, and that, therefore, without limiting the jurisdiction or venue of any other federal or state courts, each of the parties irrevocably and unconditionally (a) agrees that any suit, action or other legal proceeding arising out of or relating to this Agreement may be brought in the courts of record of the State of Florida in Indian River County; (b) consents to the jurisdiction of such court in any such suit, action or proceeding; and (c) waives any objection which he or she may have to the laying of venue of any such suit, action or proceeding in such court. The Client understands and agrees that if all fees and reimbursable expenses are not paid, that after the conclusion and/or termination of the representation, the Consultant may report such non-payment to the appropriate credit reporting agencies. In addition, the Client understands and agrees that after the conclusion and/or termination of the representation, the Consultant may assign any unpaid fees and costs to an appropriate collection agency for collection, or initiate a collection action itself. All original drawings and information are to remain the property of the Consultant (all copies of drawings to be supplied to Client for their files). The Client will be provided with copies of final drawings and/or reports for information and reference purposes. Plans and documents are not to be used for Construction purpose without Consultant approval. Boundary survey shall be provided by Client in digital format in State Plane Coordinate System. All Consultant information and materials may not be used for the benefit of any third party without approval by the Consultant. Technical and pricing information in this proposal is confidential and the proprietary property of the Consultant, and is not to be disclosed or made available to third parties without the written consent of the Consultant. All plans, documents and graphics are to be considered accepted after submittal to the appropriate governing jurisdiction. The Consultant will not be responsible for Government Certification of our landscape designs or other associated planting or site problems if not contracted to provide site inspection services during plant installation. All conceptual, master and final site plans produced by the Consultant are diagrammatic and not to be used for construction purposes. All master and final site plans must be horizontally controlled and brought into compliance with regulatory site design standards by the Client's engineer for construction purposes. The obligation to provide further services under this Agreement may be terminated by the Client upon thirty (30) days written notice in the event of any substantial failure by the other party to perform in accordance with the tenors hereof through no fault of the terminating party. In the event of any termination, the Consultant will be paid for services rendered to the date of notice, all expenses subject to reimbursement hereunder, and other reasonable expenses incurred by the Consultant as a result of such termination. The fee and timing for the quote above is valid for a period of thirty (30) days from the date of this contract. P143 Mr. Stephen Moler, P.E. LA # 17-370 IRC Courthouse Judges Security Upgrade April 17, 2017 Page 4 of 5 In the event the Consultant's compensation under this agreement is a fixed fee, upon such termination, the amount payable to the Consultant for services rendered will be a proportional amount of the total fee based on the ratio of the amount of the work done, as reasonably determined by the Consultant, to the total amount of services which was to have been performed, less prior partial payments, if any, which have been made. Consultant shall not be responsible for, or liable for. 1. Changes to the Client -approved or submitted site plan or development application that may result from Client directives; changes to construction plans or surveys. 2. New, revised or improper interpretations or applications by government staff or government officials of development regulations or Comprehensive Plan policies. 3. Amendments to government approved final site plans that may result from platting requirements. 4. Delays to site plan or development applications or responses to staff reports that may be created by project team members, government agencies or any other unforeseen circumstances that may result from the development review process. 5. The quality of work or technical data and analysis provided by other project team members such as plans, documents, or electronic data prepared by the project engineer, surveyor, attorney, architect, traffic consultant, environmental consultant or others not employed by Lucido & Associates. This contract does not guarantee government approval of the development application. Consultant shall not be responsible for, or liable for, the denial of a government application based on failure to perform by project team member, or new, revised, or improper interpretations or applications of local development regulations or Comprehensive Plan policies by government staff or officials; or any other unforeseen circumstances that may result from the development review process. The Client acknowledges and agrees that land use matters at all levels of government are time consuming and unpredictable. The Consultant cannot guarantee success nor can the Consultant guarantee the timing of the governmental process. All time estimates, if any, are simply estimates based upon past experience and eventual time frames may vary considerably from any estimates given. The Consultant is not responsible for any time delays or damages to the Client because of any time delays regardless of the source of the delays. All fees charged by government are to be paid by the Client, regardless of the amount of the fee or the reason for the fee. The Consultant is not responsible for any fees charged by the government. The governmental process in land use matters may also involve the Client engaging other professionals to assist the Client. The Client is responsible for engaging all other professionals to assist the Client in achieving the Client's land use goals. The Consultant is not responsible for engaging other professionals, is not responsible for work product of other professionals and is not responsible for any fees of other professionals. The Consultant is not responsible for the government misinterpreting government regulations or making new interpretations of government regulations inconsistent with past interpretations. P144 Mr. Stephen Moler, P.E. LA #.17-370 IRC Courthouse Judges Security Upgrade :April 17, 2017 Page 5- of 5 SIGNATURE/RETAINER Please sign and return a copy of "the proposal to us along. Retain the original proposal for your records. Work will commence upon receipt of the executed proposal. APPROVED.AND ACCEPTED THIS DAY OF 11017. L• UCIDO & ASSOCIATES, LLP MASTELLER & MOLER, INC, By: Thomas Lucido &.Associates, P.A. a Florida Corporation Its Managing Partner c-- By:�- 13y: Th mas P. Luci ; RLA, ASLA Stephen Moler; P.E. WeNdent. Vice President SG/kpa P145 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: . Richard B. Szpyrka P.E., Public Works Director FROM: James W. Ennis P.E., County Engineer SUBJECT: Work Order No. 02 — Andersen Andre Consulting Engineers, Inc. CR512 Westbound Resurfacing (Roseland Road to US 1) and CR512 Eastbound Resurfacing (Easy Street to US 1) — Testing Services DATE: April 20, 2017 DESCRIPTION AND CONDITIONS On September 16, 2014, the Board of County Commissioners approved the annual agreement for Professional Geotechnical Services, with Andersen Andre Consulting Engineers, Inc. for various services including, but not limited to, field and laboratory construction materials testing in Indian River County. This agreement was amended and renewed by the Board of County Commissioners on September 20, 2016. The purpose of Work Order No. 2 is to provide laboratory testing and material engineering related services for the resurfacing of CR512 which includes the dual westbound lanes from Roseland Road to US -1 of CR512 and the eastbound lanes from Easy Street to US -1. Andersen Andre Consulting Engineer, Inc. submitted a proposal outlined in the attached Work Order No. 2 and Scope of Services (Exhibit A) for a not -to -exceed amount of $98,732.00. FUNDING Funding is budgeted in the Account No. 10921441-053360-15016 Secondary Roads/FDOT SCOP Grant/CR512 Resurfacing (Easy Street/US-1/Roseland Road) in the amount of $98,732.00. RECOMMENDATION Staff recommends approval of Work Order No. 2 to Andersen Andre Consulting Engineers, Inc. authorizing the above-mentioned professional services as outlined in the Scope of Services (Exhibit A) and requeststhe Board to authorize the Chairman to execute Work Order No. 2 on their behalf for a not -to -exceed amount of $98,732.00. ATTACHMENTS Work Order No. 2 Scope of Services (Exhibit A) DISTRIBUTION Andersen Andre Consulting Engineers, Inc. Deward Howard, Construction Coordination Manager APPROVED AGENDA ITEM FOR MaV 2"d. 2017 P146 WORK ORDER NUMBER 2 IRC -1139 CR512 WESTBOUND RESURFACING (ROSELAND ROAD TO US1) AND CR512 EASTBOUND RESURFACING (EASY STREET TO US1) This Work Order Number 2 is entered into as of this day of , 201J pursuant to that certain Annual Professional Geotechnical Engineering Services Agreement, dated September 23, 2014, and that certain Renewal and Amendment of Annual Professional Geotechnical Engineering Services Agreement entered into on the 20' day of September, 2016 collectively referred to as the "Agreement", by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Andersen Andre Consulting Engineers, Inc. ("Geotechnical Professional"). The COUNTY has selected the Geotechnical Professional to perform the professional services set forth on Exhibit A (Scope of Services), attached to this Work Order No. 2 and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframes more particularly set forth in Exhibit A, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. 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: Andersen Andre Consulting Engineers, Inc. By: Title: 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 P147 ANDERSEN ANDRE CONSULTING ENGINEERS, INC. Geotechnical Engineering Construction Materials Testing Environmental Consulting Indian River County Engineering Department 1801 27th Street, Building `A' Vero Beach, Florida 32960 Attention: Mr. James Ennis, P.E., PMP County Engineer AACE Proposal No. P17-758 (February 9, 2017) (April 19, 2017) Revised.1 April 21, 2017 EXHIBIT A Subject: PROPOSAL FOR CONSTRUCTION MATERIALS TESTING CR 512 WESTBOUND RESURFACING (ROSELAND ROAD TO US1) AND CR 512 EASTBOUND RESURFACING (EASY STREET TO USI) FM No. 431160-1-54-01 IRC PRoJEcT No. 1139 SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA Dear Mr. Ennis: Andersen Andre Consulting Engineers, Inc. (AACE) is pleased to present this proposal for construction materials testing services during the resurfacing of portions of CR512, as indicated above. The purpose of our services, as discussed further herein, will be to provide materials testing in general accordance with the project plans and technical specifications. BACKGROUND INFORMATION We understand that the proposed improvements to CR512 consist of refurbishing (through the Full Depth Reclamation (FDR) process) the dual westbound lanes from Roseland Road to USI (approximately 2.9 miles), and eastbound lanes from Easy Street to US1 (approximately 1 mile). Further, we understand that this is an FDOT Small County Outreach Program (SCOP). Therefore, based on our understanding of the project and on our conversations with the FDOT State Materials Office, the quality control measures listed in the FDOT's Developmental Specification T332 FxllDeptb Reclamation should be adhered to. A project duration of 180 days has been established by Indian River County (150 days to substantial completion). - Balance of page intentionally left blank - 834 SW Swan Avenue, Port St. Lucie, Florida 34983 Ph: 772-807-9191 Fx: 772-807-9192 www.aaceinc.com P148 CR 512 RESURFACING - FM No. 431160-1-5401 page -2- IRC PRojECT No. 1139 RACE Proposal No. P17-758 SCOPE OF SERVICES Based on the FDOT's Developmental Specification T332 and on our discussions with both, Indian River County representatives and FDOT representatives, we understand that required QC services will include the elements listed below IARC=Service to be performed by Indian River County, AACE=Service to be performed by Andersen Andre Consulting Engineers, Inc.) Preparation of an FDOT Earthwork Density Log Book for the limits of the project (RACE); Coordinate the delivery of roadway aggregate samples (asphalt + coquina base) to PRI Asphalt Technologies in Tampa, Florida for their determination of the job -specific Mix Design for the project, prior to construction commencing (MCE'or Selected Contractor): Field Testing of FDR Roadway Base and Shoulders: - Observations of pulverization of the road.I( RC). - Measuring the depth -of -mixing for every 250 SY - Obtaining samples of pulverized -road base for laboratory gradation testing at a frequency of one sample for every 3,000 SY (&ACEI. - Obtain one sample each day or each 1,500 SY for laboratory Marshall Stability testing (AACE) - Obtaining one sample each day for laboratory moisture/density relationship testing (RACE) - Performing one in-place field density test for every 1,000 SY of the compacted mixture 'WC81. - Measuring cross slopes of the compacted, approved mixture' in accordance with FDOT Section 330 MCI - Performing depth -verification measurements and in-place density testing on the Refurbished Stabilized ShouldersIj RCj. - Obtaining composite samples of the Refurbished Stabilized Shoulders at a frequency of one sample for every 2,000 LF for laboratory Limerock Bearing Value (LBR) testing (AACE). QC services during paving operations: - Verifying spread rates for tack and prime coatings1{ RCI. - Measuring temperature of asphalt IM. - Verifying spread rates of asphaltI( RC,). - Measuring cross -slopes of the paved surfaces,, I( RC),. - Obtaining roadway cores after paving operations for specific gravity (density) determination, gradation and asphalt content testing (AACE). Perform concrete testing services for non-structural~ concrete (water/cement ratio; no compressive strength testing is propose herein) (AACE). Enter relevant testing results into the FDOT's MAC Database I( RC), Based upon our understanding of the project plans and our prior experience with projects similar to this one, we estimate the cost of the services will be approximately $98,732.00. The actual cost of AACE's testing services will be a function of work actually performed in accordance with the attached unit fee schedule (in accordance with the continuing service contract between Indian River County and AACE, Contract #2014007). Contractor efficiency, methodology and changes in testing frequencies may affect the testing cost. We will notify you in advance if it appears that the cost estimate will be exceeded. P149 CR 512 RESURFACING - FM No. 431160-1-54-01 IRC PROJEcr No.1139 MACE Proposal No. P17-758 Page -3- To authorise us to proceed with this project, please execute and return to us a copy of the attached Project Agreement form or a Purchase Order number. If you have any questions or if we can provide any additional information, please feel free to contact us at your convenience. Best Regards, ANDERSEN ANDRE CONSULTING ENGINEERS, INC. David P. Andre, P.E. Principal Engineer Peter G. Andersen, P.E. Principal Engineer ANDERSEN ANDRE CONSULTING ENGINEERS, INC. WWW.AACEINC.COM P150 CR 512 RESURFACING - FM No. 431160-1-54-01 Page -4- IRC PROjECT No. 1139 RACE Proposal No. P17-758 FEE SCHEDULE ► ITEM #1: Preuaration of FDOT Earthwork Density Log Book • Project Engineer; 15 hours @ $95.00/hour......................................... $1,425.00 • Senior Project Engineer; 1 hour @ $110.00/hour.................................... 110.00 Item #1 Subtotal: ..................................... $1,535.00 • ITEM #2: Coordination of the Delivery and Testing Roadway Aggregate Samules by PRI Asphalt Technologies (Mix Design Determination) • Project Engineer; 6 hours @ $95.00/hour........................................... $570.00 • Senior Field Technician; 12 hours @ $55.00/hr....................................... $660.00 • PRT Mix Design Testing; 2 tests(') @ $6,800.00/test + 15% ........................... $15,640.00 • UPS Packaging and Ground Shipping(); Lump sum estimate ............................ $750.00 Item #2 Subtotal: .................................... $17,620.00 ITEM #3: Man -Hour Estimate (Field Testing of FDR Roadway Base and Shoulders and OC Services During Paving Operations) We understand that the majority of QC services will be performed by Indian River County personnel. Services that RACE will perform are detailed below. As indicated in a project addendum, our man-hour fee estimate is based on daytime work only. • In -Place Density Testing of FDR Mix and Refurbished Shoulders; - 100 tests @ $23.00/test (minimum 4 tests per hour, per trip) .......................... $2,300.00 • Non -Structural Concrete Testing - Senior Field Technician; 20 hours @ $55.00/hr......... $1,100.00 • Senior Field Technician (for Roadway Coring - 2 techs required for all coring); - 120 hours @ $55.00/hour ......................................................$6,600.00 • Snr. Project Engineer: - Limited Meeting Attendance - 3 meetings x 2 hrs./mg. x $110.00/hour ................. $660.00 - Project Coordination, review of testing results; 28 weeks x 1.5 hrs./week x $110.00/hour .$4,620.00 • Technical Secretary; 28 weeks x 1.5 hrs./week x $48.00/hour .......................... $2,016.00 Item #3 Subtotal: .................................... $17,296.00 ITEM #4: Structural Number of FDR Base Determinationo): • Roadway coring, - Twelve (12) coring mobilizations @ $100.00/day................................ $1,200.00 - Generator/core machine rental; 12 days @ $150.00/day ................... I ...... $1,800.00 - Senior Field Technician (for Roadway Coring - 2 techs required for all wring); 100 hours @ $55.00/hour ...................................................$5,500.00 • Project Engineer; 6 hours @ $95.00/hour........................................... $570.00 • PRI Structural Number Verification Testing; 12 tests @ $1,645.00/test + 15% ........... $22,701.00 • Technical Secretary; 20 hours @ $48.00/hour........................................ $960.00 • UPS Ground Shipping; Lump sum estimate ......................................... $500.00 Item #4 Subtotal: .................................... $33,231.00 ITEM #5: Laboratory Testine Estimate('): • Road Base Particle Size Analysis of Pulverized Base: 30 tests @ $95.00/test .............. $2,850.00 • Marshall Stability of FDR Mixture: 55 tests @ $130.00/test ............................ $7,150.00 • Moisture/Density Relationship Testing. 55 tests @ $85.00/test ......................... $4,675.00 • LBR Testing; 25 tests @ $295.00/test ............................................. $7,375.00 • Extraction/Gradation and Asphalt Content Testings); 20 samples @ $190.00/sample ...... $3,800.00 • Roadway coring; - 10 coring mobilizations @ $100.00/day........................................ $1,000.00 - Generator/core machine rental; 10 days @ $150.00/day .......................... $1,500.00 - Specific Gravity Testing of cored samples; 20 cores @ $35.00/core 700.00 Item #5 Subtotal: .................................... $29,050.00 PROTECT TOTAL: $98,73200 P151 CR 512 RESURFACING - FM No. 431160-1-54-01 page -5- IRC PRoJEcr No. 1139 RACE Proposal No. P17-758 NOTES: cI) Two aggregate samples are needed for mix design testing due to thicker asphalt being reported along a portion of the alignment. (2) UPS Ground shipping based on estimated weight of samples of 60 lbs. (3) We have assumed that coring of the FDR base course for Structural Number verification will performed on 12 separate occasions. (4) Laboratory testing quantities are based on the requirements listed in Section 330 of the Standard Specifications for Road and Bridge Construction, on the Developmental Specification T332 Full Depth Reclamation and on the estimated quantities listed on the Itemized Bid Schedule. (5) No asphalt plant testing/inspections are included within this proposal; we anticipate that the selected contractor will perform QC services at the plant. Only specific gravity testing of asphalt cores (obtained during paving operations) and gradation testing are included herein TERMS AND CONDITIONS (1) Unit rates apply to standard working days, Monday through Friday, 7:00 a.m to 6:00 p.m. Testing and hourly rates will be increased by 50% for weekend, holiday or after-hours services (i.e., services performed before 7:00 am or after 7:00 pm). Our man-hour rates as presented herein are based on day -time testing only. No allowances for nighttime work are reflected in our fee. (2) If our testing estimate for a specific work element is insufficient for that particular activity, resources from another work element can be used without prior authorization from the client as long as our total cost estimate is not exceeded. We will notify you in advance if it appears that the cost estimate presented in the attached unit fee schedule will be exceeded. (3) AACE has not been provided with the selected Contractor's proposed schedule (i.e.; paving days, FDR days, etc.). Therefore, man-hours and associated testing quantities are based on our experience with similar projects. Itis possible that our testing budget may require revision based on contractor efficiency, methodology and scheduling. (4) Soil sample and concrete cylinder pickup for laboratory testing (e.g., Proctor, LBR testing, compressive strength, etc.) will be billed at $55.00/hour if not scheduled with other work. (5) Our services do not include reviewing, monitoring or reporting any aspect of the required Maintenance of Traffic (M.O.T.) that may be required for this project. P152 ANDERSEN ANDRE CONSULTING ENGINEERS, INC. PROFESSIONAL SERVICES AGREEMENT AACE Proposal No: P17-758 Project Name: CR 512 Westbound Resurfacing (Roseland Road to US1) And Eastbound Resurfacing (Easy Street to USl) FM No. 431160-1-54-01 IRC Project No. 1139 Client: Indian River County Address: 1801 27th Street, Building `A' Attention: Mr. James Ennis, P.E., P.M.P. Vero Beach, Florida 32960 Client hereby requests and authorizes Andersen Andre Consulting Engineers, Inc. (i°AACE") to perform the following services: . Provide materials testing services during the CR512 Resurfacing Project, as described herein. Estimated Budget: $98,732.00 Payment Terme: Net 30 days from invoice date; invoices will be sent every four weeks for continued or extended projects. Interest charges, l'/z% per month following the due date. Proposal Acceptance: By accepting this Proposal, the Terms and Conditions of this Proposal; including the Terms on this page, and Andersen Andre Consulting Engineers, Inc.'s General Conditions appearing on the reverse side of this page are incorporated herein by reference. In the event this Professional Services Agreement was received by facsimile or via email, Client hereby confirms that the above described Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Andersen Andre Consulting Engineers, Inc.'s General Conditions have been made available and are incorporated in this agreement. PURSUANT TO FLORIDA STATUTES SECTION 558.0035 (2013) AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. Accepted by CLIENT: By; Name: Title: Date: Billing Address: Phone No. Accepted for AACE: Name: David P. Andre, P.E. Title: Principal Engineer Date: April 21, 2017 (REVISED) _ P153 GENERAL CONDITIONS I - Patties And Scope Of Work: Andersen Andre Consulting Engineers, Inc. (hereinafter referred to as "RACE') shall include said company, its individual professionals, particular division, subsidiary or affiliate performing the Work "Work" means the specific geotechnical, analytical, testing, environmental or other service to be performed by AACE as set forth in AACE's proposal, the Client's acceptance thereof, both incorporated herein by this reference, and these General Conditions. "Client" refers to the person or business entity ordering the Work to be done by AACE. If the client is ordering the Work on behalf of another, the Client represents and warrants that the Client is the duly authorized agent of said party for the purpose of ordering and directing said Work Further, Client shall disclose any such agency relationship to AACF in writing before the commencement of AACE's Work hereunder_ Client agrees thatAACE's professional duties are specifically limited to the Work as set forth in AACE's proposal. The Client assumes sole responsibility for determining whether the quantity and the nature of the Work ordered by the Client is adequate and sufficient for the Client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom the Client transmits any part of AACE's Work AACE's Work is for the exclusive use of Client, and its properly disclosed principal. In no event shall RACE have any duty or obligation to any third party. The ordering of Work from AACE shall constitute acceptance of the terms of AACE's proposal and these General Conditions. 2 - Scheduling of Woric I€ AACE is required to delay commencement of the work, or if, upon embarking on its work, AACE is required to stop, delay or otherwise interrupt the progress ofwork as a result of changes in the scope of work requested by the client, to fulfill the requirements of third parties, interruptions in the progress of construction, or other causes beyond the exclusive reasonable control of AACE, additional charges will be applicable and payable by the Client 3 - Responsibility: AACE's work shall not include determining, supervising, or implementing the means, methods, techniques, sequences or procedures of construction. RACE shall not be responsible for evaluating, reporting or affecting job conditions concerning health, safety or welfare. AACE's work or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the contract documents. 4 -Payment Payment shall be due within 30 days after date of invoice. Interest at the rate of 18% per annum (or the highest rate allowable by law) from 30 days after date of invoke to date payment is received will be added to all amounts not paid within 30 days after date of invoice. All attorney fees and expenses associated with collection of past due invoices will be paid by Client. 5 - Right -of -Entry: Unless otherwise agreed, Client will furnish right -of -entry on the property for RACE to make the planned borings, surveys, and/or explorations. AACE will take reasonable precautions to minimize damage to the property caused by its equipmentand sampling procedures, but the cost of restoration or damage which may result from the planned operations is not included in the contracted amount. If Client desires to restore the property to its former condition, AACE will accomplish this and add the cost to its fee. 6 - Damage to Existing Man -trade Objects: It shall be the responsibility of the Owner or his duly authorized representative to disclose the presence and accurate location of all hidden or obscure man-made objects relative to field tests, sampling, or boring locations. When cautioned, advised or given data in writing that reveal the presence or potential presence o f underground or overground obstructions, such as utilities, AACE will give special instructions to its field personnel. As evidenced by your acceptance of this proposal, Client agrees to defend, indemnify and save harmless AACE from all claims, suits, losses, personal injuries, death and property liability resulting from subsurface conditions or damages to subsurface structures or man made objects, owned by Client or third parties, occurring in the performance of the proposed work, whose presence and exact locations were not revealed to AACE in writing, whether such claims or damages are caused in whole or in part by AACF, and agree to reimburse AACF for expenses in connection with any such claims or suits, including reasonable attorney's fees. Chenes obligation to indemnify is limited to $1 million per occurrence,which Chentagrecs bears areasonablceommetcial relationship to the Work undertaken by AACF. Client farther agrees that these general conditions are a part of the Work's specifications or bid documents, if any. 7 - Warranty and Limitation of Liability: RACE shall perform services for Client in a professionalmanner, using that degree ofeare and skill ordinarily exercised by and consistent with the standards of competent consultants practicing in the same or a similar locality as the project. In the event any portion of the services fails to comply with this warranty obligation and AACE is promptly notified in writing prior to one year after completion of such portion of the services, AACE will re -perform such portion of the services, or if re -performance is impracticable, AACF will refund the amount of compensation paid to AACE for such portion of the services. This warranty is in lieu of all other warranties. No other warranty, expressed or implied, including warranties of merchantability and fitness for a particular purpose is made or intended by the proposal for consulting services, by furnishing an oral response of the findings made or by any representations made regarding the services included in this agreement In no event shall AACF be liable for any special, indirect, incidental, or consequential loss or delay or time -related damages. The remedies set forth herein are exclusive and the total liability of consultant whether in contract, tort (including negligence whether sole or concurrent), or otherwise arisingout of, connected with orresultitng from the services provided pursuant to this Agreement shall not exceed the total fees paid by Client or $50,000.00, whichever is greater. Client may, upon written request received within five days of Client's acceptance hereof, increase the limit of AACE's liability by agreeing to pact' AACF an additional sum as agreed in writing prior to the commencement of AACEa services. This charge is not to be construed as being a charge for insurance of any type, but is increased consideration for the greater liability involved. For services involving or relating to pollution, it is further agreed that the Client shall indemnify and hold harmless AACE and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct and indirect or consequential damages, including but not limited to fees and charges of attorneys and court and arbitration costs, arising out of or resulting from the performance of the work by RACE, or claims against AACE arising from the work of others. This indemnification provision extends to claims against AACF, which arise out of� are related to, or are based upon, the disposal, discharge, escape, release or saturation of vapors, fumes, acids, alkalis, toxic chemicals, liquids, gases or any other matedal, irritant, contaminant or pollutant in or into the atmosphere or on, onto, upon, in or into the surface or subsurface. Client's obligation to indemnify is limited to $1 million per occurrence, which Client agrees bears areasonable commercial relationship to the Work undertaken by AACE. Client further agrees that these general conditions are a part of the Work's specifications or bid documents, if any. 8 - Sampling or Testing Location: Unless specifically stated to the contrary, the fees included in this proposal do not include costs associated with professional land surveying of the site or the accurate horizontal and vertical locations of tests. Field tests or boring locations described in our report or shown on our sketches are based on specific information furnished to us by others or estimates made in the field by our technicians. Such dimensions, depths or elevations should be considered as approximations unless otherwise stated in the report 9 - Sample Handling and Retention: Generally test samples or specimens are consumed and/or substantially altered during the conduct of tests and RACE, at its sole discretion, will dispose (subject to the following) of any remaining residue immediately upon completion of test unless required in writing by the Client to store or otherwise handle the samples. (a) NON HAZARDOUS SAMPLES: At Client's written request, AACF will maintain preservable rest samples and specimens or the residue therefrom for thirty (30) days after submission of AACE's report to Client free of storage charges. After the initial 30 days and upon written request, AACE will retain rest specimens or samples for a mutually acceptable storage charge and period of time. (b) HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES: In the event that samples contain substances or constituents hazardous or detrimental to human health, safety or the environment as defined by federal, state or local statutes, regulations, or ordinances ("Hazardous Substances" and "Hazardous Constituents", respectively), AACF will, after completion of testingand at Client's expense: (1) return such samples to Client (n) using a manifest stgtmed by Client as generator, will have such samples transported to a location selected by Client for final disposal. Client agrees to pay all costs associated with the storage, transport, and disposal of such samples. Client recognizes and agrees that AACE is acting as a bailee and at no time does AACE assume tide of said waste. 10 - Discovery of Unanticipated Hazardous Materials: Hazardous materials or certain types of hazardous materials may exist at a site where there is no reason to believe they could or should be present AACE and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation ofthe scope of work or termination of services. AACE and Client also agree that the discovery of unanticipated hazardous materials may make it necessary for AACE to take immediate measures to protect health and safety. AACF agrees to notify Client as soon as practicable should unanticipated hazardous materials or suspected hazardous materials be encountered. Client encourages AACE to take any and all measures that, in AACE's professional opinion, are justified to preserve and protect the health and safety of AACE's personnel and the public. Client agrees to compensate AACE for the additional cost of working to protect employees' and the public's health and safety. In addition, Client waives any claim against RACE, and agrees to defend, indemnify and save AACE harmless from any claim or liability for injury or loss arising from AACE's discovery of unanticipated hazardous materials or suspected hazardous materials. Client also agrees to compensate AACE forany time spent and expenses incurred by AACF in defense of any such claim, with such compensation to be based upon AACE's prevailing fee schedule and expense reimbursement policy relative to recovery of direct project costs. 11- Joint and Several Liability: The concept of joint and several liability is basically this: When two or more parties are considered responsible for causing injury or damage, any one of tine parties may be made to provide compensation for as much as 100°10 of the damages assessed. When ajmplied to hazardous materials projects, itis possible that the concept of joint and several kability could be constnicd to make RACE pardy or wholly responsible for damages created directly or indirectly by the hazardous materials. Client agrees that it would be unfair for AACF to be exposed to such an action, because AACF had nothing whatsoever to do with the creation of the hazardous condition. Accordin,ggly Client valves any claim against AACF, and agrees to defend, indemnify and save AACF harmless from any claim or liabslitp far injury or loss arising from application of a joint and several liability concept tbat would, in any manner, hold or seek to hold AACE responsible for creating a hazardous condition or permitting one to exist Client also agrees to compensate AACE for any time spent and expenses incurred by AACE in defense of any such clarm,with such compensation to be based upon AACE's prevailing fee schedule and expense reimbursement policy relative to recovery of direct project costs. 12 -Legal Jurisdiction: The parties agree that any actions brought to enforce anyprovision of this Agreement shall only be brought in a court of competent jurisdiction located in St Lucie County, Florida. All causes of action arising out of AACE's Work shall be deemed to have accrued and the applicable statutes of limitation shall commence to run not latex than either the date of substantial completion of the Work for acts or failures to act occurring prior to substantial completion, or the date of issuance of final payment for acts or Failures to act occurring after substantial completion of the Work. 13 - Force Majeure: AACE shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by fire, flood, explosion, war, strike, embargo, government requirement, civil or military authority, acts of God, act or omission of subcontractors, carriers, client or other sunilar causes beyond its control. P154 Eo CONSENT AGENDA INDIAN RIVER COUNTY; FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Date: May 2, 2017 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Thru: Michael Zito, Assistant County Administrator From: Brad Bernauer, Director County Human Services Subject: HUD Grant Renewals for Homeless Management Information System (HMIS) and Continuum of Care (CoQ Program DESCRIPTION AND CONDITIONS: The Federal Department of Housing and Urban Development (HUD) will continue offering permanent supportive housing to persons experiencing homelessness as well as services including health care, and mental health counseling. Applications were submitted for Fiscal Year (FY) 2016 Continuum of Care (CoQ Program and were officially awarded. The grants are divided into. two categories: Supportive Housing Program Grants (HMIS) and Continuum of Care (formerly Shelter Plus Care) Program. The grants are administered by the Treasure Coast Homeless Services Council, Inc. ("TCHSC") in cooperation with the Human Services Division of the State Health Department and Indian River County. In the past, the County has advanced payment requests to the TCHSC upon receipt of a letter from HUD acknowledging the grants and prior to receipt of the actual grant renewal agreements. Last year, the Board of County Commission approved the reimbursement of funds advanced by the TCHSC following receipt of the award letters but prior to receipt of the renewal agreements. This year the TCHSC has agreed to withhold any reimbursement request until the grant renewals are received from the Jacksonville Office. C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@900527C4\@BCL@900527C4.doc P155 Page Two HUD Grant Renewals for of Care (CoC) Program Homeless Management Information System (HMIS) and Continuum FY 2016 Grant Renewal Projects FL0338L4HO91603 2016 CocTRA 2 $ 69,816 FL036OL4HO91607 2016 Indian River CHRONICS $ 91,344 FLO11914HO91609 2016 New Chronics Renewal $265,728 FL0113L4H091604 2016 COCwide TRA $ 94,272 FL0380L411091602 2016 Family Rental Assistance $ 88,116 FL0114L4H091609 2016 Alcohope Renewal $ 69,816 FL044OL4HO91605 2016 NEW HORIZONS TWO RENEWAL $107,232 F1011614HO91609 2016 HM IS Expansion Renewal $ 35,400 FL0418L411091604 2016 Data Quality Renewal $ 27,840 TOTAL: $ 849,564 FUNDING: These grants require NO MATCHING FUNDS from the county and there are no changes from previous years in the way the funds are disbursed. RECOMMENDATION: Staff recommends the Board: 1) Acknowledge the renewal of awards by HUD in the aggregate amount of $849,564. 2) Authorize the Budget Office to process reimbursement requests from the TCHSC pursuant to the terms of the original grants. 3) Approve the budget resolution amending the fiscal year 2016/2017 budget. ATTACHMENTS: U.S. Department of Housing and Urban Development letter of February 15, 2017 and list of conditionally obligated funds awarded. Exhibit A -Budget Resolution Q.AUsers\GRANIC-1\AppData\Loca1\Temp\BCL Technologies\easyPDF 7\@BCL@900527C4\@BCL@900527C4.doc P156 1U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ' t�lll WASHINGTON, DC 20410-7000 ��v orvfi� OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND'DEVELOPMENT February 15, 2017 Mr. Bradley Bernauer Director, County Human Services Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Dear Mr. Bernauer: Congratulations! I am delighted to inform you that the Fiscal Year (FY) 2016 Continuum of Care (CoC) Program project application(s) your organization submitted was selected for funding in the total amount of $849,564. The CoC Program is an important part of HUD's mission. CoCs all over the country continue to improve the lives of men, women, and children experiencing homelessness through their local planning efforts and through the direct housing and service programs funded under the FY 2016 CoC Program Competition. The programs and CoCs funded through the CoC Program continue to demonstrate their value by improving accountability and performance every year. HUD commends your organization for its work and encourages it to continue to strive for excellence in the fight against homelessness. The conditionally obligated funds for your award(s) are detailed in the enclosure, which lists: the name(s) of the individual project(s); the project number(s); and the specific amount(s) of the obligation(s) for each conditionally selected application. Your local field office will be sending a letter to provide your organization with more information about finalizing your award(s), including execution of your grant agreement(s). Your organization will be able to access these funds once all conditions are satisfied and the grant agreement is fully executed. Enclosure Sincerely, w Clifford Tat et General Deputy Assistant Secretary for Community Planning and Development i+mw.hud.gov espnnol.hud.gov P157 Enclosure F1,03381,41-1091603 2016 CoC TRA 2 $69,816 F1,03601,41-1091607 2016 Indian River CHRONICS $91,344 FLO119L4HO91609 2016 New Chromics Renewal $265,728' FL0113L4HO91604 2016 COCwide TRA $94,272 FL0380L4H091602 2016 FAMILY RENTAL ASSISTANCE $88,116 FLO114L4H091-609 2016 Alcohope Renewal $69,816 FL0440L4H091,605 2016 NEW HORIZONS TWO RENEWAL $107,232 FLO I 16L4HO91609 2016 HMIS Expansion Renewal $35,400 FL0418L4H091604 2016 Data Quality Renewal $27,840 Total Awarded: $849,564 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: April 21, 2017 Subject: Miscellaneous Budget Amendment 014 Description and Conditions The attached budget amendment appropriates funding necessary to fund the 2016 HUD Grant Renewals for Homeless Management Information System (HMIS) and Continuum of Care (CoC) Program totaling $849,564. P159 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 014 Entry Number Fund/ Department/Account Name Account Number Increase Decrease I. Revenue Intergovernmental Grants/HUD Grants/2016 COCwide TRA FL01131-41-1091604 136033-331601-17811 $94,272 $0 Intergovernmental Grants/HUD Grants/2016 Alcohope Renewa1FL0114L4H091609 1 136033-331601-7805 $69,816 $0 Intergovernmental Grants/HUD Grants/2016 HMIS Expansion Renewal FL0116L4H091609 136033-331601-17809 $35,400 $0 Intergovernmental Grants/HUD Grants/2016 New Chronics Renewal FL0119L4H091609 136033-331601-17807 $265,728 $0 Intergovernmental Grants/HUD Grants/2016 CoC TRA FL0338L4H091603 136033-331601-17812 $69,816 $0 Intergovernmental Grants/HUD Grants/2016 Indian River Chronics FL0360L4H091607 3 136033-31601-17808 $91,344 $0 Intergovernmental Grants/HUD Grants/2016 Family Rental Assistance FL0380L4H091602 136033-331601-17813 $88,116 $0 Intergovernmental Grants/HUD Grants/2016 Data Quality Renewa1FL0418L4H091604 136033-331601-17810 $27,840 $0 Intergovernmental Grants/HUD Grants/New Horizons Two Renewal FL030440L4H091605 136033-331601-17806 $107,232 $0 Total Revenue $849,564 Expense Intergovernmental Grants/HUD Grants/2016 COCwide TRA FI -01131-41-1091604$0 136163164-088871-17811 $94,272 Intergovernmental Grants/HUD Grants/2016 Alcohope Renewal FL0114L4H091609 13616364-036730-17805 $69,816 $0 Intergovernmental Grants/HUD Grants/2016 HMIS Expansion Renewal FL01161L41-1091609 13616364-088871-17809 $35,400 $0 Intergovernmental Grants/HUD Grants/2016 New Chronics Renewal FL0119L4H091609 13616364-088871-17807 $265,728 $0 Intergovernmental Grants/HUD Grants/2016 CoC TRA FL0338L4H091603 13616364-036730-17812 $69,816 $0 Intergovernmental Grants/HUD Grants/2016 Indian River Chronics FL0360L4H091607 13616364-088871-17808 $91,344 $0 Intergovernmental Grants/HUD Grants/2016 Family Rental Assistance FL0380L4H091602 13616364-036730-17803 $88,116 $0 Intergovernmental Grants/HUD Grants/2016 Data Quality RenewalFt-041181-41-10911604 13616364-088871-17810 $27,840 $0 Intergovernmental Grants/HUD Grants/New Horizons Two Renewal FL030440L4H091605 13616364-088871-17806 $107,232 $0 Total Expense $849,564 NM /d Al INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director THROUGH: John W. McCoy, AICP; Chief, Current Development FROM: Ryan Sweeney; Senior Planner, Current Development DATE: April 24, 2017 SUBJECT: Consideration of a Proposed Land Development Regulation Amendment to Chapter 913 (Subdivisions and Plats) Allowing Lot Splits for Commercial Property It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of May 2, 2017. BACKGROUND At its meeting of February 14, 2017, the Board of County Commissioners (BCC) directed staff to draft an amendment to the Subdivision Ordinance (Chapter 913) to provide a streamlined process for splitting commercial property (see attachment 1). During discussion at the February 14 BCC meeting, staff noted that many jurisdictions have minor subdivision processes and that staff could support a code change that would allow for commercial property splits with criteria. The current Subdivision Ordinance provides an allowance for a "one-time" split (i.e. from one parcel into two parcels) of property, regardless of zoning designation, that has not been previously split since July 23, 1983. However, if a property has been divided via a one-time split after July 23, 1983, then any further division of the resulting parcels must be reviewed and approved through the subdivision platting process. In order to allow for additional divisions of commercial property without going through the formal subdivision platting process, the Subdivision Ordinance needs to be amended. In response to the BCC's direction, staff has drafted a proposed amendment to the Subdivision Ordinance (Chapter 913). The proposed amendment provides for additional division of commercial property by filing an administrative approval (AA) site plan application, instead of the division(s) being reviewed and approved through the formal subdivision platting process. The proposed amendment will allow a commercial parcel or parcels to be divided regardless of whether the previous parcel or parcels were split after July 23, 1983, if certain criteria are met and site plan approval is granted (see the analysis section of this report for more details). P161 PLANNING AND ZONING COMMISSION ACTION At its April 13, 2017 meeting, the Planning and Zoning Commission (PZC) conducted a public hearing and considered the proposed ordinance. The PZC voted 4-0 to recommend that the BCC adopt the proposed ordinance with a minor revision to add one additional comma for clarification (see attachment #2). The suggested revision has been made to the proposed ordinance. The BCC is now to conduct a public hearing, consider the proposed ordinance, and approve, approve with modifications, or deny the proposed ordinance. ANALYSIS The current subdivision platting process is a multi -step process, and applies to both commercial and residential property. The first step is the pre -application conference meeting which involves review of the subdivision's conceptual layout and a determination of overall "big picture" requirements that may apply. The next step is the preliminary plat which provides the general layout and design of the subdivision, and requires Planning and Zoning Commission (PZC) review and approval. The third step is the Land Development Permit (LDP) which involves submittal of a detailed set of construction plans for all required infrastructure (e.g. roads, drainage improvements, utilities, and landscaping/buffering), and is reviewed and approved at the staff level. The final step is review and approval of the final plat which is a legal document that legally describes and divides the property into separate lots and tracts, and establishes easements, ownership and access rights, and maintenance obligations. Final plats require BCC approval. That approval is not granted until required infrastructure is either completed or substantially, completed with remaining items guaranteed by a posted security. The proposed regulation provides an optional site plan review process (see attachment #2) for commercial lot splits that will be an alternative to the subdivision platting process. Residential properties are not affected by the proposed amendment. For residential property, the expected end - product is a number of independent, buildable lots that are fully -served and supported by all necessary infrastructure; those items will continue to be addressed through the current platting process. Unlike conventional single-family residential property, development of commercial property is controlled by the site plan review and approval process. Thus, under the proposed amendment, commercial lot splits and associated layout and infrastructure requirements will be reviewed through the site plan review process, without the need for a full subdivision plat review, subject to certain conditions. As structured, the ordinance change will continue to allow a commercial property owner to go through the full subdivision platting process which can be advantageous for establishing common areas and easements, and for legally describing and marketing commercial building lots. If adopted, the new regulation will allow county staff to review and approve certain divisions of commercial properties through the site plan process, instead of the full subdivision platting process. It should be noted that the proposed commercial lot split site plan alternative will not completely replace formally platted commercial subdivisions. In practice, most divisions of large commercial properties will still be reviewed and approved through the subdivision platting process. Also, most changes or 2 P162 modifications to a previously platted common area (e.g. a stormwater tract) will require replatting through the subdivision replat process, per Florida's statutory plat requirements. The proposed regulation is separated into two subsections. One subsection governs the division of a platted commercial lot or tract (i.e. parcels that were previously created through the subdivision platting process), and the other subsection governs the division of an unplatted commercial parcel of record (i.e. existing parcels that were not previously created through the subdivision platting process). In both cases, each resulting parcel must meet applicable land development regulation (LDR) requirements for lot size, lot dimensions, and paved road frontage. For the division ofplatted lots or tracts, the resulting parcels must be served by existing adequate infrastructure (e.g. roads, drainage improvements, utilities) as provided with the original subdivision improvements, and development will be controlled via the lot split site plan and any subsequent site plan for development of the commercial lot. The other subsection addresses the division of unplatted commercial property. For unplatted parcels of record, each resulting parcel must exceed 1 (one) acre in size and be served by existing adequate infrastructure (such as provided by a previous site plan development) or by future infrastructure, including shared infrastructure, that will be identified during review of the lot split site plan and committed to via a recorded covenant that cannot be terminated or modified without County consent. As structured, development of unplatted commercial properties that go through the proposed process will be governed by the approved lot split site plan and any associated covenant deemed necessary to ensure future provision of adequate infrastructure at the time of development of the commercial lot. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed commercial lot split ordinance. ATTACHMENTS 1. February 14, 2017 BCC Agenda Item and Minutes 2. Draft April 13, 2017 PZC Minutes 3. Proposed Ordinance P163 February 14, 2017 ITEM 14.13.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: February 6, 2017 SUBJECT: Minor Subdivision Site Plan Ordinance FROM: Peter O'Bryan C--� Commissioner, District 4 . I would like to ask the Board to consider directing staff to draft an ordinance allowing for a minor subdivision site plan for commercial splits. Attachment 1 P164 Board of County Commissioners Meeting Minutes - Final 13. COUNTY ATTORNEY MATTERS 13.A 17-0140 Construction Board of Adjustment and Appeals Member Appointment February 14, 2017 Recommended Action: The County Attorney recommends that the Board review the applicant's resume and application, and determine whether to appoint her to fill the unexpired term for the "General Public" representative to the Construction Board of Adjustment and Appeals. Attachments: Staff Report Committee Application (CBAA) - DixonC C Dixon Resume County Attorney Dylan Reingold requested that the Board consider the appointment of Cindi Dixon to fill the unexpired term for the "General Public" representative to the Construction Board of Adjustment and Appeals. A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to appoint Cindi Dixon to fill the unexpired term for the "General Public" representative to the Construction Board of Adjustment and Appeals. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Peter D. O'Bryan, Vice Chairman 14.8.1 17-0159 Minor Subdivision Site Plan Ordinance (for discussion --no back-up) Recommended action: Direct Staff to draft ordinance allowing for a minor subdivision site plan for commercial splits. Attachments: Commissioner Memorandum Indian River County Florida Vice Chairman O'Bryan recapped portions of County Ordinance 1983-24 pertaining to the rules for splitting parcels in subdivisions. He noted that the rules allow for a parcel to be split one time, and that the owner must undertake the full subdivision approval process if the parcel needs to be split again. He asked his fellow Commissioners to consider initiating a minor subdivision site plan for commercial property splits, which would provide more flxibility to the property Page 10 Attachment 1 P165 Board of County Commissioners Meeting Minutes - Final February 14, 2017 owner and still ensure that staff has an overall vision of the future parcels. Wesley Davis, 7000 184th Avenue, discussed the need for the minor subdivision site plan, citing an example of a new Dunkin' Donuts where due to a lot adjustment, the developer must undergo the entire replat process. Community Development Director Stan Boling described the types of situations where the minor subdivision site plan would apply, and informed the Board that it would take approximately 90-120 days to amend the Subdivision Ordinance. Bob Johnson, Coral Wind Subdivision, sought and received information on whether the minor subdivision site plan would impact Community Development staffing. A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to direct staff to draft an amendment to the SubdivisionOrdinance, allowing for a minor subdivision site plan for commercial property splits, and to move forward with the amendment process. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc C. Commissioner Susan Adams D. Commissioner Bob Solari 14.D.1 17-0163 Naming of Gifford Park Ball Fields Attachments: Commissioner Memorandum Indian River County Florida Additional Back-up Provided 02/13/17 Commissioner Solari relayed a proposal from a citizen to name the Gifford football field after William H. "Chicken Shack" Wilson, Jr., (Coach Wilson) and Scott Chisholm. He stated that both individuals have a lifetime of helping local young people, and read a portion of Coach Wilson's and Mr. Chisholm's biographies. Anthony Brown, 4159 57th Court, spoke of the ethics and sportsmanship which were instilled in him by Coach Wilson, and recounted an incident where Mr. Chisholm helped outfit the Gifford Little League team at no charge. Discussion ensued regarding the numerous contributions made to the community by the two gentlemen. Page 11 Attachment 1 P166 PLANNING AND ZONING COMMISSION There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, April 13, 2017 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on the Indian River County website www.ircqov-.com/Boards/PZC/2015. Present were members: Chairman Alan Polackwich Sr., District 2 Appointee; Vice Chairman Todd Brognano, Member -at -Large; Patrick Grall, District 1 Appointee; Chip Landers, District 3 Appointee; Jordan Stewart, Member -at -Large; and Shawn Frost, non-voting School Board Liaison. Dr. Jonathan Day, District 4 Appointee and Angela Waldrop, District 5 Appointee, were absent. Also present was IRC staff: Bill DeBraal, Deputy County Attorney; Stan Boling, Community Development Director; John McCoy, Chief of Current Development; Ryan Sweeney, Senior Planner of Current Development; and Lisa Carlson, Recording Secretary. Call to Order and Pledge of Allegiance The meeting was called to order at 7:00 p.m. and all stood for the Pledge of Allegiance. Additions and Deletions to the Agenda There were none Approval of Minutes ON MOTION BY Mr. Stewart, SECONDED BY Mr. Brognano, the members voted unanimously (5-0) to approve the minutes of the March 23, 2017 meeting as presented. Public Hearing Chairman Polackwich read the following into the record: A. Consideration of Proposed Land Development Regulation Amendment to Chapter 913 (Subdivisions and Plats) Allowing Lot Splits for Commercial Property [Legislative] PZC/Unapproved 1 April 13, 2017 F:\BCC\All Comm ittees\P&Z\2017—AGENDAS & MINUTES\PZC 041317.doc Attachment 2 P167 Mr. Ryan Sweeney, Senior Planner of Current Development, reviewed information regarding the proposed Land Development Regulation amendment and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He recommended that the Commission recommend that the BCC adopt the proposed commercial lot split ordinance. Mr. Stan Boling, Community Development Director, clarified details of the proposed amendment including the reasons the proposed amendment does not apply to residential properties. Chairman Polackwich pointed out a punctuation error in the proposed amendment and staff agreed to the language modification. ON MOTION BY Mr. Brognano, SECONDED BY Mr. Grail, the members voted unanimously (5-0) to accept staff recommendations with the revision regarding language modification on this Legislative matter. Commissioner's Matters There were none. Planning Matters Mr. Stan Boling updated the commissioners on the status of the FPL Blue Cypress Solar Energy Center that they recommended at the last meeting. Attorney's Matters There were none. Adjournment There being no further business, the meeting adjourned at 7:15 p.m. PZC/Unapproved 2 April 13, 2017 F:\BCCWII Comm ittees\P&Z\2017—AGENDAS & MINUTES\PZC 041317.doc Attachment 2 P168 ORDINANCE 2017 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENT TO CHAPTER 913, SUBDIVISIONS AND PLATS; BY AMENDING SECTION 913.06(1) UNLAWFUL ACTIVITY AND 913.06(2) EXEMPTIONS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 913, SUBDIVISIONS AND PLATS, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 913.06(1) Unlawful activity; as follows: (1) Unlawful activity. It shall be unlawful and subject to the penalties provided herein for any person to: (A) Create a subdivision without first complying with the provisions of this chapter and filing a plat approved by the board of county commissioners unless exempt under section 913.06(2). The dividing of land into two (2) or more parcels without fling a plat under the provisions of this chapter, where the land divided was the result of a previous division of land into two (2) or more parcels which occurred after July 23, 1983, is prohibited. (B) Divide property by any means for the purpose of sale or transfer of title unless each of the resulting parcels has at least the minimum area and width requirements prescribed by the zoning regulations and land use plan of Indian River County as applied to the lots created, unless exempt under sections 913.06(2) or 913.09(6). (C) Divide property after December 8, 1973 by any means where a resulting lot does not have frontage on: a dedicated public right-of-way, private platted right-of-way (street), or a roadway historically and currently maintained by the county, as referenced on the county road grading map, of at least: 1. Sixty (60) continuous feet, unless exempted under section 913.06(2), or unless the lot fronts upon a cul-de-sac or curve and meets the requirements of section 913.09(6)(C), for properties located within the A-1, A-2, A-3, Con -2, Con -3, RFD and RS -1 zoning districts; 2. The minimum lot width of the zoning district applicable to the lot(s) created for properties located within zoning districts other than those referenced in the above paragraph 1., unless exempted under section 913.06(2), or unless the lot fronts upon a cul-de-sac or curve and meets the requirements of section 913.09(6)(c). Access, ingress/egress, or other easements shall not be deemed to constitute a publicly dedicated road right-of-way unless previously dedicated to and accepted by Bold Underline: Additions to Ordinance &Fike threug#- Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20170rdinances\2017-_ 913.06.docx 1 Attachment 3 P169 ORDINANCE 2017 - the county. Private access easements shall be considered "private platted rights-of- way (street)" for purposes of this section, if: a. The physical roadway located within the easements(s) existed prior to the county's road frontage requirement (December 8, 1973). The alignment of the physical roadway may be shifted from its 1973 location if the roadway remains in the same general location and retains its 1973 beginning and ending points; and b. The physical roadway has a passable width for two-way traffic meeting county local road standards (twenty (20) feet for single-family development); and c. A notarized letter, acceptable to the county attorney's office in regard to form and legal sufficiency, from the person or entity responsible for road maintenance is fled with the county and recorded in the public records, indicating the person or entity responsible for maintenance and the method of maintenance performed; and d. The person(s) proposing the lot split files for and obtains administrative approval from staff, verifying that requirements are satisfied regarding private road right- of-way frontage. Note: Parcels created between September 21, 1990 and December 4, 1991 are subject to the sixty (60) contiguous feet (rather than a minimum lot width) frontage requirement, regardless of the zoning district in which the property is located. (D) Commence the construction of any improvements required under this chapter without first having obtained a land development permit from Indian River County or fail to construct or maintain improvements in accordance with an approved land development permit, plat approval or requirements of this chapter. (E) Create a public or private right-of-way (street) without platting in accordance with the applicable provisions of this chapter. (F) Divide any lot or tract in a platted residential subdivision that was approved by the board of county commissioners of Indian River County in a manner which results in a construction -site smaller than or inconsistent with the surrounding lots in the subdivision unless approved by the board of county commissioners. 1. Any request to divide a lot or tract in such a manner shall be reviewed and considered as follows: a. The technical review committee (TRC) shall review the request and make a recommendation to the planning and zoning commission; b. The planning and zoning commission at a public hearing shall review the request and make a recommendation to the board of county commissioners; Bold Underline: Additions to Ordinance 2 SWEe through '% :\CDeleted Text from Existing Ordinance Attachment 3 Fommunity Development\CurDev\Ordinances\20170rdinances\2017- 913.06.docx P170 ORDINANCE 2017-, c. The board of county commissioners at a public hearing shall review the request and approve, approve with conditions, or deny the request. 2. Written notice of the public hearings shall be mailed certified to each owner of property in the subdivision at least fifteen (15) days in advance of the hearing. 3. Prior to approval of a lot split, the board of county commissioners shall determine that: a. No substantial negative neighborhood impacts are anticipated as a result of the split or subsequent similar neighborhood lot splits; b. The resulting lots conform to the applicable county zoning requirements and state regulations; c. The resulting lots are buildable under current regulations; d. No substantial adverse impacts on existing infrastructure are anticipated, as the result of the split or subsequent similar neighborhood lot splits, via the resulting increase in density or intensity of use; e. The. impacts of the split or potential splits will not degrade adopted levels of service to unacceptable levels, pursuant to the provisions of Chapter 910, Concurrency Management; £ The applicant certifies that .he knows of no recorded deed restrictions or covenants which would prohibit the division or splitting of the lots. SECTION #2: Amend LDR Section 913.06(2) Exemptions; as follows: (2) Exemptions. The following activities shall be exempt from the provisions of this chapter: (A) Creation of equal or larger building sites from lots of record. 1. The combination or recombination of all or a portion of previously created parcels of record where the newly created or residual parcels comply with all applicable zoning district dimensional criteria or, where applicable, the regulations governing nonconformities. 2. The combination or recombination of all or a portion of previously platted parcels of record are exempt where none of the newly created or residual parcels contain less area, width or depth than the smallest of the original parcels of record being combined and no streets of any kind or public easements are created, changed or extinguished. Bold Underline: Additions to Ordinance StFi#e thfough- Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20170rdinances\2017- 913.06.docx 3 Attachment 3 P171 ORDINANCE 2017- (B) Boundary settlements. Any conveyance between adjoining landowners if: 1. The purpose of the conveyance is to adjust or settle the common boundary line between adjoining landowners; 2. The deed of conveyance or other legal instrument states such purpose and is recorded in the official records of Indian River County; and 3. The resulting parcel(s) conform to the applicable zoning district dimensional criteria. (C) Conveyance to government. Any division of land for the purpose of conveying land to any federal, state or local government entity or agency or public utility, provided such conveyance is accepted by the grantee by an instrument recorded in the public records of Indian River County. (D) Division by order of court. Any division of land by order of a court of competent jurisdiction. (E) Corrective instrument. Any conveyance for the purpose of correcting an. error made in the language used in an original conveyance. (F) Forty -acre tracts. Any division of land where all parcels resulting from the division contain forty (40) acres of land or more and no public easements or streets are created. When the tract prior to dividing is a size which is not an even multiple of forty (40) acres, a fractional breakdown resulting in lots of equal size which are larger than thirty-eight (38) acres also qualifies for the exemption. Notwithstanding this exemption for the creation of parcels forty (40) acres or greater in size, any proposal or aggregate proposals to create fifty (50) or more parcels forty (40) acres or greater in size shall be deemed to constitute a subdivision and shall require approval as a subdivision. All provisions of this chapter shall apply. (G) Platting of a portion of a tract. Platting of a portion of a parcel or tract under the terms and procedures of this chapter, shall not constitute a splitting of that parcel or tract. (H) Lot split for commercial Property. 1. Any division of a previously platted commercially zoned lot or tract where each resulting parcel meets applicable land development regulation requirements for lot size, lot dimensions, and paved road frontage, and is served by adequate infrastructure, as demonstrated through an administrative approval site plan filed in accordance with site plan ordinance section 914.06(1)(c) and approved by the Community Development Director or his designee. Prior to receiving administrative approval, the applicant shall demonstrate that each resulting parcel meets subdivision covenants and restrictions, as applicable. Bold Underline: Additions to Ordinance 4 Spike tkFeog}r Deleted Text from Existing Ordinance Attachment 3 F:\Community Development\CurDev\Ordinances\20170rdinances\2017- 913.06.docx P172 ORDINANCE 2017- 2. Any division of an unplatted commercially zoned property where each resulting parcel exceeds one acre in size, meets applicable land development regulation requirements for lot size, lot dimensions, and paved road frontage, and is either served by existing adequate infrastructure (including shared access with adiacent properties) or is subiect to a recorded covenant adequately providing for shared infrastructure and shared access at the time of development, as demonstrated through an administrative approval site plan filed in accordance with site plan ordinance section 914.06(1)(c) and approved by the Community Development Director or his designee. The County shall review and be made a Party to any covenant used to meet this regulation to ensure that the covenant is not terminated or modified without County consent. Such covenant shall include as an exhibit a legal description and survey sketch provided by the applicant. SECTION #4: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #5: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #7: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the day of , 2017, for a public hearing to be held on the day of , 2017, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Bob Solari Bold Underline: Additions to Ordinance Stfike thfoug4i Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\20170rdinances\2017-_ 913.06.docx 5 Attachment 3 P173 ORDINANCE 2017 - Commissioner Tim Zorc Commissioner Susan Adams BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman, there upon declared the ordinance duly passed and adopted this ,2016. Joseph E. Flescher, Chairman day of ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller P -W Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director Bold Underline: Additions to Ordinance Spike thFOug4r Deleted Text from Existing Ordinance FXommunity Development\CurDev\Ordinances120170rdinances12017- 913.06.doex 6 Attachment 3 P174 Proposed LDR Amendment to Chapter 913 (Subdivisions and Plats) Allowing Lots Splits for Commercial Properties Board of County Commissioners May 2, 2017 ,� 1 Background • On February 14, 2017, the Board of County Commissioners (BCC) directed staff to draft an LDR amendment. • Goal: to provide a more streamlined process for dividing commercial property. • Staff has drafted changes to establish a more streamlined alternative; supports the amendment with the proposed controls. Background (Continued) • Current subdivision ordinance allows fora "one- time" split, regardless of zoning, if not split after July 23, 1983. • If the property has been split after July 23, 1983, then additional splitting and/or division requires the formal subdivision platting process. • Current lot split regulation has served well, especially for ensuring new residential parcels have adequate street frontage, access, and infrastructure. 3 Background (Continued) • The formal subdivision platting process is a multi -step process and can be lengthy, especially in relation to a small number ofdivisions/lots. • Many other jurisdictions provide a "minor subdivision" process, especially where a paved street is already in place. -� 4 Proposed Ordinance Provides an optional staff level approval process for dividing certain commercial property through the AA site plan process, instead of the formal subdivision platting process. • Resulting commercial lots must be served by a paved street and other infrastructure that already exists or is committed via a recorded covenant. • The new process can be used for previously platted commercial lots and tracts, or larger unplatted commercial parcels (resulting lots 1 acre or larger). CJ1 Proposed Ordinance (Continued) • Provides a new optional process and will not completely replace the subdivision platting process. • Most large commercial properties will still utilize the subdivision platting process. • Changes or modifications to previously platted common areas must be replatted, per Florida's statutory plat requirements. • Does not apply to residential property. 6 PZC Action ➢ On April 13, 2017, the PZC voted 5-0 to recommend that the BCC adopt the proposed ordinance with a minor revision that has been incorporated into the proposed ordinance. Staff/PZC Recommendation That the Board of County Commissioners adopt the proposed commercial lot split ordinance. J Treasure Com Newspapers Plrcl.p Indian River Press,Journal 1801 U.S. 1, Vero Beach, h 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Jane Mcllmuriay, who on oath says thatshe is Classified Inside Sales Manager.of the Indian River Press Journal, a daily newspaper published at Vero Beach Irl Indian River County, Florida: that the attached copy of advertisement was published inthe Indian River Press Journal in,the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida; and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed In Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Coovline POri 463755- INDIAN RIVER CO PLANNING DEPt 1524901 Meeting: 5/2/17: Chapter 913 BCC Meeting: 5/2/17 Pub Dates April 17, 2017 $-.vorn to d subscribed before me this day of, April 14, 2017, by 1/ l who is Jane Mcllm �rr y ,(X) personaljly ++nown to me or ( ) who has r, _ as identification. Ct Klein / / t Notary Public _o•ZpNY'�••• o a `= .• o ; ;•; ' • UNDAJOYCE KLEIN Notary Public- State of Florida Commission#GG 081422 My Comm. Expires Ma? 4, 2021 Hooded th'roagli National Notary Assn. Q. U ams U u � M C r C rn tC 6T CL c Z U V T �i IF Q: C 5 Z' U C N 0 a _ .V OC'Q 0 C a) IM ra 11- x x N Q U Q !� Z T Z a) .n C z Z hi �Q CL E o F- :3 7 ` p to N O Q .C: to U Garage Sales 0 Local E3L \/E.4!.21A1 W found here Weelmnds are nuidefor happy discomnes. FSndyours fastawith easynead Loadfieds ga'i.�atgv^^e"rtrtsnnale 1w. Findywis onime at or re IN THE COUNTY COURT OF TRE NINETEENTH JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY CFLOIVIRIIDA UNO: C CASE H0. Z0161459 LC PLANTATION BEACH CLUB CONOOMI `UM ASSOyCI nTDe INC_n�F,ivrida PIMP VAIMCIAPIERRL Defendant. NOTICEOF PoRECLOSINESALE NOTICE Is hereby givends ihal the d<rsI nc0. Gaf co-a4i end c�Ry, Cwns of Martin COunh Florida w2 via HA URnIcl We at frti—ilamNi....wm, uer t°raele and sell at pub Ile outcry l0 the NgiwA MQ 'der Nor cash, Me fvlmwi descdbetl prodpLy simate� To Martin C°un[�y3� Fwdaa: Omimpm W.VarcN Number°310 tl�hd7(�,OIE O� of CmTINUmEACH CeiU 1 'to Inc Me I.IAGTn cof repo- in° 'na" RSC m1 Beak 96 of at= 1185, In me Public ,Rewrtls of Martin CARP - t"e^Odda, d MI menQ .aINerelG R an . pursuant m the FlnaTludg- at ofSCorecl—n. entered In �m drop In said c artt In iM ab. -styled Any t°m tnesuInt- mDr{u$r11* sale. H pay. purer man aop- me Iii Peepm°zf, ontat Me Ome A )aim WIDAP W days after DatedTON 3111 day Of Marcid. Soil. MICHAEL 1. BELIE, PA .2164 FrWtv"le RODO -. Sarasota, Florida 34237 Telephone: (94U 9559112 Facsimile(9a1)945.031T DY: Micha 1. Belle, E50vire Attorney for PlaiMitf Florida Ba Ne: a10B61 DESIGNATED PRIMARY E-MAIL SERVICE MOSUANT TO FLA. ,R.fUD.ADMIN.1516 If YwI`ar°°e 410 `son`wiNed's- mOBitywhonmon,Sos FU6 odatmn m order tp partic4 Wte imm opmcCedingrty% y o, to Uc P.1iiion`of car- Tfm ass Stan a Meaze to - led Court Administntlm. 250 NE Country Guo Drive, 340e"'1i2-BOTd l0 el leas! ] days before yoastlmtlu1. 00uurt eppenrl : a Immo Efate". UOon recdvlrq Nis tailicatlonN time foe he scheduled appearance is )ass mane) "N if you Me hearin0 lee tmielre0. aB T cum To.1T, 20P TCN Mow [55o6621 IN THE GRCNT COURT FOR 5T.LVCM000NTY.FLORI0A PROBATE IFO FIT... 64Io1X]CPp0p16lFM INR ESTATE OF D R. Aecteseld. NOTICETOCREDTFORS The eminN me state f it"'a lwn P. H19h ,1111111d,wnpse safe � &D, was February 25.2017. Is ,pendia,y In the Circuit Fl.4da."O etel'°CDwI` Nin°Me Setl°Londs Sheet Fan Pleme FL `11950. ThC-names and addresses I Me personal '11"ntAdnaN'xr- rel r0""'ntAtee's aItOF- roan belo All �mdfears of Ne eetw.ea¢nt tl Mer persons heaving And ar tlsmanas a fast aY ofAtbk notlec k rcpShP, ... t, Ith must file ON (Rims with E court ON OR BETORE THE LATER OF D MONTHS AFTER WE TIME OF W TS NRS] E OR 37 TION DAYS OF TMS NOTICE OR 10 GAYS AFTER THE DATE OF SERVICE Oi A COPY OF THIS NOTICE ON THEM. AI Omer actors of the decedent orb other persons hhnvia9a-ma pr demands Reit TO. eiei`c ms WiM L.NUTT WITHIN 3 MONTHS AFTER THE DATE Of THE andtho ire—Te, Cwst Newspapers M -day, Aon 17,1017 SC oLce'tOCt'NIro1R erpubt)Dt2DU NON SEQUITUR FIRST PUBLICATION OF THIS Mil., Oe 11y,ment Order NOTICE. ALL CLAIMS NOT FILED WITN- IN THE TIME PERIODS SET egu M'd Oerelnp CU R10.1a [tont -Martin Coumyy Cnd< 1Z,'(OEFDRG C, EyGEF'EAFTFA C;' FORTH IN FLORIDA STATUTES SECTION 733.702 WILL BE (LDR$. C.Ples f Section 10.10, 1OR, arearailadefrom RIFALTY RLMR.. PoREYER BARRED, NOTWITHSTANDING THE TIMEDepartment. the Growth Management VDN GRYJ, pANN6 PERIODS SET FORTH ABOVE, -ANY CLAIM FILED TWO ill DOR: a re 1].2017 TCN 15]0847 YEARS OR MORE AFTER THE DECEDENT'S DATE OF DEATH y\ IS BARRED. The date pfNmt publiwtlpn of Ahisn.'" AOd117.2017. NOTICE OF PUBLIC HEARING _ PorsgnM Rea¢sentative: NOTICE 15 HEREBY GIYEN that 1NG e�Mv+tt Brett Shvnn theBeard al county �pwlnm. ISMof IrtOian Rlva uN.. rs ttabA 8W. LS86SW Baysh reBIM. PMO 'COoners onlyFlOdoa snail hold a .Dubh[ hearing at wTicn par- tPT u6, Cv1FV+ING f?NTRADIGTIONS 'FlOdda 34981 AttOrneY for Personal RCprese-atfvc: - tiesm Interest and cN¢Cns Shall have an irportPMty Le uG t BrucemmR�. Abernethy,h m,Oe h<aM, In Cvua�dyy COmmtssim Chambas'T ITTIIND NINVER me County AdminlstraZ" RST251 1JOSINGAN RIVER DR STE53 FOR;MRCE, FL 3a950s353 'BVBdirlg located ch, F1 2tth Beach, Florida, :g y. RlepMne: ((7T73)t8?4901 An TP,YtleatvD Tues (. MAY 4er orTo 9:00 e.m. p i Telt ((TT77I) ae9-19D3 EMaB:1'proek®bruceape.eam Lim Of An Ordinance; rate ded: ^^�"�'�,•-_•^�,�_r, 5ac°ndaryyyE��-8bb1a11: yy A;pm AN ORONASIICTY OFL14DIA Pub: ADT" 17.11,IOlT TCN LSRIT64 TOWNOF1UF11 CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (CORS), PAG- O_rlND SCHOlARSNIPTim TEE MEETI.... TICE w01NG MRAMENDMENTTO please bo'advis¢U Nat tM1i 101Cr10UC05 CHAPTER 911. SUBDIVISIONS AND PLATS; BY AMENDING' 'SECTION Tawn Of leplter UMno Sclml hip Committee nd Ic Will. hold NOTICE TO an persons <lalminp .an 913.06(1) DHL., FUL ACTIVITY AND 91]06(2) EXEMPTIONS; AND BY PRO- erstenbng Th, Ap 30, 2017, at 9:36,3 a.m., M W Inlerestlm1998.9'-BOMBAR- DICING PoRRCFEAL OF CON- Town Nall Conleronce Ream. TB He Road Nn00 SOuod d. OIER-ZZNE4UID6%. Mark MoyewplapplytOSCONR FLICTING PROVISIONS; 006 IAFlIID Ei [CTIYE DDATE eGITY, FIOr the,Ovrpose A eat mceH is to vioppwpp th 1 title n rtaCraHlow- 19 tl )net "'come ItAOn claim tMI o me WlAXNVmn. board mOtoRtahct SLDNq 5w"^astaMishhaM level F me eguladons To c9m- `-Mnl l] 201] nt ((003) INJ05B. Uppoon thirty days the• tlale r cal pat, 101 splks. Craft TCN 15]1113 after Of the Mst'advertisement if A aTthe pgYosed Ordi- AP.0 IS v ILTEIn at the DiNk ,yEtpsD�tiOrB To claim of mtereat is made 'anThe wAeTCra/Vwtboard Plannlnp On -office located in the common)- RE VEST PoRSEALEO E-8ID 0 M etMer°i.`s I h s`AnArR`,9i t •M< i-st°Nom°ora the C- on Retwest Tor SPalea Elettr°n clear bila Ty AdminlsmaUgP Ic Bid OMTp08SR Aben Case No:30IT03159501E9 Complex Ou110iny ;pAerMry no don anrld� Dfug the North % on D�aFnd Pob t, slanwwMcha '.y On incSo by IW CiIY of PTO: ART"I5, 16, 17,"IT TCN nt This mSTSUPSeeting, wi" nLOTeed Naee: SL Lua.ftcyie, In the Prapcuremen IN COUNTY W rclr PincluO Satpeas -yA"Nitinol°menMnUci3pz Boni NOTICE UAK Ol1RUEAECHANGET 'whknwtlleAAnd Uls bescU ° 8Iv4 Port 5 PLuce, HPrl Fl-ed .V 349945011 V301]1 e:. NOV..on is tTre=y1 gi �-rel�At- 5uW g°veloDmeM secUon"atrZ2E oda UrON'ma0ona may be btainei p BMat UP VntY, Growtn Man- 7. hrTeDhOlx (8 O)t )1j 3TU�Io p.mani Direcmr Issued a do" ortler toMM9e ,ANYONE WHO NEEDS A SPE GAL ACCOMMODATION FOR _THIS MEETING MUST CON- - orae Ne Prawremml W. Ron mt Depa'me m. AM 80 ppmNn9 on aominlsha0w merMment t° the apdrovM TACT THE COUNTY'S AMER- pncb p receI Irom an final ,, D1s,inthe heeCO Can ACT]ADA e. Fo rce is at the van ter) O04S-013. M.To COORINNATORIES project Daclllcally, approvdl Is iH ADVANCE 05iHE MEET- Teb 15699131017 for the c�onpe in lee I= k Iran l IND. Om APp2ie TOP reTeN'I"'W" office and rc n to 'INDIAN RIVER COUNTY Pt d toffice restaurant and raz- dentlM which resuns In an BOARD OFCOUNTY COMMISMONERS NOTICE OF APPLIGTION 6,01 TAX DEED Tdditlpnal lOMparMllq spaces. Sr. Joseph L, Flescha, hesW to bmcatedA 3405 NEl Indian River Drive. RFI ch., an pub: Ap 01], 701] Tax Deed File Na.: 11-359 lama Beeth. Of tlm De pmerd Order e1. TEN 152r19OT NOME IS HEPEBY GIYEN, Lha RMC TL 2mI, LLC CAPITA' Ma0able [cora ihe.G,°WN lel. DeOartmanl, —.211z NOTICE - TNe AS q Counter ONE NA.. A5 CNIC TIL RA ASSIGNEE FOR RML tt 101 =anagement 119 Admi SCMoI DISWc has ached- Mea en Insuronte CAmmIH the hdotr.A me follewirx 10cat. Me Died Mm Cama, 21015E Monte X, Road Shad Marta: leged tee meeUnqq Montlay.Apol Illq 2017 a6, 3t]0 D.M, t° be `I `d°eM9 be kwed ihet¢on.'no car per- y, may FROM y appeal the Growth heldal NemstrvclmnalCem ter MR - gldg. 10. g0am 1, tlficate number endyeaTO Men-Dangemc. l a MirprlrD`n'ebp- 99<°n 81vd, 5hart, issuance, the descriptive o oo oparty and Ne name it Of`.Floaaf With the Coo Ply POdmml.l NhM Jotlays TCN 1555182' 2017 Sras assessd an al f the date pl lssuanee ohne 2 1 11STOHeudr 2012 - 7flm§ragas )IbehelCr��pe� �„d AW12A 1611AVENUED, FC DiOp 1(PhLM IDEalfieds T(PAlhl tocalfieds T NICE T THE . COMMENCE AT THE SOiffsl EAST CORHuR OFno:uwT iei CASE N6 56,201]-CMDO04MICIC DISTRICT NO. L NOTI ANO ORDER TO SHOW CAUSE .=—'I eDDevt'mnt ntl VVf me Incta remltre0 OY Chapter R. Rodd. SlnMes, to `Faad°de St Wtes`. Complaint and Ex MM Is: The Plaintiff has reWeseetl that itis Acc.PlI lgly, UGm cd d1d,,.UAn, If H "erebV FL Pierce. t.Loch,CoWMy. Florl" this 22,d day of March. 1017. YiFil. WIViT At3aN 'WGRD• ANO:LNC-fir ANO WGRNER ANG 'DEITY- PNOVEIN. Oto `bU LA G," 1 Cod— LA mlii; 4.aa100L Y Fwl TWsvY7 NfiWS Angela RIyy.1.t Demi[, Clerk Gerk of N Grcult Court VobtAprill, IGY1T.24,2%7 TCN 1<66a15, NOTICE OF APPLICATION FOR TAX DEED Tax Deed The NO.:16-139 NOTICE IS HEREBY GIVEN, Nut IAAR52 Iry M NT5 LLC the hoMerp mete oW- eNfirtK to hal into Wd tates lot a tax deed N be Issued N,Tenn. The cer- tliiwh numbeE and year of issuance, ITSOI he�,R ndwy.anazd he nmein se:ted are az fdmws: MARGARETRAHAL, Otomy Ge M C1.11 Ne ClrcWfCwn, St Luc° Cwnry ' ' pub: ARM 1.10, 1T, 24, 2017 TCN 1481856 NOTICE OF APPLICATION FOR TAX OEM Tax Deed FRO Np [6,092 NOTILEIi NEREBYGIDEN; that GREEN TAX FIINGNG 4115 FUNRGING 4 the """ of Ne /ollowmp e ECate has fled uk f. fit--. la A Iax d¢Cd m he ¢sued Thereon, Th a car• !ifirate number aIM yeer'of C Ne des0lptlm at N, ywhicO ft== ramWt: weir.1°AtlswNan'-n 45`5 AngelaRIggins, 01 %Clerk clad[ aeI .MY It Court Pum Apol1, 30, 37.34.2011 TCN M90082 ' NOTICE OF,4PPLICATION MR TAX DEED TOR Deed File No.: 16-093 NOTICE IS HEREBY GIVEN. mat LANE TAX PURCHASE GROUP ILLmIOSERIES EofEthe US folloMnQK the DNCnte has filed Sal 8 ce Ullcaros mr a Baa deed to Iro IM Ih<read. Tna cery sae Pit number an0 year 01 Issuang the LescrWtlon , F.arty, dntl NT names saww�D'rR B Wad azaeu.d me Yeu of I tsecaance. "14 sn INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(9)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Fred Mensing ADDRESS: 7580 129' Street, Sebastian, Fl PHONE: SUBJECT MATTER FOR DISCUSSION: All Aboard Florida - Brightline IS A PRESENTATION PLANNED? YES NO IS BACK-UP BEING PROVIDED YES NO IS THIS AN APPEAL OF A DECISION YES NO WHAT RESOLUTION ARE YOU Provide Information to Commissioners REQUESTING OF THE COMMISSION? 772-532-6035 ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Fax Mail X Hand Delivered Phone COUNTY ADMINISTRATOR: .Jason B. Brown MEETING DATE: May 2, 2017 F:\County Admin\ExecAsst\AGENDA\Public Discussion Items Formdoc Board Approved 1 In106 P175 IR El DEPARTMENTAL MATTERS Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: April 25, 2017 SUBJECT: Quarterly Budget Report FROM: Michael Smykowski Director, Office of Management & Budget Attached is the staff report for the second quarter of fiscal year 2016/2017. Staff will make a presentation at the Board meeting. P176 Financial Indicators Snapshot - March 2017 Report Revenues Gas Tax (Fund 109) Optional Sales Tax (Fund 315) Half Cent Sales Tax Traffic Impact Fees (Fund 102) Impact Fees (Fund 103) Tourist Tax Franchise Fees -TOTAL Recreation Revenues NCAC GAC Recreation IG Building P.rofift Loss Building Dept. Golf Course Fleet SWDD Shooting Range Compared to Prior Year % Change Current Month % Change Year - to -Date 7.0% '* 2.4% 8.3% 12.3% 1.3% 2.5% 32.3% 6.3% * 80.4% 1.7% 7.2% 3.8% * 4.1% 6.8% 69.1% * 3.4% qw-177.4% 20.8% 23.7% 90.0% -19.9% -4.5% 77.8% 11.6% 2.3% -3.4% 3.1% 23.3% 48.9% -40.0% -20.9% 40.5% -21.6% n/a n/a 8.9% -50.0% n/a n/a n/a n/a n/aUan n/a Compared to Budget % Variance Current Month %Variance Year -to -Date 7.0% '* 2.4% 8.3% 12.3% 1.3% 2.5% 32.3% * 32.5% * 80.4% 90.0% 7.2% 8.8% 38.0% 69.1% 156.6% qw-177.4% 20.8% -28.9% 90.0% 51.7% Comments Represents collections through February 2017; increase of $24,777 from prior year YTD. Thru February 2017 collections -trend is positive -YTD figures have exceeded prior year by $279,034. Year to date collections through February 2017 are above prior year by $131,563. Varies by month, however, significant annual decrease totaling ($427,453); compared to YTD budgeted figures, actuals are up $422,090. Varies by month, YTD figures down by ($94,746) from last year. Compared to YTD budget figures, actuals are up $530,417 Tourist Taxes have exceeded the budget by $91,982; year to date revenues are $25,908 more than last year. Overall Franchise Tax revenue of $4,190,453 vs $4,325,774 in prior year. Year to date revenue of $75,268 vs. $50,553 In FY2016. Year to date revenue of $11,169 vs. $14,113 in FY2016. Many revenue accounts shifted from Recreation to IG Building in FY2017 budget. Combined Recreation and IG Building revenue of $151,254 vs. $49,268 in FY2016. Many revenue accounts shifted from Recreation to IG Building in FY2017 budget. Combined Recreation and IG Building revenue of $151,254 vs. $49,268 in FY2016. Profit of $194,483 through 2nd quartervs $389,004 during the same period last year Total Rounds are up 6,190 or 11.6%YTD. Net income of $939,652 vs $934,084 from last year Fleet YTD net income of $71,237 vs $120,618 from last year SWDD YTD net Income of $5,278,989 vs $6,334,347 from last year Shooting Range YTD net income of ($64,347) vs ($47,175) from last year v co Comparison f YTD Revenues Percentage of Annual Budget Difference from 50% Comments/ Notes 1 $45,352,733 93.5% $21,099,956 The county budgets ad valorem taxes @ 95% collection. Most are paid by November to receive the 4% discount. i $3,165,417 56.7% $375,111 Various grants have been received but not yet budgeted. 1 $542,218 58.6% $79,468 Fairground Fees exceeding budgeted amounts. l $94,165 o 45.6/0 ( $9,159) Radio Tower rents and Animal Control Fines slightly below budgeted figures 1$47,710 45.7% ($4,540) Animal Licenses are slightly lower than originally budgeted. I $60,727 58.1% $8,477 Interest earnings slightly higher than anticipated 1 $10,388 N/A $10,388 Non -Cash entry required by GASB made quarterly $2,731,237 58.5% $397,324 Surplus sales, grants, and miscellaneous revenues higher than anticipated. $9,108,733 37.0% ($3,205,871) Cash forward reserves budgeted, but not actual $61,113,328 72.1% $18,751,153 $9,017,875 Quarterly Budget (50% of Percentage of Difference from Account Description BUDGET Total) YTD Revenues Annual Budget 50% Comments/ Notes The county budgets ad valorem taxes @ 95% collection. 004031 Taxes $9,861,412 $4,930,706 $8,445,532 85.6% $3,514,826 Most are paid in Nov to receive 4% discount. MSTU includes communications tax and business tax which makes this % lower than other funds. 004032 Permits And Fees $9,017,875 $4,508,938 $3,872,647 42.9% ($636,291) Lag time in receiving franchise fee payments -5 payments in 6 months 004033 Intergovernmental g $8,106,350 $4,053,175 $3,928,975 48.5% ($124,200) Lag time in receiving 1/2 Cent Sales Tax- 5 payments in 6 months 004034 Charges For Services $1,158,888 $579,444 $446,836 38.6% ($132,608) Pool and recreation revenues increase in summer 004035 Judgments, Fines & Forfeits $137,750 $68,875 $52,743 38.3% ($16,132) Code enforcement fines down 004037 1 nte rest $38,000 $19,000 $28,491 75.0% $9,491 Interest higher than anticipated 004037 Interest Mark to Market Adjustment $0 $0 $5,060 N/A $5,060 Non -Cash entry required by GASB made quarterly 004038 Miscellaneous $19,700 $9,850 $5,961 30.3/0 ($3,889) Reimbursement for budgeted Gopher Tortoise Habitat not yet received. 004039 Other Sources $2,080,384 $1,040,192 $0 0.0% ($1,040,192) Cash forward reserves budgeted, but not actual Grand Total $30,420,359 1 $15,210,180 $16,786,245 55.2% $1,576,066 Quarterly Budget Report - Budget to Actual Revenue Comparison FY 2016-2017 2nd Qtr 111 TRANSPORTATION FUND Department Description BUDGET Quarterly Budget (50% of Total) YTD Revenues Percentage of Annual Budget Difference from 50% Comments/ Notes 111032 Permits And Fees $185,250 $92,625 $146,318 79.0% $53,693 Other Permit fee revenue exceeding budgeted amounts. 111033 Intergovernmental g $2,620,290 $1,310,145 $1,103,149 42.1/0 ($206,996) Only 4 Constitutional Gas Tax payments received in 6 months 111034 Charges For Services $93,575 $46,788 $25,250 27.0% ($21,538) MPO Services reimbursements done at year end 111037 Interest $30,400 $15,200 $15,272 50.2% $72 Interest earnings slightly higher than anticipated 111037 Interest Mark to Market Adjustment $0 $0 $1,641 N/A $1,641 Non -Cash entry required by GASB made quarterly 111038 Miscellaneous $338,795 $169,397 $234,640 69.3% $65,242 Traffic Sign Production revenues higher than anticipated 111039 Other Sources $12,040,465 1 $6,020,233 $4,878,213 40.5% ($1,142,020) Cash forward reserves budgeted, but not actual Grand Total $15,308,775 1 $7,654,387 $6,404,482 41.8% ($1,249,905) False Fire Alarm revenues down when compared to 114 EMERGENCY SERVICES DISTRICT Grand Total - All Taxing funds $167,876,822 $83,938,411 $112,742,282 67.2% $28,803,871 v co Quarterly - Budget (50% of Percentage of Difference from Department Description BUDGET Total) YTD Revenues Annual Budget 50% Comments/ Notes 114031 Taxes $27,163,668 $13,581,834 $25,280,697 93.1% $11,698,863 The county budgets ad valorem taxes @ 95% collection. Most are paid by Nov. to receive the 4% discount 114033 Intergovernmental $923,811 $461,906 $47,967 5.2% ($413,939) Awaiting FEMA Firefighter's Assistant grant payment. 114034 Charges For Services $5,369,701 $2,684,851 $2,974,102 55.4% $289,252 Permit, Inspection, and ALS revenues higher than anticipated 114035 Judgments, Fines & Forfeits $11,400 $5,700 $1,200 10.5% ($4,500) False Fire Alarm revenues down when compared to budget. 114037 Interest $28,500 $14,250 $26,997 94.7% $12,747 Interest higher than anticipated 114037 Interest Mark to Market Adjustment $0 $0 $3,993 N/A $3,993 Non -Cash entry required by GASB made quarterly 114038 Miscellaneous$38,071 $19,036 $103,271 271.3/0 ° $84,235 One time payment from FPL for the Okeechobee Clean Energy Center. 114039 Other Sources $3,888,186 $1,944,093 $0 0.0% ($1,944,093) Cash forward reserves budgeted, but not actual Grand Total $37,423,338 $18,711,669 $28,438,227 76.0% $9,726,558 Grand Total - All Taxing funds $167,876,822 $83,938,411 $112,742,282 67.2% $28,803,871 v co Quarterly Budget Report - Budget to Actual Expense Comparison FY 2016-2017 2nd Qtr 001- General Fund Department Description BUDGET Quarterly Budget (50% of Total) YTD Expenses Percentage of Annual Budget Difference from 50% Comments/ Notes 101 BCC Operations $1,032,863 $516,432 $526,856 51.0% $10,424 102 Count Attorney Y Y $1,601,027 $800,514 $489,916 30.6% ($310,597) Legal Services budgeted but not all incurred regarding All Aboard Florida. 103 Geographic Info Systems Dept $41,594 $20,797 $20,797 50.0% $0 GIS costs charged on a monthly basis. 106 General Health $890,001 $445,001 $471,305 53.0% $26,305 107 Communications/Emergency Svc $516,017 $258,009 $159,357 30.9% ($98,651) 800 MHZ Maintenance budgeted but not yet expended 109 Main Library $2,264,848 $1,132,424 $1,010,822 44.6% ($121,602) Electric expenses higher in the summer 110 Agencies $4,370,325 $2,185,163 $2,667,301 61.0% $482,138 Community Transportation Coordinator expenses reimbursed as expended. 111 Medicaid $1,142,135 $571,068 $457,488 40.1% ($113,579) Lag time in reimbursement submittals. 112 North County Library $1,058,061 $529,031 $489,591 46.3% ($39,439) 113 Brackett Family Library $287,770 $143,885 $122,879 42.7% ($21,006) 114 Value Adjustment Board $66,950 $33,475 $21,282 31.8% ($12,193) Expenses to be incurred later in the year. 118 Ind Riv Soil/Water Consery $45,737 $22,869 $21,616 47.3% ($1,252) 119 Law Library $79,582 $39,791 $42,570 53.5% $2,779 128 Children's Services $1,051,965 $525,983 $402,181 38.2% ($123,801) Funding based on reimbursement submittals. 137 Redevelopment Districts $163,672 $81,836 $163,671 100.0% $81,835 CRA payments are due in full in December. 199 Reserves $6,915,440 $3,457,720 $2,444,458 35.3% ($1,013,262) Contingencies budgeted, but not expended. 201 County Administrator $455,376 $227,688 $196,431 43.1% ($31,257) 202 General Services $135,146 $67,573 $60,464 44.7% ($7,109) 203 Human Resources $445,105 $222,553 $203,080 45.6% ($19,473) 204 Planning and Development $6,000 $3,000 $180 6.0% ($2,820) Pace/illegal dumping expenses to be incurred later this year. 206 Veterans Services $269,709 $134,855 $118,266 43.8% ($16,588) Expenditures based on reimbursement. 208 Emergency Management $573,866 $286,933 $231,038 40.3% ($55,895)Grant expenditures to be incurred later this year. 210 Parks $2,365,370 $1,182,685 $1,104,069 46.7% ($78,616) 211 Human Services $287,508 $143,754 $93,221 32.4% ($50,533) Billed quarterly for staff from Health Dept. Not processed until April w 0 Quarterly Budget Report - Budget to Actual Expense Comparison FY 2016-2017 2nd Qtr 001- General Fund (continued) Department Description Budget Quarterly Budget (50% of Total) YTD Expenses Percentage of Annual Budget Difference from 50% Comments/ Notes 212 Agriculture Extension $178,094 $89,047 $71,450 40.1% ($17,597) Capital expenses not purchased yet. 216 Purchasing $167,880 $83,940 $74,351 44.3% ($9,589) 220 Facilities Management $3,863,742 $1,931,871 $1,541,907 39.9% ($389,964) Some capital items not yet expensed. 229 Management & Budget $320,073 $160,037 $146,771 45.9% ($13,266) 237 FPL Grant $121,295 $60,648 $32,249 26.6% ($28,398) Additional position not yet filled 238 Emergency Mgmt Base Grant $133,986 $66,993 $72,289 54.0% $5,296 241 Computer Services $228,366 $114,183 $114,183 50.0% $0 Computer Service costs charged on a monthly basis. 246 Risk Management $283,218 $141,609 $283,218 100.0% $141,609 Insurance charge done once a year. 250 County Animal Control $562,771 $281,386 $248,761 44.2% ($32,625) Fuel/Operating expenses lower than anticipated. 251 Mailroom/Switchboard $324,200 $162,100 $174,723 53.9% $12,623 252 Environmental Control $7,033 $3,517 $2,612 37.1% ($905) 300 Clerk Of Circuit Court $988,668 $494,334 $496,750 50.2% $2,416 400 Tax Collector $1,465,104 $732,552 $3,122,138 213.1% $2,389,586 Commission charged on Ad Valorem collections, most collected by December. TC returns excess fees at year end. 500 Property Appraiser $2,812,132 $1,406,066 $1,482,834 52.7% $76,768 600 Sheriff $45,345,601 $22,672,801 $22,633,140 49.9% ($39,660) 700 Supervisor Of Elections $1,282,257 $641,129 $756,439 59.0% $115,311 First draw is 25% of budget per Florida Statutes. 901 Circuit Court $108,311 $54,156 -$2,871 -2.7% ($57,026) Expenditures based on reimbursement. 903 State Attorney $91,252 $45,626 $50,459 55.3% $4,833 Expenditures based on reimbursement. 904 Public Defender $3,309 $1,655 $1,420 42.9% ($234) Expenditures based on reimbursement. 907 Medical Examiner 1 $370,991 $185,496 $216,411 58.3% 1 $30,916 17 payments in 6 months Grand Total 1 $84,724,350 $42,362,175 $43,038,075 50.8% 1 $675,900 ip Quarterly Budget Report - Budget to Actual Expense Comparison FY 2016-2017 2nd Qtr 004 - M.S.T.U. Fund OD N Quarterly Budget Percentage of Difference from Department Description BUDGET (50% of Total) YTD Expenses Annual Budget 50% Comments/ Notes $69,789 $34 ,895 $880 1.3% ($34 Florida Municipal Power Agency (FMPA) legal 102 County Attorney ,015) ex enses P Aquatic Center 104 North County q $836,537 $418,269 $264,034 ° 31.6/° ($154,235) Seasonal operations at pool. Higher expenses (temp. employees) in summer. 105 Gifford Aquatic Center $406,924 $203,462 $118,914 29.2% ($84,548) Seasonal operations at pool. Higher expenses (temp. employees) in summer. 108 Recreation $917,295 $458,648 $421,946 46.0% ($36,701) Some seasonal operations (summer camps) with higher expenses (temp. employees) in summer. 115 Intergenerational Facility $405,252 $202,626 $168,621 41.6% ($34,005) Facility opened Sept 1st- estimated expense budget 116 Ocean Rescue $840,031 $420,016 $381,464 45.4% ($38,551) Operating expenses lower than anticipated. 161 Shooting Range Operations $752,631 $376,316 $273,019 36.3% ($103,297) Decrease in Pro Shop and Clay Target expenses. 199 Reserves $24,076,245 $12,038,123 $11,839,028 49.2% ($199,095) Contingencies budgeted, but not expended. 204 Planning And Development $244,417 $122,209 $104,100 42.6% ($18,108) Expenses to be incurred later in the year. 205 County Planning $939,700 $469,850 $489,631 52.1% $19,781 207 Environmental Plan/Code Enforc $474,003 $237,002 $220,295 46.5% ($16,706) Well Plugging expenses not yet incurred 210 Parks $165,061 $82,531 $67,985 41.2% ($14,545) Other Contractual Services not yet expended. Costs to demolish structures condemned by BCC 214 Roads And Bridges $15,000 $7,500 $16,736 111.6% $9,236 vary and don't occur regularly throughout year. Posting Budget amendment to "roll" funds not used until this year 234 Telecommunications $197,474 $98,737 $52,231 26.4% ($46,506) Capital and other expenses to be incurred laterin the year Commission charged on Ad Valorem collections, 400 Tax Collector $80,000 $40,000 $159,544 199.4% $119,544 most collected by December. TC returns excess fees at year end. Grand Total $30,420,3591 $15,210,180 $14,578,429 47.9% 1 ($631,750) OD N Quarterly Budget Report - Budget to Actual Expense Comparison FY 2016-2017 2nd Qtr 111- Transportation Fund Department Description BUDGET Quarterly Budget (50% of Total) YTD Expenses Percentage of Annual Budget Difference from 50% Comments/ Notes 199 Reserves $1,553,250 $776,625 $468,232 30.1% ($308,393) Contingencies budgeted, but not expended. 214 Roads And Bridges $7,644,757 $3,822,379 $3,332,903 43.6% ($489,476) Capital expenditures processed in April 243 Public Works $289,354 $144,677 $148,068 51.2% $3,391 quarters. This is 45.7% of salaries rather than 244 County Engineering $2,163,471 $1,081,736 $927,538 42.9% ($154,197) Capital equipment purchases not yet made. 245 Traffic Engineering $2,795,400 $1,397,700 $1,110,084 39.7% ($287,616) Position vacancies and signal enhancements to be completed later this year. 281 Stormwater $862,543 $431,272 $337,246 39.1% ($94,025) Aquatic plant pilot study project ongoing Grand Total $15,308,775 $7,654,388 $6,324,071 41.3% 1 ($1,330,316) quarters. This is 45.7% of salaries rather than 114 Emergency Services District Grand Total - All Taxing Funds $167,876,822 $83,938,411 $79,035,673 47.1% 1 ($4,902,738) Quarterly Budget Percentage of Difference from Department Description BUDGET (50% of Total) YTD Expenses Annual Budget 50% Comments/ Notes 11.9 pay periods out of 26 were paid in 2 Salaries $17,466,973 $8,733,487 $7,707,396 44.1% ($1,026,091) quarters. This is 45.7% of salaries rather than 50%. Employee turnover is also contributing to the decrease. 11.9 pay periods out of 26 were paid in 2 Benefits$8,688,215 $4,344,108 $3,844,046 44.2% ($500,062) quarters. This is 45.7% of salaries rather than 50%. Employee turnover is also contributing to the decrease. Operating $4,994,304 $2,497,152 $2,562,353 51.3% $65,201 Capital Outlay $4,419,682 $2,209,841 $263,616 6.0% ($1,946,225) Capital items encumbered/but not yet expensed Grants and Aids $13,822 $6,911 $13,821 100.0% $6,910 Payment to Division of Forestry made once per year, done in October. Other Uses $1,840,342 $920,171 $703,865 38.2% ($216,306) Tax Collector runs at a deficit until excess fees are returned at fiscal year end. Grand Total $37,423,3381 $18,711,6691 $15,095,097 40.3% ($3,616,572) Grand Total - All Taxing Funds $167,876,822 $83,938,411 $79,035,673 47.1% 1 ($4,902,738) FY 2016/2017 BUDGET RECONCILIATION October 1, 2016 to September 30, 2017 Budget Approved Budget as of October 1, 2016 $ 308,029,307 Fund Item Description Budget Amendment Grants Received 001 General Fund/EMPG 77,343 4 001 General Fund/EMPA 41,636 4 001 General Fund/5339 Grant 380,624 9 001 General Fund/5311 Grant 66,583 9 001 General Fund/5307 Grant 612,580 9 108 Section 8/HUD Section 8 Grant 343,044 9 114 Emergency Services District/FEMA FF Assistance Grant 942,500 5 114 Emergency Services District/County Awards Program 21,867 4 315 Optional Sales Tax/FWC Grant/Hunter Education Classroom 144,000 9 2,630,177 Projects Carried Forward from FY 2015116 001 Parks/Automotive 55,170 1 001 General Fund/Fund CIE -Rollover 2,031,571 6 001 Facilities Maint/Other Contractual Services 2,350 1 001 Facilities Maint/Maint-Air Conditioning 13,701 1 001 Facilities Maint/Automotive 28,044 1 004 Shooting Range/Maint-Office Equipment 25 1 004 Shooting Range/Other Operating Supplies 5,526 1 102 Traffic Impact Fees/Fund CIE -Rollover 1,659,283 6 103 Impact Fees/Fund CIE -Rollover 1,169,861 6 109 Secondary Roads/Fund CIE -Rollover 4,798,182 6 109 Secondary Roads/Computer Software (035120) 6,200 1 109 Secondary Roads/Computer Software (068003) 8,300 1 111 Transportation Fund/Fund CIE -Rollover 150,000 6 111 Road & Bridge/Automotive 19,586 1 111 Road & Bridge/Other Machinery & Equipment 3,710 1 111 Traffic Engineering/Maint-Heavy Equipment 18,085 1 111 Traffic Engineering/Uniforms 64 1 114 Emergency Services District/Fund CIE -Rollover 1,249,580 6 114 Fire Rescue/Other Professional Services/Station 15 28,070 1 114 Fire Rescue/Automotive 747,839 1 123 SHIP/Fund CIE -Rollover 9,448 6 124 MPO/Fund CIE -Rollover 1,248,704 6 128 Beach Restoration Fund/Fund CIE -Rollover 5,169 6 129 NSP Grant/Fund CIE -Rollover 62,343 6 133 FL Boating/Fund CIE -Rollover 170,604 6 134 Library Bequest/Fund CIE -Rollover 2,830 6 136 Fed/State Grants/HUD/Fund CIE -Rollover -110,981 6 140. Court Facilities/Fund CIE -Rollover 201,561 6 140 Court Facilities/Metal Detectors 5,000 5 171 East Gifford Stormwater/Fund CIE -Rollover 19,000 6 181 Gifford Streetlights/Fund CIE -Rollover 50,000 6 315 Optional Sales Tax/Fund CIE -Rollover 16,784,884 6 315 Optional Sales Tax/Emergency Services/Automotive 1,013,002 1 315 Optional Sales Tax/Road & Bridge/66th Ave -60th to 49th St. 17,227 1 315 Optional Sales Tax/Road & Bridge/8th St Sidewalk 12,400 1 315 Optional Sales Tax/Facilities Maint/Other Improvements Ex Bldg 645,869 1 411 CC & Recycling/Other Road Materials/Supplies 6,275 1 418 Golf Maint/Golf Renewal & Replacement 350 1 471 Waste Water/Sewage Plant Maint 27,598 1 P184 471 General & Engineering/Misc Water R&R 1,119 1 471 General & Engineering/49th St Water Main Replacement 6,385 1 471 General & Engineering/Hobart Generator Repair 20,791 1 471 Customer Service/Other Operating Supplies 2,635 1 471 Wastewater Collection/Maint Heavy Equipment 3,798 1 471 Wastewater Collection/Utility R&R 900 1 471 Osprey Marsh/Renewal & Replacement 4,177 1 505 Computer Services/Computer Software 3,825 1 32,210,060 Donations/Contributions 004 Parks Conservation/Gopher Tortoise Habitat FFWC P.O. 14,000 4 14,000 Unbudgeted Items 001 General Fund/Hurricane Matthew 112,603 11 001 General Fund/Transfer-Tax Collector 120,000 9 004 MSTU Fund/Hurricane Matthew 5,744 11 102 Traffic Impact Fees/Unconditional Offer - Jenkins Estate 125,000 4 108 Section 8/Moving & Miscellaneous Expenses 86,266 11 111 Transportation Fund/Hurricane Matthew 172,880 11 112 MACE/Sheriff/Law Enforcement 83,572 2&10 114 Emergency Services District/Microsoft Enterprise Agreement 98,655 4 114 Emergency Services District/Hurricane Matthew 2,886 11 117 Tree Ordinance Fund/Other Professional Services 100,000 9 120 911 Surcharge Fund/Microsoft Enterprise Agreement 28,693 4 128 Beach Restoration/Hurricane Matthew Bonus 216 3 128 Beach Restoration/Hurricane Matthew 253,052 11 181 Gifford Streetlighting/Transfer-Property Appraiser 24 9 182 Laurelwood Streetlighting/Transfer-Property Appraiser 4 9 183 Rockridge Streetlighting/Transfer-Property Appraiser 4 9 184 Vero Highlands StreetlightingfTransfer-Property Appraiser 25 9 185 Vero Lake Estates Streetlighting[Transfer-Property Appraiser 50 9 190 Vero Shores Streetlig hting/Tra nsfer- Property Appraiser 2 9 191 Ixora Park Streetlighting/Transfer-Property Appraiser 4 9 192 Royal Poinciana StreetlightingfTransfer-Property Appraiser 4 9 193 Roseland Road StreetlightingfTransfer-Property Appraiser 7 9 195 Moorings Streetlighting[Transfer-Property Appraiser 13 9 199 West Wabasso Streetlighting/Transfer-Property Appraiser 5 9 245 Land Acquisition Bond/Transfer-Property Appraiser 1,413 .9 315 Optional Sales Tax/Courthouse Judge Security 399,625 10 315 Optional Sales Tax/Law Enforcement 70,719 2 315 Optional Sales Tax/Replacement Generator & Windows 135,720 3 411 SWDD/Transfer-Property Appraiser 2,188 9 411 SWDD/Hurricane Matthew Bonus 216 3 411 SWDD/Hurricane Matthew 1,203,409 11 418 Sandridge Golf Course/Hurricane Matthew 7,554 11 418 Golf Course/Hurricane Matthew Bonus 432 3 441 County Building/Microsoft Enterprise Agreement 90,392 4 471 Utilities/Unemployment 320 9 471 Utilities/Microsoft Enterprise Agreement 120,523 4 471 Utilities/Hurricane Matthew Bonus 1,942 3 471 Utilities/On-Call Policy 19,313 4 471 Utilities/Jones Estate 25,500 4 471 Utilities/Hurricane Matthew 73,987 11 501 Fleet/Hurricane Matthew Bonus 216 3 502 Risk/Hurricane Matthew Bonus 216 3 505 IT/Hurricane Matthew Bonus 8,501 3 505 IT/Microsoft Enterprise Agreement 175,698 4 505 IT/Hurricane Matthew 1,535 11 3,529,128 Total - All Amendments 38,383,365 Total Budget as of March 31, 2017 $ 346,412,671 P185 Utilities Services Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: April 19, 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: Collier Creek Estates Subdivision (Utility Phase 2) and Harbor Point Subdivision (Utility Phase 3) Petition Water Assessment Project, Resolutions I (Preliminary Assessment Roll) and II (Public Hearing Date) BACKGROUND On April 11, 2017, under Utilities Services Item 12-G1, the Indian River County Board of County Commissioners (BCC) unanimously authorized staff to proceed with the design for Utility Phase 2 of Collier Creek Estates Subdivision and Utility Phase 3 of Harbor Point Subdivision petition water assessment project. See Attachment 4 for a map of the area. The BCC also directed staff to apply for a Florida Department of Environmental Protection (FDEP) permit and to proceed with the resolution process of the proposed assessment project. ANALYSIS The Collier Creek Estates (Utility Phase 2) and Harbor Point (Utility Phase 3) Subdivision water assessment project has 60 benefitting parcels. The parcels vary in size with an average parcel size of 0.58 acre. According to current tax records, the 60 parcels consist of: • 13 vacant lots • 47 constructed single family homes The proposed 8 -inch watermain will connect to the existing 12 -inch main at the southwest corner of Wave Street and Fleming Street. The total project cost is estimated at $375,000, which includes construction, surveying, engineering, administration and inspection. Therefore, an equal per parcel cost of $6,250.00 will be levied against all 60 benefitting parcels. Once the design is complete, staff will submit plans to the City of Sebastian for a right-of-way permit. A Providing Resolution (Resolution 1) is shown in Attachment 1 and presented for adoption by the BCC. A Setting Resolution (Resolution II) is shown in Attachment 2 and is presented for adoption by the BCC to hold a Public Hearing about the project, overall costs, and the amount of the assessment for each property owner in the benefited area. Pending BCC approval, a Public Hearing will be scheduled for Tuesday, June 13, 2017, at 9:05 A.M. in the Indian River County Commission Chambers. An assessment roll and assessment plat have been prepared and are on file with the Clerk to the BCC and the Utility Department. If the BCC adopts Resolutions I and II, staff will follow procedures for newspaper publications and will notify residents by mail to inform them of the preliminary assessment roll and the public hearing. C:\Users\GRAN IC-1\AppData\Local\Temp\BCL Tech nologies\easyPDF 7\@BCL@58054B81\@BCL@58054B81.docx P186 FUNDING: Funds forthis project are derived from the Assessment Fund. Assessment Fund revenues are generated from connection fees paid by the benefitting property owners. DESCRIPTION ACCOUNT NUMBER AMOUNT Collier Creek Estates Utility Phase 2 and Harbor Point Utility Phase 3 Water 473-169000-16515 $ 375,000.00 Assessment RECOMMENDATION The staff of the Utilities Department recommends the following: 1) Adopt the resolution providing for the installation of the water main within Utility Phase 2 of Collier Creek Estates Subdivision and Utility Phase 3 of Harbor Point Subdivision, subject to the terms outlined in the resolution. The BCC shall establish the applicable interest rate at the time the final assessment roll is approved. 2) Adopt a resolution setting the time and place of the Public Hearing on Tuesday June 13, 2017, at 9:05 am, in the Indian River County Commission Chambers. LIST OF ATTACHMENTS: 1. Providing Resolution (Resolution No. 1) 2. Setting Resolution for Public Hearing (Resolution No. II) 3. Assessment Roll 4. Assessment Area Map C:\Users\GRANIC-1\AppData\Local\Temp\BCL Tech nologies\easyPDF 7\@BCL@58054B81\@BCL@58054B81.docx P187 Providing (First Resolution) RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR A WATER MAIN EXTENSION FROM 101 BARBARA COURT TO AND INCLUDING 108 BARBARA COURT; 101 AREGA STREET TO AND INCLUDING 110 AREGA STREET; 201 AREGA STREET TO AND INCLUDING 213 AREGA STREET; 200 HUNT COURT TO AND INCLUDING 204 HUNT COURT; AND 201 BANKS COURT TO AND INCLUDING 203 BANKS COURT, WITHIN PORTIONS OF PHASES TWO AND SIX OF THE SUBDIVISION OF COLLIER CREEK ESTATES (UTILITY PHASE 2); AND PROVIDING FOR A WATER MAIN EXTENSION FROM 100 HARBOR POINT DRIVE TO AND INCLUDING 117 HARBOR POINT DRIVE; AND 900 S. FLEMING STREET TO AND INCLUDING 907 S. FLEMING STREET WITHIN HARBOR POINT SUBDIVISION (UTILITY PHASE 3), LOCATED WITHIN THE CITY OF SEBASTIAN, IN INDIAN RIVER COUNTY, FLORIDA; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND DESCRIPTION OF THE AREA TO BE SERVED. WHEREAS, the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of the county and has determined to defray the cost thereof by special assessments against certain specially benefited properties to be serviced by a water main extension from 101 Barbara Court to and including 108 Barbara Court; 101 Arega Street to and including 110 Arega Street; 201 Arega Street to and including 213 Arega Street; 200 Hunt Court to and including 204 Hunt Court; and 201 Banks Court to and including 203 Banks Court, within portions of Phases Two and Six of the subdivision of Collier Creek Estates (Utility Phase 2); and a water main extension from 100 Harbor Point Drive to and including 117 Harbor Point Drive; and 900 S. Fleming Street to and including 907 S. Fleming Street within Harbor Point Subdivision (Utility Phase 3), located within the City of Sebastian, in Indian River County, Florida, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: The County does hereby determine that a water main shall be extended from 101 Barbara Court to and including 108 Barbara Court; 101 Arega Street to and including 110 Arega Street; 201 Arega Street to and including 213 Arega Street; 200 Hunt Court to and including 204 Hunt Court; and 201 Banks Court to and including 203 Banks Court, within portions of Phases Two and Six of the subdivision of Collier Creek Estates (Utility Phase 2); and a water main shall be extended from 100 Harbor Point Drive to and including 117 Harbor Point Drive; and 900 S. Fleming Street to and including 907 S. Fleming Street within Harbor Point Subdivision (Utility Phase 3), located within the City of Sebastian, in Indian River County, Florida, to specially benefit 60 parcels located therein ("Improvements"), and that P188 RESOLUTION NO. 2017 - the cost thereof shall be specially assessed in accordance with the provisions of Section 206.01 through 206.09 of The Code of Indian River County. 2. As access to water provides an equal benefit to each property served, the assessment will be equal per parcel. 3. The estimated cost for the Improvements is $375,000.00 or $6,250.00 per parcel to be paid by the properties specially benefited as shown on the assessment plat on file with the Department of Utility Services and the Clerk to the Board. Assessments are to be levied against all lots and lands adjoining and contiguous or bounding and abutting upon the Improvements or specially benefited thereby and further designated by the assessment plat with respect to -the special assessments. 4. A special assessment in the amount of $6,250.00 per parcel may be assessed against each of the specially benefited properties designated on the assessment plat on file with the Clerk to the Board. This special assessment may be raised or lowered by action of the Board of County Commissioners serving as the equalizing board at the public hearing, as set forth in Section 206.07 of The Code of Indian River County. 5. The special assessments shall be due and payable and may be paid in full within 90 days after the date of the as -built resolution of the Board with respect to credits against the special assessments after completion of the Improvements (the "Credit Date") without interest. If not paid in full, the special assessments may be paid in ten equal yearly installments of principal plus interest. If not paid when due, there shall be added a penalty of 1-1/2% of the principal not paid when due. The unpaid balance of the special assessments shall bear interest until paid at a rate to be determined by the Board of County Commissioners when the Improvements are completed. 6. There is presently on file with the Department of Utility Services and the Clerk to the Board an assessment plat showing the area to be assessed, plans and specifications for the Improvements and an estimate of the cost of the proposed Improvements. All of these are open to inspection by the public at the Department of Utility Services and the Clerk to the Board. 7. A proposed preliminary assessment roll with respect to the special assessments is on file with the Department of Utility Services and the Clerk to the Board. 8. Upon the adoption of this resolution, the Department of Utility Services shall cause this resolution (along with a map showing the areas to be served) to be published at least one time in the Indian River Press Journal before the public hearing as required by Section 206.04 of The Code of Indian River County. The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Tim Zorc Commissioner Bob Solari P189 RESOLUTION NO. 2017-. The Chairman thereupon declared the resolution duly passed and adopted this day of May, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Joseph E. Flescher, Chairman _ .. _ Deputy Clerk Arj ROVED A3 TO FORM AND LE AL SUFFI 'B DYLAN REINGOLD COUNTY ATTORNEY P190 Time and Place (Second Resolution) RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SETTING A TIME AND PLACE AT WHICH THE OWNERS OF PROPERTIES FROM 101 BARBARA COURT TO AND INCLUDING 108 BARBARA COURT; 101 AREGA STREET TO AND INCLUDING 110 AREGA STREET; 201 AREGA STREET TO AND INCLUDING 213 AREGA STREET; 200 HUNT COURT TO AND INCLUDING 204 HUNT COURT; AND 201 BANKS COURT TO AND INCLUDING 203 BANKS COURT, WITHIN PORTIONS OF PHASES TWO AND SIX OF THE SUBDIVISION OF COLLIER CREEK ESTATES (UTILITY PHASE 2); AND FROM 100 HARBOR POINT DRIVE TO AND INCLUDING 117 HARBOR POINT DRIVE; AND 900 S. FLEMING STREET TO AND INCLUDING 907 S. FLEMING STREET WITHIN HARBOR POINT SUBDIVISION (UTILITY PHASE 3), LOCATED WITHIN THE CITY OF SEBASTIAN, IN INDIAN RIVER COUNTY, FLORIDA; AND OTHER INTERESTED PERSONS, MAY APPEAR BEFORE THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AND BE HEARD AS TO THE PROPRIETY AND ADVISABILITY OF CONSTRUCTING THE WATER MAIN EXTENSIONS, AS TO THE COST THEREOF, AS TO THE MANNER OF PAYMENT THEREFOR, AND AS TO THE AMOUNT THEREOF TO BE SPECIALLY ASSESSED AGAINST EACH PROPERTY BENEFITED THEREBY. WHEREAS, the Board of County Commissioners of Indian River County has, by Resolution No. 2017- , determined that it is necessary for the public welfare of the citizens of the County, and particularly as to those living, working, and owning property within the area described hereinafter, that a waterline be installed from 101 Barbara Court to and including 108 Barbara Court; 101 Arega Street to and including 110 Arega Street; 201 Arega Street to and including 213 Arega Street; 200 Hunt Court to and including 204 Hunt Court; and 201 Banks Court to and including 203 Banks Court, within portions of Phases Two and Six of the subdivision of Collier Creek Estates (Utility Phase 2); and from 100 Harbor Point Drive to and including 117 Harbor Point Drive; and 900 S. Fleming Street to and including 907 S. Fleming Street within Harbor Point Subdivision (Utility Phase 3), located within the City of Sebastian, in Indian River County, Florida, to serve 60 parcels ("Improvements"); and WHEREAS, as access to water provides an equal benefit to each property served, the assessment will be equal per parcel; and WHEREAS, it has been determined that the cost to be specially assessed with respect thereto shall be $375,000.00 or $6,250.00 per parcel; and P191 RESOLUTION NO. 2017 - WHEREAS, the Board of County Commissioners has caused an assessment roll to be completed and filed with the Clerk to the Board; and WHEREAS, Section 206.06 of The Code of Indian River County provides that the Board of County Commissioners shall fix a time and place at which the owners of the specially benefited properties to be specially assessed or any other persons interested therein may appear before the Board of County Commissioners and be heard as to the propriety and advisability of constructing such water main extension, as to the cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property benefited thereby, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County Commission shall meet at the County Commission Chambers in the County Administration Building at the hour of 9:05 a.m., or as soon thereafter as the matter may be heard, on Tuesday, June 13, 2017; at which time the owners of the specially benefited properties to be specially assessed and any other interested persons, may appear before said Commission and be heard as to the propriety and advisability of making the improvements, the cost thereof, the manner of payment therefor, and the amount to be assessed against each property. The area to be improved and the properties to be specially benefited are more particularly described upon the assessment plat and the assessment roll with regard to the special assessments. 2. All persons interested in the construction of said Improvements and the special assessments against the properties to be specially benefited may review the assessment plat showing the area to be assessed, the assessment roll, the plans and specifications for said Improvements, and an estimate of the cost thereof at the office of the Department of Utility Services and the Clerk to the Board any week day from 8:30 a.m. until 5:00 p.m., excluding holidays. 3. Notice of the time and place of this public hearing shall be given by two publications in the Indian River Press Journal Newspaper one week apart. The last publication shall be at least one week prior to the date of the hearing. 4. The Department of Utility Services shall give the owner of each property to be specially assessed at least ten days' notice in writing of such time and place, which shall be served by mailing a copy of such notice to each of such property owners at his last known address obtained from the records of the property appraiser. P192 RESOLUTION NO. 2017 - The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman 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 June, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By M Deputy Clerk APPROV&D AQ T(3 pom-m AND LEGAL SUFPICI ay BY YLAN REINGOLD COUNTY ATTORNEY U Joseph E. Flescher, Chairman P193 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 1 Parcel # 31-38-13-00007-0000-00001.0 Assessment= $6,250.00 Owner KING, JOHN A (TR)(TOK) Secondary Owner #1 Secondary Owner #2 Mailing Address 901 S FLEMING ST SEBASTIAN FL 32958-5021 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT: LOT 1 PBI/OR BK: PBI 14-77 Site Address 901 FLEMING ST Revision Date : 4/6/2017 Parcel # 31-38-13-00007-0000-00002.0 Assessment= $6,250.00 Owner CURTIS, WILLIAM R AND DAWN E Secondary Owner #1 Secondary Owner #2 Mailing Address 101 HARBOR POINT DR VERO BEACH FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 2 PBI/OR BK: PBI 14-77 Site Address 101 HARBOR POINT DR Revision Date: 4/6/2017 Parcel # 31-38-13-00007-0000-00003.0 Assessment= $6,250.00 Owner LEA, BRUCE WAND ELEANOR 'Secondary Owner #1 Secondary Owner #2 Mailing Address 103 HARBOR POINT DR SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 3 PBI/OR BK: PBI 14-77 Site Address 103 HARBOR POINT DR evision Date: 4/6/2017 F. f:\Utilities\UTiUTY • En;ineerin,\Projects •.Assessment Projects\000Assessments_2017_Proposed\02_Por tionCollierCreek_HarborPoint\v'JordDo;ument\01_Prelimin aryAssessmentRoll—RESOLUTION— 1_2_P ort ionColLerCreek HarborPoint_03_24 2017.docx Tuesday, Acril 18, 2017 P194 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 1 Parcel # 31-38-13-00007-.0000-00004.0 Assessment= $6,250.00 Owner BUSH, LISA Secondary Owner #1 Secondary Owner #2 Mailing Address 105 HARBOR POINT DR SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 4 PBI/OR BK: PBI 14-77 Site Address 105 HARBOR POINT DR Revision Date : 4/6/2017 Parcel # 31-38-13-00007-0000-00005.0 Assessment= $6,250.00 Owner RANDOLPH, JAMES A (LE) AND BARBARA M (LE) Secondary Owner #1 RANDOLPH, BARBARA K (COTRS) Secondary Owner #2 RANDOLPH, JAMES A (COTRS) Mailing Address 107 HARBOR POINT DR SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/U NIT: LOTS PBI/OR BK: PBI 14-77 Site Address 107 HARBOR POINT DR Revision Date : 4/6/2017 Parcel # 31-38-13-00007-0000-00006.0 Assessment= $6,250.00 Owner MIHELICH, JOSEPH M AND KAREN A Secondary Owner #1 Secondary Owner #2 Mailing Address 109 HARBOR POINT DR SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 6 PBI/OR BK: PBI 14-77 Site Address 109 HARBOR POINT DR Revision Date : 4/6/2017 F:\Utilities\UTILITY • Engineering\Project; - Assessment Projects\OOOAssessments_2017_Proposed\02_PortionCollierCreek HarborPornt\,,VordDocument\01_Preliminaryrsse5smer.tRoll_RESOLUT10W_1-2_PortionCollierCreek_HarborPoint 03 24 2017.docx Tuesday, April 13, 2017 P195 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES,j,�=>> PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 1 Parcel # 31-38-13-00007-0000-00007.0 Assessment= $6,250.00 Owner ARLOTTA, MICHAEL AND TRACY Secondary Owner #1 Secondary Owner #2 Mailing Address 111 HARBOR POINT DR SEBASTIAN FL 32958 Legal. HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 7 PBI/OR BK: PBI 14-77 Site Address 111 HARBOR POINT DR Revision Date : 4/6/2017 Parcel # 31-38-13-00007-0000-00008.0 Assessment= $6,250.00 Owner CHERRY, LAWRENCE J AND JILL M Secondary Owner #1 Secondary Owner #2 Mailing Address 113 HARBOR POINT DR SEBASTIAN FL 32958-5017 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 8 PBI/OR BK: PBI 14-77 Site Address 113 HARBOR POINT DR Revision Date : 4/6/2017 Parcel # 31-38-13-00007-0000-00009.0 Assessment= $6,250.00 Owner PASCHALL, GREGORY S AND REBECCA A Secondary Owner #1 Secondary Owner #2 Mailing Address 115 HARBOR POINT DR SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 9 PBI/OR BK: PBI 14-77 Site Address 115 HARBOR POINT DR Revision Date : 4/6/2017 F:\Utilities\UTILITY - Engineering\Projects - Assessment Projects\OOOAssessments_2017_Proposed\02_PortionCollierCreek HarborPoint\lnrord0ocument\01_PrelirninaryAssessmentRoll RESOLUTIOt•I_1 2_PortionCollierCreek—HarborPoint_OS 24 _2017.doa Tuesday, April 18. 201 P196 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES i PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 1 Parcel # 31-38-13-00007-0000-00010.0 Assessment= $6,250.00 Owner TAllIA, NORMA P (TR)(TOK) Secondary Owner #1 Secondary Owner #2 Mailing Address 117 HARBOR POINT DR SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 10 PBI/OR BK: PBI 14-77 Site Address 117 HARBOR POINT DR Revision Date : 4/6/2017 Parcel # 31-38-13-00007-0000-00011.0 Assessment= $6,250.00 Owner GAMBRELL, LESLIE C AND DEBRA A Secondary Owner #1 Secondary Owner #2 Mailing Address 116 HARBOR POINT DR SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 11 PBI/OR BK: PBI 14-77 Site Address 116 HARBOR POINT DR Revision Date : 4/6/2017 Parcel # 31-38-13-00007-0000-00012.0 Assessment= $6,250.00 Owner GRIMALDI, RAYMOND V (TR)(TOK) AND MARCIA J (TR)(TOK) Secondary Owner #1 Secondary Owner #2 Mailing Address 114 HARBOR POINT DR SEBASTIAN FL 32958-5017 Legal HARBOR POINT SUB .BLK/BLDG LOT/UNIT : LOT 12 PBI/OR BK: PBI 14-77 Site Address 114 HARBOR POINT DR Revision Date : 4/6/2017 F AUtilities\UTILITY - Engineering\Projects - 1;sessnlent Projects\OCDAssessments_2017_Proposed\02_PortionCollierCreek_HarborPornt\WordDocument\Oi_PreliminaryAssessmentRoll_RESOLUTIOfd_1 2 PortionCollierCreek_HarborPoint_03 24 2017.docx Tuesday, April 18, 2017 P197 INDIAN RIVER COUNTY— DEPARTMENT OF UTILITY SERVICES "-,t PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 1 Parcel # 31-38-13-00007-0000-00013.0 Assessment= $6,250.00 Owner CLARK, ROBERT S AND DOROTHY C Secondary Owner #1 Secondary Owner #2 Mailing Address 112 HARBOR POINT DR SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 13 PBI/OR BK: PBI 14-77 Site Address 112 HARBOR POINT DR Revision Date : 4/6/2017 Parcel # 31-38-13-00007-0000-00014.0 .Assessment= $6,250.00 Owner RAMSAY, MARIE (TR) Secondary Owner #1 Secondary Owner #2 Mailing Address 709 NE 18TH AVE FORT LAUDERDALE FL 33304 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT: LOT 14 PBI/OR BK: PBI 14-77 Site Address 110 HARBOR POINT DR Revision Date : 4/6/2017 Parcel # 31-38-13-00007-0000-00015.0 Assessment= $6,250.00 Owner MATHEWSON, MATTHIAS AND MAUREEN A Secondary Owner #1 Secondary Owner #2 Mailing Address 108 HARBOR POINT DR SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 15 PBI/OR BK: PBI 14-77 Site Address 108 HARBOR POINT DR Revision Date : 4/6/2017 F,\Utilkles\UTILITY - Engineering\Projects -.Assessment Projects\0004ssessmenis_2017_Pr oposed\02_PortfonCollierCreel;_tiarborPoint\WordDocum en,\01 Preliminity4ssessm2ntRoll_RESOWT10t•1_1_2_PorlionCollierCreek_.4arborPoint_03 2^- 2017.doca Tuesday, April 18. 2017 P198 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 1 Parcel # 31-38-13-00007-0000-00016.0 Assessment= $6,250.00 Owner GROCHOWSKI, ALAN E Secondary Owner #1 SWEENEY-CSIKORTOS LYNN Secondary Owner #2 Mailing Address 106 HARBOR POINT DR SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 16 PBI/OR BK: PBI 14-77 Site Address 106 HARBOR POINT DR Revision Date : 4/6/2017 Parcel # 31-38-13-00007-0000-00017.0 Assessment= $6,250.00 Owner LAVISKA, JOHN R JR AND NANCY A Secondary Owner #1 Secondary Owner #2 Mailing Address 104 HARBOR POINT DRIVE SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 17 PBI/OR BK: PBI 14-77 Site Address 104 HARBOR POINT DR Revision Date : 4/6/2017 Parcel # 31-38-13-00007-0000-00018.0 Assessment= $6,250.00 Owner MATTUCCI, ROBERT J AND BARBARA J Secondary Owner #1 Secondary Owner #2 Mailing Address 5361 N MESA DR CASTLE ROCK CO 80108 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 18 PBI/OR BK: PBI 14-77 Site Address 102 HARBOR POINT DR Revision Date : 4/6/2017 F:\Utilities\UTILITY • Engiree: mg\Projects - Assessment Projects\OOOAssessments_2017_Proposed\02_PortionCollierCreek_HarborPoint\WordDocument\O1_PreliminaryAssessmentRoll_RESO LUTION_1_2-Por ti0nC011iarCreek_HarborPoint_03_24 2017.docx Tuesday, April 18, 2017 P199 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES,=�;, PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL —RESOLUTION 1 Parcel # 31-38-13-00007-0000-00019.0 Assessment= $6,250.00 Owner SAMUELSON, DAVID A AND SHERRY A Secondary Owner #1 Secondary Owner #2 Mailing Address 100 HARBOR POINT DR SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 19 PBI/OR BK: PBI 14-77 Site Address 100 HARBOR POINT DR Revision Date : 4/6/2017 Parcel # 31-38-13-00007-0000-00020.0 Assessment= $6,250.00 Owner MCELWAIN, BLANE & NANCY Secondary Owner #1 Secondary Owner #2 Mailing Address 907 S FLEMING ST SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 20 PBI/OR BK: PBI 14-77 Site Address 907 FLEMING ST Revision Date : 4/6/2017 Parcel # 31-38-13-00007-0000-00021.0 Assessment= $6,250.00 Owner DODD, CHARLES E AND DENISE S Secondary Owner #1 Secondary Owner #2 Mailing Address 906 FLEMING ST SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 21 PBI/OR BK: PBI 14-77 Site Address 906 FLEMING ST Revision Date : 4/6/2017 F:\Utilities\UTILITY - Engineering\Project; - Assessment Projects\OOOAssessments_2017_Proposed\02_PortionCollierCreek_HarhorPoint\!'1ord0ocument\01_PreliminaryAssessmentRoll_RESOLUTIOid_1_2_PortionCollierCreek_HaroorPoint_03 2,• 2017.docx Tuesday, April 18, 2017 P200 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT ;- PRELIMINARY ASSESSMENT ROLL— RESOLUTION 1 Parcel # 31-38-13-00007-0000-00022.0 Assessment= $6,250.00 Owner GRAHAM, ROBERT AND VICKI Secondary Owner #1 Secondary Owner #2 Mailing Address 904 S FLEMMING ST SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 22 PBI/OR BK: PBI 14-77 Site Address 904 FLEMING ST Revision Date: 4/6/2017 Parcel # 31-38-13-00007-0000-00023.0 Assessment= $6,250.00 Owner KNOTTS, DAVID D AND DIANE M Secondary Owner #1 Secondary Owner #2 Mailing Address 902 FLEMING ST SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT: LOT 23 PBI/OR BK: PBI 14-77 Site Address 902 FLEMING ST Revision Date : 4/6/2017 Parcel # 31-38-13-00007-0000-00024.0 Assessment= $6,250.00 Owner BRINK, THOMAS A & NANCY J Secondary Owner #1 Secondary Owner #2 Mailing Address 900 FLEMING ST SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 24 PBI/OR BK: PBI 14-77 Site Address 900 FLEMING ST Revision Date: 4/6/2017 F:\Utilities\UTIUT! - EngineeringWrojects • Assessment Projects\0004ssessments_2011_Proposed\02_PoitiotiCollierCreel HarborPmnt\k-,!ordDOcunient\01_PrelllnlnaryAssessmentRoll_RESOI.UTIO,11_1_2_Port,onC011ierCraek—HarbotPcint 03 24 2017.docx Tuesday, April 18, 2017 P201 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 1 ��A'"''✓ Parcel # 31-39-18-00006-0003-00001.0 Assessment= $6,250.00 Owner GLEASON, SHELDON L & Secondary Owner #1 GLEASON, JAMES E Secondary Owner #2 Mailing Address 101 BARBARA CT SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK C LOT/UNIT : LOT 1 PBI/OR BK: PBI 15-39 Site Address 101 BARBARA CT Revision Date : 4/6/2017 Parcel # 31-39-18-00006-0003-00002.0 Assessment= $6,250.00 Owner AGHA, TAHIR H QIZILBASH & Secondary Owner #1 QIZILBASH, ZAKIA B Secondary Owner #2 Mailing Address 103 BARBARA CT SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK C LOT/UNIT: LOT 2 PBI/OR BK: PBI 15-39 Site Address 103 BARBARA CT Revision Date : 4/6/2017 Parcel # 31-39-18-00006-0003.00003.0 Assessment= $6,250.00 Owner HULL, RICHARD G AND MUNICENT E Secondary Owner #1 Secondary Owner #2 Mailing Address 105 BARBARA CT SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK C LOT/UNIT : LOT 3 PBI/OR BK: PBI 15-39 Site Address 105 BARBARA CT Revision Date: 4/6/2017 F\UtilitieAUTIUre - Engineering\Projects • Assessment Projects\OOOAssess ments_2017_Prop osed\02_PortionCollierCreek-FtarborPoint\lS'ordDecument\O 1_PreliminarvAssessmentRoll RESOUJTi07d_'I_2_PortionCollierCreek iarborPoint_03_24 2017.ciocx Tuesday, April 18, 2017 P202 -... INDIAN RIVER COUNTY— DEPARTMENT OF UTILITY SERVICES /.'-w PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 1 Parcel # 31-39-18-00006-0003-00004.0 Assessment= $6,250.00 Owner SMITH, MICHAEL J JR AND ANGELA MARIE Secondary Owner #1 Secondary Owner #2 Mailing Address 107 BARBARA CT SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK C LOT/UNIT: LOT4 PBI/OR BK: PBI 15-39 Site Address 107 BARBARA CT Revision Date : 4/6/2017 Parcel # 31-39-18-00006-0003-00005.0 Assessment= $6,250.00 Owner MCCARDELL, JAMES R & Secondary Owner #1• WOOD, PAMELA H Secondary Owner #2 Mailing Address 108 BARBARA CT SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK C LOT/UNIT : LOT 5 PBI/OR BK: PBI 15-39 Site Address 108 BARBARA CT Revision Date : 4/6/2017 Parcel # 31-39-18-00006-0003-00006.0 Assessment= $6,250.00 Owner PRUDENTI, ANTHONY AND ELIZABETH Secondary Owner #1 Secondary Owner #2 Mailing Address 106 BARBARA CT SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK C LOT/UNIT : LOT 6 PBI/OR BK: PBI 15-39 Site Address 106 BARBARA CT Revision Date: 4/6/2017 FAUtilities\UTIIITY - Engineering\Protects - Assessment Projeas\000Assessments_20V_Propo;ed\02 Po,iionCollierCrea4_Harbor?oml\l"lord0ocumenty0l Preliminary4sessmentRoll_RESOLU'10N_l_2_PortionCollierCreek_HarborPolnt 03 24 2017.docx Tuesday, April 1°, 2C17 P203 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL — RESOLUTION I Parcel # Owner 31-39-18-00006-0003-00007.0 Confidential Assessment= $6,250.00 Secondary Owner #1 Secondary Owner #2 Mailing Address Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG: BLK C LOT/LINIT: LOT 7 PBI/OR BK: ,PBI 15-39 Site Address Revision Date 4/6/2017 Parcel # 31-39-18-00006-0003-00008.0 Owner GWINN, RICHARD & Assessment= —$6,250.00 Secondary LEE, PHILIP Owner #1 Secondary Owner #2 Mailing Address, 102 BARBARA CT SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK C LCIT/UNIT: LOT 8 PBI/OR BK: PBI 15-39 Site Address 102 BARBARA CT Revision Date 4/6/2017 Parcel # 31-39-18-00006-0004-00001.0 Owner BROSKO, STANLEY J & Assessment= $6,250.00 Secondary PARSONS, MARI Owner #1 Secondary Owner #2 —113 Mailing Address S WIMBROW DR SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG: BLK D LOT/UNIT: LOT I PBI/OR BK: PBI 15-39 Site Address 101 AREGA ST Revision Date 4/6/2017 F:\U1ifiries\UTlLlTY • Zngineering\ProieCiS - AsSeSSMerj PI*Oject;\OOOAssesslltellts-2017 Proposed\02 PowOnCollie,Creek Hfbor,ont\Y10r0.Docvm c i❑it\0 I..Preli mi naf yAssessni en t Roll RESOLUTION 1 2 PordonColheiCieek liarborPoint 03 24 2017 dory. Tuesday, IS, 2017 P204 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES lei • � :l, PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT t� • ';;? PRELIMINARY ASSESSMENT ROLL — RESOLUTION 1 Parcel # 31-39-18-00006-0004-00002.0 Assessment= $6,250.00 Owner PURAKOVICS, JOHN AND LINDSAY Secondary Owner #1 Secondary Owner #2 Mailing Address 103 AREGA ST SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK D LOT/UNIT: LOT.2 PBI/OR BK: PBI 15-39 Site Address 103 AREGA ST Revision Date : 4/6/2017 Parcel # 31-39-18-00006-0004-00003.0 Assessment= $6,250.00 Owner DEMPSEY, DOROTHY M AND MARK E Secondary Owner #1 Secondary Owner #2 Mailing Address, 105 AREGA ST SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK D LOT/UNIT: LOT PBI/OR BK: PBI 15-39 Site Address 105 AREGA ST Revision Date : 4/6/2017 Parcel # 31-39-18-00006-0004-00004.0 Assessment= $6,250.00 Owner ALTVATER, HENRY L AND EDITH E Secondary Owner #1 Secondary Owner #2 Mailing Address 202 CHELLO AVE SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK D LOT/UNIT: LOT4 PBI/OR BK: PBI 15-39 Site Address 107 AREGA ST R, -vision Date: 4/6/2017 P:\U1i1ities1,UT1LM • Engineering\Projects • Assessment Projects\000Assessmencs_2017 Proposed\02 PortionCollierCi,e!!k_HarborPoint\V%IorciDocin:ent\OI_PreliminafIA5sessmer.,Rol_P.ESOLUTION_1_2_POrtioriCollierCree%_FtarborPoint_O3 24 201?.docx Tuesday. April i3, 2Q17 P205 INDIAN RIVER COUNTY - DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 1 Parcel # 31-39-18-00006-0004-00005.0 Assessment= $6,250.00 Owner PAUL, ANDREW (LE) AND BARBARA (LE) Secondary Owner #1 PAUL, ANDREW H III Secondary Owner #2 PAUL, NEIL R II Mailing Address 109 AREGA ST SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK D LOT/UNIT : LOT 5 PBI/OR BK: PBI 15-39 Site Address 109 AREGA ST Revision Date : 4/6/2017 Parcel # 31-39-18-00006-0004-00006.0 Assessment= $6,250.00 Owner DUNN, DEAN L AND LAURA Secondary Owner #1 Secondary Owner #2 Mailing Address 110 AREGA ST SEBASTIAN FL 32958-5026 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK D LOT/UNIT.: LOT 6 PBI/OR BK: PBI 15-39 Site Address 110 AREGA ST Revision Date : 4/6/2017 Parcel # 31-39-18-00006-0004-00007.0 Assessment= $6,250.00 Owner HOULISTON, WILLIAM & Secondary Owner #1 ROGAN, TRACEY ELLEN Secondary Owner #2 Mailing Address 1701 NE 115TH ST APT 36 MIAMI FL 33181 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK D LOT/UNIT: LOT 7 PBI/OR BK: PBI 15-39 Site Address 108 AREGA ST Revision Date : 4/6/2017 F ALltilitiesMILITY - Engineering\Projects - Assessment Project3\000.4sessntents 2017 Proposed\02 PortionCollietCreek_HarborPoini\vord0ocument\01_PreliminaryAsessmentRoll_RESOLUi[ON_!_2_PortionCollierCreek_HaiborPoint_03_2d '017.docx Tuesday. April 13, 2017 P206 INDIAN RIVER COUNTY —DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 1 �''"'�•� Parcel # 31-39-18-00006-0004-00008.0 Assessment= $6,250.00 Owner PALLON, ,ANTHONY C JR AND KAREN T Secondary Owner #1 Secondary Owner #2 Mailing Address 106 AREGA ST SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK D LOT/UNIT : LOT 8 PBI/OR BK: PBI 15-39 Site Address 106 AREGA ST Revision Date : 4/6/2017 Parcel # 31-39-18-00006-0004-00009.0 Assessment= $6,250.00 Owner KAPALKA, THADDEUS J Secondary Owner #1 Secondary Owner #2 Mailing Address 104 AREGA ST SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG: BLK D LOT/UNIT: LOT PBI/OR BK: PBI 15-39 Site Address 104 AREGA ST Revision Date : 4/6/2017 Parcel # 31-39-18-00006-0004-00010.0 Assessment= .$6,250.00 Owner BENNETT-CROSDALE, DIANA (TRS) Secondary Owner #1 Secondary Owner #2 Mailing Address 6932 NW DAFFODIL LN PORT ST LUCIE FL 34983 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK D LOT/UNIT: LOT 10 PBI/OR BK: PBI 15-39 Site Address 102 AREGA ST Revision Date : 4/6/2017 E:\Utilities\UTIIITr • Engineerm-,\Ptojects - Assessment Project s\OOOA;sesin; ents_2017_P,opo.ed\O2 Por tionColliet,Creek HarborPoint\Wordoocun:ant\0!_Preliminary,4ssessmentRoll_F.Ei01UTt0\_1_2 PortionCoiliaiCre^%_HarbcrPoint_03_24 2017.e,oC> Tuesday, A4ril 19. 20!7 P207 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES MrMF� PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL— RESOLUTION 1 Parcel # 31-39-18-00011-0005-00001.0 Assessment= $6,250.00 Owner KELLER, PATRICIA A AND ARTHUR V Secondary Owner #1 Secondary Owner #2 Mailing Address 136 REGATTA ST MELBOURNE BEACH FL 32951 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 1 PBI/OR BK: PBI 17-76 Site Address 200 HUNT CT Revision Date : 4/6/2017 Parcel # 31-39-18-00011-0005-00002.0 Assessment= $6,250.00 Owner KELLER, PATRICIA A AND ARTHUR V Secondary Owner #1 Secondary Owner #2 Mailing Address 136 REGATTA ST MELBOURNE BEACH FL 32951 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 2 PBI/OR BK: PBI 17-76 Site Address 202 HUNT CT Revision Date : 4/6/2017 Parcel # 31-39-18-00011-0005-00003.0 Assessment= $6,250.00 Owner SAVAGE, JAMES A & GRACE A Secondary Owner #1 Secondary Owner #2 Mailing Address 204 HUNT CT SEBASTIAN FL 32958-5106 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 3 PBI/OR BK: PBI 17-76 Site Address 204 HUNT CT Revision Date: 4/6/2017 E:\Utiiitie;\UTILITY - Engineering\Projects - Assessment Projects\000.4;sessmen:s_2017_Proposed\02_PortionColl,erCreek_HarborPoint\!VordoocumenP,01_PrelrminaryA;;e;smen;Roll_RESOLUTIOnI_.t_2_Port anCollierCreek_HarborPoint 03_2-4 2017 dory. Tuesday, .April 18, 2017 P208 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL— RESOLUTION 1 Parcel # 31-39-18-00011-0005-00004.0 Assessment= $6,250.00 Owner FROST, GEOFFREY T AND LOREN L Secondary Owner #1 Secondary Owner #2 Mailing Address 1076 STONE ST RAHWAY NJ 07065 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT: LOT 4 PBI/OR BK: PBI 17-76 Site Address 203 HUNT CT Revision Date : 4/6/2017 Parcel # 31-39-18-00011-0005-00005.0 Assessment= $6,250.00 Owner FRANKLIN, RICHARD A Secondary Owner #1 Secondary Owner #2 Mailing Address 756 LAYPORT DR SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/U NIT: LOT 5 PBI/OR BK: PBI 17-76 Site Address 201 HUNT CT Revision Date : 4/6/2017 Parcel # 31-39-18-00011-0005-00006.0 Assessment= $6,250.00 Owner BRADSTREET, RONALD W (TR) Secondary Owner #1 Secondary Owner #2 Mailing Address PO BOX 7121 LACONIA NH 03247-7121 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 6 PBI/OR BK: PBI 17-76 Site Address 208 AREGA ST Revision Date : 4/6/2017 F\Uufities\UTILITY • Engineering\Project, - Assessment Projects\0004sesstilents_2017_Proposed\02_PortionCol1i c,Creel•_H-,rborPoint\Word Document\0L_PrefiminaryAssessrnentRo11_P.ESO1.UT10;•1_1_2_PwlionCaWerCreet:_HarborPoint 03 24 _2017.docx Tuesday, April 18, 2017 P209 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT `!I.irY1Cj 1 PRELIMINARY ASSESSMENT ROLL — RESOLUTION 1 Parcel # 31-39-18-00011-0005-00007.0 Assessment= $6,250.00 Owner Confidential Secondary Owner #1 Secondary Owner #2 Mailing Address Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 7 PBI/OR BK: PBI 17-76 Site Address Revision Date : 4/6/2017 Parcel # 31-39-.18-00011-0005-00008.0 Assessment= $6,250.00 Owner HEINZ, DENNIS S & Secondary Owner #1 GREER, GRETA C Secondary Owner #2 Mailing Address 1369 OLD TOWN RD BLOCK ISLAND RI 02807 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/U NIT: LOT 8 PBI/OR BK: PBI 17-76 Site Address 212 AREGA ST Revision Date : 4/6/2017 Parcel # 31-39-18-00011-0005-00009.0 Assessment= $6,250.00 Owner TEMPESTA, MATTHEW Secondary Owner #1 Secondary Owner #2 Mailing Address 229 POND VIEW LN SMITHTOWN NY 11787 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT: LOT 9 PBI/OR BK: PBI 17-76 Site Address 213 AREGA ST Revision Date : 4/6/2017 f:\Utilities\UTILITY cn;ineering\e'rojee[s-Assessment Project s\OOOassessments_2017 Proposed\02_PartronCollierCrcck_latborPoint\V/fordDOCUnient\01_Prelimina(y..45se:smentRo11_P.E50LUTI0V_1_2-PortionCO1lierCreek_HarborPoint 03_24 2017.docx Tuesday, April 18, 2017 P210 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES j...: A PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL— RESOLUTION.1 Parcel # 31-39-18-00011-0005-00010.0 Assessment= $6,250.00 Owner LEM01, RUSSELL G AND PATRICIA M Secondary Owner #1 Secondary Owner #2 Mailing Address 211 AREGA ST SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 10 PBI/OR BK: PBI 17-76 Site Address 211 AREGA ST Revision Date : 4/6/2017 Parcel # 31-39-18-00011-0005-00011.0 Assessment= $6,250.00 Owner ZAIDI, SYED IRFAN (COTRS)(TOK) AND MUNAWAR SULTANA (COTRS)(TOK) Secondary Owner #1 Secondary Owner #2 Mailing Address 209 AREGA STREET SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 11 PBI/OR BK: PBI 17-76 Site Address 209 AREGA ST Revision Date : 4/6/2017 Parcel # 31-39-18-00011-0005-00012.0 Assessment= $6,250.00 Owner FRANKLIN, RICHARD Secondary Owner #1 Secondary Owner #2 Mailing Address 756 LAYPORT DR SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT: LOT 12 PBI/OR BK: PBI 17-76 Site Address 207 AREGA ST Revision Date: 4/6/2017 F?,Uti14,e;\UTILITY Engineering;Projerts - Asses;m=_nt Projects\000Asse;sments_2017_Proposed\02_PortionCo11ierCr eel<_Har6orPomt\."ordDocvnment\01_P.eliminaryAssessmentRoll RESOLUTIOi•I_1-2..PartronCoilierCree'_I:arjprPoint_I).i 7•t 2017 clOCt Tuesday, April 18. 2017 P211 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 1 Parcel # 31-39-18-00011-;0005-00013.0 Assessment= $6,250.00 Owner MITCHELL, SEAN P Secondary Owner #1 Secondary Owner #2 Mailing Address 82-76 61ST RD MIDDLE VILLAGE NY 11379 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG: BLK E LOT/UNIT: LOT 13 PBI/OR BK: PBI 17-76 Site Address 205 AREGA ST Revision Date 4/665/2017 Parcel # 31-39-18-00011-0005-00014.0 Assessment= $6,250.00 Owner KELLER, PATRICIA A AND ARTHUR V Secondary Owner #1 Secondary Owner #2 Mailing Address 136 REGATTA ST MELBOURNE FL 32951 Legal --BLK/BLDG COLLIER CREEK ESTATES PHASE SIX : BLK E LOT/UNIT: LOT 14 PBI/OR BK: PBI 17-76 Site Address 203 AREGA ST Revision Date 4/6/2017 Parcel # 31-39-18-00011-0005-00015.0 Assessment=— $6,250.00 Owner KELLER, PATRICIA A AND ARTHUR V Secondary Owner #1 Secondary Owner #2 Mailing Address 136 REGATTA ST MELBOURNE FL -32951 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG:: BLK E LOTIUNIT: LOT 15 PBI/OR BK: 1313117-76 Site Address 201 AREGA ST Revision Date 4/6/2017 P roj e c z3\000,� s; e s s ai e r)t; F*\UNlirl0.j\fJ-t ILITY - Engin-nrrng\PrDject5 - Asseist'll"t -2()17 _Prop ose(j\02._po, riooro H Doc',,,,, er)t\0j_p, e[i I,, iflaryAsSPssnier)tRol[_P.ESOLIJT I ON 1 2 PwPoint tianColherCrtek-H,avbo,03 2.1_ Tuesdoy, April 18, 2017 P212 INDIAN RIVER COUNTY— DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT ti,!arim,.� PRELIMINARY ASSESSMENT ROLL — RESOLUTION 1 Parcel # 31-39-18-00011-0005-00016.0 Assessment= $6,250.00 Owner WEISMAN, RICHARD & DIANE Secondary Owner #1 Secondary Owner #2 Mailing Address 1502 QUIESCENT LN SEBASTIAN FL 32958-6551 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 16 PBI/OR BK: PBI 17-76 Site Address 202 BANKS CT Revision Date : 4/5,/2017 Parcel # 31-39-18-00011-0005-00017.0 Assessment= $6,250.00 Owner Confidential Secondary Owner #1 Secondary Owner #2 Mailing Address Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT: LOT 17 PBI/OR BK: PBI 17-76 Site Address Revision Date : 4/6/2017 Parcel # 31-39-18-00011-0005-00018.0 Assessment= $6,250.00 Owner HANBY, JOSEPH AND BRENDA Secondary Owner #1 Secondary Owner #2 Mailing Address 102 HOLLOW OAK TRAIL EDGEWATER FL 32141 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 18 PBI/OR BK: PBI 17-76 Site Address 201 BANKS CT Revision Date : 4/6/2017 f:\U;ilities\UTILMY - Engineering\Projects - Assessment Project s\000Assesame nts-701%_Proposed\02_Poruonco MerCreek_HarborPoinl\WordDocument\Oi PrehminatyA;sessmemRoll- RHOW TIOPI_1-2_PottionCollierCt:e4_HarborPoint_03_24 2017.dotx Tuesday, .April 13, 2017 P213 11"Ji PHASE:2 ='.COLLIER CREEK--�I `y - - -- & PHASEHARBOR POINTJSUBDIVISION - ii� 117 I 115 116 3I 113 114 •"♦Phase _ Harbor POlnt'. ,;Subdivision. 111 112 - >24 Parcels X 109 0 110 Z d i 107 11t; o_ 108 + m. az 105 = 106 103 ., 104 1'I 901cr _ j101 -__ -_ __- S FLEMING 5T 102 100 R ... w , 906 5 .eli /Its �. " 1. � �':�.� . f,-•'" ' �' ad. �"� � �� `s , � �� 'al DYKE AV ... )sa'+� — I •'�J �' I amJ 1 '1 �fa�l 204 r i r ' CHELLO AV ------------ :,. NN Phase '2 Rest of Coilier Creek Subdiyis,.ib 36 Parcols • jam. '; 110 },s 109 108 107 108 107 105 I 106 ; ■ 106 010 105 103 104 R 103 101 s 102 102 101 20 2 cn 202_ 201 200 w \ a� - - ( 203 201 205 208 207 �1� 1 ;1 � na I N• < 209— i• 212 13 211' `- 2 I , Dgte:4/21 0117 P214 Utilities Services Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: April 25, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Subject: Update on the Residuals Dewatering (Biosolids) Facility BACKGROUND On April 11, 2017, the Indian River County (IRC) Board of County Commissioners (BCC) approved the Florida Department of Environmental Protection (FDEP) Consent Order 17-0072 for the West Regional Wastewater Treatment Facility (WRWWTF). The plant will be operating under intense scrutiny by the FDEP for the next two years, facing potential financial penalties for any exceedances of the permit limits. ANALYSIS In November 2015 during the permit renewal process for the WRWWTF, the FDEP recognized significant fluctuations with loadings into the facility. At that time, the FDEP issued a compliance schedule requirement for Indian River County Department of Utility Services (IRCDUS) to perform an Industrial Waste Survey to characterize the waste stream that comprises the influent to the WRWWTF and identify the cause of the elevated loadings. That process has been underway since April 2016. In January 2017, the FDEP informed IRCDUS of their intent to file a consent order with IRCDUS due to on- going permit limit exceedances observed at the WRWWTF. In advance of the consent order, IRCDUS enlisted the help from an outside consultant to assist the operators in troubleshooting plant processes. The findings from these investigations were presented to IRCDUS on February 10, 2017. Shortly after receiving this report, IRCDUS completed the industrial waste survey in accordance with compliance schedules in the permit. Results from this investigation, coupled with findings from the consultant's work, pointed to the Residuals Dewatering Facility (RDF), also known as the biosolids facility, as a main contributor to the WRWWTF's exceedances (see Figure 1). Figure 1. Total Nitrogen Concentrations and Loadings In Plant Influent mg/L lbs. 200 4,000 180 ---- -- -- - - -- -- — -_ - ... .. - - - - - - - - - - -- 3,500 160 - - - - -- - - -- - - - - 140 - - - - - - -- - - - -- - - 3,000 ............................................................................. . 120 - - - - - - - 2,500 100 - - - -- - - 2,OD0 80 -- - - - 1,500 60 ` - ---- Note: Calculated 40Note: AVG. design mg pounds is based 1'000 loading is at 6.0 MGD Ibs.- 20 — ---MM lbs/day on daily avg. flow SDI) and MM is at 7.8 MGD ... AVG. lbs/day of 2.3 MGD 0 07/07/16 08/07/16 09/07/16 10/07/16 11/07/16 12/07/16 01/07/17 Note: Dotted line reflects maximum design influent loading for Nitrogen at plant capacity of 6 MGD, solid red line shows plant capacity being used at the current flow of 2.3 MGD. Page i of 8 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Tech nologies\easyPDF 7\@BCL@6005C827\@BCL@6005C827.docx P215 Ongoing investigations, which included grab sampling of all incoming septage, porta-potty and grease haulers for a period of 10 days in late March/early April 2017 at the RDF has confirmed that elevated loading rates are entering the RDF prior to dewatering. After processing, the RDF liquid side stream (centrate) flows to the WRWWTF and makes up a portion of that plant's influent (see Figure 2). IRCDUS's industrial pretreatment limits nitrogen to 40mg/L, yet we have received loads of 4,000 mg/L. IRCDUS's phosphorus limits are 20 mg/L, and we have received loads as high as 590 mg/L. 2. Septic Hauler Total Nitrogen and Total Phosphorus April 1-24, 2017 4000 3500 3000 2500 J to 2000 E 1500 1000 500 0 Total Nitrogen Total Phosphorus Nitrogen Limit Phosphorus Limit Page 2 of 8 C:\Users\GRANIC-I\AppData\Local\Temp\BCL Tech nologies\easyPDF 7\@BCL@60050827\@BCL@6005C827.docx P216 It has been determined that the influent to the WRWWTF has nutrient strengths beyond the design capacity of the plant, rendering it incapable of meeting permit limits and thus future permit violations may not be avoidable until eitherthe influent falls within the design characteristics of the WRWWTF or these sources of elevated loadings are removed from the influent. As the findings above show, the contribution from the RDF represents a significant portion of the nutrient overloading of the WRWWTF. On April 1, 2017, a manifest log system was implemented at the landfill scale house to more accurately track what is discharged to the RDF. This system required all haulers to supply to IRCDUS the information that is required for their Florida Department of Health (FDOH) permits under Florida Administrative Code (FAC) Chapter 64E-6.010. A review of the logs to date has confirmed that a significant percentage of the incoming hauled waste to the RDF is generated outside of Indian River County (see Figures 3 and 4). 3. HAULED WASTE BY SEPTIC HAULERS VOLUME BY COUNT" °"""e^ or Inn PALM BEACH. 4.000 (IN GALLONS) 5T. LUCIE, 433,4 OKFFrmnRFF_ 750 ,e 4. HAULED WASTE BY SEPTIC HAULERS SOURCE OF VOLUME OUT OF COUNTI 66% MARTIN, 210,100 RIVER, 382,340 From April 1 to April 24, 2017 N RIVER 4% From April 1 to April 24, 2017 As shown above in the charts, it has been ascertained that approximately 66% of the hauled waste brought to the site by septic haulers is not generated in Indian River County. These wastes come from commercial, Page 3 of 8 C:\Users\GRAN IC^1\AppData\Local\Temp\BCL Tech nologies\easyPDF 7\@BCL@60050827\@BCL@6005C827.docx P217 industrial and municipal sources in addition to residential septic tank cleanings located in Palm Beach, Martin, St. Lucie, Brevard and Okeechobee counties. The RDF was not intended for this purpose. It was planned and built to serve the needs of the Indian River County community and the IRCDUS wastewater treatment facilities. This was evident back in 2006, as referenced in the January 19, 2006, Utility Advisory Committee meeting minutes where it was stated that contracts for septic haulers with sludge coming from outside of Indian River County would not be renewed when expired. It is unclear at this time why that issue continued. IRCDUS is looking closely at the contribution from the out -of -county wastes. Table 1 summarizes the breakdown of material received from April 1 to April 24, 2017, as complied from hauler manifests. Table 1. Hauled Waste By Company and County April 1 to April 24, 2017 (in gallons) { Indian River St. Lucie Brevard Martin Palm Beach Okeechobee ; Accurate Septic 3,600 94,100 1,000 64,200 - AII About Septic - 15,000 - 11,000 1,000 All County Septic 4,000 37,450 37,250 1,000 All Rite Septic 35,800 - - _ All Star Septic 1,000 15,650 - 28,900 Best Septic 6,700 - 3,450 - - Brian Davis 15,900 2,000 19,100 - 2,000 Darpro 400 10,000 4,000 200 - Denny's Septic - 40,450 - 35,600 Drain Master 41,950 5,450 Du -All Plumbing - 23,000 27,500 East Coast 6,350 - - Gotta Go Green 15,440 1,250 Hinkle & Sons 40,000 900 - Meeks Plumbing 63,840 72,250 5,400 750 Plop Jon - - _ _ Reliable 189,310 62,450 15,650 Rooter One - 17,000 4,000 SOS - 43,100 Based on the April 2017 manifest tracking logs, it is suspected that the surrounding counties are using the IRCDUS RDF for two reasons. The first is that, historically, the county has not closely monitored the influent stream into the RDF. Secondly, the rates in effect appear to be considerably lower than surrounding areas. These factors have enticed haulers to the area as an inexpensive and easy way to discharge their collected pump out for a relatively small fee. In conjunction with this investigation, staff contacted other municipalities and treatment facilities throughout the state and communicated with regulatory authorities in order to determine the best approach for IRCDUS to take in order to prevent future permit violations at the WRWWTF. It was determined that many facilities do not accept hauled wastes of any kind or only accept their own in -county waste due to many of the issues such as the ones IRCDUS is now facing. Page 4 of 8 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Tech nologies\easyPDF 7\@BCL@6005C827\@BCL@6005C827.docx P218 The following istaken from Brevard County's wastewater site, pertaining totheir facility: Figure 5. The Septageand Grease Receiving Facility Is loc&W at 11*01 N. VVickham Rd In Melbourne. The station is open Down to D�sk seven clays-perweel0f afterhours service Is needed, special arrangements can be made bycalling the Wanewater.Treatment Plam.0filie at 321-255-432& The Fadlltyloocei:ts septsaa and a collected from It does not acoept Industrial or hazardous wasterrhe rate for disposal Is $69.96 per = oallonL All haulers must be duly Iken"ed be duly licarised by*eamCounty Consumer*eatm. All vehicles must meet state and federal regulations governing tronsism of waste liquid an public roadways. Prior to any disposal activity, the applicant will provide cqrdfWNWs) of insumnoe� verifying AuW Liability Insurance with combined limits for 890y Itifury and property Dwranoe in an amount no less than $30DAW per occurrence. Insurance must remain in affect and a o"mom Information please pm321455-4321L Brevard County's rates are 123% higher than Indian River County and include restrictions on the incoming wastes, prohibiting items; such as porta-potties and mixed loads of septage and grease. Location Rate�_�� Equivalent To Indian River County Dewatering Facility $ 7.51/wet ton $31.32/1000 gallons 8rovvardCounty Septageand Grease Facility $13.19/wetton $55.00/1000 gallons Brevard County Septegeand Grease Facility $16.78/vvetton $69.96/1000 gallons City ofWest Palm Beach Septageand Grease Facility $15.75/wetb»n $65.67/1000 gallons — Monday through Saturday City ofWest Palm Beach Septa8eand Grease Facility $23.62/\wettun $98.51/1000 gallons —SundayandHo|idoys ~Assmm«oa*#/cmm After reviewing the findings of the manifests, ameeting was held on Tuesday, April 25, 20D,with local septaQehaulers houpdate them onthe issues |RCDUS isfacing. Eight haulers intotal were invited: five attended, two were unable to attend and there was one no-show. As the regulatory agency for the hauling companies, representatives from the Department of Health were in attendance as well. As of the date ofthis agenda, approximate costs of $147,000 for laboratory expenses, staff time, Wetlands Cell 14maintenance and outside consultants have been encumbered tohelp bring the . RVV\NTFbackintopenmb compliance. There will be additional expenses that will be based on results from the unit operations and process control audit currently being conducted. Tipping fees from the biosolids collection fee have not covered the above costs, nor will they cover these unanticipated expenses. Existing rate payers could potentially be subsidizing out of county wastes. What can be confirmed, and what is the least costly solution at the moment, istoreduce oreliminate the nutrient loading tothe VVRVVVVTFfrom the RDF. Ideally, all loading above and beyond what |RCDUShas 10process from its regional VVVVTFs should beomitted. Practically speaking, that option may not be viable. The economic and environmental challenges posed by this option are great. A more realistic option is to prohibit all out -of -county waste from coming to the RDF. By reducing 669/6 of the nutrient loading from hauled waste brought to the site by septic haulers, staff believes that this is a very large first step in correcting the nutrient anomalies that have caused the WRWV%fTF to be out of permit compliance. Continued allowance of out -of -county waste delays a solution and further affects IRCDUS's ability tomeet its permit requirements, resulting ininevitable and continued FDEPscrutiny, potential fines attached to the Consent Order, and may result in additional capital costs incurred either at the RDF or WRWVVTF (or both) tomitigate the nutrient loading. Areview ofthe FDEPwebsite has on interactive map reflecting other treatment facilities that may beaccepting hauled waste (see Figure 6). Page 5vvo imE Figure 6. It has been determined by inside and outside review that the contributions from the RDF to the WRWWTF need to be eliminated or significantly reduced to bring the WRWWTF back into permit compliance. IRCDUS staff has taken preliminary action to turn away those haulers who have delivered material (industrial waste and biosolids from other treatment facilities outside IRC) that exceeds our limits, have caused plant upsets, and plant permit non-compliance. Regulatory agencies have been informed of this action, but there remains a great deal of out -of -county waste that continues to be brought into the facility. In order to assist our staff in overseeing what is coming into the facility, we are considering development of an agreement that will outline the expectations of haulers bringing in any future deliveries to the RDF. Such an agreement could be similar to the one Brevard County uses (See Attachment 1). Staff would work with the County Attorney's office to create such an agreement that would be required of all haulers prior to the privilege of using the RDF. Potential Alternatives for Consideration Based on the information obtained in the past three weeks and from the historical permit excursions experienced at the WRWWTF, staff proposes several items for BCC consideration: 1. Shut off ALL incoming septage/grease/porta-potty/commercial/industrial hauled material. If the RDF is indeed the "smoking gun" as the data indicates, then elimination of all outside sources would allow the WRWWTP to run as designed without these nutrient loading sources. The reality with this approach, though, is that the haulers (inside and outside the county) would have limited alternatives. Staff would not recommend this option. 2. Shut off all out -of -county hauled waste for out of county and local haulers. We know that 66%' of all the hauled material is from out of county. Our RDF has become a cheap and easy solution for those in business but this practice cannot continue. Shutting off all out -of -county hauled waste now is preferred. This will lessen the load on the WRWWTF immediately. 3. Shut off the out -of -county hauled waste within 30 days (or by June 1, 2017). This is an option but it allows those businesses to keep doing what they are doing temporarily. This timeframe allows haulers to find an alternative solution but the problem is that this option keeps ourfacility from being in Page 6 of 8 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Tech no logies\easyPD F 7\@BCL@6005C827\@BCL@6005C827.docx P220 compliance and we will continue to violate our permit requirements. Staff would not recommend this option. 4. Hybrid approach. Shut off all out -of -county hauled waste now. Give the IRC haulers who receive material from out of the county a 30 days' notice to make arrangements for the material generated in other counties to go elsewhere. This option reduces the load to the plant immediately and allows local businesses time to make alternative arrangements. Those haulers who do business out of the county and are not stationed locally will need to make arrangements within their own municipality in which they operate. Staff would recommend this option. If RDF operations must continue, staff is looking at ways to hydraulically remove the centrate from going to the WRWWTF in order to confirm if the total elimination of RDF loads will bring the plant back into compliance. As an emergency protective measure, it is estimated that $52,800 would be need to cover expenses for four weeks to capture and transport ALL the liquid centrate generated at the RDF and bring it to another IRC treatment plant. This option has yet to be discussed with the FDEP and would only be available if non budgeted funding is made available and the regulatory agency approves this temporary stop -gap measure. Funding for this expenditure would need to come from fund balance through a budget amendment as no such current fiscal yearbudget funds are available. The deficit would come from operating fund balance. Operating funds come from water and sewer sales, not the biosoIids collection fee. In short, the IRC ratepayers will be subsiding this budget amendment. Without changing the characteristics of the centrate, however, we may inadvertently be moving the underlying problem to another IRCDUS facility and after four weeks, we maybe looking at the same issue we currently face at WRWWTF. FUNDING: • There is no funding required if the out of county wastes are prohibited from coming to the RDF. There will be additional costs either at the RDF and /or the WRWWTF for lab testing, process control equipment and other treatment modalities that are unknown that the time this agenda is being prepared. Such costs could be very significant. Once the CH2M audit is complete and a technical memorandum is provided, staff will have more information to bring back to the board for review and approval. If the BCC decides to authorize the expenditure of $52,800 to truck the centrate from the RDF to another IRC facility, a budget amendment would be needed. Funds for the budget amendment would come from fund balance in the operating fund. Operating funds come from the water and sewer sales. RECOMMENDATION Staff recommends the BCC: 1. Shutdown all haulers who are from out of county immediately and authorize staff to notify IRC haulers they have 30 days to find alternative arrangements for any waste they currently pick up out of county. 2. Direct staff to work with the County Attorney's office to create an agreement similar to the one in use by Brevard County that can be tailored for use by IRC haulers. 3. Direct staff to evaluate the cost basis and pricing structure of the facility to determine fair and equitable rates to cover operating expenses and environmental concerns. Page 7 of 8 C:\Users\GRAN IC-1\AppData\Local\Temp\BCL Tech no logies\easyPDF 7\@BCL@6005C827\@BCL@6005C827.docx P221 ATTACHMENTS: 1. Brevard County Sample Septage and Grease Hauler Agreement/Application 2. Three-year Cost Summary of the Biosolids Operation Page 8 of 8 C:\Users\GRAN IC" 1\AppData\Local\Temp\BCL Tech nologies\easyPDF 7\@BCL@6005C827\@BCL@6005C827.docx P222 BREVARD COUNTY APPLICATION FOR THE TREATMENT AND DISPOSAL OF SEPTAGE Applicant Date Address: Business#: AfterHours# The applicant engages in the servicing of septic tanks and grease traps, and desires to dispose of the septic tank sludge and food service wastes in accordance with current regulations. Brevard County will accept for treatment and disposal septic tank sludge and the waste from food service grease separators, and sewage from Naval ships. REQUIREMENTS of SEPTAGE ACCEPTANCE Applicant must be duly licensed by Brevard County Consumer Health. All vehicles used must meet state and federal regulations governing transport of waste liquid on public roadways. 2. Applicant is responsible for any damages to County property or injuries to County personnel arising from the applicant's disposal activities. 3. Non-septage discharges wastes are prohibited. other prohibited wastes are: A. Oil, gasoline, diesel fuel, or other flammable liquids, including wastes from automotive service oil separators. B. Portable toilet wastes or wastes from marine holding tanks. C. Wastes from any facility operating under a permit issued by the Florida Department of Environmental Protection. Exceptions will be made on a case by case basis, upon authorization from F.D.E.P. 4. Applicant agrees to pay Brevard County Water/Wastewater Division a fee for the treatment and disposal of septage under this application based upon the Board of County Commissioner's approved resolution. Invoices are due upon receipt. Non-payment within forty-five (45) days shall be grounds to terminate the acceptance of septage for treatment. Further non-payment may be grounds for legal action. 6. Prior to any disposal activity, the applicant will provide certificate(s) of insurance verifying Auto Liability Insurance with combined limits for Bodily Injury and Property Insurance in an amount no less than $300,000 per occurrence. Insurance must remain in effect and a current certificate be kept on file in Brevard County. 7. The applicant shall not assign any interest in this application and shall not transfer any interest without the prior written consent of the County. P223 DISPOSAL PROCEDURES 1. Disposal services are open to customers with active accounts between 7 AM and 9 PM, Monday through Saturday. 2. Each load of septage must be accompanied by a septage manifest log, listing the company name, driver's name, vehicle identification, volume disposed, composition (septage or grease), location of source and receiving plant operator. 3. in, order to assure compliance with mandatory minimum mixing requirements, grease (food service) waste must be transported separately from septic tank wastes. I have read and understand the requirements above. Signature Title PRINT NAME DATE Note: Only septage/grease collected in Brevard County can be dumped. P224 Sludge Revenue vs. Expenses Fiscal Years 2014, 2015 and 2016 Dept 257 jObject Description 2015116 2014115 2013114 i 033190 Other Prof $438,226 $363,023 $426,713 033210 External Auditors $1,597 $1,550 $1,550 034110 Telephone $322 $309 $225 034320 Water & Sew $265 $242 $284 034330 Garbage $134,380 $128,098 $137,306 034590 Other insurance $22,474 $22,474 - $22,474 034810 Advertising $85 034970 Licenses $310 $25 $25 035210 Fuel $2,421 $1,476 $2,043 035230 Chemicals $13,647 $17,864 $10,376 044 Electric $90,857 $89,170 $69,394 Plant Maintenance $5,468 $11,722 $5,728 044699 R & R $4,690 $10,516 $7,479 077 Debt $115,240 $126,556 $135,604 Subtotal Expenses $829,897 $773,110 $819,201 036610 Depreciation $337,891 $333,834 $333,834 Total Expenses $1,167,788 $1,106;944 $1,153,035 Total Revenues $544,993 $489,964 $488,697 Total Shortfall $622,795 $616,980 $664,338 Revenue if IRCDUS paid for its own sludge* $466,930 $466,894 $435,1714 Shortfall if IRCDUS paid for its own sludge* $155,865 $150,086 $229,164 *Currently, IRCDUS does not pay tipping fees on the sludge coming from the three wastewater treatment facilities. if we were to charge this fee, the IRC sewer rates would have to be re-evaluated to assure that they are covering the cost of treatment. These costs do not include the $147,000 expenditures to date for corrective actions associated with the West Regional WWTF nor will they cover any additional upgrades, laboratory analyses, nutrient modeling or treatment requirements that may be necessary to address the FDEP requirements. P225 UPDATE ON THE RESIDUAL DEWATERING (BIOSOLIDS FAcILIT' May 2, 20 AVE law 0� WHERE WE ARE TODAY Consent Order Effective April 20, 2017 EEFO ST I)EPAp ENTRE,,,, OF SrA OPE'' (Rot R(DADEPgR bf NTE,VVIRO,NIIENrALPRO PRO CTION v FRO77 ) ON TSE FFICE OF TIII INDIAN RIVER CO ) lST 1ylSTR10 so A Poli[ir�1 subdivi UNT}, FyORIb ) OGC FILE NO. 17-0072 n°ftho'3tateOfForlda 1 This Cmtsent Orden i"Order•� Environmental YS VT ORDER ronmental P rs notection (^OePanmentand dentelld mn R ter C `rtestatc of Florida Depart my Florid, men n political 10. Within 60 days ofthe effective date ofthis Order. Respondent shall pay the Department $1,0,500.00 in settlement of the regulatory matters addressed in this Consent Order. This amount includes $10,00.00 for civil penalties and $500.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Consent Omer. 11. Respondent agrees to pay the Department stipulated penalties in the amount of $250.00 per day for each and every day Respondent fails to timely comply with any of the requirements of Paragraphs 7, S, mid 9 of this Order The Department may demand stipulated penalties at anytime atter violations occur. Respondent shalt pay stipulated penalties owed within 30 days of the Department's issuance of written demand for payment, and shall do so as improve Cann to DE P final Inthan Wive t t Plan_ AP•M'�*"P'° _ Facing Was{eWater treatmen sPmMR. _ w 6AEr TM��aara• .ems It�M y ��'• �H vAa VEAp BFAu, t Is Ina -Sala State P,003% a , P yy otn ,eed°,4F°etr�2Dt we-' 200tivoa� °4tFacm• Consent Order Effective April 20, 2017 EEFO ST I)EPAp ENTRE,,,, OF SrA OPE'' (Rot R(DADEPgR bf NTE,VVIRO,NIIENrALPRO PRO CTION v FRO77 ) ON TSE FFICE OF TIII INDIAN RIVER CO ) lST 1ylSTR10 so A Poli[ir�1 subdivi UNT}, FyORIb ) OGC FILE NO. 17-0072 n°ftho'3tateOfForlda 1 This Cmtsent Orden i"Order•� Environmental YS VT ORDER ronmental P rs notection (^OePanmentand dentelld mn R ter C `rtestatc of Florida Depart my Florid, men n political 10. Within 60 days ofthe effective date ofthis Order. Respondent shall pay the Department $1,0,500.00 in settlement of the regulatory matters addressed in this Consent Order. This amount includes $10,00.00 for civil penalties and $500.00 for costs and expenses incurred by the Department during the investigation of this matter and the preparation and tracking of this Consent Omer. 11. Respondent agrees to pay the Department stipulated penalties in the amount of $250.00 per day for each and every day Respondent fails to timely comply with any of the requirements of Paragraphs 7, S, mid 9 of this Order The Department may demand stipulated penalties at anytime atter violations occur. Respondent shalt pay stipulated penalties owed within 30 days of the Department's issuance of written demand for payment, and shall do so as g� R •� OR�DAr PHOSPHORUS (MGL) 120 100 80 60 40 20 0 ,vg of All rucks' Waste =-—IRC-Limit 1 IRC Limit Out of WRW1 1 i 4aV B D R P� N ITROG E 600 500 400 300 200 100 0 SEPTIC HAULER TOTAL NITROGEN & TOTAL PHOSPHORUS 4000 3500 3000 2500 J 2000 1500 1000 500 Total Nitrogen Total Phosphorus —Nitrogen Limit —Phosphorus Limit v R 0 COSTS ENCUMBERED TO DATE ► $1701000+ ► Increasing ► Not covered by collection fees �\V RA- TE .COMPARISON ` Location Indian River County Dewatering Facility Broward County Septage and Grease Facility Brevard County Septage and Grease Facility City of West Palm Beach Septage and Grease Facility — I Monday through Saturday Rate* . Equivalent To $ 7.51/wet ton $31.32/1000 gallon! $13.19/wet ton $55.00/1000 gallon! $16.78/wet ton $69.96/1000 gallon! $15.75/wet ton $65.67/1000 gallon! City of West Palm Beach Septage and Grease Facility — $23.62/wet ton $98.51/1000 gallon! Sunday and Holidays *Assuming 8.34#/gallon HAULED APRIL SOURCE OUT OF COON' 66% HAULERS v`EQ BASTE �A ,o Ap? 2017 Vo`uME 61 CC ttl ST. ILOOE, HAuI-ERS (10 GAUIO"S) M gEACN, 4000 INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES ' SEPTAGE & GREASE MANIFEST LOG . HAULING COMPANY BUS. (✓) DRIVIR NAME (PRINT) DRIVER SIGNATURE TELEPHONE ## / EMAIL TANKER #f TANKER VOLUME NAME/ADDRESS OF COLLECTION RES. (✓) BUS. (✓) TYPE OF BUS. DATE PUMPED SEPTIC (✓) GREASE (✓) VOLUME (gal.) �CU�/u Taev�� eceived by S DD TOTALGAL C APR 042017 SCALE HOUSE OPERATOR: Can, 2�6-3423 Indian River noun- � , X05 # DATE: Landfill TIM . TONS: fonyquest/ons I.Wuln !W W! wwmnna Fi u" TU MUS fUDlDabi V-0Nd4 R=66 of rO Y 0 HMpE 30 RES.BUS. US ��rhq INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES VOLUME NAME/ADDRESS OF COLLECTION (✓) TYPE OF BUS. PUMPED (✓) SEPTAGE & GREASE MANIFEST LOG (gal.)- HAVLINC COMPANY , �il6 17 IiMER NAME (PRINT) DRIVER SIGNATURE TELEPHONE # / EMAIL TANKER # TANKER VOLUME RES.BUS. US DATE SEPTIC GREASE VOLUME NAME/ADDRESS OF COLLECTION (✓) TYPE OF BUS. PUMPED (✓) (✓) (gal.)- `a6i� No 05 lAw✓ I LOT '17 V� , �il6 17 �L�TibUgE��}�A`T�RE TE: APR 0 a 901 ... e... 0 3 1'4dfilS TIME: t ; �) TONS: GAL If (772) 226-3423 i/any q." 1.ns. ftWled: v k 0 POTSHI AL ALTERNATIVES FOR CON D Shut off ALL incoming septage/grease/porta-potty/commercial/industrial hauled material. The reality with this approach, though, is that the haulers (inside and outside the county) would have limited alternatives. Staff would not recommend this option. D Shut off all out -of -county hauled waste for out of county and local haulers. Shutting off all out -of -county hauled waste now is preferred. This will lessen the load on the WRWWTF immediately. © Shut off the out -of -county hauled waste within 30 days (or by June 1, 2017). This timeframe allows haulers to find an alternative solution but the problem is that this option keeps our facility from being in compliance and we will continue to violate our permit requirements. Staff would not recommend this option. LY B1Q •�,CORIOP� POTENTIAL ALTERNATIVES FOR CONSIDERATION ► Hybrid approach. Shut off all out -of -county hauled waste now. Give the IRC haulers who receive material from out of the county a 30 days' notice to make arrangement! for the material generated in other counties to go elsewhere. Staff would recommen this option. ► Remove the centrate from going to the WRWWTF in order to confirm if the total elimination of RDF loads will bring the plant back into compliance. • Estimated $52,800 would be need to cover expenses for four weeks to capture and transp ALL the liquid centrate generated at the RDF and bring it to another IRC treatment plant. • This option has yet to be discussed with the FDEP and would only be available if non budgeted funding is made available and the regulatory agency approves this temporary stc gap measure. • IRC ratepayers will be subsiding this budget amendment. • May inadvertently be moving the underlying problem to another IRCDUS facility and after four weeks, we may be looking at the same issue we currently face at WRWWTF. �VEJj �z LOR�� RECOMMENDATION D Shutdown all haulers who are from out of county immediately and notify IRC haulers they have 30 days to find alternative arrangement they currently pick up out of county. D Direct staff to work with the County Attorney's office to create an ag the one in use by Brevard County that can be tailored for use by IRC D Direct staff to evaluate the cost basis and pricing structure of the fac fair and equitable rates to cover operating expenses and environmei Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner. Assistant County Attorney 13A Of Ce of Consent 05/02/2097 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: Roland DeBlois, Chief, Environmental Planner FROM: William K. DeBraal, Deputy County Attorney "V DATE: April 26, 2017 ATTORNEY SUBJECT: Agreement for Improvement and Maintenance of Joe Earman Island Joe Earman Island is a spoil island in the Indian River Lagoon, located about 1 mile north of the Merrill Barber Bridge. The island is jointly owned by the County, the City of Vero Beach and the Town of Indian River Shores. Itis the northernmost island of what is known as the Lost Tree Islands. An aerial photo of the island is attached to this memorandum. The island is named after Joe Earman, Sr., a long time Vero Beach resident who was active in the community for over 60 years. Earman Island is improved with a boat dock, paths and two picnic pavilions. The island is accessible only by boat and vegetation consists mostly of mangroves and Australian pine trees. A link to photos of the improvements can be found here: http://www.ircgov.com/Departments/General Services/Parks/Joe Earman Island Park htm The Coastal Conservation Association (CCA) is a nationwide not for profit corporation whose stated purpose is to advise and educate the public on conservation of marine resources. The objective of CCA is to conserve, promote, and enhance the present and future availability of those coastal resources for the benefit and enjoyment of the general public. On a local level, the CCA initiates scientific studies, funds marine -science scholarships, builds artificial reefs, creates finfish hatcheries and monitors the quality and quantity of freshwater inflows. The CCA has local chapters throughout the United States and Florida, including a Treasure Coast Chapter. The Treasure Coast Chapter of the CCA (Association) approached staff and has offered to enter into an agreement where the Association will provide volunteer services to clean-up and maintain Earman Island. The Association will provide volunteers at least once every three months, to remove trash, brush and small tree debris from the useable areas of Earman Island, and generally maintain those areas. Additional services may be provided by the Association as agreed upon by the County Conservation Lands Manager. The Association will keep a log of volunteer services and provide copies of. the log to the Conservation Lands Manager upon request. The term of the agreement is for one year and the Association may post a sign on the island identifying the volunteer work done. The CCA has provided proof of insurance as required by the Agreement. P226 Agreement for Earman Island April 26, 2017 Page 12 Similar to the agreement with Grand Harbor Property Owners Association for maintenance of Head Island, the County recognizes this arrangement will result in a public — private cooperative effort which will benefit, and provide increased recreational opportunities for the residents of and visitors to Indian River County. Funding. There is no expenditure of County funds for this agreement. Recommendation. Staff recommends the Board of County Commissioners approve the Agreement for Improvement and Maintenance of Joe Earman Island with the Coastal Conservation Association and authorize the Chairman to execute the agreement on behalf of the Board. Attachments: Aerial photo Agreement P227 ;,Ln V11 .-jz- 1.1re.1 Wo %ifford Island 117 V CFritz Island 7 t t3 U 2016 Guoute AGREEMENT FOR IMPROVEMENT AND MAINTENANCE OF JOE EARMAN ISLAND THIS AGREEMENT is entered into this 2nd day of May, 2017, by and between Indian River County, a political subdivision of the State of Florida, 1801 27"' Street, Vero Beach, FL 32960 ("County") and Coastal Conservation Association, Inc., a not for profit corporation registered to do business in the State of Florida, 4061 Forrestal Avenue, Suite 8, Orlando, FL 32806 ("Association"). WHEREAS, Joe Earman Island is a spoil island in the Indian River Lagoon, the northernmost of what are known as the outer Lost Tree Islands, located about 1 mile north of the Merill Barber Bridge, jointly owned by the County, the City of Vero Beach and the Town of Indian River Shores; and WHEREAS, the island is named after Joe Earman, Sr., a long time Vero Beach resident who was active in the community for over 60 years; and; WHEREAS, Earman Island is improved with a boat dock, paths and two picnic pavilions. The island is accessible only by boat and vegetation consists mostly of mangroves and Australian Pine trees, and WHEREAS, the Coastal Conservation Association is a'not for profit corporation that has local chapters throughout the United States and Florida, including a Treasure Coast Chapter; and WHEREAS, the Association has offered to enter into an arrangement with the County in which the Association will provide volunteer services to clean-up and maintain Earman Island, as set forth more fully herein; and WHEREAS, the County desires to accept the Association's offer, recognizing that the arrangement will result in a public - private cooperative effort which will benefit, and provide increased recreational opportunities for, the residents of and visitors to Indian River County. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. RECITALS. The above recitals are true and correct, and are incorporated herein. 2. ASSOCIATION SERVICES. The Association shall provide volunteer services, from time to time, but no less than once every three months, to (a) remove trash, brush and small tree debris from the useable areas of Earman Island, and generally maintain such areas in'a neat and clean condition, and (b) perform other mutually agreeable services for the betterment of Earman Island. The Association shall maintain a log of such'services, including the identity of each volunteer, a description of the services performed, and date and time that such services 1-610m E — Ist-d Agru.mosit,,,t, C, da. Page 1 of 3 P229 were performed. Copies of the log shall be provided periodically, or upon request, to the County's Conservation Lands Manager ("County Manager"). 3. COUNTY COORDINATION. The Association shall generally communicate with the County Manager with respect to upcoming projects or other significant events involving Earman Island. At the County'.s election, the County Manager may manage and coordinate Association volunteer services on .Earman island. Upon request of the County Manager, the Association shall demonstrate, through log entries or otherwise, its compliance with the volunteer services requirement of this Agreement. 4. INSURANCE. The Association shall maintain (a) general liability insurance providing coverage with respect to its activities on Earman Island in the minimum amount of one million dollars ($1,000,000.00) per occurrence. The County shall be listed as an additional named insured on such policy, and (b) State of Florida required workers' compensation insurance providing coverage for employees performing services under this Agreement. The Association shall provide current certificates of insurance demonstrating compliance with this section throughout the term of this Agreement. 5. TERM. The initial term of this Agreement shall commence upon execution by all parties, and shall terminate on April 30, 2018. 6. TERMINATION. Either party shall have a right to terminate this Agreement in the event of material breach by the other party. Either parry may terminate this Agreement upon. 60 days written notice to the other party. 7. SIGNS. During the term of this Agreement., subject to the prior approval of the County, the Association may post a sign identifying the volunteer work done by the Association on Earman Island. Page 2 of 3 P230 IN WITNESS WHEREOF, the County and the Association have caused this Agreement to be executed in their respective names as of the date first set forth above. ATTEST: Jeffrey R. Smith, Clerk of Courts, and Comptroller LE Deputy Clerk Approved: Jason E. Brown, County Administrator Signed, sealed and delivered in the presence of: (72 Print n e: Print name: ' C. a rn i h (Z.. Mif(Mtt Joe Eorn ]A -d Ag --t with M Rn, 0JJ017 BOARD OF COUNTY CONBUSSIONERS OF INDIAN RIVER COUNTY ("County") LE , Chairman Approved by BCC: , 2017. Approved as to form and legal sufficiency: William K. Del3raal, Deputy County ttorney COASTAL CONSERVATION ASSOCIATION, INC. ("Association's Page 3 of 3 P231 Dylan Reingold, County Attorney William K, DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Office of INDIAN MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: April 13, 2017 County Attorneys Matters - B. CC 05.2.17 RIVER COUNTY ATTORNEY SUBJECT: Forest Lake Property Owners' Association MOU for Right -of -Way Landscaping and Resolution Delegating Authority for Public Works Director to Enter Into a Memorandum of Understanding with Property Owners' Associations for Right -of -Way Landscaping BACKGROUND. The Forest Lake Property Owners' Association ("Forest Lake POA") approached the County about installing and maintaining enhanced landscaping within the right-of-way along the 0 Street, S.W., street frontage. The County Attorney's Office drafted and the Forest Lake POA executed a Memorandum of Understanding (the "Forest Lake POA MOU") in which the County will allow for the Forest Lake POA to perform such landscaping work within the right-of-way and waive the annual right-of-way fees, and the Forest Lake POA agreeing to pay for the initial right-of-way permit fee, comply with the approved right- of-way permit, indemnify the County and maintain the appropriate insurance. In order to streamline the process of approval for other property owners' associations and homeowners' associations, the County Attorney's Office has drafted the attached resolution authorizing the Public Works Department to enter into a similar Memorandum of Understanding with other organizations for installation and maintenance of landscaping without prior approval from the Indian River County Board of County Commissioners (the "Board"). FUNDING. There is no funding associated with this agenda item. RECOMMENDATION. The County Attorney's Office recommends that the Chair allow for public comment on this matter and then have the Board vote to approve the Forest Lake POA MOU and the resolution and form memorandum of understanding for right-of-way landscaping as drafted. ATTACHMENT(S). Forest Lake POA MOU Proposed resolution. F.19u—yVi rb1aE.NLVAGB C CUge�Me,.w,V—*-p, JW"f-woyMmU.dx P232 MEMORANDUM OF UNDERSTANDING BETWEEN FOREST LAKE PROPERTY OWNERS' ASSOCIATION, INC. ENZI_11 INDIAN RIVER COUNTY, FLORIDA This Memorandum of Understanding (hereinafter "MOU") is made and entered into by and between Forest Lake Property Owners' Association, Inc., a Florida not-for-profit corporation ("Association"), and Indian River County, Florida, a political subdivision of the State of Florida. Recitals WHEREAS, the Association desires to maintain enhanced landscaping within the right- of-way along the 1St Street, S.W. street frontage, for aesthetic purposes; and WHEREAS, the County agrees to permit the Association to install and maintain the enhanced landscaping within the right-of-way along the 19 Street, S.W. street frontage; NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the Association and County hereby agree as follows: I. The foregoing recitals are true and incorporated as if fully restated herein. 2. Association agrees to install and maintain all landscaping materials, fertilization, and irrigation along the 1' Street, S.W. street frontage, in the County's right-of-way, at the Association's own cost and expense, in accordance with the approved right-of-way permit. 3. County agrees to permit the Association to perform the work described herein on an as -needed basis as determined by the Association, and except for the initial permit fees, the County waives any other annual permit or application fees which might otherwise be associated with work as described herein within the County right-of-way. 4. This MOU may only be modified in writing by mutual agreement of both parties. 5. The Association shall defend, hold harmless, and indemnify the County, including its County's commissioners, employees, and agents from and against any and all claims, causes of action, losses, damages, expenses (including reasonable attorneys fees) and other liabilities of any type whatsoever, arising out of or relating to the Association's negligence, intentional misconduct, or violation of this MOU or applicable law. P233 6. General Liability Insurance: The Association shall obtain and keep in force a general liability insurance policy, occurrence based, with a general aggregate limit of no less than $300,000.00 and a single occurrence limit of $200,000.00. The County shall be named as additional insured. Workers Compensation and Employees Liability: The Association shall ensure that any contactor or subcontractor providing labor pursuant to this MOU shall maintain Workers Compensation in accordance with the laws of the State of Florida. Automobile Insurance: If applicable, the Association shall ensure that any contractor or subcontractor providing labor pursuant to. this MOU shall maintain Automobile Insurance in accordance with the laws of the State of Florida. Evidence of insurance required per this MOU must be submitted to the County annually by May I' of every year. 7. If the Association does not comply with the terms of this MOU and the requirements of the .right-of-way permit, County has the authority to remove the landscaping and irrigation in the County's right-of-way. 8. This MOU may only be terminated by either parry by providing ninety (90).days written notice to the other party at the appropriate address below: If to the Association: Forest Lake Property Owners' Association, Inc. If to the County: Indian River County Public Works Director 1801271` Street Vero Beach, Florida 32960 With a copy to: Dylan Reingold County Attorney Indian River County 1801 271i Street Vero Beach, Florida 32960 Forest By: Date: Association, Inc. P234 INDIAN RIVER COUNTY, FLORIDA ATTEST:- BOARD OF COUNTY COMMISSIONERS Deputy Clerk (SEAL) Approved as to form and legal sufficiency: Dyfan Reingold County Attorney Joseph E. Flescher, Chairman Date: Jason Brown County Administrator P235 RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE COUNTY PUBLIC WORKS DIRECTOR, ON BEHALF OF THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS TO EXECUTE A MEMORANDUM OF UNDERSTANDING RELATING TO RIGHT-OF-WAY LANDSCAPING. WHEREAS, there are instances in which a property owners' association or homeowners' association desires to install and maintain landscaping in the right-of-way adjacent to the subdivision for aesthetic purposes; and WHEREAS, in such instances the County desires that such property owners' association or homeowners' association agree to install and maintain such landscaping in accordance with approved right-of-way plans and also provide proper insurance and indemnify and hold the County; and WHEREAS, the Board desires that the Public Works Director enter into a memorandum of understanding with such property owners' associations or homeowners' associations consistent with the memorandum of understanding attached hereto as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The above -recitals are affirmed; 2. The Indian River, County Board of County Commissioners (the "Board') hereby specifically delegates to the Public Works Director, the authority to. execute a memorandum of understanding on behalf of the Board in substantially the form attached, hereto, and provided that any such memorandum of understanding contain the signature of the County Attorney, or his designee, approving such documents as to form and legal sufficiency. The foregoing Resolution was offered by Commissioner and 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 CommissionerTim Zorc Commissioner Bob Solari P236 RESOLUTION NO. 2017 - The Chairman thereupon declared the Resolution duly passed and adopted this _ day of May, 2017. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency: ylan Reingold County Attorney 2 INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By Joseph E. Flescher, Chairman P237 MEMORANDUM OF UNDERSTANDING BETWEEN ASSOCIATION, INC. ul zrc INDIAN RIVER COUNTY, FLORIDA This Memorandum of Understanding (hereinafter "MOU") is made and entered into by and between Association, Inc., a Florida not-for-profit corporation ("Association"), and Indian River County, Florida, a political subdivision of the State of Florida. Recitals WHEREAS, the Association desires to maintain enhanced landscaping within the right- of-way along , for aesthetic purposes; and WHEREAS, the County agrees to permit the Association to install and maintain the enhanced landscaping within the right-of-way along ; NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the Association and County hereby agree as follows: 1. The foregoing recitals are true and incorporated as if fully restated herein. 2. Association agrees to install and maintain all landscaping materials, fertilization, and irrigation along , in the County's right-of-way, at the Association's own cost and expense, in accordance with the approved right-of-way permit. 3. County agrees to permit the Association to perform the work described herein on an as -needed basis as determined by the Association, and except for the initial permit fees, the County waives any other annual permit or application fees which might otherwise be associated with work as described herein within the County right-of-way. 4. This MOU may -only be modified in writing by mutual agreement of both parties. 5. The Association shall defend, hold harmless, and indemnify the County, including its County's commissioners, employees, and agents from and against any and all claims, causes of action, losses, damages, expenses (including reasonable attorneys fees) and other liabilities of any type whatsoever, arising out of or relating to the Association's negligence, intentional misconduct, or violation of this MOU or applicable law. P238 6. General Liability Insurance: The Association shall obtain and keep in force a general liability insurance policy, occurrence based, with a general aggregate limit of no less than $300,000.00 and a single occurrence limit of $200,000.00. The County shall be named as additional insured. Workers Compensation and Employees Liability: The Association shall ensure that any contactor or subcontractor providing labor pursuant to this MOU shall maintain Workers Compensation in accordance with the laws of the State of Florida. Automobile Insurance: If applicable, the Association shall ensure that any contractor or subcontractor providing labor pursuant to this MOU shall maintain Automobile Insurance in accordance with the laws of the State of Florida. Evidence of insurance required per this MOU must be submitted to the County annually by May 1St of every year. 7. If the Association does not comply with the terms of this MOU and the requirements of the right-of-way permit, County has. the authority to remove the landscaping and irrigation in the County's right-of-way. 8. This MOU may only be terminated by either party by providing ninety (90) days written notice to the other party at the appropriate address below: If to the Association: If to the County: Indian River County Public Works Director 1801 271h Street Vero Beach, Florida 32960 With a copy to: Dylan Reingold County Attorney Indian River County 1801 271h Street Vero Beach, Florida 32960 Association, Inc. LN Name/Title: Date: P239 INDIAN RIVER COUNTY, FLORIDA PUBLIC WORKS DEPARTMENT Date: Approved as to form and legal sufficiency: Dylan Reingold County Attorney Director P240 1461 May 2, 2017 ITEM 14.13.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of .County Commissioners DATE: April 26, 2017 SUBJECT: Legislative Update FROM: Peter O'Bryan Commissioner, District 4 I would like to provide a Legislativer update to the Board. i P241 84_1 May 2, 2017 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: April 26, 2017 SUBJECT: Follow-up on Development Review and Building Process Workshop FROM: Tim Zorc Commissioner, District 3 Discussion Item: As was discussed at a previous Board of County Commissioner meeting, a workshop was held to have an open discussion on Development Review and Permitting Process on April 12, 2017. The workshop provided input from developers, citizens, and the construction community. In follow-up to the discussion at the workshop, there are three items which I would like to move forward with as follows: • Review of the Landscaping requirements • Use of Temporary Suspension for Certificate of Completion Ordinance • . Review of Development Review Fees - Community Development - Public Works Additionally, as a long term solution, it was determined that a new automated system needs to be investigated to incorporate all review requirements and revenue. The Utilities Department has provided draft changes to the utility construction standards for review with a deadline of June 9th for comments to the development and permitting community as well as the public at large. These items could be further explored with interested parties, and staff could bring a report back to the Board with specific recommendations. P242 ISA3 DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Emergency Services District Board of Commissioners THROUGH: John King, Director of Emergency Services FROM: Brian Burkeen, Assistant Chief DATE: April 17, 2017 SUBJECT: Approval of Amended Property Lease for Temporary Location of Fire Rescue Station No. 7 It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners. DESCRIPTION: On June 23, 2015, the Board approved a property lease with Joseph G. Miller for the temporary location of Fire Rescue Station No. 7. On November 2, 2016, Mr. Miller deeded St. Lucie Tire and Battery to his son, G. Douglas Miller, who will be the new point of contact for the property lease for Fire Rescue Station No. 7. No changes to the lease are requested by either party, with the exception of the Lessor. FUNDING: No funding is required for the approval of the lease amendment. RECOMMENDATION: Staff recommends approval and authorization for the Chairman to execute the lease amendment. ATTACHMENTS: Two Original Copies of the amendment to the lease. P243 AMENDMENT TO LEASE AGREEMENT THIS AMENDMENT TO LEASE AGREEMENT ("Amendment") is entered into as of the day of May, 2017 by and between St. Lucie Battery and Tire Company, a Florida corporation, ("Lessor") and Indian River County, a political subdivision of the State of Florida (the "Lessee"): RECITALS WHEREAS, on June 23, 2015, Joseph G. Miller and Lessee entered into a lease agreement (the "Lease Agreement") for the use of the property located at 1893 901h Avenue, Vero Beach, Florida (the "Leased Premises") to serve as a short term location for a modular Fire Station #7; and WHEREAS, on November 2, 2016, Joseph G. Miller, individually, and as Trustee of the Joseph G. Miller Revocable Living Trust, dated October 2, 1986, deeded the Leased Premises to Lessor; and WHEREAS, it is the intent of the Lessor and the Lessee that the Lessee will continue to lease the Leased Premises on the same terms as those set forth in the Lease Agreement; 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. Modification of Lessor. St. Lucie Battery and Tire Company is now the Lessor of the Leased Premises and any references to Joseph G. Miller shall be stricken and replaced with St. Lucie Battery and Tire Company. 3. Amendment to Section 16, Notice. Section 16, Notice, shall be amended as follows: Lessor: Jeseph-G. Mill G. Douglas Miller 5500 Orange Avenue Fort Pierce, FL 34947 4. All other provisions of the Lease Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Lessor and Lessee have executed this instrument this _ day of May, 2017. Page 1 of 2 P244 Witnessed by: signature: Printed nam `JV&,n�r9zg rJii-vgs signature: Printed name:a,. ,S34 L. jar:e t, APPROVED AS TO FORM: Dylan Reingold, Esq. County Attorney INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Board.of County Commissioners Date.Approved: ATTEST: Jeffrey R. Smith Clerk of the Court and Comptroller St. Lucie Battery an Tir Company By: G. Dou s Miller Title: President APPROVED County Administrator Page 2 of 2 P245