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HomeMy WebLinkAbout07/12/2016 (4)a 7f \ I t- COUNTY COMMISSIONERS DISTRICT Bob Solari, Chairman District 5 Joseph E. Flescher, Vice Chairman District 2 Wesley S. Davis District 1 Peter D. O'Bryan District 4 Tim Zorc District 3 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA COMMISSION AGENDA TUESDAY, JULY 12, 2016 - 9:00 A.M. Commission Chambers Indian River County Administration Complex 180127 th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 9:00 A.M. 2. INVOCATION Stan Boling, Community Development Director 3. PLEDGE OF ALLEGIANCE Commissioner Peter D. O'Bryan 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS PAGE A. Presentation of Proclamation Designating the Week of July 17, 2016, as Treasure Coast Waterway Cleanup Week in Indian River County 1 ---------------------------------- B. Presentation of Proclamation Designating the Month of July, 2016, As Parks and Recreation Month 2 --------------------------------------------------------------------------------------------------------------------- July 12, 2016 Page 1 of 8 5. PROCLAMATIONS and PRESENTATIONS PAGE 6. 7. 8. C. Presentation on Zika Virus by Doug Carlson, Director, Indian River Mosquito Control District, John King, Director, Indian River County Emergency Services, and Miranda Hawker, Administrator, Indian River County Health Department--------------------------------------------------------------------------= = APPROVAL OF MINUTES A. Regular Meeting of June 7, 2016 INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION A. Update — Sea Turtle Nesting Season — Halfway - (memorandum dated July 6, 2016) 3-4 ----------------------------------------------------------------------- B. Indian River County Venue Event Calendar Review 5 -------------------------------------------------------------------------------------------------------------------- C. Sebastian River Improvement District — Proposed Budget for Fiscal Year 201672017 (October 1, 2016 to September 30; 2017), is on file in the Office of the Clerk to the Board ---- -------------------------------------------------------------------------------------------------------------------- CONSENT AGENDA A. Approval of Checks and Electronic Payments — June 24, 2016 to June 30, 2016 __(meorandum dated June 30, 2016)------------------------------------------------------------ 6-13 - m - ------------------- B. Carole Jean Jordan, Indian River County Tax Collector, Errors and Insolvencies Report for the 2015 Tax Roll (letter_dated July 5, 2016)_ 14-26 --------------------------------------------------------------------------------- C. Authorization to Attend Treasure Coast Chapter of FGFOA Quarterly Meeting and Seminar __(memorandum dated July 5, 2016) 27 ----------------------------------------------------------------------- D. 2017 Holiday Schedule --(memorandum dated July -1-2016) ------------------------------------------------------------------28- E. Work Order No. 1 with Carollo Engineers, Inc., for Manhole Rehabilitation at Ixora Park Subdivision __(memorandum dated June 21, 2016) 29-33 -- - - - --------------------------------------------------------------------- July 15, 2016 Page 2 of 8 8. CONSENT AGENDA PAGE F. West Wabasso Phase II Sewer and the East Gifford Drainage Project — CDBG Grant: Resolution for Signature Authorization __(memorandum dated June -22,2016) _ 34-36 ------------------------------------------------------------------------------------------------ G. Approval of Award for Bid 2016031 — South County WTP Well Number 7, Well, Wellhead and Appurtenances and Floridan Aquifer Wells Rehab Project _-(memorandum dated June -30,2016) ----------------------- 37-48 H. Authorization for Out -of -County Travel to Attend the 30th Annual Environmental Permitting Summer School - (memorandum dated July 5, 2016 49-69 ---------------------------------------------------------------------- I. Approval to Cover Costs Affiliated with Louisiana Ave Force Main _(memorandum dated July 1, 2016)________________________ 70 ------------------------------ -_________ J. Work Order No. 3 with MBV Engineering, Inc. for the South County Waste Water Treatment Facility FDEP operating permit renewal _-(memorandum dated July 2, 2016 71-78 K. Miscellaneous Budget Amendment 022 _ _(memorandum dated July 6z 2016) 79-81 _ --------------------------------------------------------------- L. Approval of Award for Bid 2016032 — South County WTP Well No. 7 Raw Water Pipeline (memorandum dated June -3-0,2016) _________________________2-93 8 - - - - - - ---------------------------------- M. Recommendation of Award for RFP No. 2016024 — Round Island Riverside Park Boardwalk Replacement _ (memorandum dated June_30z 2016) 94-105 - - - - - - - - - 0---------------------------------------------------------- - Recommendation of Award for RFP No. 2016042 — Automated Teller Machine Services __(memorandum dated June 30, 2016 - 106-110 O. Letter to US Representative Lois Frankel regarding Sand for Federal Beach Nourishment Projects __(memorandum dated July 1, 2016)___________________ 111-116 --------------------------------------------------- P. Approval of State Sovereignty Submerged Lands Fee Waived Lease 5 -Year Renewal for the Archie Smith Fish House __(memorandum dated July 5,2016) ----------------------------------------------------------117-137 Q. Approval to Use Invoice Cloud for Merchant Services --(memorandum dated July 5,2016) - 138-169 ---------------------------------------------------------------------- July 15, 2016 Page 3 of 8 8• CONSENT AGENDA PAGE R. Request for Ratification, Florida Department of Law Enforcement, FY 2016/2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program _ (memorandum dated July 6, 2016) 170-174 --------------------------------------- ----------- S. Sea Turtle Education Grant "Florida Traveling Turtles" _ (memorandum dated July 6, 2016) 175-204 ------------------------------------- T. Approval of 2016/2017 State Funded Subgrant Agreement to Update Indian River County's Hazards Analysis __(memorandum dated June 23Z 2016) 205-241 - - - - -------=------------------------------------------------------------------------------- U. Approval of Award for Bid 2016037 — Headworks Screen and Compaction Equipment Refurbishment __(memorandum dated July 1,2016) 242-250 -------------------------------------------------- V. Harmony Reserve, LLC's Request for Final Plat Approval for Harmony Reserve PD Phase 1B _(memorandum dated July 6, 2016) 251-259 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES None 10. PUBLIC ITEMS A. PUBLIC HEARINGS 1. 2nd Street Petition Millings Project (35`b Avenue to 32nd Avenue) Cancellation of Project (memorandum dated July 1, 2016) 260-265 ------------------------------- Legislative B. PUBLIC DISCUSSION ITEMS None C. PUBLIC NOTICE ITEMS None 11. COUNTY ADMINISTRATOR MATTERS None July 15, 2016 Page 4 of 8 12. DEPARTMENTAL MATTERS A• Community Development None g, Emergency Services None C. General Services None 1, Human Services None 2, Sandridge Golf Club None 3, Recreation None D. Human Resources None PAGE E. Office of Management and Budget 1. Email Addresses and Contact Information Published on County Website (memorandum dated July 12, 2016)_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 266-268 -------------------------------------- F, Public Works 1. Award of Bid No. 2016019 IRC Go -Line Transfer Hub, 16th Street, Vero Beach (memorandum dated June 30, 2016) 269.282 ---------------------------------- ---------------------------------- 2. Fellsmere Unmaintained Unpaved Roadways --(memorandum_dated July 5, 2016) _ _ 283-286 _ ---------------------------------------------- G, Utilities Services None July 15, 2016 Page 5 of 8 13. COUNTY ATTORNEY MATTERS A. Demolition Lien — Lot 1, Albrecht Grove Subdivision (memorandum dated June -27,2016) - - - - ---------------- --------------------------- B. Disposition of Real Property (memorandum dated July 5, 2016) ....................... PAGE ----------------------- 287-290 ----------------------------- 291-294 C. Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program __(memorandum dated July 5, 2016) _ 295-339 ---------------------------------------- -- D. County Business Between July 13, 2016 and August 15, 2016 (memorandum -dated July 6, 2016) ______________ -- -_______-_-340 14. COMMISSIONERS MATTERS A. Commissioner Bob .Solari, Chairman 1. Pinson Subdivision and County Water _ -(memorandum-dated July 6, 2016) 341 -343 ------------------------------------------------------------ B, Commissioner Josenh E. Flescher. Vice Chairman 1. Review of County Policy on Tire Disposal at Convenience Centers (memorandum dated July 6, 2016) 344 ---------------------- C, Commissioner Wesley S. Davis 1. Sebastian Grove Estates / Maerz Property Hiatus (memorandum dated July 6, 2016) 345-353 ---------------------------------------------------------- 2. Letter of Support for Treasure Coast Community Health __(memorandum dated July 6,2016) ------______________ 354-355 --------------------------- D. Commissioner Peter D. O'Brvan 1. Poet Laureate Designation __(memorandum dated July 5, 2016) 356-358 ------------------------------------------- E, Commissioner Tim Zorc 1. Economic Opportunities in the SR 60 Corridor __(memorandum dated July 1, 2016) 359-360 ------------------------------------------------------------ 2. Zika Virus Precautions for Indian River County _ _(memorandum dated July 5, 2016) ------------------------------------------------------ July_________------------------------------------------- July 15, 2016 Page 6 of 8 14. COMMISSIONERS MATTERS E. Commissioner Tim Zorc PAGE 3. Road Maintenance for 300 Street (memorandum dated July 5,m 2016)_ _ _ _ _ _ _ _ 3 62-363 --------------------------------------------- 15. SPECIAL DISTRICTS AND BOARDS A. Emereency Services District None B. Solid Waste Disoosal District 1. Approval of Minutes Meeting of May 17, 2016 (memorandum dated June 30, 2016) 2. Final Pay to SCS Engineers for Work Order No. 3 for the New Household Hazardous Waste and Citizen Drop -Off Center (memorandum dated June -30,2016) ---------------------------_ _ 364-374 C. Environmental Control Board None 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.irc ov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. July 15, 2016 Page 7 of 8 Commission Meeting may be broadcast live by Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, andSaturday at 12:00 Noon to 5: 00 p.m. July 15, 2016 Page 8 of 8 PROCLAMATION 15R - DESIGNATING THE WEEK OF JULY 17, 2016, AS TREASURE COAST WATERWAY CLEANUP WEEK IN INDIAN RIVER COUNTY WHEREAS, on Saturday, July 23, 2016, the Marine Industries Association of the Treasure -Coast in conjunction with the Florida Inland Navigation District will conduct the 9TH Annual Treasure Coast Waterway Cleanup; and WHEREAS, this event will attract approximately 950 volunteers who will participate in cleaning up the waterways of Indian River, Martin, and St. Lucie Counties; and WHEREAS, twenty designated sites throughout the three counties will serve as registration and disposal sites for the volunteers to work out of; and WHEREAS, numerous waterfront homeowners' associations have been recruited to clean up their own waterfronts; and WHEREAS, in 2015, over 7.9 tons of trash was collected from approximately 125 miles of waterways with an expectation of a significantly larger amount to be collected this year with an increased volunteer effort. NOW THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, that the week of July 17, 2016, through July 24, 2016, be designated as TREASURE COAST WATERWAY CLEANUP WEEK in Indian River County, and all citizens are encouraged to use this occasion to foster appreciation for the Treasure Coast Waterways and assist in the cleanup efforts. Adopted this 12th day of July, 2016. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 7Bob olari, Chair an �_,16seph E. Flescher, Vice Chairman y S. Davis i � Peter D. O'Bryan Tim or MU�CLAMATION !),A DESIGNATING THE MONTH OF JULY, 2016, AS PARKS AND RECREATION MONTH WHEREAS, Park and Recreation Month was established in 1985 and celebrates its 315t year state and nationwide; and WHEREAS, passive and active recreation in Indian River County significantly enhances the quality of life for its residents and visitors-, and WHEREAS, active recreation builds teamwork, self-esteem, comradery, life -skills, and contributes to a healthy mind, body, and spirit-, and WHEREAS, passive recreation nourishes a love of the outdoors, provides an appreciation of the natural environment, and contributes to a healthy community and economy; and WHEREAS, county parks and conservation areas preserve the ecological beauty of our community, improve water quality, protect groundwater, prevent flooding, improve air quality, are aesthetically pleasing, and provide open green space for people, and valuable habitat for wildlife; and WHEREAS, Indian River County is fortunate to have many beautiful parks, playgrounds, ball fields, golf courses, swimming facilities, nature trails, beaches, and open spaces which make our community a more attractive and desirable place to live, work, and play; as well as contributing to our ongoing economic vitality through increased property values, increased tourism, attraction of visitors, and recreational events; and WHEREAS, Indian River County Recreation Department provides a variety of recreation programs including water safety, swimming lessons, baseball, softball, football, cheerleading, summer camps, and special events; and WHEREAS, parks and recreation agencies, as a whole, touch the lives of individuals, families, groups, and the community, creating a positive impact through connecting people, protecting the environment, reducing crime, and providing healthy recreational activities. NOW, THEREFORE BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board' designates July as Parks and Recreation Month, and encourages all citizens to celebrate by participating in the diverse activities offered through the many facilities and places provided to the residents and visitors by way of the Indian River County Recreation Department, Indian River County Shooting Range, Sandridge Golf Course, Gifford Aquatic Center, North County Aquatic Center and any of the Indian River County Parks and Conservation Areas open to the public. Adopted this the 12"' day of July, 2016 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Bob Solari, Chairman Joseph E. Flescher, Vice Chairman Wesley S. Davis Peter D. O'Bryan Tim Zorc January 7, 2016 17 1 RJ E C 71 - F1 EP IF Buddy Emerson 5160 N.W. Milner Drive - Port St. Lucie, Florida 34983 Tel: (772) 621-3312 - Fax: (772) 621-3600 bemerson@slcfd.org - www.slcfd.com - Alex Vohr, AVP Operating Policy & Procedures Florida East Coast Railway 7411 Fullerton Street, Suite 300 Jacksonville, FL 32256 RE: Informational Meeting held at the St. Lucie County Fire District — November 12, 2015 Dear Mr. Vohr, Thank you for taking the time to meet with our staff concerning FECR's plan to use LNG as a fuel source for its locomotives in the near future. Although we are aware of numerous ventures involving rail that will certainly spur economic development in the State, what is often taken for granted from our local public* safety perspective is that those endeavors require considerable preparations on our part. After all, we are the ones who will be responding to any emergencies along mare than 20 miles of FEC rail passing through our jurisdiction. With few exceptions, every proposed railway operational change, including the use of more economical and cleaner burning LNG, necessitates changes in first responder capabilities and tactics in order to mitigate potential problems. As proud as I am of our organization, our firefighters, and our capabilities to handle the vast majority of ' emergencies that occur in St. Lucie County, I must admit that we have concerns regarding the increased use and transportation of LNG by rail, the increased freight traffic containing all kinds of hazards in volumes we may not be accustomed to, and passenger traffic along the FEC railway which we have never had to deal with before. It troubles me to say it, but we are simply not adequately prepared for these changes. Though you were here to provide information on the new locomotives and LNG tenders and listen to what we had to say about that topic, I asked for much more during the meeting. What I said is that we need a strategic partner in FECR, or public/private partnerships with FECR, New Fortress Energy, and others, to help us prepare for what's coming. In summary, we need: * Advanced railway operations emergency training for our hazardous materials and special operations teams. - * Proper equipment to handle and/or contain chemical spills, including LNG and other substances. * A centralized Fire/EMS station in a location capable of housing a combined Special Operations and Hazardous Materials team so they can respond quickly and effectively to rail emergencies. ® Railway operations training for all our firefighters so they become familiar with what they may encounter when attempting to mitigate an emergency involving any type of rail car (locomotive, tender, tanker, etc.). • Passenger service/operations familiarization training so that we can prepare for the worst case mass casualty/derailment emergency. • Resource planniing/assistance so that our Standard Operating Guidelines and procedures adequately address your needs. This list is not meant to be all inclusive. It is just a sampling of the preparations we believe would be necessary to address potential emergencies that may occur as railway transportation increases. Please keep in mind that, though we always hope for the best, we are obligated to plan and prepare for the worst case scenario no matter how unlikely. I want to assure you that the St. Lucie County Fire District is willing to work with you to provide a quality service to our community and those who transit through it. We need your help to be successful in our mutual endeavors. If you would kindly pass this information on to the management of FECR, we would greatly appreciate your response. Sincerely, Buddy Emerson Fire Chief Cc: Nick Mimms, Fort Pierce City Manager Jeffrey Bremer, Port St. Lucie City Manager Howard Tipton, St. Lucie County Administrator Zi ka Update Miranda Hawker Florida Department of Health in Indian River Doug Carlson Indian River Mosquito Control District John King Indian River County Dept. of Emergency Services QNpN R/y �At Q � 9 s eW4: �sPL,ro cp��4 Q ��Psu HEALTH FHCY. SE indJan River County- Zika Virus • Flavivirus • Originally identified in Africa and Southeast Asia • First identified in Uganda's Zika Forest in 1947 • Outbreaks since 2007 • Spread by the same mosquito species as dengue, chikungunya and yellow fever 7/13/2016 AI Transmission • Mosquito bite —Aedes aegypti, Aedes albopictus • Sexual transmission • Transmission in the womb and at the time of birth • Blood transfusion yyry}jp . a • u } '�•' °` .. ,' �--•fin. ;,?r�, •.� Zika Symptom Comparison Dengue* Chikungunya Birth defects Potentially fatal Joint pain which can Guillain-Barre Syndrome Hemorrhagic shock last for years • Fever • Fever • Fever • Headache • Headache • Headache • Joint pain • Joint pain • Joint pain • Muscle pain • Muscle pain • Muscle pain • Heat rash • Heat rash • Heat rash • Nausea & vomiting • Nausea & vomiting Nausea • Conjunctivitis • Pain behind eyes Conjunctivitis (red eyes) (red eyes) *Additional symptoms for dengue hemorrhagic fever and dengue shock syndrome 7/13/2016 Birth Defects Linked to Zi ka • Microcephaly (decreased brain tissue) • Calcium deposits • Excess fluid • Absent or poorly formed brain structures • Abnormal eye development • Fetal Brain Disruption Sequence Countries & Territories in the Americas with Active Zika Virus Transmission ■ Reported active transmisslon t via. r•s _ CostsakY'��y�y�rM'+n+� ear blarJwll ls, Colo { ,rria'diGuwro ..1 ' pllttawW E +ow tri MGhm: S.—Am ek.ns..ro. r .. � .dania ` 'dry maw 4l ./ r.°'fi'r osnswn. n"s owarwr. ,".d Source: CDC, June 30, 2016 4 7/13/2016 Current Status • To date no locally acquired Zika cases have been reported in Florida or the continental U.S. • United States • 1132 travel -associated cases (07/06/16 CDC) • US Territories • 2526 locally acquired cases in US Territories (07/06/16 CDC) Lee Osceola Total cases not involving; �»n Cases in pregnant women I43 regardless of svmotoms Zika Travel -Related Cases by County, Florida July 8, 2016 7/13/2016 Response to Zika Virus • Communication • Surveillance • Lab testing • Vector control • Outreach to pregnant women • Blood supply safety Centers rmDiseoseControl ond Prewrmfon •" v NRIM "- MOSQUITOESJMMZ�tV6ESJ --.+ _ MorWity and Natality weekly Report "'`• r„.,,:.p. ~ ratty Rrinasn/Val 65 Alva l-7016 t– �� Vital Signs: Preparing for Local Mosquito•Borne Tmnsmissionof Zika Virus—J United States, 2016 There is a link between certain birth defects & Zika. .+m.n+ewa.r•.�.w.. 7/13/2016 Z,A 5 Think Zika! Protect Yourself & Your Neighbors jtrGHTI • Dump and Drain water N EB� i Florida holding containers weekly De cnt Mosquitoes that spread Zika of catthfn Indian River are Daytime Biters County Cover your skin with clothing and use mosquito repellant Cover doors and windows �- creens ttrnr raavwRio, UM' rwtonrna I Heaah -I- 72.794-1440 WN .Indtandve6Bnndahealth.gov 7/13/2016 Z,A 5 Only two Florida mosquito species can transmit Zika, dengue or chikungunya viruses! Virus transmission cycle / AaOes mosWsto Humans \ yy Y Aedes aegypti n��un uyr► ►nu-Nyunu Mosquitoes that transmit Zika, dengue and chikungunya viruses come from water sources like this... 7/13/2016 2.P6 Mosquitoes that transmit Zika, dengue and chikungunya viruses never lay their eggs in "standing water" on the ground! Water in ditches, marshes, ponds or canals is irrelevant to Zika, dengue, or chikungunya transmission. Artificial and natural containers are the only sources of concern. 7/13/2016 1 h 7 Characteristics of mosquitoes transmitting Zika, dengue or chikungunya viruses • Aggressive day -time biters • Aquatic stages in artificial containers, bromeliads, treeholes • Short flight -range; adults stay close to hatching site Control of mosquitoes transmitting Zika, dengue or chikungunya viruses • Control of adults is a problem (these mosquitoes are not flying at night when spraying is most common) • Targeted spraying around infested residences can help • Elimination of container habitats around homes and work places is the only truly effective control measure! Success in controlling local transmission of Zika, dengue or chikungunya viruses is dependent on community participation to remove mosquito -producing containers from homes and workplaces. Mosq ?o�aN R,yntrol agencies and local health d ep <1 +..: is 9hWIPit8;&rff&Tf9N t l r '0 c��� 7/13/2016 t k8 Florida Department A,U T,=,re Cent JJJ of Health In Indian lOrt moHafMote paak of mopuito se000n. it t. a— River County Co �fbept ad to HMLTHy ie,pondtolocal lmn,mhdon o1 LNa. 2016 Jet. 0at°bleto Zika ..'dxefd,e t twak U .00 Tabletop Exercise cmmunlptlore o Date: Wednesday, July 6, 2016 Time: 9:00 am - 3:00 pm ' Lunch Provided Location: Indian River County .--� Emergency Operations Center - 4225 43rd Ave Vero Beach, FL 32967 io ftft ono lot mx— Iia- _ � TTYTWi�Tp a MOSQUIRCS 7/13/2016 9 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 J FROM: Kendra L. Cope, M.S., Environmental Specialist SUBJECT: UPDATE — Sea Turtle Nesting Season - Halfway DATE: July 6, 2016 REQUEST It is requested that the following information be given formal consideration by the Board of County Commissioners during the regularly scheduled meeting on July 12, 2016. This is an announcement to inform the residents of Indian River County about the successful loggerhead sea turtle nesting season the county has been experiencing as well as a new upcoming educational event based around sea turtles. Additional information on upcoming event dates can be found on County. Coastal Facebook page: IRC Coastal and on the County website www.ircgov.com/coastal. DESCRIPTION AND CONDITIONS Indian River County is home to 3 species of nesting sea turtles (Loggerhead, Green, and Leatherback). In 2004, the County implemented a Habitat Conservation Plan (HCP) in order to establish a framework for sea turtle conservation in Indian River County through daily nesting surveys, nest protection during emergency shoreline protection construction, management of predator impacts, implementing programs to reduce human impacts, and local education. More specifically, to better understand and integrate protection measures, the county's objectives for protecting turtles on the beach are as follows; record the location of every turtle crawl on the beach from the previous night, mark off a sample of nests to determine hatching success and for educational programs, and record all impacts to nests including nest predations, tidal over wash and human impacts. Sea turtles are long-lived species and take up to 25-30 years to become mature adults. Long-term monitoring is vital to the understanding of their populations. This is the 12th year of county -wide monitoring since the HCP program was implemented. Data collected over these years has helped the county protect nests during beach construction projects, decrease the number of nests effected by raccoons, and identify key areas impacting hatchling survival from artificial beachfront lights. F:\Public Works\Kendra Cope\Public Presentations and M eetings\Com mission Meeting Items\Informational Item\Sea Turtle Nesting-6-30-2016—Public Notice Informational BOCC Agenda Item—Final Rev 1.docx 3 Page 2 BCC Agenda Item Update Sea Turtle Nesting Season - Halfway July 6, 2016 Annually, sea turtle nesting season in Indian River County is between March 1st and October 311. As of this year nest monitoring in Indian River County (SIRC) is on track to surpass the record loggerhead nesting year in 2012. We are only 500 nests short of the total loggerhead nests laid by mid-July in 2012. If the nesting trend continues as is, we will have another record nesting year. The 2016 sea turtle nesting activity through June 30, 2016 is as follows: • Loggerhead –4,521 nests • Green – 40 nests • Leatherback – 33 nest in addition to the traditional sea turtle educational programs under the HCP, this year staff has created a new educational event for residents to learn More about our local sea turtles and our program. This new event is called "Turtle Digs". Turtle digs provide an opportunity for the public to witness how sea turtle reproductive success is evaluated. Throughout the nesting season specific sea turtle nests will be monitored and 3 days after the nest hatches County sea turtle staff will invite the public to watch the excavation of the nest. Additional information on dates and locations of the Turtle Digs can be found on the coastal FB page (@IRCcoastal), the County website www.ircgov.com/coastal or by contacting Kendra Cope. RECOMMENDATION The recommendation of staff is to include the above referenced public meeting notice on the July 12, 2016 Board of County Commission Agenda. APPROVED AGENDA ITEM Indian River Approved Date County Administration — ,Budget Legal Public Works /4� Coastal Eng. Division F:\Public Works\Kendra Cope\Public Presentations and Meetings\Commission Meeting Items\lnformational Item\Sea Turtle Nesting-6-30-2016—Public Notice Informational BOCC Agenda Item—Final Rev l.docx 4 Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar Adult/Child Golf Championship July 23 @ Sandridge: • 8am -Shotgun Start • $70.00 per team. Includes: range balls, golf, tee gift, lunch and prizes. Treasure Coast Junior Golf Tour Championship July 30 @ Sandridge: • 8am Tee Times • Starting at $80 per child. Includes: all 7 events, golf shirt and a golf hat. Discounts for siblings. 19th Annual Father / Son Golf Championship August 13-14 @ Sandridge: • 8am Shotgun Start both days • $250.00 per team. Includes: range balls - both days, golf, tee gift, prizes, continental breakfast & lunch, also both days. iG Center Ribbon Cutting Ceremony August 17 @ iG Center (IRC Intergenerational Recreation Center) • Invitations and details to follow • Open to the Public Special Olympics Area 6 Swim Meet August 20-21 @ NCAC (North County Aquatic Center): • LOOKING FOR VOLUNTEERS - Call 772 581-7665 • 8am-2pm both days • FREE EVENT & OPEN to the Public 7C� E 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: June 30, 2016 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS June 24, 2016 to June 30, 2016 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of June 24, 2016 to June 30, 2016. Attachment: 6 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 341080 06/24/2016 PAUL CARONE 2,575.00 341081 06/24/2016 LINDSEY GARDENS LTD 423.00 341082 06/24/2016 PINNACLE GROVE LTD 407.00 341083 06/24/2016 VERO CLUB PARTNERS LTD 556.00 341084 06/24/2016 DAVID SPARKS 388.00 341085 06/24/2016 THE PALMS AT VERO BEACH 475.00 341086 06/24/2016 ED SCHLITT LC 560.00 341087 06/24/2016 ROBERT L SAMMONS 764.00 341088 06/24/2016 ARTHUR PRUETT 409.00 341089 06/24/2016 LUCY B HENDRICKS 573.00 341090 06/24/2016 SYLVESTER MC INTOSH 915.00 341091 06/24/2016 PAULA WHIDDON 553.00 341092 06/24/2016 COURTYARD VILLAS OF VERO LLC 560.00 341093 06/24/2016 LINDSEY GARDENS II LTD 596.00 341094 06/24/2016 MISS INC OF THE TREASURE COAST 2,309.00 341095 06/24/2016 DANIEL CORY MARTIN 2,116.00 341096 06/24/2016 CRAIG LOPES 392.00 341097 06/24/2016 MARK BAER 7,179.00 341098 06/24/2016 ROBERT J GORMAN 424.00 341099 06/24/2016 JUAN CHAVES 700.00 341100 06/24/2016 REID REALTY 506.00 341101 06/24/2016 H&H SHADOWBROOK LLC 559.00 341102 06/24/2016 HUMAYUN SHAREEF 667.00 341103 06/24/2016 NKW-CL LLC 1,175.00 341104 06/24/2016 VERO BEACH PLACE LLC 4,237.00 341105 06/24/2016 FLORIDA GOVERNMENT FINANCE 40.00 341106 06/24/2016 RIVERFRONT HOTEL LLC 330.00 341107 06/30/2016 CLEMENTS PEST CONTROL 615.00 341108 06/30/2016 PORT CONSOLIDATED INC 35,258.51 341109 06/30/2016 JORDAN MOWER INC 482.46 341110 06/30/2016 TEN -8 FIRE EQUIPMENT INC 266.70 341111 06/30/2016 RANGER CONSTRUCTION IND INC 410.72 341112 06/30/2016 CHISHOLM CORP OF VERO 420.40 341113 06/30/2016 STEWART MATERIALS INC 1,263.90 341114 06/30/2016 AT&T WIRELESS 361.32 341115 06/30/2016 AT&T WIRELESS 1,185.20 341116 06/30/2016 E -Z BREW COFFEE & BOTTLE WATER SVC 122.36 341117 06/30/2016 KELLY TRACTOR CO 1,259.52 341118 06/30/2016 SAFETY KLEEN SYSTEMS INC 471.11 341119 06/30/2016 GAYLORD BROTHERS INC 159.45 341120 06/30/2016 HACH CO 213.69 341121 06/30/2016 MARK W HILL 187.00 341122 06/30/2016 PHYSIO CONTROL INC 1,107.36 341123 06/30/2016 KSM ENGINEERING & TESTING INC 130.00 341124 06/30/2016 HD SUPPLY WATERWORKS, LTD 10,500.00 341125 06/30/2016 BOUND TREE MEDICAL LLC 273.99 341126 06/30/2016 PETES CONCRETE 700.00 34"1127 06/30/2016 VERO FURNITURE MART 894.00 341128 06/30/2016 EXPRESS REEL GRINDING INC 4,000.00 341129 06/30/2016 TIRESOLES OF BROWARD INC 1,026.13 341130 06/30/2016 BFS RETAIL OPERATIONS LLC 1,317.74 341131 06/30/2016 XEROX CORP SUPPLIES 233.46 341132 06/30/2016 GOODYEAR AUTO SERVICE CENTER 7,203.44 341133 06/30/2016 BAKER & TAYLOR INC 4,404.45 341134 06/30/2016 MIDWEST TAPE LLC 426.39 341135 06/30/2016 PRIZE POSSESSIONS 720.86 341136 06/30/2016 MWI CORP 200.01 341137 06/30/2016 PRECISION CONTRACTING SERVICES INC 33,172.62 7 TRANS NBR DATE VENDOR AMOUNT 341138 06/30/2016 MICROMARKETING LLC 240.86 341139 06/30/2016 CENGAGE LEARNING CORPORATION 1,623.14 341140 06/30/2016 PALM TRUCK CENTERS INC 638.76 341141 06/30/2016 SUNSHINE SAFETY COUNCIL INC 489.00 341142 06/30/2016 GREENE INVESTMENT PARTNERSHIP LTD 3,426.04 341143 06/30/2016 CREATIVE CHOICE HOMES XVI LTD 498.00 341144 06/30/2016 CREATIVE CHOICE HOMES XVI LTD 193.00 341145 06/30/2016 PST SERVICES INC 42,403.45 341146 06/30/2016 CLERK OF CIRCUIT COURT 1,807.30 341147 06/30/2016 INDIAN RIVER COUNTY HEALTH DEPT 46,770.58 341148 06/30/2016 MEDICAL EXAMINERS OFFICE 27,016.58 341149 06/30/2016 VICTIM ASSISTANCE PROGRAM 5,568.58 341150 06/30/2016 ROGER J NICOSIA 1,500.00 341151 06/30/2016 CITY OF VERO BEACH 8,344.52 341152 06/30/2016 CITY OF VERO BEACH 2,056.33 341153 06/30/2016 CITY OF VERO BEACH 11,612.50 341154 06/30/2016 INDIAN RIVER ALL FAB INC 1,321.99 341155 06/30/2016 FLORIDA DEPARTMENT OF BUSINESS AND 259.00 341156 06/30/2016 JANITORIAL DEPOT OF AMERICA INC 408.57 341157 06/30/2016 TREASURE COAST HOMELESS SERVICES 23,802.00 341158 06/30/2016 PUBLIX SUPERMARKETS 58.99 341159 06/30/2016 PUBLIX SUPERMARKETS 6.95 341160 06/30/2016 ARTHUR J GALLAGHER RISK MGMT SERV INC 2,136.00 341161 06/30/2016 FLORIDA DEPT OF AGRICULTURE AND 1,485.00 341162 06/30/2016 ACUSHNET COMPANY 3,820.57 341163 06/30/2016 NYE LTD 1,300.00 341164 06/30/2016 GEOSYNTEC CONSULTANTS INC 1,761.31 341165 06/30/2016 ELIZABETH MARTIN 97.01 341166 06/30/2016 FLORIDA FIRE CHIEFS ASSOCIATION 95.00 341167 06/30/2016 FLORIDA FIRE CHIEFS ASSOCIATION 95.00 341168 06/30/2016 LITTER GITTER INC 162.00 341169 06/30/2016 DON LAWLESS 120.00 341170 06/30/2016 FLORIDA POWER AND LIGHT 98,343.54 341171 06/30/2016 FLORIDA POWER AND LIGHT 545.50 341172 06/30/2016 FLORIDA DEPARTMENT OF STATE 45.36 341173 06/30/2016 FLORIDA BLUE 408.41 341174 06/30/2016 GIFFORD YOUTH ACHIEVEMENT CENTER INC 2,500.00 341175 06/30/2016 NEW HORIZONS OF THE TREASURE COAST 23,461.75 341176 06/30/2016 STRUNK FUNERAL HOMES & CREMATORY 425.00 341177 06/30/2016 MEDICARE PART B FINANCIAL SERVICES 726.38 341178 06/30/2016 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 75.00 341179 06/30/2016 SHERILEE D PARSELL 39.60 341180 06/30/2016 TREASURE COAST SPORTS COMMISSION INC 17,175.54 341181 06/30/2016 BUILDING OFFICIALS ASSOC OF FLORIDA 245.00 341182 06/30/2016 SUNSHINE LAND DESIGN 34,120.64 341183 06/30/2016 ETTA LOPRESTI 243.10 341184 06/30/2016 AARP INSURANCE 88.44 341185 06/30/2016 UNITED HEALTH CARE INS COMPANY 314.20 341186 06/30/2016 GERALD A YOUNG SR 120.00 341187 06/30/2016 GIFFORD COMMUNITY CENTER 4,956.70 341188 06/30/2016 ALAN C KAUFFMANN 200.00 341189 06/30/2016 THE FLORIDA BAR 300.00 341190 06/30/2016 DORIS E ROY 78.99 341191 06/30/2016 IDEA GARDEN ADVERTISING 150.00 341192 06/30/2016 INDIAN RIVER COUNTY BAR ASSOCIATION INC 100.00 341193 06/30/2016 HUMANA 137.81 341194 06/30/2016 FLORIDA SURVEYING & MAPPING 395.00 341195 06/30/2016 MICHAEL QUIGLEY 290.00 341196 06/30/2016 THE AVANTI COMPANY INC 3,062.72 341197 06/30/2016 RUSSELL PAYNE INC 1,118.25 8 TRANS NBR DATE VENDOR AMOUNT 341198 06/30/2016 SCOTT MCADAM 84.00 341199 06/30/2016 RACHEL IVEY 82.00 341200 06/30/2016 VAN WAL INC 10.00 341201 06/30/2016 JOSEPH W VASQUEZ 180.00 341202 06/30/2016 JOHNS EASTERN COMPANY INC 27,086.68 341203 06/30/2016 CENTRAL PUMP & SUPPLY INC 297.50 341204 06/30/2016 ERIK BANKS HELFRICH 425.00 341205 06/30/2016 MASTELLER & MOLER INC 3,994.00 341206 06/30/2016 ARTCRAFT & FOREMOST INC 317.09 341207 06/30/2016 TICHY, NANCY 96.87 341208 06/30/2016 BETTY BEATTY-HUNTER 60.00 341209 06/30/2016 ARDAMAN & ASSOCIATES INC 1,245.00 341210 06/30/2016 KEN CHATAM 60.00 341211 06/30/2016 1 ST FIRE & SECURITY INC 120.00 341212 06/30/2016 SUNCOAST REALTY & RENTAL MGMT LLC 500.00 341213 06/30/2016 JOSEPH E FLESCHER 46.28 341214 06/30/2016 PAK MAIL 94.94 341215 06/30/2016 JOHNNY B SMITH 90.00 341216 06/30/2016 MOORE MEDICAL LLC 60.25 341217 06/30/2016 CHARLES A WALKER 110.00 341218 06/30/2016 DYNAMIC AIR QUALITY & COOLING INC 170.00 3412.19 06/30/2016 CEMEX 2,382.53 341220 06/30/2016 MT ZION AME CHURCH 100.00 341221 06/30/2016 KATHLEEN P DOUGHERTY 340.00 341222 06/30/2016 TREASURE COAST FOOD BANK INC 432.97 341223 06/30/2016 DANA SAFETY SUPPLY INC 564.42 341224 06/30/2016 TREASURE COAST SPRINKLERS INC 4,317.00 341225 06/30/2016 FLORIDA EAST COAST INDUSTRIES INC 12,366.03 341226 06/30/2016 K'S COMMERCIAL CLEANING 16,954.08 341227 06/30/2016 BAIRD, JAMES P 46.93 341228 06/30/2016 FLORIDA MEDICAID 190.00 341229 06/30/2016 WEST CONSTRUCTION INC 159,186.34 341230 06/30/2016 WOERNER DEVELOPMENT INC 507.50 341231 06/30/2016 YOUR AQUA INSTRUCTOR LLC 70.00 341232 06/30/2016 OVERDRIVE INC 2,787.12 341233 06/30/2016 RAYMOND J DUCHEMIN 80.00 341234 06/30/2016 BERMUDA SANDS APPAREL LLC 71.96 341235 06/30/2016 MOORE MOTORS 332.79 341236 06/30/2016 REPROGRAPHIC SOLUTIONS INC 12.27 341237 06/30/2016 LOWES HOME CENTERS INC 368.83 341238 06/30/2016 LABOR READY SOUTHEAST INC 31,887.38 341239 06/30/2016 EMILY K DIMATTEO 200.00 341240 06/30/2016 ALEX MIKLO 60.00 341241 06/30/2016 SOUTHWIDE INDUSTRIES INC 94,352.63 341242 06/30/2016 PENGUIN RANDOM HOUSE LLC 188.25 341243 06/30/2016 ROBERT DOERR UPHOLSTERY 902.50 341244 06/30/2016 CHEMTRADE CHEMICALS CORPORTATION 2,278.92 341245 06/30/2016 WADE WILSON 110.00 341246 06/30/2016 SUMMIT CONSTRUCTION OF VERO BEACH LLC 4,664.00 341247 06/30/2016 STACEY BUSH 107.00 341248 06/30/2016 CARA COBB 20.00 341249 06/30/2016 KESSLER CONSULTING INC 1,967.50 341250 06/30/2016 STS MAINTAIN SERVICES INC 1,450.00 341251 06/30/2016 RONALD NICHELSON 60.00 341252 06/30/2016 FOUNDATION FOR AFFORDABLE RENTAL 387.00 341253 06/30/2016 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 341254 06/30/2016 PRESTIGE HEALTH CHOICE 136.00 341255 06/30/2016 LONGHORN LANDSCAPING AND SOD LLC 1,044.00 341256 06/30/2016 SUN AQUATICS LLC 170.00 341257 06/30/2016 JOSEPH DIZONNO 60.00 TRANS NBR DATE VENDOR AMOUNT 341258 06/30/2016 GENUINE PARTS COMPANY 223.57 341259 06/30/2016 RED THE UNIFORM TAILOR 2,989.89 341260 06/30/2016 CATHEDRAL CORPORATION 2,705.60 341261 06/30/2016 GERELCO TRAFFIC CONTROLS INC 1,650.52 341262 06/30/2016 UNIFIRST CORPORATION 816.66 341263 06/30/2016 STEARNS, CONRAD AND SCHMIDT 750.00 341264 06/30/2016 VCA ANIMAL HOSPITALS INC 151.37 341265 06/30/2016 AMERICAN AIR LIQUIDE HOLDINGS INC 3,958.50 341266 06/30/2016 SUNSHINE HEALTH PLAN MEDICAID 44.00 341267 06/30/2016 CCNK LLC 2,500.00 341268 06/30/2016 ADVANCE STORES COMPANY INCORPORATED 874.60 341269 06/30/2016 EGP DOCUMENT SOLUTIONS LLC 229.91 341270 06/30/2016 LOUDMOUTH GOLF LLC 598.42 341271 06/30/2016 RAYMOND DEBAUGH 37.50 341272 06/30/2016 NWI RECYCLING INC 4,187.40 341273 06/30/2016 SARAH GRADOLPH 180.00 341274 06/30/2016 LOUISE HAYES-JAIN 200.00 341275 06/30/2016 KATHLEEN WASHAWANNY 75.73 341276 06/30/2016 - JOHN F NIXON 111 300.00 341277 06/30/2016 THOMAS KELLY 25.00 341278 06/30/2016 EVELYN HAYES 100.00 341279 06/30/2016 JEFFREY DENNING 21.32 341280 06/30/2016 DAVID DEGRAEVE 70.00 341281 06/30/2016 DARREN COLE 145.00 341282 06/30/2016 DORRAH MAGE 50.00 341283 06/30/2016 PAULA BRAUER 50.00 341284 06/30/2016 AUTUMN OWEN 50.00 341285 06/30/2016 MARK P WYGONIK 479.16 341286 06/30/2016 PAUL CARONE 1,736.00 341287 06/30/2016 GRACES LANDING LTD 7,615.00 341288 06/30/2016 RIVER PARK ASSOCIATES 3,034.00 341289 06/30/2016 CREATIVE CHOICE HOMES XVI LTD 408.00 341290 06/30/2016 CREATIVE CHOICE HOMES XVI LTD 9,617.00 341291 06/30/2016 ALAN C KAUFFMANN 212.00 341292 06/30/2016 PINNACLE GROVE LTD 3,119.00 341293 06/30/2016 VERO CLUB PARTNERS LTD 533.00 341294 06/30/2016 VERO CLUB PARTNERS LTD 5,742.00 341295 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 60.00 341296 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 73.00 341297 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 142.00 341298 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 180.00 341299 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 215.00 341300 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 242.00 341301 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 247.00 341302 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 254.00 341303 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 347.00 341304 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 364.00 341305 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 459.00 341306 06/30/2016 INDIAN RIVER COUNTY HOUSING AUTHORITY 516.00 341307 06/30/2016 SUNQUEST INC 479.00 341308 06/30/2016 THE PALMS AT VERO BEACH 9,084.00 341309 06/30/2016 JOHN OLIVIERA 628.00 341310 06/30/2016 JOSEPH LOZADA 573.00 341311 06/30/2016 PELICAN ISLES LP 7,363.00 341312 06/30/2016 SONRISE VILLAS LTD 845.00 341313 06/30/2016 ANDRE DORAWA 601.00 341314 06/30/2016 INDIAN RIVER RDA LP 2,753.00 341315 06/30/2016 ROBERT DEMSICK 452.00 341316 06/30/2016 JAMES W DAVIS 372.00 341317 06/30/2016 NITA EZELL 614.00 4 10 TRANS NBR DATE VENDOR AMOUNT 341318 06/30/2016 LINDSEY GARDENS II LTD 283.00 341319 06/30/2016 LINDSEY GARDENS II LTD 9,834.00 341320 06/30/2016 PAULA ROGERS & ASSOCIATES INC 482.00 341321 06/30/2016 FIVE STAR PROPERTY HOLDING LLC 847.00 341322 06/30/2016 MARK BAER 10,472.00 341323 06/30/2016 AMBER MAYOR 561.00 341324 06/30/2016 MELISSA CAMARATA 619.00 341325 06/30/2016 FOUNDATION FOR AFFORDABLE RENTAL 2,919.00 341326 06/30/2016 NKW-CL LLC 557.00 341327 06/30/2016 VERO BEACH PLACE LLC 1,842.00 341328 06/30/2016 MAJ INC 488.00 Grand Total: 1,008,118.46 11 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1009264 06/28/2016 PARKS RENTAL & SALES INC 1,633.25 1009265 06/28/2016 COPYCOINC 639.53 1009266 06/28/2016 UNIVERSAL SIGNS & ACCESSORIES 6,568.50 1009267 06/28/2016 ST LUCIE BATTERY & TIRE CO 1,967.16 1009268 06/28/2016 WORLD INDUSTRIAL EQUIPMENT INC 350.00 1009269 06/28/2016 RECORDED BOOKS LLC 309.60 1009270 06/28/2016 SOUTHERN COMPUTER WAREHOUSE 1,267.75 1009271 06/28/2016 HD SUPPLY FACILITIES MAINTENANCE LTD 189.34 1009272 06/28/2016 SANDERS COMPANY INC 1,552.00 1009273 06/28/2016 STRYKER SALES CORP 1,031.70 1009274 06/28/2016 RECHTIEN INTERNATIONAL TRUCKS 655.91 1009275 06/28/2016 SOUTHERN JANITOR SUPPLY INC 3,078.87 1009276 06/28/2016 PACE ANALYTICAL SERVICES INC 180.00 1009277 06/28/2016 XYLEM WATER SOLUTION USA INC 1,844.00 1009278 06/28/2016 SCRIPPS NP OPERATING LLC 992.33 1009279 06/30/2016 AT&T 12,761.29 1009280 06/30/2016 OFFICE DEPOT BSD CUSTOMER SVC 857.05 1009281 06/30/2016 CALLAWAY GOLF SALES COMPANY 685.10 1009282 06/30/2016 WASTE MANAGEMENT INC 2;399.03 1009283 06/30/2016 COMCAST 104.85 1009284 06/30/2016 COMCAST 0.00 1009285 06/30/2016 POLYDYNE INC 2,507.00 1009286 06/30/2016 WHEELABRATOR RIDGE ENERGY INC 3,068.50 1009287 06/30/2016 COMCAST 28.56 Grand Total: 44,671.32 12 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 4420 06/24/2016 KERNS CONSTRUCTION & PROPERTY 128,483.05 4421 06/24/2016 KIMLEY HORN & ASSOC INC 5,095.50 4422 06/24/2016 C E R SIGNATURE CLEANING 5,000.00 4423 06/24/2016 CDM SMITH INC 2,699.00 4424 06/24/2016 CDM SMITH INC 2,555.62 4425 06/24/2016 INDIAN RIVER COUNTY PROPERTY APPRAISER 225,767.20 4426 06/30/2016 REGIONS BANK 509,406.70 4427 06/3072016 BANK OF NEW YORK 3,615,900.00 4428 06/30/2016 INDIAN RIVER COUNTY SHERIFF 3,399,085.93 4429 06/30/2016 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 84,495.82 4430 06/30/2016 CLERK OF CIRCUIT COURT 75,000.08 Grand Total: 8,053,488.90 13 o Carole Jean Jordan, CFC 3 Tax Collector '20Ri0p' °HOW MAY WE HELP YOU?" July 5, 2016 Board of County Commissioners Attention: Bob Solari, Chairman 1801 27`" Street, Bldg A Vero Beach, FL 32960 Re: Errors and Insolvencies Report for the 2015 Tax Roll Dear Chairman Solari: Pursuant to Chapter 197.492 of the Florida Statutes, pleasefind enclosed the Recapitulation of the 2015 Tax Roll. It includes a copy of the Errors and Insolvencies Report which shows the errors, double assessments, and insolvencies allowed. If I may be of further assistance, please do not hesitate to contact me. Thank you. Sincerely C� Carole Jean Jordan Indian River County Tax Collector CJJ:ekp Attachments 1800 27th Street, Bldg. B, Vero Beach, FL 32960-0310 E-mail: HowMayWeHelpYou(a)IRCTax.com + Website: www.IRCTax.com Phone: (772) 226-1338 + Fax(772)770-5009 14 REPORT OF DISCOUNTS, ERRORS, DOUBLE ASSESMENTS, AND INSOLVENCIES Section 197.492, Florida Statutes Certified to the Board of County Commissioners by Carole Jean Jordan, Tax Collector for Indian River County, Florida. Discounts, errors, double assessments, insolvencies, and exemptions are the only reasons for not collecting personal property taxes. Do not list any personal property tax item unless it is uncollectible. Do not take credit for items which are expected to be collected and remitted later. The County commissioners will examine this list and not allow credit for personal property taxes, unless exempt, if there is personal property which can be levied on to enforce collection. Before submitting this list to the board of county commissioners, the tax collector must fill out and sign the certificate at the end of this form as the last page of the report and recapitulate the amount of all taxes that will be credited. The County Commissioners must sign the certificate at the end of this form (see page 2), which then becomes a part of this report. Person the taxis assessed againstin: the roll , . Description'.Of-Jand.or personal ,property TotaLtaxes deleted j Reason for �eductIM Property ID`b; ".:, ' SCOTT JAMES W * ANNA M 30-38-28-00003-0000-00066/0 36.77 Errors MCCOLLUM NELSON SHAWN 30-38-28-00006-0000-00380/0 3,651.71 Errors SEB INLET MARINA & TRADING CO 30-38-30-00002-0010-00008/0 92.43 Errors VELLENGA CHRISTIAN 30-39-33-00001-0000-00011/0 333.31 Errors HALL HAROLD F CHRISTINE L 31-37-00-00001-0124-00001/0 158.19 Errors HALL HAROLD F CHRISTINE L 31-37-00-00001-0125-00001/0 -157.70 Errors SHARPE ALONZO P * 31-37-00-00001-1155-00002/0 1,754.44 Errors ARANES JOSE EDGARDO SR LISA JAYNE 31-37-00-00001-1263-00001/0 634.84 Errors ENGLE CHARLES P & 31-37-00-00001-1916-00001/0 368.53 Errors FELLSMERE JOINT VENTURE 31-37-00-00001-2122-00001/0 61,540.60 Errors CITY OF SEBASTIAN 31-38-01-00002-0009-00000/0 49.61 Errors FLYNN WILLIAM P * MISSY D 31-38-01-00003-0740-00006/0 986.90 Errors VON STEGERT EVELYN & 31-38-12-00005-5030-00008/0 339.28 Errors MACKEY JEAN MACHAISKI & * 31-38-14-00002-1660-00009/0 5.12 Errors BOARDMAN GAIL P 31-38-14-00003-0000-00094/0 623.67 Errors BROGNANO DANIEL 31-38-23-00003-0000-00106/0 1,986.20 Errors BEALS PATRICIA B (TR)(TOK) 31-38-23-00008-0000-00035/0 972.81 Errors HART PAMELA A * 31-38-24-00001-2410-00010/0 562.47 Errors BRAY FRANCIS M (TRS) 31-38-24-00001-2420-00016/0 16.33 Errors STOLL RICHARD C SR CAROL 31-38-25-00001-3950-00007/0 357.26 Errors BOYINGTON RICHARD J LOIS E 31-38-28-00000-3000-00011/1 643.17 Errors GRAHAM VICKY LYNN * 31-38-28-00006-0160-00004/0 800.39 Errors MEADE MELVIN W 31-39-06-00005-0040-00010/1 23.79 Errors FARR DIANN 31-39-07-00001-4910-00034/0 1,070.36 Errors HERBST ANDREW ANITA 31-39-07-00001-5020-00007/0 223.15 Errors WHITING MACAULEY JR SARA S 31-39-15-00004-0210-00001/0 8,337.20 Errors JACINTO EZPELETA MARIA ZITA BERNARDINA (TR) 31-39-15-00024-0000-00013/0 57,562.19 Errors JACINTO EZPELETA MARIA ZITA BERNARDINA (TR) 31-39-15-00024-0000-00016/0 -57,506.08 Errors COOGAN GERALD KATHLEEN 31-39-17-00000-0020-00028/0 56.37 Errors COOGAN GERALD KATHLEEN 31-39-17-00000-0020-00029/1 86.84 Errors DEWITT WILLARD F ROCHELLE M 31-39-17-00004-0080-00004/0 708.67 Errors STEELE WILLIAM MAUREEN F 31-39-17-00006-0000-00203/0 708.64 Errors WEST ROBERT J 31-39-19-00001-4510-00006/0 949.09 Errors SIMPSON DESIREE T 31-39-19-00001-6160-00010/0 396.73 Errors 1ESSEN RICHARD L SHEILA M 31-39-20-00001-0000-00013/0 589.28 Errors PELICAN POINTE UMBRELLA ASSOC 31-39-21-00005-0000-00000/1 506.91 Errors PELICAN POINTE UMBRELLA ASSOC INC 31-39-21-00005-0001-00001/0 765.48 Errors HINKLEY GRACE S (TR)(TOK) 31-39-26-00040-0020-00301/0 297.81 Errors MARHEVKA JAMES & 31-39-29-00000-5000-00106/0 270.10 Errors CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00001/0 160.62 Errors CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00002/0 160.62 Errors CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00003/0 160.62 Errors CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00004/0 160.62 Errors CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00005/0 160.62 Errors Page 1 of 11 15 Description of land or'personai proerty Person the tax is assessed against in the roll Pr6oertV• ID # Total taxes deleted I Reason for reduction CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00006/0 160.62 Errors CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00007/0 160.62 Errors CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00008/0 160.62 Errors INDIAN RIVER COUNTY 31-39-31-00000-7000-00011/0 1,444.63 Errors HAGANS 1R JAMES 31-39-32-00001-0040-00010/0 563.92 Errors MCMANUS CHRISTI 31-39-32-00006-0000-00035/0 634.83 Errors JOHNSON ANDREW B & 31-39-32-00006-0000-00045/0 3,256.90 Errors AC VERO BEACH LLC 31-39-34-00000-0040-00001/0 1,121.50 Errors CAMBEST LYNN M MAURA D 31-39-35-00002-0000-00069/0 1,983.56 Errors CHARLESTON ESTATES VERO LLC 31-39-36-00000-0050-00004/1 1,567.51 Errors CHARLESTON ESTATES VERO LLC 31-39-36-00000-0060-00002/0 6,385.45 Errors CHARLESTON ESTATES VERO LLC 31-39-36-00000-0070-00004/0 5,083.62 Errors CHARLESTON ESTATES VERO LLC 31-39-36-00000-0070-00006/0 1,159.61 Errors CHRISTAL JESSE D & 32-39-03-00013-0000-00027/0 2,219.89 Errors AC VERO BEACH LLC 32-39-03-00000-0010-00001/0 434.61 Errors AC VERO BEACH LLC 32-39-03-00000-3000-00001/1 924.78 Errors RSG OF VERO BEACH, LLC 32-39-03-00000-3000-00014/0 306.64 Errors RSG OF VERO BEACH, LLC * 32-39-04-00000-1000-00009/0 736.42 Errors FIELDSTONE RANCH HOA INC 32-39-05-00006-0000-00000/2 126.00 Errors RAHAL MARIA C 32-39-20-00004-0000-00061/0 430.41 Errors GROUT GEORGIANA ROBERT A 32-39-20-00007-0000-00063/0 109.99 Errors PRITCHARD DOUGLAS B 32-39-20-00007-0000-00151/0 233.27 Errors LINDSEY LANES HOA INC 32-39-21-00005-0000-00000/2 75.00 Errors SHANNON'S WALK PROP OWNR ASSOC 32-39-21-00007-0000-00000/2 25.00 Errors INDIAN RIVER COUNTY * 32-39-22-00013-0000-00000/2 25.00 Errors SMILEY LLOYD G (TR)(TOK)* MARGARET C (TR)(TOK) 32-39-23-00012-0000-00030/0 70.21 Errors HARBOR TRADE CENTRE POA INC 32-39-26-00000-3000-00001/2 75.00 Errors JOHNSON GENEVA * 32-39-26-00006-0000-00009/0 155.21 Errors GATEWAY CTR OWNERS ASSOC INC 32-39-27-00010-0000-00000/2 25.00 Errors HABITAT FOR HUMANITY INC 32-39-27-00011-0000-00000/2 25.00 Errors GRACE PINES HOA INC 32-39-27-00012-0000-00000/2 100.00 Errors GRACE GROVE PROP OWNERS ASSN 32-39-27-00014-0000-00000/2 75.00 Errors GRACE GROVE PROP OWNERS ASSN 32-39-27-00015-0000-00000/2 25.00 Errors GRACE GROVE HOMEOWNERS ASSOCIATION INC 32-39-27-00015-0000-00000/3 25.00 Errors BELL LOUIE M 32-39-28-00005-0040-00001/0 307.83 Errors INDIAN RIVER INDUSTRIAL CENTER MAINTENANCE ASSOC 32-39-28-00012-0000-00000/2 75.00 Errors WILKEY JOANNE K (TR)(TOK) 32-39-32-00019-0000-00004/3 203.62 Errors RDC PHOENIX LLC 32-39-35-00003-0030-00015/0 718.26 Errors RDC PHOENIX LLC 32-39-35-00003-0030-00019/0 307.82 Errors CAVELL MARY P (TR)(TOK)* 32-40-18-00040-0010-00204/0 -1,119.57 Errors BERMUDA BAY LLC 32-40-18-00057-0000-00019/0 22,267.27 Errors CLOGSTON CHARLES E (TR) 32-40-19-00015-0001-00008/0 546.99 Errors ZURFACE JEFFREY L & 32-40-19-00035-0000-00017/0 6,791.14 Errors WILLIAMS MICHAEL T LYNN LYSNE 32-40-29-00014-0000-00069/0 1,219.81 Errors MOLDOVAN AMELIA E (TR) 32-40-29-00028-0000-00004/0 843.92 Errors AIKENS GAIL I * MARY GAIL 32-40-30-00007-0010-00003/0 154.07 Errors SURPRENANT JEFFREY A (TRS) & 32-40-30-00008-0000-00011/0 191.15 Errors SULLIVAN CHARLES SR (TRS) 32-40-31-00003-0020-00014/0 2,950.85 Errors ALEVIZON WILLIAM S & 32-40-31-00007-0180-00017/0 89.34 Errors 3700 OCEAN DRIVE LLC 32-40-31-00007-0190-00004/0 113,132.79 Errors CHANFRAU RITA M 32-40-31-00017-0002-00001/1 -1,186.14 Errors BENDER CARL E (1/3) & 32-40-32-00004-0100-00004/0 5,008.54 Errors CARROLL JOHN M JR * TRACY M 32-40-32-00005-0170-00013/0 3,729.51 Errors HAVARD BRIAN DAVID (TRS) 32-40-32-00010-0070-00007/0 370.77 Errors THE PACKERS OF INDIAN RIVER INC 33-37-14-00000-5000-00001/0 2,618.17 Errors THE PACKERS OF INDIAN RIVER LTD 33-37-14-00000-7000-00001/0 1,778.56 Errors GEIDNER DARLENE 33-38-12-00006-0000-00176/0 429.76 Errors WRIGHT JAMES A 1R JENNY L 33-38-15-00003-0000-00001/0 1,034.84 Errors WRIGHT JAMES A JR JENNY L 33-38-15-00003-0000-00002/0 -278.16 Errors Page 2 of 11 16 f' Description of land or personal property _ ' Person the tax is assessed against in the roll PropertjriD # : Total taxes deleted lReason for• reduction ROGERS GREGORY A DOROTHY A 33-38-22-00001-0090-00001/0 90.00 Errors INEOS NEW PLANET BIOENERGY LLC 33-38-25-00001-0010-00001/0 -5,230.38 Errors INEOS NEW PLANET BIOENERGY LLC 33-38-25-00001-0010-00002/0 -10,058.98 Errors FLETCHER CHRISTINE C " 33-39-01-00005-0130-00024/0 446.86 Errors HYDE THOMAS J 33-39-01-00005-0340-00024/0 1,170.75 Errors FORBES OLSKE V 33-39-02-00004-0210-00001/0 676.35 Errors ROME VIRGIL R JR & (H)* 33-39-02-00020-0120-00003/0 148.67 Errors CHAMBERLAIN YTSJELISCK 33-39-03-00025-0040-00009/0 500.48 Errors KLUCI NEC PAUL A & 33-39-04-00001-0020-00013/0 515.09 Errors HALLENBECK LINDA 33-39-04-00001-0070-00005/0 167,650.32 Errors WALKERS GLEN HOA 33-39-04-00025-0000-00000/2 44.00 Errors WALKERS GLEN HOA 33-39-04-00026-0000-00000/2 22.00 Errors INDIAN RIVER COMMUNITY COLLEGE 33-39-05-00001-0150-00001/0 64.13 Errors INDIAN RIVER COMMUNITY COLLEGE 33-39-05-00001-0150-00001/1 35.55 Errors WARD DAVID W & 33-39-06-00007-0350-00203/0 126.36 Errors JOE EARMAN, ETAL 33-39-09-00008-0020-00000/1 80.00 Errors JOE EARMAN, ETAL 33-39-09-00008-0040-00000/2 40.00 Errors JOE EARMAN, ETAL 33-39-09-00008-0060-00000/1 80.00 Errors JOE EARMAN, ETAL 33-39-09-00008-0070-00000/1 80.00 Errors BORCHERS JEAN M 33-39-11-00004-0010-00031/0 334.18 Errors CONFIDENTIAL 33-39-14-00013-0001-00030/0 629.48 Errors FARKAS BEVERLY (LE) 33-39-17-00003-0011-00007/1 1,000.12 Errors SCHACHT & CO INC 33-39-18-00001-0070-00003/0 222.76 Errors SCHACHT & CO INC 33-39-18-00001-0080-00006/0 -222.76 Errors VIGNOLD LAURA A 33-39-21-00017-0000-00082/0 148.42 Errors GARDNER ROBERT RJR 33-39-23-00015-0000-00039/0 483.76 Errors ENOS CHARLES J CHERYL A 33-39-23-00015-0000-00084/0 152.94 Errors RREF RB 2012 LTl-FL PHP LLC 33-39-24-00000-5000-00024/0 101.88 Errors JENKINS JAMES DAVID JR * LORINE 33-39-24-00000-5000-00025/0 25.47 Errors JENKINS JOHNNIE B * 33-39-24-00000-5000-00036/0 203.76 Errors WIMES JUSTINE DIANE & * 33-39-24-00011-0010-00014/0 8.24 Errors MANCHEC JOHN (50%) & 33-39-25-00000-1000-00010/3 101.88 Errors PARCHAMI AZAR & 33-39.25-00000-1000-00010/4 152.82 Errors HUMMEL NICOLE L" 33-39-25-00000-1000-00010/5 101.88 Errors STEVENS CHARLES RICHARD BETTY J " 33-39-25-00000-1000-00025/0 76.41 Errors LINSKY ADAM MICHAEL KRISTEN SHALAYN 33-39-25-00000-1000-00025/1 25.47 Errors BEAM GERALD F 33-39-25-00000-1000-00026/0 25.47 Errors HOLLINGSWORTH LLOYD DEBORAH 33-39-25-00000-1000-00026/1 50.94 Errors RYAN LINDA L (TR)(TOK)* & 33-39-25-00000-1000-00026/3 25.47 Errors SELECTIVE PROPERTIES LLC 33-39-25-00000-1000-00027/0 229.23 Errors HURST JOYCE R 33-39-25-00000-1000-00028/0 127.35 Errors HAYNES WALLACE B 33-39-25-00000-3000-00005/0 76.41 Errors SMITH JEROLYN 33-39-25-00000-3000-00018/0 50.94 Errors MANNING AUTHOR SR 33-39-25-00000-3000-00024/0 25.47 Errors BETHLEHEM TEMPLE INC 33-39-25-00000-3000-00025/0 50.94 Errors WINDSOR RIDGE LLC 33-39-25-00000-3000-00027/0 101.88 Errors WINDSOR RIDGE LLC 33-39-25-00000-3000-00028/0 101.88 Errors OSLO PROPERTIES LLC 33-39-25-00000-3000-00029/0 229.23 Errors BROWN ETHEL * 33-39-25-00000-3000-00031/0 50.94 Errors SELECTIVE PROPERTIES LLC 33-39-25-00000-3000-00047/0 101.88 Errors CASTER MARK JAMES PATRICIA ANN 33-39-25-00000-3000-00048/0 50.94 Errors KRAMER KEVIN F 33-39-25-00000-3000-00049/0 50.94 Errors WILLIAMS ROBERT 33-39-25-00001-0001-00001/0 25.47 Errors WILLIAMS ROBERT D GLADYS J 33-39-25-00001-0020-00003/0 25.47 Errors WILLIAMS ROBERT D GLADYS J 33-39-25-00001-0020-00010/0 25.47 Errors WHITEHOUSE DAVID J 33-39-25-00006-0040-00001/0 101.88 Errors WYATT EDDIE JAMES * 33-39-25-00006-0040-00002/0 25.47 Errors TARPON IV LLC 33-39-25-00006-0040-00022/0 25.47 Errors KELLY LELIA BENNEFIELD & 33-39-25-00006-0040-00023/0 76.41 Errors Page 3 of 11 17 Description of land`orpersonai property Person the tax is assessed against in the roll Property ID tf Total taxes deleted Reason for reduction LAMB ELDER GLADYS 33-39-25-00006-0040-00024/0 76.41 Errors BISHOP TIMOTHY L MARIE S 33-39-25-00009-0001-00006/0 32.13 Errors HUDSON EDDIE MARTHA N 33-39-26-00002-0008-00009/0 25.47 Errors SAYRE BARBARA L & " 33-39-26-00005-0007-00013/0 8.33 Errors REYES-MEDINA ROSALIND & 33-39-28-00007-0000-00042/0 61.48 Errors LOTT LAWRENCE B JUDY B 33-39-28-00009-0000-00055/0 1,644.48 Errors MCLAUGHLIN ELISA ILGAN (TR)(TOK) 33-39-33-00002-0150-00001/1 405.89 Errors VERO BEACH HIGHLANDS PO ASSN 33-39-35-00002-0002-00001/0 363.00 Errors VERO BEACH HIGHLANDS PO ASSN 33-39-35-00002-0003-00001/0 33.00 Errors VERO BEACH HIGHLANDS PO ASSN 33-39-35-00002-0004-00001/0 33.00 Errors VERO BEACH HIGHLANDS PO ASSN 33-39-35-00002-0005-00001/0 132.00 Errors VERO BEACH HIGHLANDS PO ASSN 33-39-35-00002-0006-00001/0 99.00 Errors VERO BEACH HIGHLANDS PO ASSN 33-39-35-00002-0007-00001/0 99.00 Errors VERO BEACH HIGHLANDS PO ASSN 33-39-35-00002-0008-00001/0 132.00 Errors VERO BEACH HIGHLANDS PO ASSN 33-39-36-00001-0160-00001/0 462.00 Errors VERO BEACH HIGHLANDS PO ASSN 33-39-36-00004-0001-00001/0 66.00 Errors HUTCHINSON JAMES E FRANCES DELORES & 33-39-36-00004-0770-00004/0 16.64 Errors VERO BEACH HIGHLANDS PO ASSN 33-39-36-00005-0001-00001/0 132.00 Errors INDIAN RIVER CLUB COMM ASSOC 33-39-36-00006-0000-00000/2 429.00 Errors INDIAN RIVER CLUB COMM ASSOC 33-39-36-00009-0060-00000/2 33.00 Errors INDIAN RIVER CLUB COMM ASSOC 33-39-36-00010-0000-00000/2 66.00 Errors INDIAN RIVER CLUB COMM ASSOC 33-39-36-00012-0000-00000/2 99.00 Errors HIGH HAWK OF VERO PHASE 1 POA 33-39-36-00013-0000-00000/2 198.00 Errors COHEN BRANDON 33-40-05-00003-0070-00010/0 8,890.08 Errors INDIAN RIVER COUNTY 33-40-05-00009-0010-00001/0 32.07 Errors OTTUSO PATRICK T (TRS)(TOK) & 33-40-06-00002-0000-00024/0 75.80 Errors VINCENT MICHAEL D JENNIFER D 33-40-08-00002-0000-00002/0 914.52 Errors RECIO ALBERTO M CAROL B 33-40-16-00012-0007-00002/0 324.64 Errors PORPOISE POINT HOA 33-40-21-00003-0000-00008/1 11.00 Errors MOORINGS DEVELOPMENT CO 33-40-21-00008-0000-00000/1 10.00 Errors MOORINGS DEVELOPMENT CO 33-40-21-00008-0000-00000/2 10.00 Errors MOORINGS DEVELOPMENT CO 33-40-21-00008-0000-00000/3 30.00 Errors KELLEY WILLIAM N LOIS F 33-40-21-00008-0000-00050/0 5,893.52 Errors MAULFAIR RICHARD (TRS)(TOK) 33-40-21-00013-0000-00019/0 282.62 Errors FLORALTON BEACH POA 33-40-22-00001-0010-00000/1 100.00 Errors MOORINGS OF VERO PROP OWNERS ASSOC' 33-40-27-00001-0000-00050/0 40.00 Errors SOUTHWINDS AT THE MOORINGS ASSOC INC 33-40-27-00001-0000-00055/0 40.00 Errors SOUTHWINDS & THE MOORINGS ASSN 33-40-27-00001-0000-00055/2 10.00 Errors SOUTHWINDS & THE MOORINGS ASSN 33-40-27-00001-0000-00055/3 10.00 Errors SOUTHWINDS AT MOORINGS ASSOC 33-40-27-00001-0000-00055/4 10.00 Errors POINTES AT MOORINGS ASSOC INC 33-40-27-00006-0000-00119/0 10.00 Errors SEA MIST COURT OWNERS ASSOCIATION INC 33-40-27-00042-0000-00000/2 20.00 Errors NUTTALL MARILYN 33-40-30-00008-0001-54010/7 350.33 Errors DEMATTEO JAMES A & 33-40-30-00008-0230-00363/0 -629.50 Errors INDIAN RIVER CLUB COMM ASSOC 33-40-31-00010-0000-00000/2 198.00 Errors INDIAN RIVER CLUB COMMUNITY ASSOCIATION INC 33-40-31-00013-0000-00000/3 102.00 Errors SCHILTZ CHARLES JOSEPH 33-40-34-00000-0010-00003/0 27,434.88 Errors CASARELLA CHARLES D MARIANN 33-40-34-00000-0010-00003/1 -27,434.88 Errors JMJ OF FT PIERCE INC CHEVRON FOOD MART 00210360000 414.18 Errors VITALITY FOOD SERVICE INC 0026560 0000 227.68 Errors BILLY'S AUTO SERVICE INC 0187652 0000 519.55 Errors JENKINS TRUCKING INC 01883500000 1,577.23 Errors MWI CORPORATION 0192521 0000 7,063.49 Errors SIEMENS FINANCIAL SERVICES INC 0197872 0000 -165.87 Errors OFFICE DEPOT INC N380 0203426 0000 659.64 Errors LOWES HOME CENTERS INC LOWES OF VERO BEACH #240 0203628 0000 6,060.87 Errors PEMBERLY 1825 LLC PEMBERLY PALMS 0205375 0000 4,618.99 Errors STEAK'N SHAKE INC 0206323 0000 614.25 Errors GENERAL ENERGY CORPORATION EXXON MART CR 512 0206868 0000 999.60 Errors Page 4 of 11 18 the tax is assessed against in the.roll I1; KEYBANK NATIONAL ASSOCIATION 0211356 0000 KEYBANK NATIONAL ASSOCIATION 0211357 0000 CANNOFFO ENTERPRISES INC 27TH AVENUE SHELL FOOD MA 0211904 0000 BUDDYS NEWCO LLC #58 BUDDY'S HOME FURNISHINGS 0215074 0000 CPM ACRES LLC/NICK'S AUTO NICK AUTO 0215352 0000 OCULINA BANK 0218747 0000 SONIFI SOLUTIONS INC 02202100000 MOLON LABE LLC OLD DIXIE LOADERS & SUPPLY 0220947 0000 ZONAL HOSPITALITY SYSTEMS INC 0221774 0000 INEOS NEW PLANET BIOENERGY LLC 0221787 0000 LILIES OF THE FIELD LANDSCAPIN G LLC 0221877 0000 DE MOYA GROUP INC 02220190000 HO HIEU T BERRY TWISTER FROZEN YOGURT 0222153 0000 WILKE INC FOURTEEN BONES 0222154 0000 MODERN ONE SALON LLC CLOUD 9 SALON & SPA 0222157 0000 HARBOR COMMUNITY BANK 0222162 0000 SWEET KISS ICE CREAM INC 0222168 0000 ALLIED FIBER 0222245 0000 ALLIED FIBER 0222246 0000 ALLIED FIBER 0222247 0000 ALLIED FIBER 0222248 0000 Grand Total - Errors CITY OF SEBASTIAN FIELDS GEORGE * ESTELL CHU THINH D & DIX GEORGE M BRADSHAW OLIVIA DENISE MCCUTCHEN & JENNINGS INC GIFFORD GARDENS LLC GIFFORD GARDENS LLC GIFFORD GARDENS LLC GIFFORD GARDENS LLC MCKENZIE ESTELLA (1/2)(L)* & BAKER JERRY J (50%) & * SUSANNA CHAPTER NO 63 OES INDIAN RIVER COUNTY INDIAN RIVER COUNTY DENTON ROBERT JR * JEANETTE M ROSELAND UNITED METHODIST CHURCH ROSELAND UNITED METHODIST CHURCH INC LAPORTA GRACE ROSELAND UNITED METHODIST CHURCH INC SLADE JON JEFFREY BONNIE'5 HUMANA INC KARR EDWARD T (TR) " KESSINGER MARY L CALVERT DANIEL GROVER ALBERT D & DYNASTY PROPERTIES OF SOUTH FLORIDA LLC BENJAMIN LYNDA L * DAVIES JEFFREY NEIL JENNIFER ANNE ROTCHFORD GEORGE D MARILYN 1 & DESTINATION SEBASTIAN LLC GAMUT PROPERTIES LLC GAMUT PROPERTIES LLC CORDNER HAROLD LIANNE CORDNER HAROLD J LIANNE K or 10 # ' 31-38-01-00002-0160-00021/0 32-39-26-00000-3000-00041/0 32-39-26-00003-0180-00009/0 32-39-26-00005-0020-00003/0 32-39-26-00008-0000-00033/0 32-39-27-00000-1000-00057/1 32-39-27-00001-0000-00020/4 32-39-27-00003-0000-00001/0 32-39-27-00003-0000-00004/0 32-39-27-00003-0000-00034/0 32-39-27-00003-0000-00049/0 32-39-27-00003-0000-00060/0 32-39-27-00007-0000-00042/0 32-39-33.00003-6002-00001/0 32-39-33-00004-0000-00000/1 Grand Total - insolvencles 30-38-21-00001-0000-00009/0 30-38-21-00005-0090-00004/0 30-38-21.00005-0100-00006/0 30-38-21-00005-0110-00006/1 30-38-21-00005-0120-00001/0 30-38-22-00002-0006-00000/0 30-38-25-00000-0010-00017/0 30-38-25-00007-0000-00001/1 30-38-30-00006-0000-00003/2 30-39-33-00000-1000-00005/0 30.39-33-00000-1000-00006/0 30-39-33-00000-1000-00009/0 30-39-33-00000-1000-00010/0 30-39-33-00000-7000-00005/0 30.39-33-00000-7000-00007/0 30-39-33-00000-7000-00009/0 30-39-33-00000-7000-00010/0 30-39-33.00000-7000-00012/0 30-39-33-00000-7000-00013/0 taxes deleted 56.84 1.39 361.59 692.90 557.89 363.00 207.04 552.94 51.42 -439,587.53 634.71 2,038.43 579.84 538.47 531.35 3,351.44 1,675.73 825.59 502.80 217.16 204.68 63,710.58 193.32 112.26 150.41 148.83 203.17 166.60 96.14 65.53 444.19 94.54 424.00 384.45 108.44 650.14 432.76 3,674.78 24.12 1.00 1.00 29.32 1.00 17.01 2.83 28.32 17.16 3.25 3.33 6.16 3.51 3.25 3.33 3.33 2.68 5.33 5.51 ison for Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Errors Insolvencies Insolvencies Insolvencies Insolvencies Insolvencies Insolvencies Insolvencies Insolvencies Insolvencies Insolvencies Insolvencies Insolvencies Insolvencies Insolvencies Insolvencies Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Under Minimum Page 5 of 11 19 Destription;ofland or ersonal .property Person the tax is assessed agalnst in the roll . .: Property ID:# Total taxes deleted Reason for,reductioh UNITED REAL ESTATE VENTURES INC 30-39-33-00000-7000-00015/0 1.26 Under Minimum SMITH ROGER W JR 30-39-33-00000-7000-00016/0 6.50 Under Minimum TRIPLE S HOLDINGS LTD 31-35-03-00000-1000-00005/0 2.12 Under Minimum LISLE DORIS M (TR)(TOK) * 31-35-03-00000-3000-00002/0 23.29 Under Minimum TRIPLE S HOLDINGS LTD 31-35-03-00000-5000-00003/0 4.11 Under Minimum LISLE DORIS M (TR)(TOK) * 31-35-04-00000-5000-00004/0 13.15 Under Minimum MILLS KATHRYN (TR) 31-35-06-00000-5000-00001/1 23.58 Under Minimum MILLS KATHRYN (TR) 31-35-18-00000-3000-00001/0 24.67 Under Minimum FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0322-00001/0 21.18 Under Minimum FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0324-00002/0 21.01 Under Minimum FLORIDA ATLANTIC CITRUS PROPERTY OWNERS INC 31-37-00-00001-0359-00001/1 24.18 Under Minimum FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0364-00001/0 20.84 Under Minimum FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0366-00001/0 10.50 Under Minimum FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0431-00001/0 20.64 Under Minimum FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0431-00002/0 21.01 Under Minimum FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0475-00001/0 20.84 Under Minimum FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0517-00001/0 20.84 Under Minimum FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0568-00001/0 10.50 Under Minimum FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0619-00001/0 20.84 Under Minimum FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0625-00001/0 10.64 Under Minimum FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0625-00002/0 20.84 Under Minimum FL ATL CITRUS PROP OWNRS ASSOC 31-37-00-00001-0677-00001/0 10.50 Under Minimum FL ATL CITRUS PR OWNRS ASS INC 31-37-00-00001-0768-00001/0 20.64 Under Minimum MORTON RICHARD HELEN 31-37-00-00001-0774-00002/0 28.84 Under Minimum PARENTELA VINCENT DIANE 31-37-00-00001-0870-00001/0 24.18 Under Minimum REVELATION TRUTH CHURCH INT'L 31-37-00-00001-1548-00002/0 20.00 Under Minimum REVELATION TRUTH CHURCH INTERNATIONAL INC 31-37-00-00001-1548-00003/0 20.00 Under Minimum REVELATION TRUTH CHURCH INTERNATIONAL INC 31-37-00-00001-1548-00004/0 20.00 Under Minimum REVELATION TRUTH CHURCH INTERNATIONAL INC 31-37-00-00001-1548-00006/0 20.00 Under Minimum NEW BETHEL AME CHURCH 31-37-00-00004-0020-00061/0 10.00 Under Minimum MT OLIVE MISSIONARY BAPTIST CHURCH 31-37-00-00004-0030-00073/0 10.00 Under Minimum MT OLIVE MISSIONARY BAPTIST CHURCH 31-37-00-00004-0030-00074/0 10.00 Under Minimum CARNELL RICHARD M JR WENDY W 31-37-00-00009-0420-00024/0 29.98 Under Minimum MONROE MICHAEL M * CHERYL 31-37-00-00009-0420-00024/1 29.98 Under Minimum FELLSMERE CHURCH OF GOD (TRS) 31-37-00-00009-0820-00001/0 10.00 Under Minimum REDLANDS CHRISTIAN MIGRANT ASSOC INC 31-37-00-00009-0830-00016/0 10.00 Under Minimum JOURNIGAN HORACE (TRS) & 31-37-00-00009-1160-00012/0 10.00 Under Minimum FEY HAROLD 31-38-11-00003-0090-00019/0 4.18 Under Minimum FCB REO REAL ESTATE LLC 31-38-20-00000-1000-00005/1 29.22 Under Minimum INDIAN RIVER COUNTY 31-38-21-00000-0020-00005/0 11.34 Under Minimum FCB REO REAL ESTATE LLC 31-38-21-00000-3000-00002/0 17.75 Under Minimum UNITED REAL ESTATE VENTURES IN 31-39-04-00000-0030-00004/0 14.67 Under Minimum GOLDING JEFFREY * MARY BETH * 31-39-04-00000-0030-00004/1 2.83 Under Minimum SEBASTIAN METHODIST'CHURCH INC 31-39-06-00000-0040-00025/0 19.43 Under Minimum CITY OF SEBASTIAN 31-39-06-00003-0010-00001/2 7.08 Under Minimum SEBASTIAN METHODIST CHURCH INC 31-39-06-00005-0010-00004/0 25.12 Under Minimum SEBASTIAN METHODIST CHURCH INC 31-39-06-00005-0010-00005/0 23.55 Under Minimum SEBASTIAN UNITED METHODIST CHURCH * 31-39-06-00005-0030-00001/0 21.31 Under Minimum SEBASTIAN UNITED METHODIST CHURCH * 31-39-06-00005-0030-00002/0 21.55 Under Minimum SEBASTIAN UNITED METHODIST CHURCH * 31-39-06-00005-0030-00003/0 21.16 Under Minimum SEBASTIAN UMC 31-39-06-00010-0000-00008/0 24.44 Under Minimum SEBASTIAN UNITED METHODIST CHURCH * 31-39-06-00010-0000-00012/0 26.69 Under Minimum INDIAN RIVER COUNTY 31-39-06-00017-0010-00013/1 3.15 Under Minimum MOTIVA ENTERPRISES LLC 31-39-06-00020-0060-00001/1 16.55 Under Minimum CONDE CLARENCE P * 31-39-17-00000-0020-00029/2 8.31 Under Minimum HIERS PROPERTIES LLC 31-39-17-00000-0020-00029/3 14.18 Under Minimum FISCHER HENRY A 31-39-20-00000-1000-00022/2 14.18 Under Minimum BOOS -GMC SEBASTIAN LLC * 31-39-20-00007-0000-00000/2 9.27 Under Minimum SCHWERIN 510 LLC 31-39-28-00006-0090-00001/0 5.67 Under Minimum Page 6 of 11 20 Person the tax is assessed against in the roll Description of land or Oirsonal,oropetty I" Tota1 taxes deleted - Reason for reddction l ',property ID # DAWSEY WOODROW 31-39-29-00000-3000-00011/0 22.68 Under Minimum DAWSEY WOODROW 31-39-29-00000-3000-00012/0 22.68 Under Minimum ABT MICHAEL C TAFFI * 31-39-30-00001-0000-00001/0 17.18 Under Minimum ABT MICHAEL C TAFFI * 31-39-30-00001-0000-00002/0 17.18 Under Minimum INDIAN RIVER COUNTY 31-39-30-00002-0000-00000/3 4.60 Under Minimum CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00001/0 1.45 Under Minimum CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00002/0 1.45 Under Minimum CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00003/0 1.45 Under Minimum CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00004/0 1.45 Under Minimum CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00005/0 1.45 Under Minimum CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00006/0 1.45 Under Minimum CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00007/0 1.45 Under Minimum CROSS CREEK LAKE ESTATES INC 31-39-30-00006-0040-00008/0 1.45 Under Minimum VAN ANTWERP FREDERICK W (COTR) FLORENCE B (COTR) 31-39-32-00000-5000-00004/0 28.52 Under Minimum GRAINGER KEITH A & 31-39-33-00000-1000-00038/0 17.01 Under Minimum TR OF HEAVENLY CHURCH OF FIRST BORN 31-39-33-00000-3000-00008/0 14.18 Under Minimum SEACREST ESTATES INC * 31-39-34-00000-0060-00001/0 9.01 Under Minimum CROOKED TREE LAND AND CATTLE COMPANY 32-35-14-00000-7000-00003/0 6.55 Under Minimum ROL INC & 32-35-18-00000-3000-00001/0 12.80 Under Minimum ROL INC & 32-35-19-00000-1000-00002/0 4.11 Under Minimum MCINTURF ENTERPRISES INC * 32-35-20-00000-1000-00002/0 5.58 Under Minimum LGR RANCH CATTLE COMPANY LLC 32-35-22-00000-3000-00001/0 9.43 Under Minimum LATT MAXCY CORP 32-35-22-00000-5000-00001/1 1.48 Under Minimum GRANTHAM SUZANNE TINDELL (TR) * 32-35-23-00000-1000-00002/1 20.01 Under Minimum CROOKED TREE LAND AND CATTLE COMPANY 32-35-23-00000-1000-00004/0 17.88 Under Minimum KAHLE FAMILY INVESTMENTS III LLC 32-35-26-00000-5000-00001/0 14.95 Under Minimum HULLFISH CLARENCE E 32-35-31-00000-3000-00001/6 22.14 Under Minimum GAZZA JOSEPH ZACHARY 32-35-31-00000-5000-00011/0 22.80 Under Minimum GAZZA JOSEPH ZACHARY 32-35-31-00000-7000-00001/0 20.01 Under Minimum PRESSLEY RANCH INC 32-35-36-00000-0010-00002/0 9.84 Under Minimum PRESSLEY RANCH INC 32-36-00-00000-0000-00002/0 5.92 Under Minimum HOLMAN B L (LESS) 32-36-00-00000-0000-00007/0 5.42 Under Minimum RO-ED CORP 32-38-08-00000-1000-00001/1 8.91 Under Minimum LATOUR JORGE A CONSUELO P 32-38-13-00000-5000-00001/0 17.34 Under Minimum HUGH CORRIGAN III FAMILY LIMITED PARTNERSHIP (1/2) & 32-38-29-00000-5000-00001/0 12.53 Under Minimum INDIAN RIVER PROPERTY LP 32-38-30-00000-5000-00001/0 18.17 Under Minimum O'HAIRE MICHAEL 32-39-03-00001-0190-00001/0 7.46 Under Minimum KEAN JOHN (TRS) & 32-39-01-00001-0260-00001/0 5.81 Under Minimum CHARLESTON ESTATES VERO LLC 32-39-01-00001-1110-00001/0 8.02 Under Minimum LOST TREE VILLAGE CORP 32-39-01-00001-1120-00001/0 28.69 Under Minimum LOST TREE VILLAGE CORP 32-39-01-00001-1140-00001/0 16.86 Under Minimum WINKLER ANDREW J (TR) & 32-39-03-00000-5000-00001/2 14.09 Under Minimum PURVIS LULA BELLE (LE) * 32-39-10-00000-3000-00004/0 14.58 Under Minimum FLORIDA EAST COAST RAILWAY LLC 32-39-10-00000-3000-00018/0 7.11 Under Minimum CLARK EDWARD LOUISE 32-39-10-00003-0020-00017/1 25.34 Under Minimum JOHNS ISLAND CLUB INC 32-39.12-00000-0010-00002/0 2.09 Under Minimum 1ETSON EXECUTIVE MINI -STORAGE LLC 32-39-15-00000-1000-00010/1 21.36 Under Minimum GRAND HARBOR NORTH LAND LLC 32-39-15-00000-1000-00025/0 1.41 Under Minimum BENT PINE GOLF CLUB INC 32-39-15-00000-3000-00011/2 27.45 Under Minimum BENT PINE GOLF CLUB INC 32-39-16-00000-1000-00015/1 27.45 Under Minimum BENT PINE GOLF CLUB INC 32-39-16-00000-1000-00015/2 27.45 Under Minimum PROVIDENCE POINTE VERO BEACH LLC 32-39-20-00001-0030-00003/0 21.15 Under Minimum CAC VERO I LLC 32-39-22-00000-1000-00003/2 28.14 Under Minimum LF2/MCP HARBOR POINT LP 32-39-23-00029-0000-00000/2 8.44 Under Minimum ESTUARY DEVELOPMENT LTD * 32-39-24-00002-0000-00000/1 0.31 Under Minimum TRS OF ST PETERS MISSIONARY BAPTIST CHURCH 32-39-26-00000-3000-00048/0 25.00 Under Minimum SEGMENT MARKETS 85 INC 32-39-26-00000-7000-00002/0 17.21 Under Minimum RUSSELL VIRGINIA W FAMILY LTD PTNR 32-39-26-00000-7000-00006/0 22.36 Under Minimum APOSTOLIC FAITH REVIVAL CENTER 32-39-26-00002-0130-00003/0 25.00 Under Minimum Page 7 of 11 21 Descrlption of land or p6ribnal pro ert Person the tax is assessed against in the toll : ^ Property ID"# Total taxes deleted Reason for. reduction APOSTOLIC FAITH REVIVAL CENTER 32-39-26-00004-0200-00001/0 25.00 Under Minimum APOSTOLIC FAITH REVIVAL CENTER 32-39-26-00004-0200-00002/0 25.00 Under Minimum RIVERFRONT GROVES INC 32-39-26-00006-0000-00025/0 27.49 Under Minimum BEASLEY LEONA MC DOUGALD 32-39-26-00010-0070-00103/0 14.09 Under Minimum SUN AVIATION INC (LESS)' 32-39-26-00011-0060-00001/1 18.00 Under Minimum BREATH OF HEAVEN MINISTRIES OF THE TREASURE COAST IN 32-39-32-00002-0000-00004/0 18.00 Under Minimum KINGDOM HARVEST INC 32-39-35-00007-0030-00006/0 18.00 Under Minimum VISTA HARBOR 32-39-36-00011-0130-00000/5 18.00 Under Minimum VISTA HARBOR 32-39-36-00011-0140-00000/5 18.00 Under Minimum VISTA HARBOR 32-39-36-00011-0150-00000/5 18.00 Under Minimum VISTA HARBOR 32-39-36-00011-0160-00000/5 18.00 Under Minimum VISTA HARBOR 32-39-36-00011-0170-00000/5 18.00 Under Minimum VISTA HARBOR 32-39-36-00011-0180-00000/5 18.00 Under Minimum VISTA HARBOR 32-39-36-00011-0190-00000/5 18.00 Under Minimum VISTA HARBOR 32-39-36-00011-0200-00000/5 18.00 Under Minimum JOHNS ISLAND INC 32-40-07-00000-0040-00001/0 25.34 Under Minimum THE ESTUARY DEVELOPMENT LTD 32-40-19-00000-0020-00004/0 18.49 Under Minimum VISTA HARBOR 32-40-31-00010-0010-00000/5 18.00 Under Minimum VISTA HARBOR 32-40-31-00010-0020-00000/5 18.00 Under Minimum VISTA HARBOR 32-40-31-00010-0030-00000/5 18.00 Under Minimum VISTA HARBOR 32-40-31-00010-0040-00000/5 18.00 Under Minimum VISTA HARBOR 32-40-31-00010-0050-00000/5 18.00 Under Minimum VISTA HARBOR 32-40-31-00010-0060-00000/5 18.00 Under Minimum VISTA HARBOR 32-40-31-00010-0070-00000/5 18.00 Under Minimum VISTA HARBOR APT BLDG 32-40-31-00010-0080-00000/5 18.00 Under Minimum VISTA HARBOR APT BLDG 32-40-31-00010-0090-00000/5 18.00 Under Minimum VISTA HARBOR APT BLDG 32-40-31-00010-0100-00000/5 18.00 Under Minimum VISTA HARBOR 32-40-31-00010-0110-00000/5 18.00 Under Minimum VISTA HARBOR 32-40-31-00010-0120-00000/5 18.00 Under Minimum VISTA HARBOR 32-40-31-00010-0210-00000/5 18.00 Under Minimum R & H DEVELOPMENT CORP 32-40-31-00014-0000-00000/1 18.00 Under Minimum CAIN & BRANIGAN 32-40-31-00016-0000-00000/1 18.00 Under Minimum ROYAL PALM POINTE OF VERO BEACH CONDO ASSOC INC 32-40-31-00017-0000-00000/3 18.00 Under Minimum ESCO LYNN (TRS) & 33-37-14-00000-3000-00002/0 25.51 Under Minimum BELCHER E N JR (ETAL) 33-37-23-00000-7000-00002/0 15.74 Under Minimum FOUNTAIN JOHN N JR 33-38-03-00002-0010-00009/0 24.30 Under Minimum PRIMA VISTA CORP 33-38-03-00002-0030-00008/0 26.29 Under Minimum GILMORE JOSEPH A' STEPHANIE 33-38-03-00002-0030-00009/0 2.14 Under Minimum PRIMA VISTA CORPORATION' 33-38-03-00002-0030-00019/0 18.83 Under Minimum PARADISE CENTRAL CORP 33-38-03-00002-0170-00013/1 27.45 Under Minimum SOUTHERN CLASSIC HOMES LLC 33-38-12-00002-0000-00045/1 25.11 Under Minimum STREETMAN CALPHREY B (1/3) & 33-38-22-00001-0100-00003/0 29.34 Under Minimum VERO BEACH COUNTRY CLUB INC 33-39-03-00000-3000-00008/0 20.20 Under Minimum FLA EAST COAST RAILWAY 33-39-03-00000-5000-00020/0 7.67 Under Minimum FIRST PRESBYTERIAN CHURCH OF VERO BEACH FL INC 33-39-01-00005-0310-00011/0 18.00 Under Minimum FEC RAILWAY CO 33-39-01-00046-0000-00000/2 22.89 Under Minimum MASCHMEYER PROPERTIES 1400 LLC 33-39-01-00047-0040-00020/1 25.67 Under Minimum FELIX POPPELL POST#39 DEPT OF FL AMERICAN LEGION INC 33-39-03-00047-0200-00009/0 18.00 Under Minimum ROYAL PARK CONDO ASSN BLDG E 33-39-01-00052-0050-00000/5 18.00 Under Minimum ROYAL PARK CONDO ASSN BLDG W 33-39-01-00052-0100-00000/5 18.00 Under Minimum ST VINCENT DE PAUL SOC IRC INC 33-39-02-00000-7000-00005/0 18.00 Under Minimum ST VINCENT DE PAUL SOC IRC INC 33-39-02-00000-7000-00006/0 18.00 Under Minimum FIRST BAPTIST CHURCH OF VERO BEACH INC 33-39-02-00001-0280-00004/0 18.00 Under Minimum FIRST BAPTIST CHURCH OF VERO BEACH INC 33-39-02-00001-0300-00014/0 18.00 Under Minimum COMMUNITY CHURCH OF VERO BEACH 33-39-02-00001-0390-00001/0 18.00 Under Minimum COMMUNITY CHURCH OF VERO BEACH 33-39-02-00001-0390-00003/0 18.00 Under Minimum FIRST UNITED METHODIST CHURCH OF VERO BEACH INC 33-39-02-00001-0390-00008/0 18.00 Under Minimum FIRST UNITED METHODIST CHURCH OF VERO BEACH INC 33-39-02-00001-0390-00010/0 18.00 Under Minimum FIRST METHODIST CHURCH OF VERO BEACH INC • 33-39-02-00001-0420-00003/0 18.00 Under Minimum Page 8 of 11 22 Description of land or persona! property ,Person the to is assessed against in the roll PropertY1b 4 Total taxes.deleted Reason for reduction FIRST UNITED METHODIST CHURCH 33-39-02-00001-0420-00004/0 18.00 Under Minimum FIRST UNITED METHODIST CHURCH 33-39-02-00001-0420-00006/0 18.00 Under Minimum FIRST METHODIST CHURCH OF VERO BEACH INC * 33-39-02-00001-0430-00003/0 18.00 Under Minimum FIRST METHODIST CHURCH OF VERO BEACH INC * 33-39-02-00001-0430-00004/0 18.00 Under Minimum FIRST METHODIST CHURCH OF VERO BEACH INC * 33-39-02-00001-0430-00007/0 18.00 Under Minimum CITY OF VERO BEACH ALLEY 33-39-02-00001-0470-00006/1 18.00 Under Minimum VERO BEACH THEATRE GUILD INC 33-39-02-00005-0350-00003/0 18.00 Under Minimum ST FRANCIS MANOR INC 33-39-02-00008-0040-00007/0 18.00 Under Minimum ST FRANCIS MANOR INC 33-39-02-00008-0040-00008/0 18.00 Under Minimum EVANGELICAL COVENANT CHURCH OF VERO BEACH FL INC 33-39-02-00016-0010-00001/1 18.00 Under Minimum EVANGELICAL COVENANT CHURCH OF VERO BEACH FL INC 33-39-02-00016-0010-00001/2 18.00 Under Minimum EVANGELICAL COVENANT CHURCH OF VERO BEACH FL INC 33-39-02-00016-0010-00011/0 18.00 Under Minimum VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00007/0 18.00 Under Minimum VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00009/0 18.00 Under Minimum VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00010/0 18.00 Under Minimum VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00012/0 18.00 Under Minimum VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00016/0 18.00 Under Minimum VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00017/0 18.00 Under Minimum VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00019/0 18.00 Under Minimum VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0030-00021/0 18.00 Under Minimum VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0040-00006/0 18.00 Under Minimum VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0040-00008/0 18.00 Under Minimum VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0040-00011/0 18.00 Under Minimum VERO BEACH CHURCH OF CHRIST INC 33-39-03-00010-0040-00020/0 18.00 Under Minimum DIAZ MARIO * RAQUEL 33-39-10-00001-0070-00004/0 28.60 Under Minimum JOHNSON WALTER 0 JOANNE L 33-39-10-00001-0070-00006/0 28.60 Under Minimum DIMINO NICK * 33-39-10-00001-0070-00009/1 28.60 Under Minimum SOWELL BROADUS F PATRICIA B 33-39-30-00001-0070-00009/2 28.60 Under Minimum UNITARIAN UNIVERSALIST FELLOWSHIP OF VERO BCH INC 33-39-10-00003-0010-00003/0 18.00 Under Minimum SANDALWOOD OF VERO HOA INC 33-39-10-00030-0080-00001/0 18.00 Under Minimum FIRST CHURCH OF THE NAZARENE INC 33-39-11-00014-0020-00004/0 18.00 Under Minimum FIRST CHURCH OF THE NAZARENE INC 33-39-11-00014-0020-00018/0 18.00 Under Minimum LEWIS JESSIE G * & 33-39-12-00000-1000-00042/0 15.58 Under Minimum BARATTINI P 33-39-12-00000-1000-00042/1 21.21 Under Minimum STEWART JAMES H (TR) 33-39-12-00000-3000-00039/0 28.14 Under Minimum GRIMM MANAGEMENT LTD PTNR 33-39-12-00000-3000-00039/1 3.49 Under Minimum VILLAGE WALK INC * 33-39-12-00043-0000-00001/0 14.09 Under Minimum HEALTH CARE REIT INC * 33-39-13-00000-1000-00014/0 8.44 Under Minimum SCHUTT MARGUERITE M (1/2) & 33-39-13-00000-7000-00002/1 7.11 Under Minimum PIONEER BAPTIST CHURCH INC 33-39-13-00022-0000-00001/0 18.00 Under Minimum PIONEER BAPTIST CHURCH INC 33-39-13-00022-0000-00002/0 18.00 Under Minimum CARINI EUGENE * OLIVE B 33-39-15-00001-0080-00019/0 23.63 Under Minimum TEMPLE BETH SHALOM OF VERO BEACH INC 33-39-16-00001-0090-00010/1 18.00 Under Minimum ENRIQUEZ PEDRO TERESA 33-39-18-00001-0050-00004/0 20.81 Under Minimum WOLFF GORDON R JR 33-39-24-00014-0000-00000/1 14.09 Under Minimum TREASURE COAST COMMUNITY HEALTH INC 33-39-26-00001-0010-00002/1 18.00 Under Minimum TREASURE COVE RE HOLDINGS LLC 33-40-16-00004-0000-00021/1 2.81 Under Minimum VISTA II INC * 33-40-19-00001-0010-00002/1 12.76 Under Minimum SOUTH PASSAGE ASSN INC 33-40-28-00000-0030-00001/0 13.43 Under Minimum SOUTH PASSAGE ASSN INC 33-40-28-00000-0030-00004/0 24.19 Under Minimum ROE FAMILY BEACH PARTNERSHIP 33-40-28-00000-0030-00005/0 23.87 Under Minimum ATLANTIS PROPERTIES OF VERO BEACH LLC (2/3) & 33-40-28-00000-0030-00007/0 28.34 Under Minimum BAUR SHAUNA 33-40-28-00000-0040-00005/0 5.47 Under Minimum INDIAN RIVER LAND TRUST INC & 33-40-31-00005-0010-00001/0 19.00 Under Minimum PITNEY BOWES INC 0016633 0000 28.38 Under Minimum TITUS CHARLES DAVID PALMETTO TRACTOR SERVICES 0021900 0000 25.64 Under Minimum GATORLAND VISTAS INC HERITAGE VILLAGE MHP #5790 0059620 0000 18.00 Under Minimum PETERSONS GROVE & NURSERY I INC 00611700000 3.49 Under Minimum AMERICAN BOTTLING COMPANY THE 0062270 0000 13.22 Under Minimum Page 9 of 11 23 Descr1 iion`of.land or ersorial' ro ert p. p p . p y. .. Person the tax is assessed asainst in the roll Property ID q Total taxes deleted- . Reas06 for reduction ROYAL CUP INC 0066853 0000 7.96 Under Minimum CREATIVE FLOOR OF VERO BCH INC 0074650 0000 18.72 Under Minimum AMERICAN BOTTLING COMPANY THE 01612600000 5.10 Under Minimum ROBBINS JOHN A BIG DIPPER PRODUCTIONS 0189327 0000 11.93 Under Minimum HALLMARK MARKETING CORPORATION -011 0191166 0000 16.31 Under Minimum 1BT CORPORATION 0191673 0000 28.27 Under Minimum J & J AUTO WORKS INC 0193924 0000 25.73 Under Minimum SENTRY FINANCIAL CORPORATION 0196239 0000 6.21 Under Minimum SENTRY FINANCIAL CORPORATION 0196435 0000 28.70 Under Minimum AM RETAIL BASS COMPANY #4441 0200414 0000 11.84 Under Minimum SENTRY FINANCIAL CORPORATION 0200902 0000 14.43 Under Minimum SAMSONITE COMPANY STORES LLC SAMSONITE #139 0201814 0000 4.94 Under Minimum STATEWIDE COMMERCIAL INSUR INC 0202595 0000 12.78 Under Minimum GAMESTOP GAMESTOP #4349 0203366 0000 13.69 Under Minimum REDDY ICE CORPORATION 0203488 0000 27.34 Under Minimum AMERIGAS PROPANE LP 0205175 0000 11.33 Under Minimum CATALINA MARKETING CORP 0205338 0000 28.77 Under Minimum BECKER HOLDING CORP 0205551 0000 14.23 Under Minimum AAA AUTO CLUB SOUTH AAA AUTO CLUB SOUTH INC 0206544 0000 26.87 Under Minimum PITNEY BOWES INC 0206716 0000 14.69 Under Minimum ACADEMY OF LYMPHATIC STUDIES 0206787 0000 9.46 Under Minimum REDDY ICE CORPORATION 0206794 0000 3.92 Under Minimum REDDY ICE CORPORATION 0206795 0000 6.47 Under Minimum REDDY ICE CORPORATION 0206796 0000 9.37 Under Minimum FOCUS FOUR LLC FOCUS FOUR LLC 0206905 0000 26.11 Under Minimum MBR STORAGE INC 0207270 0000 21.77 Under Minimum FIRST DATA MERCHANT SERVICES 0208349 0000 20.24 Under Minimum JERRY SMITH TILE INC 0209434 0000 21.52 Under Minimum PREMIER CITRUS LLC 0209784 0000 12.66 Under Minimum CNK INC CNK INC 0209814 0000 23.91 Under Minimum PEPSICO SALES INC 0209879 0000 10.33 Under Minimum HP FINANCIAL SERVICES 0209945 0000 19.19 Under Minimum OUTERWALL INC 0209949 0000 19.96 Under Minimum OUTERWALL INC 0209950 0000 26.33 Under Minimum INTL GOLF MAINTEN INC POLO GROUNDS AT POINTE WEST 0211189 0000 8.80 Under Minimum HARRIS SANITATION INC ORCHID 0211232 0000 6.94 Under Minimum PUBLIC STORAGE INC #28087 PUBLIC STORAGE 02154210000 13.86 Under Minimum KING PUTT ENTERTAIN INC SAFARI MINI GOLF & GAMES 0218262 0000 25.43 Under Minimum ADVANCE AMERICA CAC OF FL INC CASH ADVANCE #4206 02182810000 28.52 Under Minimum STATE FARM MUTUAL AUTO INS CO 0218786 0000 13.80 Under Minimum EBEN'S QUALITY AIR CONDITIONING INC 0218798 0000 6.34 Under Minimum MEDTRONIC USA INC 0219486 0000 4.69 Under Minimum MEDTRONIC USA INC 0219487 0000 29.72 Under Minimum GFS FLORIDA LLC 0219599 0000 16.82 Under Minimum BARRIER ISLAND MANAGEMENT CON SULTANT 0220182 0000 18.53 Under Minimum NATIONWIDE MONEY SERVICE 0220322 0000 15.32 Under Minimum UNIVERSAL HOSPITAL SERVICES C/O GRANT THORNTON LLP 0220397 0000 2.61 Under Minimum T -MOBILE SOUTH LLC T -MOBILE 0220402 0000 8.13 Under Minimum WADE ROAD LLC 0220834 0000 16.24 Under Minimum SPRINT SPECTRUM LP LOC M113XCO49 0221001 0000 24.33 Under Minimum T -MOBILE SOUTH LLC 0221013 0000 21.36 Under Minimum OMNICARE OF CENTRAL FLORIDA 02210290000 27.87 Under Minimum EUROPEAN PERFORMANCE AND REPAI R LLC 0221032 0000 20.24 Under Minimum D R HORTON INC 0221466 0000 21.68 Under Minimum QUEST DIAGNOSTICS CLINICAL LABORATORIES 0221788 0000 11.39 Under Minimum ROSENBERG MICHAEL SUSAN ROSENBELLA RANCH 0221820 0000 11.67 Under Minimum TOUAX MODULAR BLDG USA LLC 0221868 0000 16.02 Under Minimum WATERS EDGE DERMATOLOGY 0221912 0000 5.93 Under Minimum INDIAN RIVER MEM HOSP INC CONCIERGE PRACTICE #6204 0221997 0000 3.64 Under Minimum Page 10 of 11 24 ", D6&iption of land or, oets6nal ptooerty.j Person the tax is assessed against in the roll:. I Total taxes deleted Reason'for. reduction GHO HOMES GHO MILLSTONE LANDING CORP 0222009 0000 D R HORTON INC 0222025 0000 GOLF PERFORMANCE SOLUTIONS INC 0222120 0000 SPRINT SPECTRUM LP LOC M113XCO49 0222320 0000 BIDWELL NYRY G SR HELEN E FAIRLANE HARBOR 8120090 0000 DAVID JJOSEPH CO 7100215 TROPICANA TRANSPORTATION CORP 7100314 HERZOG RAILROAD SERVICES INC 7100320 B A S F CORPORATION 7200007 CHEVRON USA INCORPORATED 7200014 FIRST UNION RAIL CORPORATION 7200105 EXXON MOBIL CORP 7200177 AMERICAN RAILCAR LEASING LLC 7200211 DAVID JJOSEPH CO 7200215 MOSIAC CROP NUTRITION LLC 7200219 TROPICANA TRANSPORTATION CORP 7200314 HERZOG RAILROAD SERVICES INC 7200320 TITAN FLORIDA LLC 7200330 TROPICANA TRANSPORTATION CORP 7300314 B A 5 F CORPORATION 7400007 EXXON MOBIL CORP 7400177 DAVID JJOSEPH CO 7400215 TROPICANA TRANSPORTATION CORP 7400314 HERZOG RAILROAD SERVICES INC 7400320 Grand Total - Under Minimum Grant Total - Discounts Grand Total - Errors, insolvencies, Under Minimum & Discounts 15.59 Under Minimum 20.10 Under Minimum 29.18 Under Minimum 24.68 Under Minimum 6.59 Under Minimum 29.86 Under Minimum 12.50 Under Minimum 19.54 Under Minimum 12.39 Under Minimum 15.03 Under Minimum 16.95 Under Minimum 13.23 Under Minimum 15.08 Under Minimum 9.94 Under Minimum 26.63 Under Minimum 4.16 Under Minimum 6.50 Under Minimum 19.51 Under Minimum 21.72 Under Minimum 25.22 Under Minimum 26.91 Under Minimum 20.22 Under Minimum 8.47 Under Minimum 13.19 Under Minimum 5,459.31 9,155,281.33 Discounts 9,228,126.00 Page 11 of 11 25 DR -505 R. 4/16 INSTRUCTIONS Rule 12D-16.002 To Tax Collectors: Florida Administrative Code 1. Use this for the last sheet on your report of discounts, errors, double assessments, and insolvencies. 2. Do not list any item without showing the reason or code in the right-hand column. 3. As much as possible, group together all items coming under one heading. For instance, place all errors under one heading, all double assessments under another, exemptions under another, etc. 4. For exemptions, specify whether widow, veteran, homestead, disability, etc. Tax Collector Recapitulation 1, Carole Jean Jordan , Tax Collector of Indian River County, Florida, certify this is a report of all discounts, errors, double assessments, and insolvencies on the assessment roll for 2015; that all errors and double assessments have been plainly indicated on the assessment roll; that the discounts were actually earned for the month as shown; that no exemptions, other than those shown on the assessment roll, have been allowed by me without proof that each claim was legal; that each item marked insolvent is, in fact, insolvent and, although diligent search has been made by me I have been unable to find any property to levy on to enforce the payment of the tax; and that I have not collected any of the items shown on this list. I am entitled to credit against the 2015 Assessment Roll in the following amounts: Errors 63,710.58 Federal bankruptcies 0.00 Insolvencies 3,674.78 Other: (specify) Under Minimum 5,459.31 Double assessments 0.00 Discounts 9,155,281.33 n /1 1 TOTAL 9,228,126.00 mg 6 J4 0 Indian River -715'11& Signatu ,Tax Collector County Date County Commission Recapitulation We, the members of the Board of County Commissioners of Indian River County, Florida, certify that we have examined and compared each item of this report. The tax collector has stricken from this report and made a separate list of items which in our judgment should be collected by the tax collector. To the best of our knowledge, this list is correct, just and legal. Hon. Carole Jean Jordan Tax Collector, is entitled to credit on account the amounts below. Errors 63,710.58 Federal bankruptcies 0.00 Insolvencies 3,674.78 Others: (specify) Under Minimum 5,459.31 Double assessments 0.00 Discounts 9,155,281.33 TOTAL 9,228,126.00 Attest: Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY LAN REINGOLD COUNTY ATT©RNEY Signature, chairman Member Member Member Member Date 26 Office of the INDIAN RIVER COUNTY Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator ADMINISTRATOR MEMORANDUM TO: Members of the Board ounty Commissioners FROM: Jason E. Brown ( I k -)"r County Administrator DATE: July 5, 2016 SUBJECT: Authorization to Attend Treasure Coast Chapter of FGFOA Quarterly Meeting and Seminar The County Administrator is requesting authorization to attend the quarterly Meeting and Seminar of the Treasure Coast Chapter of Florida Government Finance Officers Association (TCFGFOA) to be held in Port St. Lucie Florida'on July 22, 2016. Funding is available in the Administration 2015/2016 FY budget in accounts 00120112-034010 and 00120112-035430. APPROV GEND M BY: ( /��— a� FOR: Ju 2016 Indian River Co Approved Date Administrator 27 CONSENT INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM TO: Jason Brown County Administrator FROM: Sheila O'Sullivan Human Resources Generalist DATE: July 1, 2016 SUBJECT: 2017 Holiday Schedule For consideration by the Board of County Commissioners, the following is the proposed schedule of holidays for Indian River County employees for 2017: Holiday New Year's Day Martin Luther King Jr. Day Good Friday Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Day after Thanksgiving Christmas Eve Christmas Day New Year's Day Jasoq Brown, County Administrator For: County Observance Monday, January 2, 2017 Monday, January 16, 2017 Friday, April 14, 2017 Monday, May 29, 2017 Tuesday, July 4, 2017 Monday, September 4, 2017 Friday, November 10, 2017 Thursday, November 23, 2017 Friday, November 24, 2017 Friday, December 22, 2017 Monday, December 25, 2017 Monday, January 1, 2018 Indian River Co. Appro a Administration Legal Date 76 Budget 2-1-1 Dept. u l ,tib Risk Management I P 28 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: June 21, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Service HE Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager A13 Subject: Work Order No. 1 with Carollo Engineers, Inc., for Manhole Rehabilitation at Ixora Park Subdivision. DESCRIPTIONS AND CONDITIONS: Indian River County Department of Utility Services (IRCDUS) owns and maintains approximately 82 miles of gravity sewer mains. Some of these mains are approximately sixty (60) years old and are in need of replacement or restoration. Staff elected to restore six (6) brick manholes within the Ixora Park Subdivision that were constructed in 1959. Staff initially budgeted the subject work to be done utilizing Glass -Fiber Reinforced Polyester (FRP) liner, which has been used in the past at lift stations. Once we evaluated the in-situ conditions, staff realized the FRP method of rehabilitating these manholes will cost twice the amount budgeted for the following reasons: • FRP lining system will require the removal of the cone. Given that the existing cone is brick, we may have to construct new cones. • Removing and replacing the cones will require road restoration. Given that the base has failed around the manholes, sub -grade and base work may have to be restored. • Extensive maintenance of traffic (MOT) will be required for this process, which may escalate the estimated cost. Therefore, for all the reasons stated above, Engineering and Operations staff evaluated an epoxy coating system as an alternative to the installation of the FRP liner system. ANALYSIS: Staff requested that Carollo Engineers Inc., who has had experience with this coating system at various locations in Florida, prepare a proposal for Professional Services to assist the County in preparing the technical specifications for the subject application and limited quality control/training of Operations staff. The work order will be provided in accordance with the Extension and Amendment of the Continuing Services Contract Agreement for Professional Services with Carollo Engineers, Inc., dated November 4, 2014. The scope is more specifically described in the attached Work Order No. 1. The total negotiated cost for the engineering and application services to restore the brick manholes is a lump sum amount of $47,200.00, separated into three (3) tasks. 29 FUNDING: Funding for the Manhole Rehabilitation at Ixora Park Subdivision project is available in the Account within the Utilities Operating Fund. Operating funds are derived from water and sewer sales. Description Account Number Amount Manhole Rehabilitation-lxora Park 47123536-044699-16523 $47,200.00 RECOMMENDATION: Staff recommends approval of the attached Work Order No. I authorizing the above-mentioned professional, services and requests the Board to authorize the Chairman to execute the attached Work Order No.1 on their behalf for a lump sum amount of $47,200.00 to Carollo Engineers, Inc. ATTACHMENT(s): Work Order No. 1 and supporting documents (2 Pages) By: Jason[E. Brpwn, County Administrator For: July 1 Date Indian River Co. App Date Administration Legal Budget Utilities Utilities -Finance F:\Utilities\UTILITY - Engineering\WASTEWATER\Lift Stations-Manholes\Admin\Agenda - Carollo WO No.l.clocx 30 EXHIBIT A W. O. NO. 1 BRICK MANHOLE REHABILITATION PROJECT PURPOSE The purpose of this Task Order is to describe the Scope of Services for the Brick Manhole Rehabilitation Project. The overall goal of the project is successfully rehabilitate brick manholes using a structural epoxy coating system as an alternative to installation of a FRP liner system. An FRP liner system requires that the cone section be removed and replaced causing significant public disruption and added expense to the OWNER. The OWNER has selected six (6) of their worst brick manholes for this project located within the ixora Park Subdivision. This task order includes the development of performance specifications, application services/inspection/quality control testing of the rehabilitated manholes, and a brief summary technical memorandum. ENGINEER'S SERVICES ENGINEER's services include the following three tasks to complete this assignment. These tasks are discussed in detail below. Task 1 - Performance Specification Development Task 2 - Application Services/Inspection/duality Control Testing Task 3 - Technical Memorandum TASK 1. PERFORMANCE SPECIFICATION DEVELOPMENT ENGINEER will develop a performance specification to cover the brick manhole rehabilitation utilizing a structural epoxy coating system. Deliverables by ENGINEER for OWNER review and input: Performance specification TASK 2. APPLICATION SERVICES/INSPECTION/QUALITY CONTROL Subtask 2.1. Application Services ENGINEER has selected the application of the structural epoxy coating system based on prior successful experience rehabilitating brick manholes. ENGINEER will coordinate the application services to perform the rehabilitation of the six (6) brick 48 -inch diameter manholes. The manhole locations and depth are listed below: 2534 2nd Street 10'-5" Lift Station 100 12' 2464 1 st Place 91 2184 1st Place 71 HAClienAIndian River County\ContracAIRC 2016-TO2—.doc 31 2413 2nd Street SW 8' 2413 2nd Pl. SW 6' Owner will be responsible for any permits and debris removal that may be required, No permits are anticipated, since all work will be performed through the open manhole lid. Subtask 2.2. Inspection ENGINEER will perform limited on-site field inspection and train County inspectors on the steps involved with the successful rehabilitation of brick manholes. Assume three days. Subtask 2.3. Quality Control ENGINEER will observe two quality control tests during subtask 2.2. The first is a spark testing of the finished surface of each manhole to ensure that no pinholes exist. The second is adhesion tests of two of the six manholes to ensure that the minimum adhesion test requirement has been achieved. The test will be extended to failure to access the maximum adhesion that was achieved. Costs associated with this task are included in subtask 2.2. TASK 3. TECHNICAL MEMORANDUM Subtask 3.1. Draft Technical Memorandum At the completion of the manhole rehabilitation (Tasks 1 and 2), ENGINEER will produce a brief draft technical memorandum (TM) summarizing the results of the project and distribute the TIVI to OWNER for review and approval. Subtask 3.3. Final Technical Memorandum The ENGINEER will revise the draft TM as appropriate based on the OWNER's comments received, and submit a Final TM. Task 3 Deliverables: Draft brief TM (PDF) Final TM (PDF) TIME OF PERFORMANCE Completion of the services outlined above will be provided over the course of three months after notice to proceed. PAYMENT OWNER shall pay ENGINEER for ENGINEER's Services, as delineated above, rendered under a lump sum fee of $47,200 (Task 1- $3,125, Task 2.1- $32,175, Task 2.2- $9,260, Task 3- $2,640). HAClienAindian River CountyContracAIRC 2016-TO2—.doc 2 32 IN WITNESS WHEREOF, duly authorized representatives of the OWNER and of the ENGINEER have executed this Work Order No. 1 evidencing its issuance by OWNER and acceptance by ENGINEER. CAROLLO ENGINEERS, INC. In Robert S. Cushing, PhD, PE, DEE By: Nl�� Michael A. Fleury. P.E.,f EE HAClientindian River County\ContracAIRC 2016-WO1—.doc BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Accepted this 12th day of July, 2016 0 Bob Solari Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller -0 Deputy Clerk Jas6n E ministrator s to form Approves and legal ufficiency: Dylaeingold, County Attorney P, 3 W INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: June 22, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Service Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Q+� 2F Subject: West Wabasso Phase 11 Sewer and the East Gifford Drainage Project-CDBG Grant: Resolution for Signature Authorization DESCRIPTIONS AND CONDITIONS: On December 1, 2015, the Indian River County Board of County Commissioners (BCC) approved the Federally - Funded Sub -Grant Agreement — FFY 2014 Funding Cycle for Contract Number 16DB-OK-10-40-01-N 05 for the West Wabasso Phase II Sewer and the East Gifford Drainage Project. As part of the grant application, BCC approved Resolution 2015-071 on June 2, 2015 authorizing the Director of Utility Services to sign necessary CDBG-related certifications in the absence of the Chairman. Since the Sub -Grant execution by the Department of Economic Opportunity (DEO) on January 7, 2016, some minor changes are in need. These changes require the Chairman's signature, which means BCC approval. ANALYSIS.: In the essence of time, efficiency and simplicity, staff recommends adopting a new resolution whereby signature authority is granted to the Director for such items as the environmental review record, request for release of funds, revisions to award certifications and required reports, amendments that do not change activities, score or beneficiaries. FUNDING: No funds will be encumbered for the subject task. RECOMMENDATION: Staff requests the Board recommend the adoption of Resolution No. 2016-. ATTACHMENT(s): By For: 1. -Resolution No. 2016 - Jason q. Brown, County Administrator Date Indian River Co. Appr Date Administration Legal Budget Utilities & 1� Utilities -Finance -'1 F:\Utilities\UTILITY - Engineering\Projects - Utility Construction Permits\IRC - west Wabasso Community Sewer System Phase 2 - UCP# 34 4117\Admin\BCC Items\Signature Authorization 6-23-16.docx RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY DECLARING THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM TO BE A WORKABLE PROGRAM FOR PROVIDING IMPROVEMENTS FOR LOW -TO -MODERATE INCOME HOUSEHOLDS; AUTHORIZING THE CHAIRMAIN OR UTILITIES DIRECTOR TO SIGN NECESSARY DOCUMENTS FOR THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY INDIAN RIVER COUNTY CDBG GRANT AGREEMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Indian River County is experiencing a need for physical improvements to benefit low -to -moderate income households; and WHEREAS, the Community Development Block Grant program is a program that can be utilized to provide needed physical improvements to benefit low -to -moderate income households; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: Section .1. The above "WHEREAS" clauses are true and correct, and are hereby adopted as findings of the Board of County Commissioners of Indian River County (the "Board"). Section 2. The Community Development Block Grant (the "CDBG") program is declared to be a workable program for providing needed physical improvements to benefit low -to - moderate income households indicated in the proposed Fiscal Funding Year (FFY) 2014 CDBG application. Section 3. Indian River County has entered into an agreement with the Florida Department of Economic Opportunity for a Federally Funded Community Development Block Grant. Section 4. The Board directs the Chairman or the Utilities Director to sign all necessary certifications required by the CDBG agreement and submit any additional information in a timely manner as may be required by the FDEO award agreement or other State or Federal request related to the CDBG award. This shall include, but not be limited to, the environmental review record, request for release of funds, amendments that do- not change activities, score or beneficiaries, revisions to award certifications and required reports. F.Wllfift.:(.Tllln -Fngi—Tnva- 111,�t 2-V01 Page I of 2 Wi RESOLUTION NO. 2016 - Section 5. That this Resolution shall take effect immediately upon its passage. The foregoing resolution was moved for adoption by Commissioner , and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of June, 2016. ATTEST: Jeffrey R. Smith, Clerk of Court BOARD OF COUNTY COMMISSIONERS OF and Comptroller INDIAN RIVER COUNTY, FLORIDA an Deputy Clerk Bob Solari, Chairman BCC approval date: July . 2016 Approved as to form and le 1 sufficiency: By: Dylafffeingold, County Attorney F,ItitilihesWTiijn,-Engine ngV'mJmts-b}Nin-C-1r..tinnP--WRC-IlestOOh—Cnrnmunity•4urrSvrrvmPhnm?-UCPYd117WAnmICORGStg.01u"Resnlntinn-?016.d- Page 2 of Kjl� CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 30, 2016 THROUGH: Jason E. Brown, County Administrator Ini Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Managl9e SUBJECT: Approval of Award for Bid 2016031— South County WTP Well Number 7, Well, Wellhead and Appurtenances and Floridan Aquifer Wells Rehab Project BACKGROUND: The Department of Utility Services requested the solicitation of sealed bids for the construction of a new 16 -inch diameter Upper Floridan Aquifer production well, including all appurtenances, as well as the rehabilitation of production wells 3, 4, 5 and 6. Water produced by the wells is transported by mains to the South County RO WTP. BID RESULTS: Bid Opening Date: June 10, 2016 Advertising Date: April 27, 2016 Demandstar Broadcast to: 464 Subscribers Specifications/Plans Downloaded by: 46 Vendors Replies: 5 Vendors : Bidder, -, . � , "i G Lp �' 4 , (d', , - - Total -Bid. All Webbs Enterprises, Inc. Jupiter $1,477,360.00 Florida Design Drilling West Palm Beach DQ* Layne Christensen Company Pensacola $2,798,966.00 Rowe Drilling Company, Inc. Tallahassee $1,751,075.00 Southeast Drilling Services, Inc. Hypoluxo $1,886,600.00 *Florida Design Drilling submitted an unexecuted bid form and was disqualified. ANALYSIS: The Department of Utility Services and its consulting engineer, Kimley-Horn and Associates (KHA) have reviewed the bids received and the department has made its recommendation of award to the lowest, responsive and responsible bidder, All Webbs Enterprises, Inc. for the total contract amount of $1,477.360.00. The low bid is below the engineer's opinion of probable cost of $1,698,000.00. 37 CONSENT AGENDA SOURCE OF FUNDS: Funding in the amount of $1,477,360.00 are available in the capital account (471-169000-14506) within the operating fund. The operating fund is derived from water and sewer sales. RECOMMENDATION: Staff recommends the Board award Bid 2016031 to All Webbs Enterprises, Inc. Staff further recommends the Board approve the attached agreement and authorize the Chairman to execute it upon: review and approval by the County Attorney as to form and legal sufficiency, the approval of the required Public Construction Bond by the County Attorney, and the review and approval of the required insurance by Risk Management. Attachment: Agreement APPROVED A77 _ f BY: Jason . E. Bown) County AN"inistrator FOR: July 12, 2016 W Agreement Bid No. 2016031 South County Water Treatment Plant Well No. 7, Well, Wellhead and Appurtenances and South and South Oslo Road Water Treatment Plant Floridan Aquifer Wells Rehabilitation Project THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) All Webbs Enterprises, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents as set forth in Article 8 of this Contract. The Work is generally described as follows: Contractor as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material and equipment to perform the work as specified or indicated in the Contract Documents and per FDEP, the Indian River County Department of Utility Services and County Engineering Department standards. The work is generally described as follows: The proposed work generally consists of furnishing all labor, materials, tools and equipment to construct a 16 -inch diameter Upper Floridan Aquifer production well to a depth of approximately 700 feet below land surface, including pump assembly, electrical panel, telemetry equipment, discharge piping (including valves, flowmeter and fittings), pedestal, housekeeping pad, and pipe supports. All work will include maintaining traffic control, complete restoration and all other appurtenant and miscellaneous related items and work for a completed project. It is the intent of the Indian River County Department of Utility Services to obtain complete and working installations under this contract and any items of labor, equipment, and materials that may reasonably be assumed as necessary to accomplish this end shall be supplied whether or not they are specifically stated herein. All work as shown on the construction plans will be done in accordance with the Indian River County Department of Utility Services Water & Wastewater Utility Standards, (December 2015) or latest edition, unless specified differently in the individual Work Authorizations or changed by the Engineer or his representative. The work is located in the South County Park directly east of the South County Water Treatment Plant on 20th Avenue, North of Oslo Road. The construction of the utility improvements described above shall also consist of, but not limited to: resetting of existing facilities disturbed during construction; utilities exploration; coordination with any permitting agencies; trenching; clearing and tree removal; dewatering; installation of pipe, structures and all appurtenances; fittings and restrainers; soil backfill compaction; testing; (including backfill and subgrade testing); road, landscape and driveway restoration; re -grading and grassing (sod); mobilization, demobilization and traffic control. No excavation shall be left open when work is not actively being performed. Construction fencing used in the work area shall not block sight distance near intersections or driveways. All construction equipment and materials shall be stored in a manner that does not disrupt park operations. Section 00530-1 39 The Contractor is responsible for obtaining a St. Johns River Water Management District Well Construction Permit and filing the corresponding well completion report. The County has obtained the necessary Consumptive Use Permit and Florida Department of Environmental Protection Potable Water System Component Permit. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be generally described as follows: Project Name: South County Water Treatment Plant Well No. 7, Well, Wellhead and Appurtenances and South Oslo Road Water Treatment Plant Floridan Aquifer Wells Rehabilitation Project Bid Number: 2016031 Project Address: South County Park, 201' Avenue and Oslo Road. ARTICLE 3 — TERM AND CONTRACT TIMES 3.01 The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 120 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized in the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Mobilize all labor, equipment, and materials. 6. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. 9. Construct and equip well, complete concrete work, and install electrical and telemetry components. 10. Complete all geophysical logging and pump testing. (b) Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. (c) From 120 calendar days to 150 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. 3.02 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.03 Liquidated Damages Section 00530-2 40 CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.01 above, plus any extensions thereof allowed in writing as a change order to this Agreement. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $450.00 for each calendar day that expires after the time specified in paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.6, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $1,477,360.00 Written Amount: one million four hundred seventy-seven thousand three hundred sixty dollars and zero cents. ARTICLE 5 - COMPENSATION CONTRACTOR shall submit Applications for Payment on a monthly basis. Applications for Payment will be processed by ENGINEER as provided in the Contract Documents. 5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 ET. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8) (b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.2 Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work Section 00530-3 41 measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8) (c) (2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.3 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the Agreement. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.01 The CONTRACTOR shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the COUNTY's Risk Manager. 6.02 CONTRACTOR shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the CONTRACTOR's fee: A. Workers' Compensation: To meet statutory limits in compliance with the Workers' Compensation Law of Florida. This policy must include employers' liability with a limit $1,000,000 for each accident, $500,000 disease policy limit and $100,000 disease each employee. Such policy shall include a waiver of subrogation as against Owner on account of injury sustained by an employee(s) of the CONTRACTOR. B. General Liability: A per occurrence form policy, including Premise Operations, Independent Contractors, Products and Completed Operations including X, C, U (Explosion, Collapse, Underground) Broad Form Property Damage, Broad Form Property Damage Endorsement, with a combined single limit of not less than $1,000,000 general aggregate to include products/completed operations, personal injury/advertising liability, fire damage /legal liability, and medical payments. Limits can be layered with an Excess Liability Policy (Umbrella). C. Business Automobile Liability: Coverage shall include Owned vehicles and Hired/Non- Owned vehicles, for a combined single limit (bodily injury and property damage) of not less than $1,000,000/combined single limit (Bodily Injury/Property Damage); personal injury protection -- statutory limits; $300,000 uninsured/underinsured motorist; Section 00530-4 42 $300,000/hired/non-owned auto liability. Limits can be layered with Excess Liability Policy (Umbrella). 6.03 Contractor's insurance coverage shall be primary. 6.04 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A -VII or better. 6.05 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 6.06 A certificate of insurance shall be provided to the COUNTY's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 6.07 The insurance companies selected shall send written verification to the COUNTY's Risk Manager that they will provide 30 days prior written notice to the COUNTY's Risk Manager of its intent to cancel or modify any required policies of insurance. 6.08 CONTRACTOR shall include all Subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein. 6.09 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and to reasonably adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the CONTRACTOR with separate written notice of such adjusted limits and CONTRACTOR shall comply within thirty (3 0) days of receipt thereof. The failure by CONTRACTOR to provide such additional coverage shall constitute a default by CONTRACTOR and shall be grounds for termination of this Agreement by the COUNTY. 6.10 The CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, arising out of or related to the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, Section 00530-5 43 and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 The Contract Documents consist of the following: A. This Agreement B. Certificate of Liability Insurance, C. Invitation to Bid 2016031 D. Addenda (numbers 1 to 2 , inclusive); E. CONTRACTOR'S Bid Form G. 00431 Schedule of Subcontractors H. 00452 Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure ofRelationships 1. 00454 Sworn Statement Under the Florida Trench Safety Act Section 00530-6 44 J. 00456 General Information Required of Bidders K. Specifications bearing the title "Part A - South County Water Treatment Plant Well No. 7 Well, Wellhead and Appurtenances" L. Specifications bearing the title "Part B — South Oslo Road Water Treatment Plant Floridan Aquifer Wells Rehabilitation Prooect Technical Specifications" M. Drawings (1-15), inclusive with each sheet bearing the following general title "Well No. 7 at South County Water Treatment Plant Well, Wellhead and Appurtenances" dated March 2016 N. Exhibit E-1 bearing the title "Site Plan and Formation Water Temporary Piping Plan" O. Public Construction Bond P. Notice to Proceed ARTICLE 9 - MISCELLANEOUS 9.01 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONTRACTOR or employees or Subcontractors of the Contractor are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 9.02 Invitation to Bid. It is specifically understood and acknowledged by the parties hereto that all of the requirements set forth in the Invitation to Bid dated April 2016 (including addenda 1 and 2) shall be incorporated herein. 9.03 Merger; Modification. This Agreement, incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the ' Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONTRACTOR and the OWNER. 9.04 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.05 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waiver of any other delinquency or default. Section 00530-7 45 If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 9.06 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 9.07 Availability of Funds. The obligations of the OWNER under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 9.08 No Pledge of Credit. The CONTRACTOR shall not pledge the OWNER's creditor make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness 9.09 Public Records. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the County to perform the service. B. Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. D. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 Section 00530-8 46 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 F. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 9.10 Notices. Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Indian River County Attn: Arjuna Weragoda, P.E. 1801 27th Street Vero Beach, FL 32960 Contractor: All Webbs Enterprises, Inc. David Webb, Jr. 309 Commerce Way Jupiter, FL 33458 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 9.11 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by CONTRACTOR shall survive the termination or expiration of this Agreement. 9.12 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 9.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 9.14 Sovereign Immunity. Nothing in this Agreement is intended to, or shall be interpreted to, constitute a waiver or limitation of the OWNER's sovereign immunity.IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been Section 00530-9 47 delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on July 12, 20 16 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: By: By: INDIAN RIVER COUNTY Bob Solari, Chairman Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: - Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Clerk of Court and Comptroller (SEAL) Designated Representative: Name: Title: Contact Info: By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Section 00530-10 48 4 Consent Agenda - R C.C. 7.12.16 Office o- f INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Kate Pingolt Cotner, Assistant County Atto bw— DATE: July 5, 2016 ATTORNEY SUBJECT: Authorization for Out -of -County Travel to Attend the 30th Annual Environmental Permitting Summer School BACKGROUND: Authorization is requested for out -of -county travel for County Commissioners, the Assistant County Attorney, and County staff to attend the 301h Annual Environmental Permitting Summer School from July 20th -22nd in Orlando, Florida. This seminar will provide useful information on the implementation of the State of Florida's new water policy which was signed into law by Governor Scott on January 21, 2016 (SB 552). The new water policy calls for (a) a comprehensive plan to restore the State of Florida's springs, (b) the protection of the Florida's Everglades, (c) an increase in information and access to public lands, and (d) the creation of a transparent process to address water quality and quantity projects. Over the next year, the Florida Department of Environmental Protection, and its respective water management districts, will be creating rules and regulations to implement the new water policy. It is important for Indian River County to be engaged in this process to promote its water quality issues and projects. FUNDING: The registration cost for the environmental permitting conference is $575.00, and the hotel for July 20, 2016, and July 21, 2016, is estimated to cost $165.00 per night. RECOMMENDATION: The Board authorize County Commissioners, the Assistant County Attorney and County Staff to attend the 301h Annual Environmental Permitting Summer School. ATTACHMENT(S). A copy of the 30th Annual Environmental Permitting Summer School brochure and topic descriptions is attached. Approved for July 12, 2016 BCC Meeting Consent Agenda COUNTY ATTORNEY Indian River Co. Appri v Date Admin. Y Co. Atty. Budget 4 `� Department Risk Management --- --- 49 7/6/2016 91 Attendee Overview & Registration—Florida Environmental Network Orlando, Florsda h;;" .. , 1701 - ABOUT FNGAGE PROGRAMS .ATTEND Info & Resources Sponsor & rxhibii Sessions & Speakers Regrstrofion & Trm,-el Attendee Overview & Registration Register as an Attendee Welcome to the Florida Chamber's 30th Annual Environmental Permitting Summer School This conference is produced by Florida Environmental Network, Inc., under licensing agreement with the Florida Chamber Foundation. The Environmental Permitting Summer School begins on Wednesday, July 20 and concludes on Friday, July 22. Choose a personalized curriculum by selecting 10 out of 74 offered courses. Take advantage of the Chamber's unique "break-out' format, which provides for small class sizes and the opportunity to interact with other attendees and instructors. Earn continuing education credits and enjoy numerous opportunities to network in a relaxed social setting with the leadership of Florida's environmental community. In addition, you may register for the one of our Early Bird Discussion Sessions. Location Marriott World Center Resort, Orlando, Florida Hotel Reservations Hotel Reservations can be made by clicking here or calling the Marriott World Center at 888-789- 3090. Be sure to identify yourself as a Florida Chamber Summer School participant to take advantage of the special group rate of $165. Course Materials The course materials provided for this conference cover all breakout sessions. The course materials are included in your registration fee and will be posted on an FTP site following the conference. Access information will be forwarded to all attendees following the conference. Registration Fees Environmental Permitting Summer School begins on Wednesday, July 20 at 8:00 a.m. and concludes on Friday, July 22 at 12:10 p.m. The fee for members of the Florida Chamber is $545 and for non- members $575. Registration fee includes course materials from all sessions accessible from an FTP site, continental breakfasts, refreshment breaks, one lunch, reception, other social functions and a Summer School t -shirt. There are three Early Bird Discussion Sessions being offered on Tuesday, July httplffioridaenet.com/registrabon-aftendees/ days hrs min Get Weekly News via Email Email address: j Your email address ------ - — ____ -_ —__._ ..-- -.._.. -_ 50 1/4 7/6/2016 Attendee Overview & Registration -Florida Environmental Network 19 from 1:00 - 5:00 p.m. Early Birds cannot be taken as a stand alone course. Summer School attendees can attend one of the early bird discussion sessions for an additional fee of $75. REFUND POLICY 90% refund if notified prior to June 22 50% refund if notified between June 23 -June 29 No refund if notified afterJune 29 SUBSTITUTIONS WELCOMED Continuing Education FLORIDA BAR - Summer School participants will have the opportunity to earn Continuing Legal Education credits through the Florida Bar's Designation Plan. The summer school has applied for 21 hours of general credit. Course and provider numbers will be provided at the conference. ENGINEERS - Approved provider (0003339) of continuing education credits for registered engineers through the Florida Board of Professional Engineers. Engineers can receive 13 PDHs by attending the Summer School program. Applicable forms will be available at the conference for those wishing to apply for credit. FLORIDA BOARD OF ARCHITECTURE - Individuals may apply for architect credit through DPBR by submitting a copy of this brochure, individual class schedule, certificate of attendance, and $25 fee to DPBR, Board of Architecture and Interior Design, 1940 N. Monroe Street, Northwood Center, Tallahassee, FL 32399.0751. LICENSED ENVIRONMENTAL PROFESSIONALS - This course has qualified for continuing education (CE) credits through the International Society of Technical and Environmental Professionals, Inc. (INSTEP). Credits apply to those currently registered by this association. Participants will receive 1 CE credit for every actual hour of instruction. LEP's may enter their credits on the LEP Center Section of the INSTEP website. Schedule of Events Day 1: Tuesday 1— 11:00am 777 1 : 0 0 a m 7-1 -:OUpm -71 1:00prn - 5:00psn Day 2: Wednesday JULY 19, 2016 EARLY BIRD ON-SITE REGISTRATION SUMMER SCHOOL EARLY REGISTRATION CONCURRENT "EARLY BIRD" DISCUSSION SESSIONS (additional fee required) Early Bird "A" - Facing Florida's Water Challenges Early Bird "B" - Extreme Environmental People Skills Early Bird "C" - Board Laws and Rules for Engineers Early Bird "D" - Exclusive Tour of Disney's Reedy Creek Improvement District JULY 20, 2016 51 http://tioridaenet.com/registrabon-attendees/ 214 7/6/2016 Attendee Overview & Registration -Florida Environmental Network 7:00am — 5A51im SUMMER SCHOOL ON-SITE REGISTRATION & CHECK IN jOOarn — 8:OOam CONTINENTAL BREAKFAST Exhibit Hall ; uozinl -- 330am OPENING SESSION -WELCOME REMARKS Moderator: Herschel Vinyard, Foley & Lardner 8:3OaIn --10.10111 FIRST SERIES OF COURSES 10 'i Dam - 10:3,0an i I REFRESHMENT BREAK Exhibit Hall 10:30an: — 12 10rm SECOND SERIES OF COURSES 12:10pm -- 1:301)n1 LUNCHEON - Roundtable Discussion "Moving Forward Under DEP's Current Leadership Team" Keynote Speakers: Secretary/on Steverson, Chief of Staff Lennie Zeiler, Deputy Secretaries Paula Cobb, Drew Bartlett and Gary Clark and General Counsel Craig Varn, Florida Department of Environmental Protection 1:30pm -- 3:10pn, THIRD SERIES OF COURSES 3:10pm -- 3:30pm REFRESHMENT BREAK Exhibit Hall 3:30pn1-- 5:10pn)- FOURTH SERIES OF COURSES 5:301:,11 — (S7, 1 OPENING RECEPTION Exhibit Hall Day,3: Thursday JULY 21, 2016 7:30arn -- S:30am CONTINENTAL BREAKFAST Exhibit Hall I 8:30am -- 10:17am 1 FIFTH SERIES OF COURSES 1 ]52 http:/Moridaenet.com/registration-attendees/ 3/4 7/6/2016 Attendee Overview & Registration — Florida Environmental Network s0`.1 O 1 zi --- 10:30atn REFRESHMENT BREAK Exhibit Hall 10: 30am --- 12.70rm SIXTH SERIES OF COURSES LUNCHEONAND DOOR PRIZE DRAWINGS BY SPONSORS AND EXHIBITORS 1:301an; —3 i 0prr. SEVENTH SERIES OF COURSES 7:30arm 773 -577 CONTINENTAL BREAKFAST 8:30a in — 10.107in REFRESHMENT BREAK 3:10pm — 3:30pin 3:30pnt — 5:10pm EIGHTH SERIES OF COURSES Day 4: Friday http://floridaenet.com/registration-attendees/ Exhibit Hall JULY 22, 2016 Exhibit Hall Exhibit Hall 53 4/4 7:30arm 773 -577 CONTINENTAL BREAKFAST 8:30a in — 10.107in NINTH SERIES OF COURSES 10:1 Liam -- i U:?itam REFRESHMENT BREAK 10:3Ciar t = 12: i 0p;n TENTH SERIES OF COURSES http://floridaenet.com/registration-attendees/ Exhibit Hall JULY 22, 2016 Exhibit Hall Exhibit Hall 53 4/4 7/6/2016 ic ABOUT info & Resources Who Should Attend? — Florida Environmental Network Orlando, Plor'ida LNGAGE PROGRAMS ATTEND Sponsor & Exhihit Sessions & Speukers kegish otion & Truvel Who Should Attend? The Environmental Permitting Summer School has been held for the past 28 consecutive years and is attended by more than 850 attorneys, consultants, engineers, state and local government officials, developers, landowners and others with a strong interest in environmental issues in Florida. Our programs feature a unique "break-out' format and are substantially revised and updated each year to afford the most advanced and current instruction available on Florida's environmental, energy and growth management laws, rules and programs. Attorneys Architects Landscape Architects Surveyors and Mappers Environmental Managers Elected Officials Property Appraisers Property Assessors Local Government Environmental Consultants Local Chambers Water Management Districts Builders and Contractors Business and Industry Engineers Planners Realtors Landowners Developers Citizen Groups Agribusiness Tax Assessors Economic Development Councils days hrs min Get Weekly News via Email Email address: Your email address Sign uh 54 http:/Moridaenet.com/who-should-attend/ 1/1 7/6/2016 Topic Descriptions — Florida Environmental Network Orlando, Florida I: 0v 1S - 7. 20 h ABOU1 ENGAGE PROGRAMS ATTEND 00 & Resources Sponsor& cxhihil Session: & Speakers Reg,slrotion & Trovel Topic Descriptions 2016 Curriculum EARLY BIRD SESSIONS EARLY BIRD "A": FACING FLORIDA'S WATER CHALLENGES Florida's revitalized business environment, vibrant agricultural base, and world class tourism industry continues to attract growth. State experts predict that Florida's population may increase by 25% or more over the next twenty years. Although the State has significant water resources, traditional groundwater supplies in some regions of the State are not sufficient to meet all water use sectors' projected demands. In 2016, the Florida Legislature again endeavored to take steps to further ensure that water supply and water quality protection infrastructure will be in place to meet the growing demands of all economic sectors. The Legislature also continued to evaluate the State's implementation of science -based regulatory programs for protecting and restoring water quality and water flow in state springs, the Northern Everglades, and other state waters of significant concern. This panel of public sector, private sector, and environmental advocacy representatives will address the Florida Legislature's current approach to investing the revenue provided through Florida's Water and Land Legacy Constitutional Amendment and also analyze the key water legislation that passed, the bills that didn't, and what it all means for Florida's economy and environment. Instructors: Herschel Vinyard (Moderator), David Childs, Ryan Matthews, Pete Antonucci (invited), Adam Basford, Eric Draper, Temperince Morgan, Stephen James, Rep. Katie Edwards, Chuck Drake EARLY BIRD "B": EXTREME ENVIRONMENTAL PEOPLE SKILLS One of the most popular sessions we offer has been redesigned into an "Early Bird" session in order to provide for an even more enjoyable and instructional experience! The ultimate panel discussion for the environmental professional who desires to take on and resolve complex and controversial environmental disputes. The panel will focus on the importance of interpersonal skills, communication skills, the ability to resolve conflict and defuse contentious situations, effectively bringing together stakeholders to create complete solutions, how to persuade people, and what to do when ifs "in the lawyers' hands"! This course is presented by a panel of experts from diverse disciplines, all experienced in designing and implementing processes for achieving "win-win" solutions for their students, clients and the public. Participants will be presented with real life case studies of successful problem solving techniques used in controversial environmental resource disputes, foolproof tools and processes for developing and organizing successful presentations and stakeholder meetings, and the secrets for good leadership, teamwork and consensus building. Instructors: Kevin Hennessy (Moderator), Nandra Weeks, Jonathan Dain, Jessica Ireland, Dan DeLisi, Alan Krischer EARLY BIRD "C": BOARD LAWS AND RULES FOR ENGINEERS This Florida Laws, Rules and Ethics course is designed to be presented in a 2 -hour interactive small group setting that helps to keep the practicing engineer up to date on the legal documents that govern the practice of engineering in the state of Florida. The topics that will be covered in this course will include the changes in the preceding biennium to Rule 61 G15, Florida Administrative Code, as well as the changes in Chapters 455 and 471 of the Florida Statutes. In addition, some of the most recent individual disciplinary and unlicensed practice cases will be discussed in depth. The course will include information as follows: httpl/floridaenet.com/tolYic-descripbons/ days hrs min Get Weekly News via Email Email address: i Your email address Signup 55 1/16 7/6/2016 Topic Descriptions — Florida Environmental Network • Chapter 455 of the Florida Statutes • Chapter 471 of the Florida Statutes • Rule 61G15, Florida Administrative Code • Disciplinary and unlicensed practice cases as conducted by the Florida Engineers Management Corporation (FEMC) Instructors: Michael Harding, George Powell EARLY BIRD "D": EXCLUSIVE TOUR OF DISNEY'S REEDY CREEK IMPROVEMENT DISTRICT Come join us for a VIP experience, provided exclusively for the Florida Chamber's Environmental Permitting Summer School! The tour will begin with a brief history of the origins of the Reedy Creek Improvement District, which was an extremely innovative way that Mr. Walt Disney chose to create what would become the world's largest theme park. Then, you will board a bus for a guided, behind - the -scenes tour of "the busiest place in America" and learn how the District efficiently manages all the needs of its largest tenant: Walt Disney World! Besides four theme parks, two water parks, one sports complex, 40,000 hotel rooms and hundreds of shops and restaurants, the District contains over 167 miles of roads, 67 miles of waterways, a state of the art environmental laboratory, an electric power - generating facility, a water treatment facility and an incredible recycling center! Sign up for the tour quickly, before the limited number of spaces run out! Transportation to and from the Marriott World Center is included. BREAKOUT SESSIONS ** OVERVIEW AND UPDATE ** A. FLORIDA'S ENVIRONMENT, WATER POLICY, THE 2016 LEGISLATURE AND BEYOND Absolutely the most current and reliable information available on what the 2016 Legislature passed (or considered but failed to pass) and why; assessment of Florida's changing political landscape with respect to environmental and water policy issues; comprehensive preview of what's expected with respect to implementation of 2016 legislation with a look ahead to the 2017 session and beyond; course designed for extensive audience participation. Instructors: Larry Sellers (moderator), Terry Lewis, Diana Ferguson, Andrew Ketchel, Chris Emmanuel B. FDEP REGULATORY AND POLICY UPDATE Always a timely and useful course to provide timely updates on the most current information and activities with the Department of Environmental Protection which we feel will be of most interest to our attendees; includes review and analysis of rules and policies recently adopted or under development and related implementation strategies within both Tallahassee and District offices; key/practical tips for all private/public regulated interests; course format designed for extensive audience participation. Instructors: Bill Preston (moderator), John Coates, Joseph Ullo, Justin Green, Drew Bartlett C. WMD PLANNING, REGULATORY, AND POLICY UPDATE Excellent course designed to provide insight into the regulatory, planning, and water supply development programs of Florida's five water management districts; includes discussion of water resource development and water supply planning; adoption and implementation of MFLs; integration of Florida Forever work plans with WMD land acquisition and management programs; ERPs, watershed planning, secondary and cumulative impacts, and other emerging programs and issues; audience participation encouraged. Instructors: Eric Olsen (Moderator), Brenna Durden, Jack Furney, Nicolas Porter, Len Lindahl, Lisa Kelley D. ENVIRONMENTAL PERMITTING AND ENFORCEMENT UPDATE Timely and informative update on permitting and enforcement procedures utilized by environmental agencies; beginner to intermediate course; covers permits and permit renewals; construction and operation permits; time limitations; monitoring; agency enforcement of permit conditions; fines and other penalties; legal and ethical considerations; other emerging trends and issues including legislative review of agency rules and ratification of proposed rules; audience participation encouraged. Instructors: Dennis Stotts (Moderator), Silvia Alderman, Greg Strong, Bob Diemer, Lisa Kelly E. FLORIDA ENERGY POLICY OUTLOOK This course provides an overview and analysis of state and federal legislation, rule changes and litigation having a potential impact on energy policies and programs in Florida. The panel will also discuss specific efforts related to electrical generation, EPA's Clean Power Plan, oil and gas exploration and production, energy efficiency, alternative energy http:/Moridaenet.com/topic-descriptions/ 2/16 56 7/6/2016 Topic Descriptions —Florida Environmental Network development, and the constitutional ballot initiatives related to solar energy. Finally, the panel with discuss recent changes to law and policy related to natural gas utilization, transportation, storage, and how the industry is responding, with an update from the Jacksonville Port Authority on the increasing use of Liquefied Natural Gas (LNG) in the maritime industry. This course is designed for extensive audience participation, and come prepared with your questions for this panel of experts! Instructors: Matt Leopold (Moderator), Justin Green, Timothy Riley, David Stubbs, Mike Markey F. CURRENT TRENDS IN FEDERAL ENVIRONMENTAL REGULATION AND ENFORCEMENT Several priority initiatives at the federal level have resulted in significant changes to policies and regulations across a wide spectrum of environmental laws. This session examines trends in enforcement, permitting requirements and federal environmental policy. One driving issue continues to be climate change which portends sweeping changes to the laws, rules, and agency policies relating to the control and management of greenhouse gas emissions. Another issue involves EPA's attempts to expand regulatory authority over "waters of the US" which the subject of ongoing litigation. These and other federal issues will be discussed by our well informed panel. Come prepared to listen, learn and participate. Instructors: Rafe Petersen (moderator), Julie Kendig-Schrader, Kelly Finch, Deborah Getzoff, Dan Thompson ** EMERGING ISSUES AND ADVANCED DISCUSSION ** G. TAKING LAND AND WATER RESOURCES MANAGEMENT TO THE "NEXT LEVEL" To achieve Florida's long term resource management goals, land managers must use innovation to increase efficiencies and improve productivity in order to ultimately enhance resource value. This timely and informative course was requested by DEP to provide for an advanced discussion of how new data and tools are being applied in order to meet or exceed resource management objectives. Audience participation is encouraged. Instructors: Gary Clark (Moderator), Wes Howell, Guy Gowens, Greg Knecht John McGuire H. IMPLEMENTING THE FLORIDA LAND AND WATER CONSERVATION AMENDMENT Amendment 1 to the Florida Constitution was approved by 75% of those who voted on the measure in November, 2014. This very significant amendment provided for 1/3 of the excise tax on documents will continue to Flow to the Land Acquisition Trust Fund for a 20 -year period, presumably to be used for a variety of existing and proposed water and land protection, and restoration programs. Our panelists will discuss how the Florida Legislature has decided to further implement the amendment in its third year of existence. Implementation of the amendment has certainly not been without litigation and controversy and this should be an interesting discussion to say the least! Come prepared to listen, learn and participate in this timely and important panel discussion. Instructors: Cori Roth (Moderator), Eric Draper, Greg Munson, Gary Clark, Drew Bartlett Noah Valenstein I. &J. LAKE OKEECHOBEE AND THE ESTUARIES: A WATER MANAGEMENT BALANCING ACT The 2016 Legislature just passed a significant update to the Northern Everglades and Estuaries Protection Program (NEEPP), including incorporation of newly adopted Basin Management Action Plans (BMAPs) and setting new restoration milestones. This 2 -part course of advanced discussion will focus on the latest issues facing the management of Lake Okeechobee and the estuaries and their effect on water supply, water resources, and environmental restoration throughout South Florida. The panel represents a diverse cross section of government (federal, state, and local), private landowners, tribal entities, and environmental and agricultural interests. Part I - Lake and estuary management - The panel will discuss how Lake management decisions affect their differing interests and obligations and the varying issues that must be balanced to make effective decisions. Part II - Latest developments and near term predictions - They will focus on the very latest developments affecting the Lake and estuaries, including the applicable provisions of the 2016 Water Policy Bill, status of the Lake Okeechobee Regulation Schedule, schedule for the Herbert Hoover Dike Rehabilitation, endangered species, and status of the Comprehensive Everglades Restoration Plan projects and what can be expected over the coming year. Instructors: Luna Phillips (Moderator), COLJason Kirk, Len Lindohl, Drew Bartlett, Deb Drum, Ernie Barnett Steve Dwinell, Eric Draper, Michelle Diffenderfer K. NEW EPA REGULATION TO REDEFINE "WATERS OF THE US" Come get the latest information from this panel of experts on the EPA's new regulation to redefine "waters of the US". It is now a subject of court action, and this timely and important, course will review what the rule could mean for hftp:/Moridaenet.com/topic-descriptons/ 3/16 57 7/6/2016 Topic Descriptions — Florida Environmental Network Florida's regulatory process should the rule be implemented in its current form. According to the rule, most if not all water conveyances that have a "bed, bank, high water mark, and a connection to waters of the US would become regulated by the federal government. Once deemed jurisdictional, proposed projects could trigger a number of regulatory requirements which this very timely session will examine. Audience participation is encouraged. Instructors: Greg Munson, Larry Liebesman, Phil Moncusi-Ungaro, Jeff Clark L. PERMITS UNDER ATTACK: DEFENDING YOUR PERMIT FROM ALL CHALLENGERS Permits, approvals, and other agency authorizations are critical to your company's business. But challenges in courts of law and public opinion are becoming increasingly common. These attacks threaten to delay, derail, or undo your permitting effort. This course, again updated for 2016, is designed to help you navigate the steps you can and should take both to plan for and to defend your permit from such challenges. It will include practical advice on how to successfully survive a permit challenge, including identifying key vulnerabilities, building a defensible record, and other early steps to help ensure the long-term success of your efforts. It will also cover defense of your permit in administrative and judicial proceedings, as well as other settings. Audience participation is encouraged. Instructors: David Weinstein, Larry Curtin, Doug Hall M. PERMITTING & MITIGATION CHALLENGES FOR TRANSPORTATION CORRIDORS, PORTS & INTERMODAL LOGISTIC CENTERS Between the prospect of the completion of the Panama Canal and the expansion of ports to accommodate larger container ship and the expansion of the cruise industry with the construction of larger and larger ships, Florida's ports are needing to expand and update facilities. Transportation corridors to and from the ports are constantly in need of updating and expansion to meet the cargo and passenger traffic. Many of Florida's ports are reaching capacity at the ports and needing offsite intermodal alternatives for cargo and parking to meet these expansions. The ideas behind the strict concept of federal mitigation rules are potentially changing. This panel will discuss the challenges and emerging concepts in wetland and stormwater analysis and mitigation. Come prepared to listen, learn and participate! Instructors: Don Deis (Moderator), Carl Spiria, Debbie Wegmann, Jeff Prather, Rachel Vandenberg N. COMPREHENSIVE WATERSHED EVALUATION, PLANNING AND MANAGEMENT In-depth examination of continued agency emphasis on watershed management as a means of comprehensively integrating a variety of planning and regulatory programs currently implemented by DEP and water management districts; these include TMDLs, stormwater construction, NPDES, PLRGs, and both structural and non-structural floodplain planning and management; practical considerations; organizing stakeholders; discussion of need for statutory changes as well as changes to current agency practices. Audience participation encouraged. Instructors: Steve Lienhart Ann Redmond, Mark Ellard, Tom Frick, Lee Mullon O. EMERGING ISSUES IN ENVIRONMENTAL DUE DILIGENCE Very informative discussion of emerging trends and issues that impact the environmental due diligence process including changing arsenic and VOH standards, issues arising from foreclosures, consumptive use restrictions and other regulatory challenges as may apply; practical considerations in closing land transactions when there are unresolved issues and how to address those issues and much more; audience participation encouraged. Instructors: Cristina Lumpkin (Moderator), Vince Yorina, Kelly Eger -Smith, Kirby Stallings, Susan Martin P. YOU, ME, AND THE AGENCIES: TECHNIQUES FOR SUCCESSFUL NEGOTIATION THROUGH COMPLEX REGULATORY SCENARIOS An interactive discussion for ensuring sure and positive dialogue when communicating with environmental regulatory agencies at the local, state and federal levels. Preparation, organization, as well as an understanding of both the regulation and the processes, can go a long way to facilitating a smoother and certainly more positive outcome. In addition to being technically prepared, knowing the agency representatives, their role in the organization, and their scope of authority can be as critical as having a thorough understanding of the applicability of the various rules and regulations. Here's your chance to receive expert advice from four instructors who've learned these lessons. Instructors: Peter Portlow, Amanda Brock, Anna Long, Doug Halsey Q. PROPERTY RIGHTS 101 This course provides a basic overview of private property rights in Florida. Specifically, it discusses the basics of takings jurisprudence, the BertJ. Harris, Jr. Private Property Rights Protection Act, and other limits on government action that affect private property. For the private property owner, this course provides an overview of their rights. For the state and local government official, this course provides a roadmap for avoiding property rights litigation. Audience participation is encouraged. Instructors: MoJazil (Moderator), Jake Cremer, Brian Bolves, Chris http://floridaenet.com/topic-descriptons/ 4/16 58 7/6/2016 Topic Descriptions - Florida Environmental Network Emmanuel, David Goldstein R. RECENT DEVELOPMENTS IN PROPERTY RIGHTS This course discusses recent state and federal legal decisions, legislative proposals and enactments, and anything else of interest to those who deal i with the nitty-gritty of private property issues. It is intended for the seasoned practitioner; however, all are encouraged to attend. Audience participation is encouraged. Instructors: MoJazil (Moderator), David Smolker, Amy Boulris, Jim Burling S. DEVELOPMENT IN ENVIRONMENTALLY SENSITIVE AREAS: STRATEGIES FOR AVOIDING LITIGATION UNDER NEPA, CWA, AND ESA Public and private sector projects located near wetlands, endangered species habitat or other protected areas are often opposed by individuals and organizations during permitting proceedings as well as in federal court. Avoiding litigation and building a winning administrative record should litigation become unavoidable, must begin prior to application submittal and continue during application review. This course is ideal for lawyers, managers and consultants who work on large or controversial projects involving wetlands, endangered species or protected natural resources. Instructors: John Wharton (moderator), Mike Dennis, John lesman, Kerri Barsh, Gisele Colbert T. IMPLEMENTING THE RESTORE ACT IN FLORIDA Following the Deepwater Horizon, oil spill Congress passed the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economy of the Gulf Coast Act (RESTORE Act) that provides a mechanism to hold the responsible parties financially accountable for restoring the Gulf. Signed into law in 2012, the Act has generated unprecedented funding for both ecological and economic restoration of the Gulf Coast. Among the five affected states Florida is unique with regard to the role of its 23 Gulf Coast counties, as well as the large geographic extent of the coastline - both north to south and east to west - and the associated diversity of coastal ecosystems and communities. This timely course will provide: an overview of the RESTORE Act; the status of litigation with the responsible parties; current and projected funding levels available to Florida Gulf Coast counties; ongoing federal, state and local government coastal planning efforts; the types of projects, programs and activities eligible for. funding; and an overview of other related funding streams for Gulf Coast restoration. Furthermore, this course will provide the viewpoints of key representatives from federal, state and local government, NGOs, and the private sector as this process draws to a conclusion. Instructors: Doug Robison (Moderator), Darryl Boudreau, Erin Deady U. RISK MANAGEMENT FOR ENVIRONMENTAL CONSULTANTS Environmental consultants spend their days managing their clients' environmental risk, but often don't devote nearly as much attention to the risks in their own line of work. This panel will discuss the risks associated with environmental consulting, and present concrete strategies and tips for managing those risks. Panelists will share best work practices, protective contract language, and other risk management tools like insurance and bonding. Instructors: Greg Munson, Brent Anderson, Veronica Benzinger, Toby Overdorff V. THE STRATEGIC ROLE OF INFORMATION TECHNOLOGY IN REGULATORY REFORM, REGULATORY PROCESS EFFICIENCY AND IMPROVED COMPLIANCE OUTCOMES In virtually all aspects of our lives, Information Technology has changed the way we communicate with others, access information, entertain ourselves and conduct commerce. But, how has the "IT revolution" affected the way we are regulated? In this completely new course, a panel of IT professionals and regulators will discuss the ever expanding role of IT in the "business of regulation" in a thought- provoking and interesting way. Significant IT initiatives have emerged from DEP over the last S years, including e -Permitting, improved access to public records through GIS, and electronic submittals of compliance data. You will hear from the agencys perspective about how these investments have paid off (or not) and what is planned for the future. You will also hear from a significant user of these electronic services how they are working (or not). Don't miss what is sure to be a lively discussion, and come prepared to learn about and participate in the IT revolution! Instructors: Louis Smith, Tara Crews, Warren Sponholtz, Justin Green, Greg Strong ** GROWTH MANAGEMENT UPDATE ** i W. NEW POLICY DIRECTIONS FOR GROWTH MANAGEMENT In 2011 the Florida Legislature fundamentally changed Florida's growth management process when it abolished the Department of Community Affairs and modified the state's authority to review and approve local government comprehensive plans and plan amendments. What remained of the state planning process was transferred to the Division of Community Development within the Department of Economic Opportunity. Since that time, government at all levels, lawyers, developers and planners have 59 http:/Moridaenet.com/topic-descriptions/ 5/16 7/6)2016 Topic Descriptions —Florida Environmental Network adjusted to dramatically changed laws, rules and policies. This informative course will update you of the current status of implementation of growth management and comprehensive planning laws and rules at both state and local levels. The course is updated each year to bring new legislation, emerging issues, and examples of local government innovation to your attention. Audience participation encouraged. Instructors: Nancy Linnan (Moderator), Val Hubbard, Janet Bowman, Sherry Spiers, Dan Delisi, Kerry Godwin X. STRATEGIC PLANNING AND PERMITTING FOR DEVELOPMENT Practical and informative course designed to address strategies for obtaining environmental and growth management approvals for land development projects under Florida's current laws and agency practices;; consideration of effects of recent legislation and administrative actions taken by the Executive Branch; discussion of successful approaches to processing and obtaining environmental permits from regulatory agencies, determinations of when to obtain the required permits and in what order, and the level of specificity and procedural requirements of each agency. Course to also cover tracking and managing activities for compliance with permit conditions, tips for gaining the respect of regulatory agencies, and steps that should be taken to avoid costly enforcement litigation. Audience participation is encouraged. Instructors: Kim Woodbury, Dennis Mele, Abbey Naylor, David Powell Y. WHAT'S AHEAD AND WHY—COMPREHENSIVE PLANNING AND DEVELOPMENTS OF REGIONAL IMPACT This timely and important update will cover any changes by the 2016 Legislature with respect to comprehensive planning and DRIB, as well as any pending changes in growth management programs and policies; discussion of potential changes and new directions for DRIB, as well as processes related to large non -DRIB in Dense Urban Land Areas; determination of whether the benefits of the DRI process justify the time and expense; evaluation of better outcomes which could be achieved through a different process; and examination of pros and cons of rescinding existing DRIB. Excellent and always timely course. Audience participation is encouraged. Instructors: Randi Fitzgerald, Dave Mechanik, Joel Ivey, Darrin Taylor Z. TRANSPORTATION PLANNING: HOW DO WE GET THERE FROM HERE? State, regional and local transportation infrastructure deficiencies and related transportation mitigation costs can make or break development in Florida. Failure to address inadequate infrastructure remains a significant hurdle to both developers and local governments. Join this panel to learn what's new in 2016 and how to maximize development potential while reducing mitigation costs through cooperative funding, innovative traffic analysis, multi -modal applications, and other innovative solutions. Instructors: Tara Duhy (Moderator), Adam Kerr, Gary Huttmann, Ken Metcalf AA. "SMART GROWTH - THE ECONOMICS OF PLACE" Provides an in-depth look at how public realm investments can create a significant return on investment by creating "great places". We will explore how the built environment of these great places spurs economic development and creates livable, sustainable communities through case studies from around the Country. The discussion will include the implementation of Complete Streets, Walkable Communities, Trails, Parks, and Art Hubs, as well as best practices that are transferrable to all communities, large and small; audience participation encouraged. Instructors: Rhea Law, Cecelia Bonifay, Vashon Sarkisian, Tyler Johnson BB. URBAN AGRICULTURE This innovative new panel will address the emerging issues related to the planning and environmental benefits of integrating agriculture into the urban environment, as well as associated risks. Various approaches taken by cities across the US will be discussed, including their objectives, incentives, and regulations. Then, the panel will shift its focus to Florida - including the actions taken by the City of Orlando to integrate urban agriculture into its sustainability efforts, steps being taken by other Florida urban areas to integrate urban gardens and farms, micro -livestock and urban beekeeping with other urban activities. Come prepared to learn and participate in this exciting new topic! Instructors: Martha H. Chumbler, Chris Castro, Dr. Nicole Penichet Sorell Negro CC. STRATEGIZING, HANDLING, AND DEFENDING CLIENTS' INTERESTS AT LOCAL QUASI- JUDICIAL PROCEEDINGS This presentation provides both legal and practical insights into preparing for and managing local quasi-judicial proceedings. It also provides insights on dealing with denials and challenges to your client's interests. This presentation will focus on strategic matters, provide useful tips, examine new and developing legal issues, and address technical issues, particularly in traffic concerns and challenges. Instructors: Chris Torres (Moderator), Gordon Schiff, Randy Coen ** SPECIAL COURSE SERIES ON AIR QUALITY, ENERGY, SUSTAINABILITY, AND CLIMATE CHANGE ** 60 http:/Moridaenet.com/topic-descriptions/ 6116 7/6/2016 Topic Descriptions — Florida Environmental Network DD. NEW DEVELOPMENTS IN AIR QUALITY REGULATIONS EPA continues to aggressively issue new rules and guidance, many of which are already being implemented by DEP. This panel will provide an overview of the major initiatives, with focus on how your normal business operations will be affected. EPA continues to aggressively pursue the Obama administration's Climate Action Plan, and perhaps even more so in light of the world wide climate change accord. This timely and informative course will also examine the impact of EPA's SIP Call regarding startup, shutdown and malfunction emissions and the wide-ranging implications of the National Ambient Air Quality Standard for ozone and SO2. Other issues to be discussed include current state implementation of other federal air rules, the latest developments regarding the CSAPR and EPA's next transport rule, and a unique company -specific perspective on how air regulations are impacting operations in Florida. This informative session is designed to help you stay current on the latest rules and policies - Come prepared with your questions for this panel of experts. Instructors: Robert Manning, Justin Green, Michael Ballenger, Ken Kosky, Max Lee EE. INTEGRATING LID INTO LOCAL GOVERNMENT STORMWATER PROGRAMS: A USERS GUIDE Traditional stormwater BMPs can be land -intensive and tend to fall short of the nutrient load reductions needed to protect our receiving waters. An expanded BMP toolbox improving on traditional stormwater treatment practices and incorporating LID practices is needed to address this problem. Local governments and some private developers are taking a leadership role promoting LID. By working with developers, designers, and other community stakeholders, local governments can effectively update Land Development Codes and adopt stormwater BMP design criteria to encourage the use of LID and better protect water resources. Instructors: Clark Hull (Moderator), Marty Wanielista, Steve Suou, Ryan Givens, Mike Hardin FF. PLANNING FOR SUSTAINABILITY 101 This session will briefly describe the goals of sustainability and the technical issues that need to be addressed for implementation. An overview of easily adoptable sustainable practices for developers and local governments will complement background information and historical perspective from certifying organizations including the USGBC and FGBC. Discussion of in place ordinances such as Miami 21, LID codes and project funding plus discussion of the future of sustainability both locally and nationally complement this roundtable discussion. Instructors: Cecile Piverotto (Moderator), Jennifer Longuell, Amy Wicks, Sherry Spiers, Clay Henderson, Diana Velasquez GG. RESPONSES TO SEA LEVEL RISE AND CLIMATE CHANGE Very timely and informative course designed to explore some of the projected impacts of climate change on existing water resource management and regulation. The panel will provide an overview of the current science of climate change with a specific focus on documented and projected impacts in Florida. The discussion will identify current and future regulatory implications of sea level rise and water supply and water resource management. Both Florida and national models will be discussed. The speakers will identify emerging state and federal laws, policies, and regulations that address sea level rise. This session will examine potential adaptation, mitigation and resiliency strategies to protect future water supplies for people and the environment, including a discussion on infrastructure level of service implications and anticipated hurdles to adaptation strategy implementation. Instructors: Shane Laosko (Moderator), Erin Deady, Rhonda Haag, JenniferJurado, Danielle Irwin, Thomas Ruppert HH. FLORIDA'S RENEWABLE ENERGY PROJECTS: UPDATES, OUTLOOK, AND CHALLENGES Hear the latest on renewable energy projects and policy in Florida, including solar, ocean, biofuel, biopower, and wind. During this informative roundtable discussion, the panel will focus on the development opportunities and challenges currently facing renewable energy projects within the state. Course to include a status report on existing and proposed renewable energy projects, as well as why some projects are moving forward while others appear to be stalled. The panel will also discuss recent marketplace, legal, and policy developments on the state and federal level affecting the renewable energy sector. The experts on this panel will discuss some of the most difficult challenges for a project's success, including the due diligence needed for selection of the ideal site. This panel will also focus on critical issues and challenges that could arise for any renewable energy project that could ultimately "make or break" a particular project. If you have any interest in renewable energy projects in Florida, you should attend this session! Instructors: Tom yonge (moderator), Joseph Brown, J.L. "Buck" Martinez, Mike Cooke II. EPA'S CLEAN POWER PLAN: A GAME CHANGER OR NON-EVENT FOR FLORIDA? Last year EPA finalized new rules under the Clean Air Act intended to reduce carbon emissions from existing power plants by more than 30 percent below 2005 levels. The controversial program currently under appeal and known as the "Clean Power Plan" establishes state -specific targets and http:/tfloridaenet.com/topic-descripbons/ 7/16 61 7/6/2016 Topic Descriptions —Florida Environmental Network requires each state to develop a plan on how to get there. The panelists, including Florida DEP Deputy Secretary Paula Cobb and Mike Kennedy with Duke Energy, will discuss Florida's "target' under EPA's Clean Power Plan, state -level planning (including potential compliance timelines and mechanisms), and how the Supreme Court's stay could affect that planning. This panel promises interesting discussions on how EPA's Clean Power Plan could affect Florida energy policies, grid reliability, other industry sectors, and the state's economy. The speakers also will outline the major issues on appeal and possible outcomes, including a probable timeline, the likelihood of the Florida Legislature jumping in, and to what extent the Public Service Commission might be involved. You will not want to miss this opportunity to hear the latest about the Clean Power Plan—it certainly could be a GAME CHANGER here in the Sunshine State! Instructors: Angela Morrison (Moderator), Scott Osbourn, Mike Kennedy, Paula Cobb, Brian Potts, Michael Ballenger ** FLORIDA'S WATER SUPPLY CHALLENGES: ISSUES AND ANSWERS ** JJ. & KK. EMERGING WATER SUPPLY ISSUES Advanced discussion of multiple issues including emerging challenges in meeting future water demands; innovative water supply projects; meeting the conceptual costs of distribution and storage of reclaimed water; legal and policy issues regarding the control of reclaimed water for future public and private reuse; and regulatory challenges. Audience participation is strongly encouraged! Part I - Innovative thinking to address future water supply needs. What innovative water supply projects are emerging around Florida? How are utilities and other significant water users being supported now and into the future? Part II - Implementing future water supply needs - funding and acceptance of projects. How does the implementation of the Florida Land and Water Conservation Amendment impact future water supply? How do we engage the public and improve awareness of future water supply needs? Instructors: Craig Varn (moderator), Ed de la Parte, Roger Sims, Ryan Matthews, Brian Armstrong, Ann Shortelle, Beth Lewis, Mark Thomasson LL. NORTH FLORIDA WATER CHALLENGES Water availability in North Florida remains a controversial topic. Rule challenges to minimum flows and levels have come and gone and come again, the Legislature has again addressed protection of the region's springs and a major overhaul of the groundwater model for the region will be implemented by the district. join this panel for a well- rounded look at key north Florida water issues over the past year, including a look back at what happened (and didn't happen) in the Legislature. Instructors: Ann Shortelle (Moderator), Rick Hutton, Guy Gowens, Carlos Herd, Cecile Piveratto MM. CENTRAL FLORIDA WATER INITIATIVE DEP's Central Florida Water Initiative (CFWI) is easily Florida's most important and far-reaching inter -district water management analysis and program ever undertaken. CFWI efforts focus on a water deficit area that includes five central Florida counties, and involves three water management districts, the Florida Department of Agriculture and Consumer Services, as well as several regional public water utilities, landowners, local governments, agriculture and various other stakeholder interests. Goals and guiding principles of CFWI include identifying sustainable sources of traditional water supplies, developing strategies to meet water demands exceeding available supplies, and providing for consistency among water management districts in reaching water supply goals and objectives. This important effort has already influenced changes to Florida water law and policy, including legislation enacted by the 2016 Florida Legislature, with many more expected to come. Here's your chance to listen, learn, and participate during this "must attend" course. Instructors: Eric Olsen (Moderator), Ryan Matthews, Robert Beltran, Len Lindahl, Beth Ross NN. LINKING GROWTH WITH WATER SUPPLY AVAILABILITY Discussion of integrating regional water supply plans of local government with the plans and projects of water utilities through a prescribed planning process requiring cooperation between water management districts and local and regional water management districts and local and regional water utilities; regulatory incentives for the development of alternative water supplies; financial assistance for utilities; linking the growth management plans of local governments with the plans and projects of water utilities; applying the principles of consistency with concurrency as set forth in Florida law and implementing rules. Audience participation is encouraged. Instructors: Segundo Fernandez, Dave Depew, Mark Farrell 00. MINIMUM FLOWS AND LEVELS: FLORIDA'S NEXT GREAT REGULATORY CHALLENGE To prevent significant harm to the water resource, the water management districts must adopt minimum flows and levels for waterbodies and groundwater according to an annual priority list. http://floridaenet.com/topic-descripbons/ 8/16 62 7/6/2016 Topic Descriptions — Florida Environmental Network the waterbody does not meet, or is projected not to meet, the adopted minimum flow or level, the district must adopt a recovery or prevention strategy. Going through this process, the water management districts have found that many waterbodies are below their established minimum flow or level and thus require a recovery or prevention strategy. Some districts are re-evaluating their minimum flows and levels to see if they were set correctly. Minimum flows and levels and their associated prevention or recovery strategies can affect water users by causing cutbacks on existing sources, forcing development of alternative water supplies, and forcing participation in aquifer or surface water body recharge projects, in each case creating general uncertainty. This course focuses on the process by which minimum flows or levels are developed and adopted, while also identifying where minimum flows or levels are already in place or are scheduled for adoption in the future, how water users are impacted, and what you can do to protect your water uses. Instructors: Doug Manson (Moderator), Mark Hammond, Mike Register, Terrie Bates, Matt Leopold PP. EMBRACING WATER SUPPLY SUSTAINABILITY: THE CRITICAL ROLE OF ALTERNATIVE WATER SUPPLY AND REUSE As our population grows, the demand for water will also grow - and not just for human consumption. Growing the food to feed a hungry nation consumes a significant amount of water. Powering up homes and businesses for the latest in "gadgetry' also requires more electricity, which also requires volumes of water. As demand increases, the impacts of drought will become more pronounced, particularly in places that are vulnerable to extreme weather, like Florida. Thankfully, scientific advances and innovative technologies allow us to tap into alternative supplies, including reuse water, to provide a safe and reliable water supply for drinking, manufacturing, irrigation and energy generation. While conservation is an important tool, states must incorporate alternative supplies and reuse in their water portfolios to meet their growing needs and protect against environmental degradation. The passage of SB 536 in 2014 and SB 552 in 2016 suggests that Florida is taking bold steps to achieve these goals. DEP just released its comprehensive study on how to expand the use of reclaimed water, stormwater and excess surface water in the state. SB 552 provides for significant improvements to the water supply planning and development process. These significant efforts by the Legislature and DEP have the potential to guide the long-term strategy for water use and development in Florida. join us for an intriguing discussion of the policies needed to advance alternative water supply and reuse in the Sunshine State, while highlighting successful policies and projects that have led to economic development, sustained agriculture, and environmental restoration. Instructors: Melissa Meeker (Moderator), Ann Shortelle, Mike Sole, Ed Torres, Temperince Morgan QQ. USING PUBLIC-PRIVATE PARTNERSHIPS TO SOLVE FLORIDA'S WATER CHALLENGE Florida is faced with significant water shortages projected to be an estimated 2 billion gallons per day by 2025 unless proactive action is taken. Florida is also confronting significant water quality challenges, including meeting recently enacted Numeric Nutrient Criteria, TMDLs and restoration targets. How can the private sector help public entities with these issues? Part of the solution may be the development of long-term contractual arrangements between public utilities and private land owners in the storage, production, reuse and treatment of water. The panel will discuss advantages and difficulties in developing public-private partnerships, recent legislative changes at the state and federal level, and success stories in meeting Florida's future water needs. This is a very timely and highly recommended course! Instructors: John Fumero (Moderator), Jack Fiveash, Pat Lehman, Ernie Cox RR. DISPERSED WATER MANAGEMENT The Dispersed Water Management Program administered by the SFWMD encourages private property owners to retain water on their land rather than drain it, accept and detain regional runoff for storage or do both. Landowners typically become involved in the program through cost -share cooperative projects, easements, or payment for environmental services. Managing water on these lands is one tool to use in reducing damaging amounts of water diverted into lakes and estuaries for flood protection. Dispersed water management also offers many other environmental and economic benefits, including providing valuable groundwater recharge for water supply; improving water quality and rehydration of drained systems; enhancing plant and wildlife habitat; and helping sustain the local economy by incentivizing landowners to provide great environmental stewardship. This timely and informative course will tell you all about it. Audience participation encouraged. Instructors: Ernie Barnett Ernie Cox, Benita Whalen, Jeff Sumner ** SPECIAL COURSE SERIES ON WATER QUALITY ** SS. NEW DEVELOPMENTS IN WATER QUALITY PERMITTING Extremely informative course includes timely updates on new ways the Department of Environmental Protection and EPA are addressing water quality issues; also includes basic as well as advanced discussion on water quality discharge permitting, whether from industrial, domestic, or other discharge sources; emphasis on current agency practices, and updates on pending legal changes; emerging water quality issues affecting http:/ffloridaenet.com/topic-descripfions/ 9/16 63 7/6/2016 Topic Descriptions — Florida Environmental Network industry, regulations and the general population; excellent course designed for extensive audience participation. Instructors: Tim Atkinson (Moderator), Ric Froxedos, Bruce Nocita, Ken Watson, John Coates TT. THE NEXT GENERATION OF BASIN MANAGEMENT ACTION PLANS The Basin Management Action Plans (BMAPs) were a cornerstone of the significant water legislation that was signed into law (presumably) this past session to address water quality concerns of the State's waters. Spring and South Florida BMAPs were a specific focus and both require a large amount of nutrient reduction from all sources. Learn how the Department will implement BMAPs going forward to embody some of the changes passed into law, and also some of the changes needed to achieve more challenging reductions. Instructors: Drew Bartlett (Moderator), Tom Frick, Katie Hallos, Ernie Barnett Ann Shortelle UU & VV. IMPLEMENTING FLORIDA'S NUMERIC NUTRIENT CRITERIA After the many years of research, evaluation, debate, and litigation, numeric nutrient criteria can now be implemented in almost all categories of waters in the state. Implementation will generate significant business opportunities for consulting firms in the biological and engineering fields and laboratories (not to mention law firms). We have reserved an ample amount of time at the end of the course to answer questions, and engage in an informal give-and-take among the audience and panelists. This is not a course for the uninformed. Your course "text" will be DEP rules and documents governing the implementation of numeric nutrient criteria. Your instructors will discuss these rules with their strengths and weakness and potential pitfalls for permittees. There will be opportunity for exchange among panelists and audience during this highly technical, 2 -part course designed to explore and provide an update on this extremely significant rule and how all affected parties are dealing with the numerous technical and legal issues involved in the application of NNC in Florida. Part I - Status of EPA Rule and approval of state rules and DEP rulemaking in response to EPA approval. Status of rules on estuaries and coastal areas; Status of Litigation; Role of EPA, DEP and water management districts. Part II - Implementation and impacts on permitting; procedure for dealing with artificial conveyances and impact of NNC on various permits and approvals; unique aspects of implementation in South Florida; dealing with NNC issues in permits that may involve springs, lakes, streams, estuaries and coastal areas; use of biological metrics; protection of downstream waters under state rule. Use of WQBELs and SSACs for NNC. Instructors: Terry Cole (Moderator), Dan Hammond, Tom Frick, Matt Coglionese, Stan Posey, Dave Tomasko, Kurt Spitzer, TonyJanicki WW. NUMERIC NUTRIENT CRITERIA FOR STORMWATER; EMERGING ISSUES This course will present background on numeric nutrient criteria (NNC) and related constraints and opportunities for integrated stormwater management solutions. Speakers will present both engineering and agency perspectives and case examples. This extremely important course will explore one of the least understood and perhaps the most challenging aspect of NNC compliance. Come prepared to ask questions and engage in an interesting and timely discussion of this important topic. Instructors: Russ Frydenborg, Gary Serviss, Tom Frick, Patrick Shearer XX. WATER QUALITY CREDIT TRADING This course will discuss the regulatory framework surrounding water quality credit trading in Florida, trades that have occurred already, and the potential for trading throughout Florida in the future. Through the panel discussion and presentations, we will explore trading from the perspective of both point source discharges and nonpoint source dischargers. The panel will also discuss the successes and failures of other trading programs around the United States. Come prepared to listen, learn and participate. Instructors: David Childs, Ray Scott, Kurt Spitzer, Tom Frick, Debbie Madden YY. USE OF WETLANDS FOR STORMWATER AND WASTEWATER TREATMENT Wetlands can provide for natural, low-energy and environmentally beneficial water quality improvement. This course includes: an updated summary of principles and methods of successful treatment wetland design; overview of treatment wetland regulations in Florida; detailed case histories of point and non - point source wastewater treatment using wetlands, including stormwater, municipal wastewater, industrial wastewater, and agricultural discharges. This very informative course will also feature an overview of the world's largest treatment wetlands, the Everglades Stormwater Treatment Area, summarizing findings of the Science Plan on wetland performance and optimization. Audience participation is encouraged. Instructors: Jim Bays, Larry Schwartz, Chris Keller, Angelique M.K. Bochnak . ZZ. FLORIDA NPDES UPDATE Update on procedural and substantive considerations in permitting i httpJ/fforidaenet.com/topic-descriptons/ 10/16 64 7/6/2016 Topic Descriptions — Florida Environmental Network under NPDES program including stormwater; new regulatory developments including numeric nutrient criteria; program administration; case law update; enforcement and citizen suits; additional compliance considerations; how to interpret complex regulations; use of metals translator for establishing NPDES limits; examples of industrial and construction applications; implementation of stormwater NPDES; MS4 program; current agency practices; emerging trends and issues; audience participation encouraged. Instructors: Winston Borkowski (Moderator), Robert Potts, Ray Ferrara ** WETLANDS PERMITTING AND MITIGATION ** AAA. STATEWIDE ERP RULE UPDATES Since DEP's major overhaul of the Environmental Resource Permit rules in 2013, there have been a number of additional revisions and more are underway. Don't miss this chance to hear first-hand from agency officials responsible for this effort on the purpose and intent, scope and limitations, schedule for development, and implementation of the new statewide ERP rules. Audience participation encouraged. Instructors: Julie Sullivan (Moderator), Tim Rach, Michelle Reiber, Tom Frick, Kelly Unger BOB. THE ESSENTIALS OF OBTAINING AN ENVIRONMENTAL RESOURCE PERMIT: THE NUTS AND BOLTS OF ERP PERMITTING This course will provide a detailed and in-depth breakdown of all aspects and components necessary for the environmental professional to obtain an ERP permit in an efficient and effective manner. This course will take the audience through all the steps in the review and issuance of an ERP permit including an administrative permit challenge. In addition, the course will discuss how new and proposed rules and policies are affecting the permitting process. Learn from this highly experienced panel all of the essential criteria and policies, including wetland and mitigation requirements, surface water engineering requirements, water quality and administrative and legal requirements critical to finalize a permit. This course is a must for environmental professionals who want to understand all aspects of ERP permitting in order to better represent their clients and deliver efficient results. Audience participation encouraged. Instructors: Luna Phillips, Church Roberts, Shannon Ruby Julien, Jeff Prather CCC. EMERGING ISSUES IN ENVIRONMENTAL RESOURCE PERMITTING This extremely informative and timely course combines the legal principles of ERP permitting, as expressed by recent changes with practical tips for achieving compliance, and avoidance of process "pitfalls" from the viewpoint of both regulators and practitioners. The panel presentation will be free-flowing with considerable audience participation led by lawyers and scientists from the public and private sectors. The course assumes a working knowledge of the ERP process and criteria, and it is intended to examine the critical issues that make or break applications, including those subjected to the extraordinary scrutiny of an administrative hearing. Course will also examine the effects of recent reorganizations within DEP and WMDs and what it means for ERP applicants. Audience participation encouraged. Instructors: Frank Matthews (Moderator), Shannon Gonzalez, Jerry Renick, Laura Mills, Michelle Hopkins DDD. FEDERAL WETLANDS PERMITTING UPDATE Excellent course on how to navigate through the Army Corps of Engineers' Section 404 Clean Water Act Wetlands permitting process. This course, taught by our panel of experts will feature step-by-step analysis of the ACOE permitting process including illustrative case study examples; emphasis on the key components to enhancing the speed of the application process; and avoiding pitfalls and other time sinks in order to obtain a favorable ACOE decision. This advanced course is designed for active audience participation. Instructors: Todd Sumner (Moderator), Mike Drouer, Tom Roberts, Tori White, Brian Farrar EEE. FLORIDA WETLAND JURISDICTION If you want to know precisely how wetland jurisdiction is determined, and the subtle and not so subtle differences between Florida's uniform statewide wetland jurisdiction and Federal wetland jurisdiction, this is your course! Carefully designed panel discussion to analyze state and COE wetland jurisdiction making use of comparisons and contrasts as appropriate; covers application of vegetation, soils and hydrologic indicators in determining presence of wetlands using state and COE methodologies; covers altered and non -altered sites; emphasis on practical application and dispute resolution; examples and case studies; course designed for extensive audience participation. Instructors: Mike Dennis, Mike Nichols, Ed Murawski, Tim Perry FFF. FEDERAL WETLAND JURISDICTION The proposed Waters of the United States rule (currently stayed by a federal judge) is not the only thing going on in wetlands law and regulation. This course will look at the current law of federal wetland jurisdiction and how its determined and implemented on the ground - right now! Can you challenge a federal wetlands delineation on your property? The recent Hawkes v. USACE, says that you can, and the course will address how the Supreme Court might resolve this issue. It will also include a review of the Rapanos case that led to the "Significant Nexus" test, which is the basis for all current regulation, and the conflicting case law that has resulted in httpJ/floridaenet.com/topic-descriptions/ 11/16 7/6/2016 Topic Descriptions — Florida Environmental Network several states. There will also be an overview of the Precon case regarding interpreting agency guidance documents. The course will highlight the practical application of the Corps' current regulations, policies and guidance documents and what they could mean for development in Florida. Finally, the Corps will provide an in-depth discussion of the latest wetlands guidance and what the regulated community can expect. Instructors: Pam Fetterman (Moderator), Dylan Larson, Debbie Madden, Matt Leopold, Jeff Collins GGG. THE NEW UMAM: PROPOSED REVISIONS TO FLORIDA'S UNIFORM MITIGATION ASSESSMENT METHOD Florida's Uniform Mitigation Assessment Method (UMAM) is the primary method by which regulatory agencies determine the amount of mitigation necessary to offset impacts to wetlands and other surface waters and the number of mitigation credits to be assigned to a mitigation bank. This course is a double session focusing on proposed revisions to the UMAM rule. According to their website, the DEP intends to revise the UMAM rule to achieve more certainty and consistency across the state while still accounting for each region's diverse ecological communities. The goal is a more streamlined and straightforward UMAM rule that is easier to use on both ends - easier for the citizens or businesses applying UMAM and for the agency staff processing the applications. This course will provide a variety of perspectives from a panel of expert UMAM practitioners who have been active in the efforts to revise UMAM. Audience participation is strongly encouraged to provide constructive input to the Department regarding progress thus far and any further improvements which may be necessary. Instructors: Clark Hull (Moderator), John Humphreys, Penny Cople, Shannon Gonzalez, Ed Cronyn, HHH. WETLAND REGULATORY JURISDICTION OVER FARMLANDS Farmlands are subject to complex set of special rules when it comes to wetland jurisdiction. Not all activities on farmlands are exempt from wetland rules, and agencies in recent years arguably have increased the scope of their jurisdiction over these areas. Understanding these rules is important not just for farmers, but also for anybody who wants to use farmlands for other types of activities. This course will address activity and geographical exemptions for farmlands under the Clean Water Act, state regulation of wetlands in the farming context, and recent regulatory developments that could affect agencies'jurisdiction. Excellent course designed for audience participation. Instructors: Neal McAliley, Adam Peterson, Jim Sprott Jeff Collins 111. PRACTICAL CONSIDERATIONS IN ENVIRONMENTAL MITIGATION AND MITIGATION BANKING Environmental mitigation in Florida is trending toward greater use of mitigation bank, while onsite mitigation remains a viable option in fewer and fewer instances. This carefully designed course will address practical considerations and the selection of mitigation options, including economics, liability issues, and long term management requirements. This very informative course will make use of case studies and legal analyses to provide insight into evolving agency practices in this area. This course should leave you well informed on the opportunity and obstacles of using mitigation to satisfy the requirements of obtaining a permit at the state, regional or local level. Excellent course designed for audience participation. Instructors: Beverly Birkitt (Moderator), Ed Cole, Debbie Wegmann, Tim Rach, Kelly Sands ** COASTAL PERMITTING AND STATE SOVEREIGN LANDS ** JJ). SPECIAL PERMIT CONSIDERATIONS FOR SOVEREIGN LANDS AND AQUATIC PRESERVES This timely and informative course provides a review of latest changes and emerging issues with regard to DEP's proprietary authority over State-owned lands; includes a comprehensive update on procedural and administrative changes; also covers recent rule changes and proposed changes to current agency rules and practices with regard to use of sovereign lands; discussion of special permit conditions applied to aquatic preserves and outstanding Florida waters; other emerging trends and issues. Course designed for extensive audience participation. Instructors: Andy Baumann (Moderator), Matthew Butler, David Clark, Danielle Irwin, Spencer Crowley, Tim Rach KKK. COASTAL MARINE PERMITTING AND MITIGATION This very informative course will cover all aspects of habitat and species issues associated with proposed projects in the coastal marine environment; provides for a thorough and practical examination of the current tools for assessing and avoiding impacts; includes examples of techniques for habitat and species restoration in coastal and marine environments. Excellent course designed for extensive audience participation. Instructors: Wayne Flowers, Beau Williams, Lainie Edwards, Kevin Claridge LLL. COASTAL CONSTRUCTION CONTROL LINE PERMITTING Development within the dynamic and sensitive coastal environment requires a special permit from the Florida Department of Environmental Protection. This course examines the regulatory framework and practical aspects of http://floridaenet.com/topic-descriptions/ 12/16 7/6/2016 Topic Descriptions — Florida Environmental Network Coastal Construction Control Line permitting for oceanfront structures and activities. Covers current agency procedures and practices with respect to structure siting and design, including respective responsibilities of state and local agencies; emerging agency policy; special permitting considerations for storm impact planning and emergency response, including appropriate use of coastal armoring structures. Always a timely and informative course. Instructors: Steve Lewis (moderator), Christy Brush, Darwin Stubbs, Rick Chitwood, Patrick Krechowski MMM. COASTAL CONSTRUCTION "HOTSPOTS" Current Coastal Real Estate Development trends in Florida are driving emerging agency policy discussions regarding the Florida Department of Environmental Protection Coastal Construction Control Line (CCCL) permitting program. The FDEP's policy on armoring, sand management, exterior lighting for protection of marine turtle habitat, and the Statewide Habitat Conservation Plan for Floriaa's beaches will be the some of the topics covered by this dynamic discussion panel. Audience participation encouraged. Instructors: Danielle Irwin (moderator), Reggie Bouthillier, Carol Knox, Jane Herndon NNN. SEAGRASSES AND MANGROVES This session will present the types of permits (CCCL, ERP, JCP) as they apply to marine -related projects. Issues addressed will include: how the ecology and biology of Florida's seagrasses and mangroves drive the reality of regulatory responses; what restoration options and assessment strategies are available; the pitfalls of the permitting process, particularly with respect to monitoring and permit/mitigation compliance; and restoration site selection, techniques and monitoring includes in the context of the regulatory environment, including Habitat Equivalency Analysis and UMAM. This course provides excellent coverage of very complex subject. Instructors: Ed Steinmeyer (Moderator), Mark Fonseca, Roy Dennis, Tim Rach, Kevin Claridge 000. BEACH RENOURISHMENT AND NEAR SHORE HARD BOTTOMS Beach renourishment project occur frequently in Florida and often these activities cause hardbottom impacts to the nearshore habitat. This session will examine the impact considerations of a renourishment project. Issues addressed will include: the associated hardbottom, mixing zone, and down current drift; hardbottom mapping techniques and pre- and post -nourishment monitoring methods; and regulatory challenges for permitting and determining mitigation. Examples of renourishment projects impact and the regulatory challenges will be discussed. Come prepared to listen, learn, and participate! Instructors: Erin Hodel, Penny Cutt; Jackie Keiser, Lainie Edwards ** IMPERILED SPECIES ** PPP. FUTURE DIRECTIONS FOR SPECIES MITIGATION AND CONSERVATION BANKING This panel will provide the latest information on Candidate Species Updates, State and Federal current and future mitigation policies related to species, and the implications for both public and private infrastructure projects. Course covers new mitigation policy related to species impacts for all USFWS agency actions under both the CWA and ESA. Discussion of updated Imperiled Species Action Plans. Get the latest information and hear the discussion on the implications for Florida. Instructors: Sheri Lewin (Moderator), Steve Collins; Xavier Pagan, Scott Sanders, Connie Cassler QQQ. & RRR. EMERGING ISSUES AFFECTING CONSERVATION OF FLORIDA'S IMPERILED WILDLIFE SPECIES, INCLUDING POTENIAL IMPACTS OF CLIMATE CHANGE ON WILDLIFE COMMUNITIES Never have the costs and risks of conservation been so high nor the opportunities for establishing a new conservation vision for Florida as great as they are today. No less than a dozen landscape -scale wildlife and habitat planning programs are currently being implemented collaboratively in most cases by the Florida Fish and Wildlife Conservation Commission, US Fish and Wildlife Service, other regulatory agencies and conservation organizations. These initiatives generally involve development of state-wide management plans for high profile wildlife species, implementation of a revised state listed process for imperiled wildlife species, habitat identification and ranking analyses for preservation under projects that include the Conservation Cooperative Blueprint and the Peninsular Florida Landscape Conservation Cooperative, best management practices for wildlife on agricultural lands and consolidation of regulatory processes. Each of these programs has potential to profoundly affect the ways we conserve listed species and the habitats upon which they depend. They also will affect each of us in our responsibilities as regulators, land managers and consultants. Additionally, there is a possibility that changes to our climate may be affecting Florida's terrestrial and aquatic wildlife communities. The Florida Fish and Wildlife Conservation Commission has taken the time to study this issue and will come prepared to present its surprising findings, with commentary from other scientists with expertise in this area. The presenters in this session will provide salient overviews of these programs and issues with information regarding how to participate and acquire additional information. Instructors: Doug Rillstone (Moderator), Colleen Reilly, Daniel Judy, Austin Carroll, Jeff Collier, Bud vielhauer, Annie http://floridaenet.com/topic-descripbons/ 67 13/16 7/6/2016 Dziergowski Topic Descriptions — Florida Environmental Network SSS. REGULATION, MANAGEMENT & CONSERVATION OF WILDLIFE Many imperiled wildlife species spend some if not all of their life -cycles on land that is or has been historically managed for agriculture and silvicuture. The Florida Department of Agriculture and Consumer Services and the Fish and Wildlife Conservation Commission both recognize that agriculture provides a valuable benefit to the conservation and management of fish and wildlife in the state and have developed best management practices that reflect the industry's existing contribution to the conservation and management of aquatic life and wildlife in Florida. Properly implemented BMPs can exempt agricultural and silvicultural lands from certain imperiled species permitting guidelines, and the Commission is in the process of developing guidelines for a wide range of other state imperiled species where such BMPs may also play a role. The Commission has also been actively working to implement an agreement with the U.S. Fish and Wildlife Service that would allow the Commission to issue permits for the "take" of federally listed species instead of the Service. The members of this panel have been actively involved in the development and implementation of these important wildlife practices, policies, and guidelines. The panel will review current imperiled species guideline development, the development and implementation of the best management practices and how the guidelines and best management practices could affect the use of agricultural and other land in Florida and the southeastern United States. Instructors: Susan Stephens (Moderator), Scott Sanders, Dan Roach, Annie Dziergowski, Bill Bartnick TTT. THREATENED AND ENDANGERED SPECIES IN THE MARINE REALM Extremely timely and informative course will "cover the bases" from NEPA to permitting; critical environmental issues including Johnson Seagrass, protected fish species and essential fish habitat, sea turtles, and marine mammals; use of UMAM and HEA for determining mitigation requests; examples of lessons learned in dealing with and applying federal and state requirements to seaports, beach renourishment, and coastal development; discussion of emerging issues. Audience participation encouraged! Instructors: Penny Cutt Bill Precht, MaryJo Barkoszi, Tori White ** WASTE MANAGEMENT AND SITE REMEDIATION ** UUU. SELLING AND FINANCING OF CONTAMINATED PROPERTIES: WHAT IS THE RISK TOLERANCE OF FINANCIAL INSTITUTIONS REGARDING ENVIRONMENTAL LIABILITIES? While there are definitely incentives for redeveloping properties with perceived or actual environmental concerns, working with lenders in securing financing for the same may present additional challenges. Hear what the experts working for banks, equity capital, and other sources of finance have to say. What do lenders and equity investors need to meet their internal lending criteria? How do they manage environmental risks in their portfolios? Are traditional banks all the same? What's available from non-traditional lending sources? How do they and their attorneys view the recent evolution of FDEP's institutional controls policy? Our panelists will provide answers to these questions and much, much more! Join this new and interactive panel discussion as our experts provide insight into funding options and environmental risk management for redevelopment projects. Instructors: Anna Long (Moderator), Mary Hurley, Jennifer Pollock, Ralph DeMeo VVV. SUSTAINABLE APPROACHES TO REDEVELOPING CLOSED LANDFILLS AND WASTE DISPOSAL AREAS IN FLORIDA You discovered an old waste disposal area in your development project? Many have! With an improved economy and associated increase in land development throughout Florida, there are instances where old landfills/disposal areas are discovered during the development process. In order to prevent delays and cost overruns, an understanding of various regulatory requirements and remedial options are necessary in order to effectively execute a development project when buried waste is encountered. This extremely relevant and timely issue will be covered by a panel of experts in the fields of landfill regulation, remediation technology, and sustainable design. They will engage the audience as they present and discuss the various regulatory approvals that may be required to develop a closed landfill or waste disposal area in Florida. The panel will also discuss the many issues that will likely arise, including post closure care requirements, permits, financial assurance obligations, liabilities, incentive programs, remedial options, and institutional controls. Instructors: Brian Moore (Moderator), Mike Caldwell, Jon Moyle, Mary Yeorgon, Ron Cope WWW. & XXX. LANDFILLS, GOLF COURSES AND GAS STATIONS, OH BUY! - THE HOTEST PLAYS IN FLORIDA BROWNFIELD AND THE MOST EFFECTIVE TECHNICAL, REGULATORY, LEGAL AND ENVIRONMENTAL JUSTICE STRATEGIES FOR REDEVELOPMENT SUCCESS This panel will examine jthe current state of regulatory and financial incentives as well market dynamics, financing Lconsiderations, and social equity concerns that help private developers and local governments http:/Moridaenet.com/topic-descriptions/ 14/16 68 7/6/2016 Topic Descriptions — Florida Environmental Network collaborate to overcome the risk, limit the liability, and manage the cleanup costs associated with taking title to and redeveloping contaminated sites. Specific examples of successful and profitable projects and the community benefits they create will be discussed with an emphasis on landfills, golf courses, and gas stations. A comprehensive discussion of applicable Florida and federal rules and best management practices will be presented by a leading panel of Florida experts who will also provide a replicable, scalable, and easy -to -follow path for private development principals, local government planners, lenders, and other brownfield stakeholders. After this class, attendees will be well-positioned. Instructors: Michael Goldstein (Moderator), Mike Schackne, Maribel Nicholson -Choice, Frank Hearne, Rick Burgess, Janet Peterson, Mary Yeargan YYY. CURRENT HARVEST OF RBCA FRUIT: A FULL BASKET AND SEEDS FOR THE FUTURE: A RISK BASED CORRECTIVE ACTION UPDATE The last year has seen further significant changes in the implementation of risk base corrective actions in Florida. This panel of experts will recap the recent legislation, policy changes and rule development, including the expanding acceptance of non - recorded instruments to achieve site closure, revisions to the depth of contamination in the application of direct exposure soil cleanup target levels, and examples of new Land Use Controls for Airports and Ports. Rulemaking for Chapter 62-777 is facing challenges, the Institutional Control Procedures Guidance (ICPG) is nearing completion, the Contaminated Media Forum (CMF) is tackling new cleanup target levels, and Chapter 62-780 is on its final approach. With everything going on in the world of RBCA, you cannot miss this course! Come prepared to participate in a lively and informative discussion! Instructors: Jorge Caspary (Moderator), Laurel Lockett, Dr. Nicole Penichet Tom Lewis, Al Malefatto, Joe Ullo ZZZ. & AAAA. RIDING THE RBCA WAVE OF CHANGE! PRATICAL APPLICATIONS OF DEP'S RISK BASED CORRECTIVE ACTION POLICY This course picks up where the Risk Based Corrective Action Update panel finishes. It presents specific -cases where the evolution of RBCA and Institutional Controls has been applied. A new IC consisting of the application of Memorandums of Understanding with Water Management Districts will be presented. The practical application of these changes to large property owners such as the Tampa International Airport will also be discussed. Case studies will focus on the approach taken by responsible parties on achieving site closures by means other than a restrictive covenant. Part of the class will be on recent developments in achieving site closures using a probabilistic risk assessment. A must -attend, up-to-date, timely, and informative course on a hot topic designed for active audience participation. Instructors: Ralph DeMeo (Moderator), Peter Cornais, Jim Oliveros, Chris Teaf, Jim Langenbach, Steve Folsom, Howard Nelson, Carl Eldred, Robin Neely, Justin Wolfe RBBB. TECHNICAL ASPECTS OF THE PHASE I ESA AND COMPLIANCE WITH AAI & ASTM E1527- 13. BONUS: THE EVOLVING USE OF DRONES IN COMPLETING A PHASE I IN FLORIDA AND WHO REGULATES THEM? Nation-wide, and throughout the community of those who buy, sell or finance real estate, the ASTM El 527-13 Phase I Environmental Site Assessment Standard is the most widely used business environmental risk tool in the marketplace. However, this Standard was not designed as the panacea that it has become. The Standard is replete with nuances in connection with the CERCLA (Superfund) release definition, activity and use limitations, continuing obligations in connection with the CERCLA defenses, appropriateness of additional file review, and when and how recommendations should be managed. This has created confusion that is affecting the legal, banking and insurance communities who also have strong ties to the real estate marketplace. This session discusses the ASTM Standards, what they are, what they are not, and how and when to apply them. Get informed from people who wrote the ASTM Standards and routinely provide expert testimony regarding their interpretation and application in the marketplace. Bonus: the use of Unmanned Aircraft Vehicles (UAVs) has increased significantly in Florida and we rank fourth in the nation regarding the positive economic impact expected from the use of drones for commercial and environmental studies purposes. How can you be sure that your company is flying right? Whats the process for obtaining authorization to fly a drone commercially? How long does it take to properly register a drone? This bonus will provide answers to these questions and more. Instructors: Robert Stephens, Nick Albergo, Anna Long CCCC. SUCCESS STORIES IN COMMERCIAL RECYCLING Florida has a very ambitious 75% recycling goal that needs to be obtained by 2020. So far, the recycling rate benchmarks have been met, but we still have a long way to go. How will Florida get to the 75% goal? Its going to take more than just residential curbside programs. ICs going to take a concerted effort by the Florida business community in order to achieve the goal. Recycling is not always easy for businesses and at times is considered a burden on them. But some businesses are finding ways to do what's right for the environment as well as helping its bottom line. Come listen in as a panel of experts in this area discusses what's ahead in the area of recycling. Instructors: Keyna Cory (Moderator), Kim Brunson, Liz hftp:/tfloridaenet.com/topic-descriptions/ 15/16 69 IConsent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: July 1, 2016 To: Jason E. Brown, County Administrator From: Arjuna Weragoda, Capital Projects M1ffa'gf r Through: Vincent Burke, Director of Utilities Subject: Approval to Cover Costs Affiliated with Louisiana Ave Force Main DESCRIPTIONS AND CONDITIONS: In the fall of 2014, staff met with the City of Sebastian, the Sebastian Chapter of the VFW and The Sebastian Chapter of the American Legion regarding the possible connection to the County's sewer system. The existing septic systems serving the two properties were failing. ANALYSIS: During the meeting, the City of Sebastian agreed to contribute $50,000 in City grant funds to connect the two commercial properties to County sewer. In the best interest of the County due to timing, costs and environmental concerns, staff agreed to cover the County's share of the project at the completion of construction. That work entailed the design and construction of an extension to an existing force main 196 linear feet to accommodate service to the two properties and future potential connections along Louisiana Ave. Specifics of the hiring of the engineer and contractor were left up to the VFW and American Legion. Now that construction is complete and the properties are served by county sewer, the County's costs for design and construction total $11,329. FUNDING: Funds for this project are derived from capital funding. Capital fund revenues are generated from impact fees. Furthermore, new customers have created the need for the expansion or construction of the facilities, and those customers will benefit from this project. ACCOUNT NO.: Description Account Number Amount Louisiana Ave. Force Main 472-169000-16522 $11,329.00 Staff recommends that The Board of County Commissioners approve the expenditure for the expansion of the Louisiana Ave. force main in order to serve the American Legion and VFW. Indian River co A ro U-2 Jason E. �rov)/h, County Administrator For: July 12, 2016 PP Date Administration Legal Budget Utilities Utilities -Finance 70 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: July 02, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services�Q Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager 4u) Dim Subject: Work Order No. 3 with MBV Engineering, Inc. for the South County Waste Water Treatment Facility FDEP operating permit renewal. DESCRIPTIONS AND CONDITIONS: The South County Wastewater Treatment Facility (WWTF), located at 600 Highland Drive SW, is currently operating under a Florida Department of Environmental Protection (FDEP) operating permit (FLA010435) that is set to expire on April 23, 2017. According to Rule 62-620.335 of the Florida Administrative Code, all wastewater treatment facilities must submit a renewal application to the FDEP 180 days prior to permit expiration. Thus FDEP must receive this application prior to October 25, 2016. ANALYSIS: In order to meet the FDEP deadline and for staff to review the application package prior to submittal, MBV Engineering, Inc. (MBV) was asked to provide a scope of work to assist in the renewal application package. The work order is provided in accordance with the Extension and Amendment of the Continuing Services Contract Agreement for Professional Services with MBV Engineers, Inc., dated November 4, 2014. The scope is more specifically described in the attached Work Order No. 3, which is broken into five (5) tasks for a lump sum fee total of $20,750.00. MBV was the engineer that assisted the County in the last FDEP permit renewal at the South County WWTF for the same fee. FUNDING: Funding for the Professional Service Work Authorization is budgeted and available in the Other Professional Services account operating fund. Operating funds are generated from water and sewer sales. ACCOUNT NO: Description Account Number Amount Other Professional Services 47121836-033190 $20,750.00 Vil RECOMMENDATION: Staff recommends approval of the attached Work Order No. 3 authorizing the above-mentioned professional services and requests the Board to authorize the Chairman to execute the attache_ d Work Order No.3 on their behalf for a lump sum amount of $20,750.00 to MBV Engineers, Inc. ATTACHMENT(s): Work Order No. 3 APPROVED FOR AGENDA: By: — ( /PV Jason If. Brown, County Administrator For: July 12,016 Date Indian River Co. Approv d Date Administration AMC Legal Budget Utilities Utilities -Finance K:\Utilities\UTILITY - Engineering\WASTEWATER\WWTF - South Regional\2017 FDEP Permit Renewal\Agenda - MBV WO No.3 for South County WWTF operating permit renewaL.docx 72 Ili 91MBV ENGINEERING, INC. MCIA BOWLES VILLAMIZAR &ASSOCIATES www.mbyeng.com CA #3728 June 29, 2016 Mr. Vincent Burke, Utility Director Via FMail (vburke@ircgov.coni) Indian River County Department of Utility Services 1801 271h Street Vero Beach, F1, 32960 Subiect: Proposal / Contract for Professional Engineering Services For the Indian River County South County WWTF Permit Renewal (FLAO 1043 5) Indian River County, Florida Engineer's Project Number: 16-0244 Dcar Mr. Burke: At your request, we are hereby submitting our proposal to provide professional services for the above subject project. PROJECT DESCRIPTION According to the Florida Department of Environmental Protection (FDEP) Wastewater Treatment Facility (WWTF) records, the Indian River County South County WWTF Operating Permit (FLAOI 0435) will expire on April 23, 2017. Rule 62-620.335 of the Florida Administrative Code (F.A.C.) requires that all wastewater treatment facilities renew the FDEP Operating Permit every five to ten years, depending on permit limitations. Applications for permit renewal must be submitted to the appropriate FDEP office at least 180 days prior to the expiration of the FDEP Permit. Therefore, the renewal application for the Indian River County South County WWTF is due on or before October 25, 2016. The following scope is provided to address these items. SCOPF, OF SERVICES Task 1— Site Inspection MBV Engineering, Inc. will conduct the required site inspections to inspect the site and meet with the plant operators. The inspections will include an evaluation of the following: 1, The general condition of the facility 2. Component, system, and process reliability standards as required by Rule 62- 600.400(1)(b), F.A.C. 3. Component, system, and process operations 4. Hydraulic and organic loading 5. Safety features 1835 20th Street. 1250 W. Eau Gallie Blvd., Suite L 806 Delaware Avenue Vero Beach, FL 32960 Melbourne, FL 39235 Ft Pierce, FL 34950 772.569.0035 321.253,1510 771468,9055 Fax: 772.778.3617 Fax 321,253.0911 Fax 772.778.3617 73 Mr. Vincent Burke June 29, 2016 Page 2 of 5 Project Number: 16-0244 6. Operator certifications 7. Facility maintenance program 8. Facility records 9. Sampling procedures 10. Laboratory analysis procedures Task 2 — Tabulation and Analysis of Plant Operating Data MBV Engineering, Inc. will tabulate and analyze, as required by FDEP, historical plant operating data, which documents plant operating conditions for the duration of the current operating permit. Plant operating data will be provided by Indian River County Utilities (IRCU) staff as specified in the "Information Provided by Owner' section found within this Scope of Services. Task 3 — Preparation and Submittal of FDEP Permit Renewal MBV Engineering, Inc will prepare and provide to IRCU, the following applications and forms necessary to obtain the facility's required operating permit. After IRCU approval MBV Engineering, Inc will then provide the applications and forms to FDEP. 1. FDEP Wastewater Facility or Activity Permit Form I - DEP Form 62-620.910(1) 2. FDEP Wastewater Facility or Activity Permit Form 2A - DEP Form 62-620.910(2) .3 n. Application to renew shall include updated Capacity Analysis Report (62-600.405) 4. Application to renew shall include detailed Operation and Maintenance Report (62-600.735) Task 4 — Preparation of FDEP Required Backup Documentation MBV Engineering, Inc. will provide to FDEP and IRCU the following backup documents, maps, and diagrams that 'are necessary to obtain the facility's required operating permit. 1. Process Flow Diagram 2. Site Plan 3. Location and Vicinity Maps 4. Facilities Description Task 5 —Attendance at FDEP Meeting/Site Inspection Necessary to Close-out New Permit MBV Engineering, Inc will attend the final walk through meeting/inspection that is normally necessary in order to finalize the permitting process. This on-site meeting is usually attended by both FDEP and county personnel as well as a representative of the engineering firm in order to discuss the details of the WWTF and what, if any, plant issues need to be addressed. 74 t Mr. Vincent Burke June 29, 2016 Page 3 of 5 . Project Number: 16-0244 SCHEDULE MBV Engineering, Inc will prepare the pen -nit renewal application in a timely ;Wanner. The renewal application for the Indian River County, South County WWTF and all supporting documentations specified above will be submitted and IRCU on or before September 25, 2016. After approval by the IRC the application and supporting documentation will then be submitted to FDEP on or before October 25, 2016. FEES MBV Engineering, Inc will provide these services for a lump sum fee as follows: Task 1 — Site Inspection $ 2,250 Task 2 — Tabulation of Plant Operating Data (supplied by County) $ 2,500 Task 3 — Preparation & Submittal of FDEP Permit Renewal $ 11,500 Task 4 — Preparation of FDEP required backup documentation $ 4,500 Task 5 — Attendance at FDEP Meeting/Site Inspection Included Total $ 20,750 This fee schedule assumes the subject plant is not under enforcement action, has no outstanding violations and is operating with no substantial deficiencies. Should involvement with enforcement action or violation be required and/or should responses to FDEP be required to address plant deficiencies resulting from the permit submittal, our services will be available and additional scope, if required, will be coordinated with IRCU prior to commencement. ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project, but may be required depending on circumstances that may arise during the execution of this project. Additional services include, but may not be limited to the following: • Additional site visits that are not described in the Scope of Services • Attendance at meetings that are not described in the Scope of Services • Reponses to agency requests for additional information beyond what is listed herein • Research of FDEP/client files to obtain information necessary for permitting • Preparation of updated Effluent Disposal and Reclaimed Water Use Protocol (if requested by FDEP) • Preparation of updated Reuse Feasibility Study (if requested by FDEP) • Preparation of updated Operation & Maintenance Manual (if requested by FDEP) Mr. Vincent Burke June 29, 2016 Page 4 of 5 Project Number: 16-0244 REQUIRED INFORMATION TO BE PROVIDED BY OWNER: The Owner shall provide the following information related to the Indian River County South County Wastewater Treatment Facility, FDEP Permit Renewal: • Access to the facility for site inspection(s) • Last 4 years of .DMRs • Current operating permit • Residuals Dewatering Permit • Current Reclaimed Water or Effluent Analysis Report • Current Effluent Disposal and Reclaimed Water Use Protocol • Current Reuse Feasibility Study • RPZ certification(s) • Flow meter calibration report(s) • Violations / Inspections from FDEP • List of Modifications to WWTF since the last permit renewal (2011) • Agreements with Individual Users of Reclaimed Water • Operation Manager's name & certification number • Chief Plant Operator's name & certification number • Sample Testing Laboratory — Name, Address & Certification Number • Year facility was placed into service • Name and title of person signing applications for renewal • Residual Hauler Agreement — Facility information: name, address, phone, ID number, and treatment process • Provide existing facility volumes (i.e. aeration basins, chlorine contact chamber, etc.) either from design plans or recent permit renewal plans. Invoices for our services will be billed upon submittal of the FDEP Permit Renewal Application, with payment due upon your receipt of the invoice. A service charge of 1-% % per month will be billed for late payments. We are available to begin work described herein upon our receipt of your written acceptance of this proposal/contract. This proposal is valid if accepted within ninety (90) days from the date of this proposal/contract. Should you require further information or clarification, please call 76 Mr. Vincent Burke June 29, 2016 Page 5 of 5 Project Number: 16-0244 Sincerely, MBV Engincering, Inc. Aaron Bowles. VE, Vice President AB/jell Accepted and Agreed to this — — day of Signature Witness Witness 20 PURSUANT TO FLORIDA STATUTES SECTION 558. 0035 (2013) AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. VIVA WORK ORDER NUMBER #3 1R.CUD South County WWTF Permit Renewal This Work Order Number _3_is entered into as of this _1_ day of_July L' 2086, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November l5,Z011' and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4 1h 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 IVIBV Engineering, , Inc. The COUNTY has selected the Consultant to perform the professionalservices set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), attached to this Work Order and made a part hereof bythis reference. The Consultant will perform the professional services within thetinnefrarne more particularly set forth in Exhibit (lOrne Schedule), attached tothis Work Order and made a part hereof bythis reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant toparagraph 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 asiffully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS knginee OF INDIAN RIVER COUNTY Bob Solari, Chairman Title: Vice President BCC Approved Date: Attest: 0LSmith, Clerk mVCourt and Comptroller By: Approved as to form and legal sufficiency: ��n E. Brown, Dylan T. Reingold, County Attorney Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Michael Smykowski to l Director, Office of Management & Budget Date: July 6, 2016 Subject: Miscellaneous Budget Amendment 022 Description and Conditions The attached budget amendment appropriates funding necessary for the following: 1. On July 5, 2016, the Board of County Commissioners approved a budget amendment for start- up costs at the Indian River County Shooting Range new Skeet & Trap Facility. The attached entry appropriates funding in the amount of $ 95,603 from MSTU Fund/Cash Forward -Oct 1St Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2015/2016 budget. Attachments Budget Amendment 022 and Resolution APPROVE ENDA BY: Jasoq E. Prown Coun y ministrator FOR: July 12, 2016 Indian River County A r Date Administrator 7 Legal Budget VIA Department Risk Management 79 RESOLUTION NO. 2016- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2015-2016 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2015-2016 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2015-2016 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2015-2016 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Joseph E. Flescher, Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2016. Attest: Jeffrey R. Smith Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners Bob Solari, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY COUNTY ATTORNEY 80 Exhibit "A" Resolution No. 20116 - Budget Office Approval: �'"`��- ! (� Budget Amendment: 022 Michael Smykowski, Budget Director Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue MSTU Fund/Non-Revneue/Cash Forward Oct 1st 004039-389040 $95,603 $0 Expense MSTU Fund/Shooting Range/Salaries 00416172-011120 $6,636 $0 MSTU Fund/Shooting Range/Part Time Salaries 00416172-011130 $5,558 $0 MSTU Fund/Shooting Range/Social Security 00416172-012110 $803 $0 MSTU Fund/Shooting Range/Health & Life Insurance 00416172-012130 $1,022 $0 MSTU Fund/Shooting Range/IOPEB 00416172-012160 $274 $0 MSTU Fund/Shooting Range/Retirement 00416172-012120 $1,007 $0 MSTU Fund/Shooting Range/Workees Compensation 00416172-012140 $224 $0 MSTU Fund/Shooting Range/Other Equipment & Machinery 00416172-066490 $65,100 $0 MSTU Fund/Shooting Range/Dues-Membership 00416172-035420 $3,000 $0 MSTU Fund/Shooting Range/Operating Supplies 00416172-035290 $11,979 $0 81 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 30, 2016 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manag 4 SUBJECT: Approval of Award for Bid 2016032 — South County WTP Well No. 7 Raw Water Pipeline BACKGROUND: The Department of Utility Services requested the solicitation of sealed bids for the construction of a raw water pipeline to carry water from a new production well (Well No. 7, which will be constructed under a separate contract), to the South County RO WTP. BID RESULTS: Bid Opening Date: June 1, 2016 Advertising Date: April 27, 2016; Demandstar Broadcast to: 589 Subscribers Specifications/Plans Downloaded by: 35 Vendors Replies: 2 Vendors Bi.dder.; location' Tot 1 a Bid Blue Goose Construction, LLC Fort Pierce $154,319.50 Timothy Rose Contracting, Inc. Vero Beach $169,349.00 ANALYSIS: The Department of Utility Services and its consulting engineer, Kimley-Horn and Associates (KHA) have reviewed the bids received and the department has made its recommendation of award to the lowest, responsive and responsible bidder, Blue Goose Construction, LLC for the total contract amount of $154,319.50. The engineer's opinion of probable cost was $150,000.00, or just 2.9% under the lowest bid. SOURCE OF FUNDS: Funding in the amount of $154,319.50 is available in the capital account (471-169000-14506) within the operating fund. The operating fund is derived from water and sewer sales. 82 CONSENT AGENDA RECOMMENDATION: Staff recommends the Board award Bid 2016032 to Blue Goose Construction. Staff further recommends the Board approve the attached agreement and authorize the Chairman to execute it upon: review and approval by the County Attorney as to form and legal sufficiency, the approval of the required Public Construction Bond by the County Attorney, and the review and approval of the required insurance by Risk Management. Attachment: Agreement APPROVED AG /�,A� ITEM/ BY: / ` C Jason E. FOR: Jul County Administrator Indian River Co Appr a Dat Admin fj - Legal Budget Department Risk E:1Cj Agreement Bid No. 2016032 South County Water Treatment Plant Well No. 7 Raw Water Pipeline THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Blue Goose Construction, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents as set forth in Article 8 of this Contract. The Work is generally described as follows: Contractor as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material and equipment to perform the work as specified or indicated in the Contract Documents and per FDEP, the Indian River County Department of Utility Services and County Engineering Department standards. The work is generally described as follows: The proposed work generally consists of furnishing all labor, materials, tools and equipment to construct approximately 1,350 LF of 12 -inch PVC watermain, construct approximately 210 LF of 16 -inch HDPE water main via horizontal directional drill under the park entrance, and install all necessary fittings and restraints shown on the project plans. All work will include maintaining traffic control, complete restoration and all other appurtenant and miscellaneous related items and work for a completed project. It is the intent of the Indian River County Department of Utility Services to obtain complete and working installations under this contract and any items of labor, equipment, and materials that may reasonably be assumed as necessary to accomplish this end shall be supplied whether or not they are specifically stated herein. All work as shown on the construction plans will be done in accordance with the Indian River County Department of Utility Services Water & Wastewater Utility Standards, (December 2015) or latest edition, unless specified differently in the individual Work Authorizations or changed by the Engineer or his representative. The work is located in the South County Park directly east of the South County Water Treatment Plant on 20th Avenue, North of Oslo Road. The construction of the utility improvements described above shall also consist of, but not limited to: resetting of existing facilities disturbed during construction; utilities exploration; coordination with any permitting agencies; trenching; clearing and tree removal; dewatering; installation of pipe, structures and all appurtenances; fittings and restrainers; soil backfill compaction; testing; (including backfill and subgrade testing); road, landscape and driveway restoration; re -grading and grassing (sod); mobilization, demobilization and traffic control. No excavation shall be left open when work is not actively being performed. Construction fencing used in the work area shall not block sight distance near intersections or driveways. All construction equipment and materials shall be stored in a manner that does not disrupt park operations. The park entrance shall remain open and operational throughout construction. Section 00530-1 84 The Contractor is responsible for obtaining all necessary permits. County has obtained the necessary Florida Department of Environmental Protection Potable Water System Component Construction Permit. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be generally described as follows: Project Name: South County Water Treatment Plant Well No. 7 Raw Water Pipeline Bid Number: 2016032 Project Address:. South County Park, 20th Avenue and Oslo Road. ARTICLE 3 — TERM AND CONTRACT TIMES 3.01 The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 60 calendar days from effective date of Notice to Proceed, Contractor shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized in the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Mobilize all labor, equipment, and materials. 6. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. 9. Construct the water main, including the portion to be installed via horizontal directional drill. (b) Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. (c) From 60 calendar days to 90 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. 3.02 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.03 Liquidated Damages CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph -3.01 above, plus any extensions thereof allowed in writing as a change order Section 00530-2 M to this Agreement. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $450.00 for each calendar day that expires after the time specified in paragraph 3.01 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $154,319.50 Written Amount: one hundred fifty four thousand three hundred nineteen dollars and fifty cents ARTICLE 5 - COMPENSATION CONTRACTOR shall submit Applications for Payment on a monthly basis. Applications for Payment will be processed by ENGINEER as provided in the Contract Documents. 5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 ET. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents, Pursuant to Florida Statutes section 218.735(8) (b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.2 Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Section 00530-3 M Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a. pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8) (c) (2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release , from the County as OWNER of the withheld retainage until the final pay request. 5.3 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the Agreement. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.01 The CONTRACTOR shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the COUNTY'S Risk Manager. 6.02 CONTRACTOR shall procure and maintain, for the duration of this Agreement, the minimum insurance coverage as set forth herein. The cost of such insurance shall be included in the CONTRACTOR's fee: A. Workers' Compensation: To meet statutory limits in compliance with the Workers'. Compensation Law of Florida. This policy must include employers' liability with a limit $1,000,000 for each accident, $500,000 disease policy limit and $100,000 disease each employee. Such policy ishall include a waiver of subrogation as against Owner on account of injury sustained by an employee(s) of the CONTRACTOR. B. General Liability: A per occurrence form policy, including Premise Operations, Independent Contractors, Products and Completed Operations including X, C, U (Explosion, Collapse, Underground) Broad Form Property Damage, Broad Form Property Damage Endorsement, with a combined single limit of not less than $1,000,000 general aggregate to include products/completed operations, personal injury/advertising liability, fire damage /legal liability, and medical payments. Limits can be layered with an Excess Liability Policy (Umbrella). C. Business Automobile Liability: Coverage shall include Owned vehicles and Hired/Non- Owned vehicles, for a combined single limit (bodily injury and property damage) of not less than $1,000,000/combined single limit (Bodily Injury/Property Damage); personal injury protection -- statutory limits; $300,000 uninsured/underinsured motorist; Section 00530-4 L-Im $300,000/hired/non-owned auto liability. Limits can be layered with Excess Liability Policy (Umbrella). 6.03 Contractor's insurance coverage shall be primary. 6.04 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A -VII or better. 6.05 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 6.06 A certificate of insurance, shall be provided to the COUNTY's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The COUNTY shall be named as an additional insured on all policies except workers' compensation and professional liability. 6.07 The insurance companies selected shall send written verification to the COUNTY's Risk Manager that they Will provide 30 days prior written notice to the COUNTY's Risk Manager of its intent to cancel or modify any required policies of insurance. 6.08 CONTRACTOR shall include all Subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverages for Subcontractors shall be subject to all of the requirements stated herein. 6.09 The COUNTY, by and through its Risk Manager, reserves the right periodically to review any and all policies of insurance and to reasonably adjust the limits of coverage required hereunder, from time to time throughout the term of this Agreement. In such event, the COUNTY shall provide the CONTRACTOR with separate written notice of such adjusted limits and CONTRACTOR shall comply within thirty (30) days of receipt thereof. The failure by CONTRACTOR to provide such additional coverage shall constitute a default by CONTRACTOR and shall be grounds for termination of this Agreement by the COUNTY. 6.10 The CONTRACTOR shall indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, arising out of or related to the negligence, recklessness, or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this Agreement. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. Section 00530-5 M D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface., and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 1. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE $ - CONTRACT DOCUMENTS 8.01 The Contract Documents consist of the following: A. This Agreement B. Certificate of Liability Insurance C. Invitation to Bid 2016032 D. Addenda (numbers 1 to 1 , inclusive); E. CONTRACTOR'S Bid Form F. Bid Bond G. 00431 Schedule of Subcontractors H. 00452* Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure ofRelationships Section 00530-6 M, I. 00454 Sworn Statement Under the Florida Trench Safety Act J. 00456 General Information Required of Bidders K. Specifications bearing the title "South County Water Treatment Plant Well No. 7 Raw Water Pipeline" as listed in the table of contents hereof L. Drawings (1-10), inclusive with each sheet bearing the following general title "Well No. 7 at South County Water Treatment Plant Raw Water Pipeline", inclusive M, Public Construction Bond N. Notice to Proceed 9.01 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONTRACTOR or employees or Subcontractors of the Contractor are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 9.02 Invitation to Bid. It is specifically understood and acknowledged by the parties hereto that all of the requirements set forth in the Invitation to Bid dated April 2016 (including addendum 1) shall be incorporated herein. 9.03 Merger; Modification. This Agreement, incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall, be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONTRACTOR and the OWNER. 9.04 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.05 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement Section 00530-7 90 of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 9.06 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this. Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 9.07 Availability of Funds. The obligations of the OWNER under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 9.08 No Pledge of Credit. The CONTRACTOR shall not pledge the OWNER's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. 9.09 Public Records. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the County to perform the service. B. Upon.request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. D. Upon completion of the contract, t ' ransfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS Section 00530-8 a] RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian. River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 F. Failure of the CONTRACTOR to comply with these requirements shall be a material breach of this Agreement. 9.10 Notices. Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods- (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receiptrequested at the addresses of the parties shown below: County: Indian River County Attn: Arjuna Weragoda, P.E. 1801 27th Street Vero Beach, FL 32960 Contractor: Blue Goose Construction, LLC Scott Holmes, Vice President 9901 Okeechobee Road Fort Pierce, FL 34945 Notices shall 'be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be Mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 9.11 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by CONTRACTOR shall survive the termination or expiration of this Agreement. 9.12 Construction, The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement I Section 00530-9 92 9.13 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 9.14 Sovereign Immunity. Nothing in this Agreement is intended to, or shall be interpreted to, constitute a waiver or limitation of the OWNER's sovereign immunity.IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTORoron their behalf. This Agreement will be effective on July 12, 20 16 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Bob Solari, Chairman 0 Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 0 Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Clerk of Court and Comptroller (SEAL) Designated Representative: Name: Title: Contact Info: Section 00530-10 CONTRACTOR: M (Contractor) (CORPORATE SEAL) Attest Address forgiving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 93 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION CONSENT AGENDA 40. DATE: June 30, 2016 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykows�Udget Director FROM: Jennifer Hyde, Purchasing ManageYl_ SUBJECT: Recommendation of Award for RFP No. 2016024 — Round Island Riverside Park Boardwalk Replacement BACKGROUND: Indian River County owns, operates and maintains Round Island Riverside Park located on the eastern shore of the Indian River Lagoon. On March 24, 2015, the Board of County Commissioners authorized staff to apply to the Florida Inland Navigation District (FIND) Waterways Assistance Program (WAP) cost -share funding for improvements to Round Island Riverside Park, including replacement and repair of the 380 foot observation/fishing boardwalk adjacent to the boat ramp, as well as rebuilding and repaving the drive, parking lot, boat ramp approach and trailer parking area. On May 12, 2015, the Board approved Resolution 2015-059 entering into a formal grant agreement with FIND. Project Element Estimated Cost County Cost . FIND!Cost Replacement of Observation boardwalk $90,000.00 $0 $90,000.00 Rebuild and Repave Access Drive, Parking Lot, Boat Ramp Access and Trailer Parking Area $188,000.00 $188,000.00 $0 Total $278,000.00 $188,000.00 $90,000.00 A request for proposals was issued to obtain the services of a qualified contractor to perform the boardwalk improvements project element. RFP RESULTS: Advertising Date: RFP Opening Date: DemandStar Broadcast to: Specifications Requested by: Replies: April 3, 2016 May 5, 2016 at 2:00 pm 493 Subscribers 28 Firms 3 Firms Proposing Firm- Location Ferreira Construction Stuart Surnmerlin's Marine Construction, LLC Fort Pierce Underwater Engineering Services, Inc. Fort Pierce 94 CONSENT AGENDA ANALYSIS: An evaluation committee comprised of the Conservation Lands Manager, Parks Superintendent, and Coastal Engineer independently evaluated and scored the proposals in accordance with the Purchasing Manual. These scores were compiled by the committee and an overall ranking of the submittals developed. The committee determined interviews were not necessary. The final ranking established by the committee is: 1. Summerlin's Marine Construction, LLC 2. Underwater Engineering Services, Inc. (UESI) 3. Ferreira Construction After the public selection committee meeting on May 25, 2016, UESI submitted a protest regarding the mandatory pre-bid meeting, which took place on April 20, 2016. Both the RFP documents and County Purchasing Manual state any protest must be made within seven days of when the party knew or should have known the facts leading to their protest. As such, the protest was denied and UESI has not indicated an intent to appeal this protest to the Board. FUNDING: Summerlin's price proposal for boardwalk repairs, decking replacement and replacement of top and intermediate guide rails was $92,600.00. FIND will reimburse the County for up to $90,000 toward the boardwalk repairs upon completion of both elements (boardwalk and paving) of the project have been completed. The grant requires both phases be completed by September 30, 2017. Funding for this vroiect element is available as follows - Account Number Account Description Project Cost 10921441-066510-16015 Secondary Roads/Round Island Riverside $182,000.00 Budget Improvements General Services 13321072:066510-16015 Florida Boating Improvement Plan/Round $96,000.00 Island Riverside Improvements RECOMMENDATION: Staff recommends the Board approve the committee's final ranking and award the project to Summerlin's Marine Construction, LLC. Staff also recommends the Board approve the attached agreement and authorize the Chairman to execute it upon: review and approval by the County Attorney as to form and legal sufficiency and the review and approval of the required insurance by Risk Management. ATTACHMENTS: UESI Protest Letter Purchasing Response to Protest Agreement APPROVED AGEND EM / BY: Jason E. Bro n, C unty A FOR: July 1 . 016 Indian River Co Apprqwet Date Admin Legal Budget General Services J1 • f • / Environmental Planning 95 (20, Underwater Engineering Services, Inc. May 25, 2016 Jennifer Hyde, Purchasing Manager Indian River County Purchasing Department 1800 27th Street Vero Beach, FL 32960 Subject: Round Island Riverside Park Boardwalk Replacement - RFP #2016024 Regards: Protest of RFP #2016024 Dear Mrs. Hyde, In respect to all the associated contractors who attended the Mandatory Pre -Submittal meeting and submitted a proposal, UES1 request that this Protest be accepted in subject to RFP #2016024. It was stated in the first page of the RFP that the Pre -Submittal Meeting was Mandatory and all attendees "Must be signed in by 9:00 to be considered in attendance." Surnmerlins Marine was late to the meeting and should not have been allowed to sign in and submit a proposal. All the County Representatives and other Contractors were in attendance prior to 9:00 and the meeting did not start until Summerlins' representative arrived past 9:00. Attached to this letter you will find the RFQ and the attendance sheet of Addendum 1. in respect to your rules and especially to the other contractors that dedicated their time to this RFQ, we hope that you consider this Protest during the rest of your evaluation. Respectfully, A Andrew Connelly UES! 3306 Enterprise Road, Ste. 103 0 Fort Pierce, Florida 34982 Phone: 772-337-3 116 0 Fax: 772-337-0294 An Equal Opportunity Employer BOARD OF COUNTY COMMISSIONERS May 26, 2016 Mr. Andrew Connelly Underwater Engineering Services, Inc. 3306 Enterprise Road Fort Pierce, FL 34982 aconnellv@uesi.com Reference: Decision Regarding Protest of Indian River County Request for Proposals (RFP) 2016024 — Round Island Riverside Park Boardwalk Replacement Dear Mr. Connelly: We are in receipt of your letter of May 25, 2016 protesting the determination of Summerlin's Marine Construction as being in attendance for the mandatory pre -submittal meeting on April 20, 2016, and therefore their eligibility to respond to the RFP. After review, the protest is denied. Background Prior to the commencement of the meeting, I noted a vehicle approaching the parking area next to the picnic pavilion where the meeting was being held and elected to wait a moment to determine if it was another potential proposer. The Purchasing Manual provides authority to waive any technicality that does not result in an unfair advantage or disadvantage to any person responding,to the bid invitation or solicitation request. As the meeting had not yet begun and no formal discussion regarding the project had taken place, no advantage or disadvantage resulted. The vehicle was occupied by a representative of Summerlin's Marine Construction, and she did complete the sign in sheet prior to the sheet being collected and sign in closed. My recollection is that she signed in only a moment or two after 9:00 a.m. Basis for Denial of Protest Page 8 of the RFP documents describe the protest procedures and states: "The protest shall be submitted to the Purchasing Manager in writing within seven (7) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest." The meeting was held on April 20, and Addendum #1, providing copies of the sign in sheet was released that same day, both on Demandstar and by direct email to those who attended the meeting. A protest regarding the pre-bid meeting attendance was required to have been made by April 27, 2016. Further, proposals were received and accepted and an RFP tabulation listing the three proposals accepted was published via Demandstar on May 5, 2016. A protest of our acceptance of Summerlin's proposal was required by May 12, 2016. Office of Management and Budget • purchasing Division 1800 27`n Street, Vero Beach, Florida 32960•(772) 226-1416•Fax: (772) 774-5140 E-mail: purchasing@ircgoy.com 97 toUES/Protest Conclusion ShouldU28disagree with the denial ofthe protest and the basis described inthis response, you m . appeal this decision to the Board of County [omrnbsionenso,��r . To do �as required by the [uwntyxotes procedure, s vvrbtennp1icofapppa|shaUbesubmbtedbytheprotestortothePurzhasin8K8anagervxbhinseven(7)ca|end'r days ofreceipt ofthis decision. If properly noticed, the appeal would be conside . red by the Board when it meets to consider the recommended final ranking of the RFP, tentatively scheduled for June 14, 2016. � Please feel free to contact me at 226-1575 or by email at Jhyde@irqgov.com if you have any questions regarding Sincerely,the protest protedure. , .� un�etry�~ u _n_- Purchasing Manager � cc Sunnnnerkn'sMarine Construction Ferre iraConstruction [o,Inc. . m 98 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Summerlin's Marine Construction, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Round Island Riverside Park Boardwalk Replacement ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: RFP Number: Project Address: ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence Round Island Riverside Park Boardwalk Replacement 2016024 2201 South Highway A1A, Vero Beach, FL A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 120th day after the date permits are issued by the COUNTY. Application for permit shall be made within 30 days of notice of award. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sure of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Price Proposal, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Page 1 of 7 99 Numerical Amount: $92,600.00 Written Amount: Ninety-two thousand six hundred dollars and zero cents ARTICLE 5 - PAYMENT PROCEDURES 5.01 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion 'of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under Request for Proposal Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.02 Pay Requests. A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Page 2 of 7 100 Payment Act, In such event, payment and retainage provisions shall be governed bvthe applicable grant requirements and guidelines. 5.04 Acceptance ofFinal Payment usRelease. A. The acceptance bythe CONTRACTOR of final payment shall beand shall operate aoa release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may bespecifically excepted bvthe CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others re|atih# to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement orthe Request for Proposals. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, tothe extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed orutilized bythe CONTRACTOR inthe performance ofthe Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 |norder toinduce OWNER to enter into this Agreement CONTRACTOR makes the following re A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Request for Proposal documents. 8.CONTRACTOR has visited the Site and become familiar with and is satisfied asto the general, local, and Site conditions that may affect cost, progress, and performance ofthe Work, C. CONTRACTOR is familiar with and is satisfied astoall federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguoustotheSbe 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 mneans, methods, techniques, sequences, and procedures ofconstruction, ifany, expressly required bythe Contract Documents to6eemployed byCONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Page 3 of 7 101 F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 8, inclusive); 2. Certificates of Liability Insurance 3. Request for Proposals Document 2016024 4. Addenda (1 and 2) 5. CONTRACTOR'S Proposal; 6. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 18 to 19, inclusive); 7. The following which maybe delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms Page 4 of 7 102 A. Terms used in this Agreement will have the meanings indicated in the Request for Proposals. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the, effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be Void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. Page 5 of 7 103 (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, AT: (772) 226-1424 publicrecordsPirtgov.corn Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Page 6 of 7 104 IN WITNESS WH RB3F, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed oridentified hyOWNER and CONTRACTOR orontheir behalf. This Agreement will be effective on 20 (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR; INDIAN RIVER COUNTY (CORPORATE SEAL) Jason E.Brown, County Administrator APPROVED ASTOFORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Address for giving notices:. Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk ~.E.^ Designated : manoe: Address: Phone Email Page 7 of 7 License No. applicable) Agent for service ofprocess: ________ Designated Representative: Name' Phone: Email: (if CONTRACTOR is a corporation or a partnership, 105 CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 30, 2016 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, o �nty Administrator Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Recommendation of Award for RFP No. 2016042 — Automated Teller Machine Services BACKGROUND: There are currently two Automated Teller Machines (ATMs) installed in Admin Buildings A and B. The machines are owned by Oculina Bank and were placed in 2012 as the result of a request for proposals (RFP) process. The current agreement expires on August 15, 2016, with no renewals available. Because the machines continue to provide convenience to residents visiting the facilities as well as employees, an RFP was issued to facilitate continuation of service. RFP RESULTS: Advertising Date: RFP Opening Date: DemandStar Broadcast to: Specifications Requested by: Replies: Oculina Bank June 5, 2016 June 24, 2016 at 2:00 pm 88 Subscribers 12 Firms 1 Firm Vero Beach ANALYSIS: As for all of our RFPs, RFQs and Bids, the RFP was advertised in the Indian River Press Journal, listed on the County web site and emails were sent to the bid subscribers list. Purchasing staff also reached out to local banks to notify them of the RFP's pending release. The proposal received from Oculina Bank was determined to be responsive and included all requested information. A selection committee was not convened, as there is no need to develop a ranking of respondents. Oculina proposes to continue providing ATM service with the existing equipment and maintaining the maximum transaction fee of $1.50 per withdrawal. No other fees are proposed. Staff has been content with the service provided by Oculina and the ATMs have required almost no staff involvement. 106 CONSENT AGENDA FUNDING: No separate funding is required. Cost of electrical service is negligible and will be funded out of the Facilities Management budget for electrical service. RECOMMENDATION: Staff recommends the Board award the RFP to Oculina Bank. Staff also recommends the Board approve the attached agreement, effective for a 36 -month term, with two additional 12 -month extensions available, and authorize the Chairman to sign after the County Attorney has reviewed it for legal sufficiency. ATTACHMENTS: Agreement APPROVED AGEITEM Indian River Co Ap Date BY: Admin Legal Jason E. Bown, County A ministrator Budget ?� Department FOR: July 2, 2016 Risk Al.• ' 107 Agreement THIS AGREEMENT made and entered into this day of by and between Oclulina Bank, hereinafter called the ATM Owner and Indian River County, 180127 th St. Vero Beach, FL. hereinafter called the County. WITNESSED: That whereas, the COUNT' andtheATKAOvvnerogreeassetforthbekow/: 1. BASIC AGREEMENT Asper specifications ofadvertised and sealed Indian River County Request for Proposal #2O16O42: It is hereby agreed that ATM Owner is granted the exclusive right tosecurely install, maintain, repair, and insure an automated teller machine ("ATM") at each of the locations indicated at no cost or obligation to the County. There will be no County participation in the operation or maintenance of the ATM. 2. FILLING THE MACHINE . It shall be the responsibility of the ATM Owner to maintain sufficient funds in the machine and replenish the ATM with cash. 3. ELECTRICAL REQUIREMENTS The County shall be responsible for the electrical line installation (standard 110 volt outlet), and the ongoing monthly cost for electrical service. ATM Owner, at its discretion and expense, shall connect the ATM through a wireless device. 4.INSTALLATION &&MAINTENANCE ATM Owner shall install o, contract installation of the ATM. For insurance requirements and security purposes, the ATM must be bolted to the floor. ATM Owner shall provide all labor involved with service and maintenance of the ATM, including supplies. ATM Owner shall provide 24-hour customer help and technical support. A Toll Free number shall be prominently displayed on the front of the ATM for customers to call for assistance. S. SIGNAGE ATM Owner shall be allowed to erect ATM signage, subject to review and approval by the County, as necessary to attract ATM business. Signage shall not be placed in view from the exterior ofthe building. 6.TERM 0fAGREEMENT This Agreement shall be in effect for a term of thirty six (36) months. The County retains the right to automatically renew this Agreement with the consent ofATM Owner, under the same terms and conditions, for two additional twelve (12) month terms. Additional terms and/or services may be added to this Agreement upon satisfactory negotiation of terms between the County and ATM Owner. ATM Owner must receive written notification from the County to cancel no less than 60 days prior to the end of the initial term. Upon removal of the ATM, ATM Owner is not responsible for restoring the County's property to its pre- installation condition (i.e. replacing flooring), unless caused by negligence or intentional damage. 7. MAXIMUM WITHDRAWAL LIMIT & SURCHARGE The maximum withdrawal limit per transaction and ATM Consumer Fees shall be in accordance with the attached submitted Proposal Pricing Form. No other fees will be charged. 8. TERMINATION The parties agree that this agreement may be cancelled by either party with 30 days written notice. Upon removal of the ATM, the ATM Owner is not responsible for restoring the County's property to its pre- installation condition (i.e. replacing flooring), unless caused by negligence or intentional damage. 9. LIABILITY INSURANCE AND INDEMNIFICATION ATM Owner shall insure the ATM and the cash used to load it. ATM Owner shall name the County as an additional insured party under its commercial general liability insurance policy and supply the County with proof of insurance. ATM Owner shall indemnify and hold harmless the County from all suits, actions or claims including reasonable attorney's fees, of any character brought on account of any injuries or damages received or sustained by any person, persons, or property by or from the use of the ATMs or by or in consequence of any liability losses, misconduct or negligent act or omission of ATM Owner its agents or employees in connection with the operation of the ATMs. 10. ASSIGNMENT OF AGREEMENT If ATM Owner is unable to provide the services outlined in this agreement, ATM Owner has the right to assign this agreement to a third -party ATM provider approved by the County prior to the assignment date. Any assignment would be for the same terms and conditions as the original agreement. 11. VENUE This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 12. ATM LOCATIONS One {1} ATM is to be located on the first floor at each of the following locations: Indian River County Indian River County Administration Building "A" Administration Building "B" 180127th Street, Vero Beach, FL 32960 180027 th Street, Vero Beach, FL 32960 109 IN WITNESS WHEREOF, the undersigned duly authorized representatives of the parties have executed this ATM Installation and Maintenance Agreement. ATM OWNER Authorized Officer (Print Name) Signature of Authorized Officer Witnessed by: APP h- - V 'v — Jason E. row County Administrator Approved as to Form and Legal Sufficiency BY County Attorney Indian River County, Florida Bob Solari, BCC Chairman Approved by BCC Attest: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller By: Deputy Clerk 110 INDIAN RIVER COUNTY., FLORIDA 2D BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Directo FROM: James D. Gray; Jr. Coastal Engineer (9 SUBJECT: Letter to US Representative Lois Frankel regarding Sand for Federal Beach Nourishment Projects DATE: July 1, 2016 DESCRIPTION AND CONDITIONS On May 10, 2016, staff updated the Board relative to the Federal Government using beach compatible offshore sand from the Treasure Coast for Federal beach projects in Miami -Dade County. Resulting from concerns expressed by the County Beach and Shore Preservation Advisory Committee (Beach Committee), the Board directed staff to move forward with coordinated responses with Martin and St. Lucie Counties on the use of offshore sand from the Treasure Coast. To date, staff has had several conversations with St. Lucie and Martin Counties on this issue. On June 9, 2016, Chairman Solari transmitted a letter to Representative Lois Frankel thanking her for the ongoing efforts to amend federal law to permit the U.S. Army Corps of Engineers to consider and use non-domestic sand during federal beach nourishment projects. The letter is attached to this agenda item. As a follow-up to Chairman Solari's letter, the Beach Committee requests the Board authorize the Beach Committee to send out their own letter in support of US Representative Lois Frankel's efforts to amend Federal Law to allow the U.S. Army Corps of Engineers to more easily explore the possibility of using non-domestic sand during Federal beach nourishment projects. The letter dated June 27,' 2016, signed by Beach Committee Chairman Mike Ochsner, is attached to this agenda item. FUNDING This item does not require use of County funds. RECOMMENDATION Staff recommends the Board support the Beach Committee's request to send their own letter of support to US Representative Lois Frankel. ATTACHMENT 1. June 9, 2016 Letter from Chairman Solari 2. June 27, 2016 Letter from Beach Committee Indian River County AppcQted Date Administration 714111ell Budget 5___ZT6 Legal W4- 7-H6 Public Works Coastal Engr. Division JD6 1-411W 111 Bob Solari Chairman District 5 Joseph E. Flescher Vice Chairman District 2 BOARD OF COUNTY COMMISSIONERS June 9, 2016 Representative Lois Frankel 1037 Longworth House Office Building Washington, DC 20515 Dear Representative Frankel, Wesley S. Danis District 1 Tim Zorc District 3 Peter D. O'Bryan District 4 Thank you very much for your ongoing work to amend federal law to permit the U.S. Army Corps of Engineers (the "USACE") to consider and use non-domestic sand during federal beach nourishment projects. We support your efforts and urge you to continue your work as the Water Resources Development Act moves to House floor. As you know, all local domestic offshore sand resources near Miami -Dade and Broward counties in southeast Florida have been exhausted by past beach nourishment projects. Despite the fact that large quantities of sand are available approximately 60 miles east of Miami Beach along the Great Bahama Ban, the USACE lacks the authority to acquire non-domestic sand sources per Section 935 of the Water Resources Development Act of 1986 ("WRDA 1986"). Rather, WRDA 1986 restricts the USACE to use available domestic sand resources. According to the most recent study conducted by the USACE, the closest available domestic sand resources are located approximately 130 miles to the north of Miami -Dade County offshore of St. Lucie and Martin counties. The Indian River County Board of County Commissioners opposes the dredging and removal of bulk ocean sand from Martin and St. Lucie counties to benefit Miami -Dade and Broward counties. Indian River County is also concerned that its offshore sand resources will be targeted once the resources near Martin and St. Lucie counties are depleted. Your efforts would simply create options. The amendment does not mandate whether domestic or non-domestic sand should be used but rather would allow the USACE to use non-domestic sand if the USACE determines it is practical. Moreover, this could offer savings to the federal government and local sponsors due to lower transportation costs. 1801 27"' Street, Building A Vero Beach, FL 32960 (772) 226-1490 112 Representative Lois Frankel June 9, 2016 Page Two Thank you for your continued work on this issue. Sincerely, Bob Solari Chairman BS:kpc Enclosure: Resolution 2016-007 cc: Senator Bill Nelson Senator Marco Rubio Representative Bill Posey Representative Patrick Murphy 113 RESOLUTION NO. 2016- nn7 _ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA OPPOSING THE UNITED STATES ARMY CORPS OF ENGINEERS PROPOSED PLAN TO DREDGE AND RELOCATE BULK OCEAN SAND FROM MARTIN AND ST. LUCIE COUNTIES TO MIAMI-DADE COUNTY. WHEREAS, Indian River County is located on the Atlantic Coast of Florida; WHEREAS, Indian River County has established a Beach Preservation Plan and a Beach Preservation Fund to provide strategy and funding for beach restoration activities; and WHEREAS, offshore beach compatible sand sources exist immediately offshore of Indian River County and are critical to the County's beach management program; and WHEREAS, the United States Army Corps of Engineers has proposed a plan to dredge and remove hundreds of thousands of cubic yards of bulk ocean sand from Martin and St. Lucie Counties and deposit it on Miami -Dade County beaches, and WHEREAS, The use of Martin and St. Lucie County offshore sand deposits to meet the needs of larger Counties to the south would severely impact the local area supply of a non- renewable resource, and WHEREAS, If local ocean sand deposits are exhausted from Martin and St. Lucie Counties, the demand pressure for beach compatible ocean sand could extend northward into Indian River County. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Indian River County, Florida opposes the dredging and removal of bulk ocean sand from Martin and St. Lucie Counties to Miami -Dade County, and urges the United State Army Corps of Engineers to consider use of upland and Bahamian sand sources for Miami -Dade erosion control projects. THE FOREGOING RESOLUTION was offered by Commissioner n°R ",an and seconded by Commissioner Flescher and, being put to a vote was as follows: Chairman, Bob Solari AYE Vice Chairman, Joseph E. Flescher AYE Commissioner Wesley S. Davis AYE Commissioner Tim Zorc AYF Commissioner Peter D. O'Bryan AYE The Chairman thereupon declared the resolution duly passed and adopted this 12th day Of 3An1]A=y 2016. 114 Attest: Jeffrey R. Smith, Clerk of Court�d Comptroller Indian River County, Florida Board. of County Commissioners By Bob Solari, Chairman .ZM Approved: j ,...fit, • �: • ..tom,% k. � `�,;�QjAN R �; ,� Joseph A. Baird, County Administrator Approved as to Form and Legal Sufficiency: William K. deBraal, Deputy County Attorney 115 BEACH & SHORE PRESERVATION ADVISORY COMMITTEE June 27, 2016 Representative Lois Frankel 1037 Longworth House Office Building Washington, DC 20515 Dear Representative Frankel, Thank you very much for your ongoing work to amend federal law to allow the U.S. Army Corps of Engineers to more easily explore the possibility .of using non-domestic sand during federal beach nourishment projects. We support your efforts and urge you . to continue your work as the Water Resources Development Act moves to House floor, As you know, all local domestic offshore sand sources near Miami -Dade and Broward counties in southeast Florida have been exhausted by past beach nourishment projects. It has been reported that there is additional domestic sand offshore of St. Lucie and Martin counties, 130 miles to the north of Miami -Dade. But, the closest sand to Miami -Dade and Broward counties is in the Bahamas, only 60 miles away. Due to language in WRDA 1986, the Corps really cannot consider non-domestic sand for a project even though it might make sense to use other I , non. I - I domestic sand. Your efforts would simply allow the use of non-domestic sand if the Corps thinks it makes sense. This could offer savings to the federal government and local sponsors due to lower transportation costs. Your work would create options — but not mandate whether domestic or non-domestic sand should be used; that is an effort we support. Thank you for your continued work on this issue. Sincerely., Mike Ochsner Chairman, Beach and Shore Preservation Advisory Committee CC: Senator Bill Nelson Senator Marco Rubio Florida House Congressional Delegation 116 INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator DEPARTMENT HEAD CONCURRENCE: ZA�i - Stan Boling,P Community Development Director FROM: Roland M. DeBlois, AICP� Chief, Environmental Planning DATE: July 5, 2016 RE: Approval of State Sovereignty Submerged Lands Fee Waived Lease 5 -Year Renewal for the Archie Smith Fish House It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of July 12, 2016. DESCRIPTION AND CONDITIONS In January 2007, the Board of County Commissioners acquired the historic Archie Smith Fish House under the County's environmental lands program. The subject waterfront property consists of approximately 1. 15 acres located north of the intersection of Jackson Street and Indian River Drive in the City of Sebastian. The property includes a dock and icehouse (currently in disrepair) extending over sovereign submerged lands of the Indian River Lagoon. Because the submerged lands are state sovereign lands, the County executed a sovereignty submerged lands lease with the State (Board of Trustees of the Internal Improvement Trust Fund) in conjunction with the property acquisition. The State submerged land lease is now up for renewal. To that end, attached is a copy of the 5 -year lease renewal document for the Board's approval consideration. ANALYSIS Currently, the County has an approved grant from the Florida Inland Navigation District (FIND) for phased restoration of the Archie Smith Fish House dock. The FIND grant is for dock restoration using construction plans that the County commissioned under a 2014 historic preservation grant. As reflected in the lease renewal (and in the previous lease), the lease is for a docking facility with a non - water dependent historical fish house/shed to be used for mooring of recreational vessels. The lease renewal is a "fee waived" lease, which reflects public use and forgoes an annual lease fee that would 117 otherwise be charged by the State. Although there is no annual lease fee associated with the proposed five-year renewal, there is a "one-time" administrative processing fee of $639.00 charged by the State for the five-year lease renewal. Cost and Funding As previously indicated, the lease renewal will result in no annual lease fee. The State administrative processing fee of $639.00 for, the five-year lease renewal is proposed to be paid from MSTU Conservation Lands Licenses acid Permits funds, Account No. 00421072-034970. RECONEUENDATION: Staff recommends that the Board of County Commissioners approve the attached sovereignty submerged lands fee waived lease renewal for the Archie Smith Fish House, and authorize the Board Chairman to sign the lease on behalf of the County. ATTACHMENT: 1. Sovereignty Submerged Lands Fee Waived Lease Renewal (including attachments) APPROVED: MALAAC Archie Smith Fish House\ASFH submerged land lease renewal BCC item 7-12-16.doc 2� 118 E3�.��1*Il��ii1G7117 MALAAC Archie Smith Fish House\ASFH submerged land lease renewal BCC item 7-12-16.doc 2� 118 This Instrument Prepared By: Celeda Wallace Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE BOT FILE NO. 310008014 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to Indian River County, Florida, hereinafter referred to as the Lessee, the sovereignty lands described as follows: A parcel of sovereignty submerged land in Section 31, Township 30 South, Range 39 East, in Indian River, Indian River County, Florida, containing 3,541 square feet, more or less, as is more particularly described and shown on Attachment A, dated October 19, 2007. HAVE THE USE OF the hereinabove described premises from July25, 2016, the effective date of this renewal lease, through Jgly 25. 2021, the expiration date of this renewal lease. The terms and conditions on and for which this lease is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to operate a 3 -sem dockingfacility acility with a non -water dependent historical fish house/shed to be used exclusively for mooring of recreational vessels for demonstration purposes in conjunction with an upland public historical facility, without fueling facilities, with a sewage pumpout facility if it meets the regulatory requirements of the State of Florida Department of Environmental Protection or State of Florida Department of Health, whichever agency has jurisdiction, and without liveaboards as defined in paragraph 25 as shown and conditioned in Attachment A. All of the foregoing subject to the remaining conditions of this lease. C0e-29) ATTACHMENT 119 2. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein. The Lessee shall not (i) change or add to the approved use of the leased premises as defined herein (e.g., from commercial to multi -family residential, from temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, from loading/offloading commercial to rental of wet slips, etc.); (ii) change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified permit, if applicable, the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. If at any time during the lease term this lease no longer satisfies the requirements of subparagraph 18-21.011(1)(b)7., Florida Administrative Code, for a fee waived lease, the Lessee shall be required to pay an annual lease fee in accordance with Rule 18-21.011, Florida Administrative Code, and if applicable, remove any structures which may no longer qualify for authorization under this lease. 3. SUBMITTING ANNUAL CERTIFIED FINANCIAL RECORDS: Within 30 days after each anniversary of the effective date of this lease, the Lessee shall submit annual certified financial records of income and expenses to the State of Florida Department of Environmental Protection, Division of State Lands, Bureau of Public Land Administration, 3900 Commonwealth Blvd, MS 130, Tallahassee, FL 32399. "Income" is defined in subsection 18-21.003(31), Florida Administrative Code. The submitted financial records shall be certified by a certified public accountant. 4. EXAMINATION OF LESSEE'S RECORDS: The Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any renewals, plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two (2) above. 5. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure, maintain and keep all records for the term of this lease and any renewals plus three (3) additional years. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease verification purposes by the Lessor. 6. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof, may be purchased, sold, or re -sold. 7. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code, in the riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of this lease, this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease, the Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. Page 2 of 18 Pages Sovereignty Submerged Lands Lease No. 310008014 120 8. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 9. INDEMNIFICATION/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 10. NOTICES/COMPLIANCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above-described parcel of land shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: Indian River County, Florida c/o Roland DeBlois 1801 271' Street Vero Beach, Florida 32960 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 11. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. 12. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. 13. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 14. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. 15. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 16. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. Page 3 of 18 Pages Sovereignty Submerged Lands Lease No. 310008014 121 17. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that the Lessee is in full compliance with the terms of this lease, the Lessor will begin the renewal process. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. In the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attachment B, which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's successors in title or successors in interest. 18. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 10 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 19. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 18 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's interest in the riparian upland property that is more particularly described in Attachment B. This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 20. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. 21. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the facility. 22. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures whose use is not water -dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter 18-14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this agreement. Page 4 of 18 Pages Sovereignty Submerged Lands Lease No. 310008014 122 23. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 24. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 25. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any twelve (12) month period, nor shall any such vessel constitute a legal or primary residence. 26. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise ships. 27. SPECIAL LEASE CONDTIONS: A. Unless authorized in writing by the Lessor, the Lessee shall not rebuild or restore the non -water dependent structures included in this lease if 50 percent or more of the area encompassed by a structure is destroyed or if use of a structure has been discontinued and 50 percent or more of the area encompassed by a structure must be replaced in order to restore the structure to a safely useable condition. In addition, the use of the non -water dependent structures included in this lease shall not be converted to a new use except as authorized in writing by the Lessor. B. Within 60 days after the Lessor's execution of this lease, the Lessee shall install and display permanent manatee educational signs that provide information on the mannerisms of manatees and the potential threat to this endangered species from boat operation. The Lessee shall maintain these signs during the term of this lease and all subsequent renewal terms and shall be required to replace the signs in the event they become faded, damaged or outdated. The Lessee shall ensure that the view of the signs is not obstructed by vegetation or structures. The number, type, and procedure for installation of these signs shall be in accordance with the handout, "Manatee Educational Signs," which can be obtained from the Florida Fish and Wildlife Conservation Commission, Imperiled Species Management Section, 620 S. Meridian Street — 6A, Tallahassee, Florida 32399-1600 (Phone 850/922-4330). Page 5 of 18 Pages Sovereignty Submerged Lands Lease No. 310008014 11041 IN WITNESS WHEREOF; the Lessor and the Lessee have executed this instrument on the day and year first above written. WITNESSES: Original Signature BY: Print/Type Name of Witness Original Signature PrintlType Name of Witness STATE OF FLORIDA COUNTY OF LEON BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida "LESSOR" The foregoing instrument was acknowledged before me this day of , 20_, by 1-hervl C. McCall. Chief. Bureau of Public Land Administration. Division of State Lands State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal xmnrovement Trust Fund of the State of Florida. She is personally known to me. AP OVED SUBJE TO PROPER EXEC ON: HAIJ Notary Public, State of Florida DEP AttornlyDate t7 Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. Page 6 of 18 Pages Sovereignty Submerged Lands Lease No, 310008014 124 WITNESSES: Original Signature Typed/Printed Name of Witness Original Signature Typed/Printed Name of Witness STATE OF COUNTY OF Indian River County, Florida (SEAL) By its Board of County Commissioners BY: Original Signature of Executing Authority Bob Solari Typed/Printed Name of Executing Authority Chairman Title of Executing Authority "LESSEE" The foregoing instrument was acknowledged before me this day of , 20, by Bob Solari as Chairman, for and on behalf of Board of County Commissioners of Indian River County Florida. He is personally known to me or who has produced , as identification. My Commission Expires: Commission/Serial No. APPROVED AS TO FORM AND LEGAL SUFFICIENOY 9Y��....� ....�. DYLAN FIRINOCLCi C3AUNTY ATTORNRY Page 7 of 18 Pages Sovereignty Submerged Lands Lease No. 310008014 Signature of Notary Public Notary Public, State of Printed, Typed or Stamped Name 125 WITNESSES: Original Signature Typed/Printed Name of Witness Original Signature Typed/Printed Name of Witness STATE OF. COUNTY OF Indian River County, Florida (SEAL) By its Board of County Commissioners BY: Original Signature of Executing Authority Bob Solari Typed/Printed Name of Executing Authority Chairman Title of Executing Authority "LESSEE" The foregoing instrument was acknowledged before me this day of , 20 , by Bob Solari as Chairman, for and on behalf of Board of County Commissioners of Indian River County, Florida. He is personally known to me or who has produced , as identification. My Commission Expires: Commission/Serial No. Signature of Notary Public Notary Public, State of Printed, Typed or Stamped Name Page 7 of 18 Pages Sovereignty Submerged Lands Lease No, 310008014 126 V bing maps 1740 Indian River Or, Sebastian, FL 32958 Attachment A Page 8 of 18 Pages 127 Sovereignty Submerged Lands Lease No. 310008014 134t N y Jai A l 1, 1 W .; :J•�e• • wd,.un Suye•wnen Yi ', -'' � ,• - �i � . • �.i lae Pa .•f+it CyWn i' 1 •1740 Indian'River•Dr; YG FK [i � t, 'Sebastian, ir<'32959.� - SeMstim Ho• 1 �t •- G Attachment A Page 8 of 18 Pages 127 Sovereignty Submerged Lands Lease No. 310008014 / --__--__'-_---__-�� ----_ �- ovoz�mB]VER-0J-----'----- Attachment Page oofx8Pages Sovereignty Submerged Lands Lease No. J/000uo/4 128 SKETCH OF DESCRIPTKN SHORELINE WOMON SUBMERGED LANDS LEASE A PART OF AUGUST PARK SUBDIVISION, SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST, INOM RIVER COUNTY, FLORIDA I— . wwo: NOT TO SCALE a " THIS IS A FIELD SURVEY" ICARTER ASSOCIATES, INC. I CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21ST STREET 772-582-4191 (M) VERO BEACH. FLORIDA 32060-3472 772-582-7180 (FAX) Serving Florida since 1911 PROJ#07-209S BY: DLC DWG#I8284—A1 DATE: 4/09/07 SHEET I OF 4 Attachment A Page 10 of 18 Pages 129 Sovereignty Submerged Lands Lease No. 310008014 U J 0c,0 fDL 7 ..7 POP 0 co + ,\D Mw 0 I— . wwo: NOT TO SCALE a " THIS IS A FIELD SURVEY" ICARTER ASSOCIATES, INC. I CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21ST STREET 772-582-4191 (M) VERO BEACH. FLORIDA 32060-3472 772-582-7180 (FAX) Serving Florida since 1911 PROJ#07-209S BY: DLC DWG#I8284—A1 DATE: 4/09/07 SHEET I OF 4 Attachment A Page 10 of 18 Pages 129 Sovereignty Submerged Lands Lease No. 310008014 SKETCH OF DESCRIPTJON SUBMERGED LANDS LEASE A PART OF AUGUST PARK SUBDIVISION, SEC77ON 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA PRODWO PROMM V aL,K � U.s (cm) " qWNWK OF MRAC L FRM AiQ2MAY A$ "EASUM AN OU 42.4f MESE EIGS7140 - -- D141110 MING 9 777 m N Pus lo BE p1mcs lo REWIN. AWOVED C—t,. Fldlcc) pr Ind Ph., tox 7k.i 4. VIL, L4 4 21. M2W33WO PDn"AL PUBUC A=SS iciT T re h of til d 'r 0 n 7 # 0 a I 1 t /10 V it J11 Aill (5r a A8 at Af i 1z, k 4Z, r 0.a - .4V 31 N� ISO tj jz, U4E TABIE �Ufa LENGTH BEARIkG < L1 21,4t 04 am; l2 7.37 C00 SWMN LIKE OF tOl i <' Or 'AUMT PAW S/b. a CAP 20 40 loo-,PARM *.# 31-3C�39-0=1-OM-OM1.0 7RAV. L&2a3' EL— * 68- NORTM UVCor WT 2 br Or or .vwsl vAW 5/o. ��';-':w�"'THIS IS A FIELD SURVEY" ( IN FEET A T Serving Florida a:�m CARTER ASSOCIATES, INC. I inch = 40 ft. Since 1911 SULTING ENGINEERS AND LAND SURVEYORS PROJ#07-2695 1706 21ST STREET 772-562-4191 (TEL) BY: DLC/FSC DYGIMM—Al VERO BEACH, FLORIDA 32960-3472 772-562-7180 (FAX; DATE: 41 , 09/07 SHEET 2 OF 4 Attachment A Page I I of 18 Pages 130 Sovereignty Submerged Lands Lease No. 310008014 SKETCH OF DESCRIP77ON / SUBMERGED LANDS LEAF A PART OF AUGUST PARK SUBDIVISION, SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST, DESCRIPTION of pROP0917) I PASF AREA, INDIAN RIVER COUNTY, FLORIDA PARCEL LYING AND SITUATED EASTERLY OF 'AUGUST PARK" SUBDIVISION, N PART OF SECTION 31, TDWNSHIP 30 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. COMMENCING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY UNE OF INDIAN RIVER DRIVE (NEW DIXIE HIGHWAY/OLD U.S. HIGHWAY NOA) AND THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 2 OF SUBDIVISION OF AUGUST PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 19. ST. LUPE COUNTY, FLORIDA; RUN SOUTH 26'56.35" EAST ALONG THE SAID EAST RIGHT-OF-WAY OF INDIAN RIVER DRIVE A DISTANCE OF 40.97 FEET; THENCE RUN NORTH 62'12'23' EAST A DISTANCE OF 76.41 FEET TO THE MEAN HIGH WATER LINE OF THE WEST BANKS OF THE INDIAN RIVER LAGOON AS IT PRESENTLY EXISTS AND PONT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE NORTH 6272'23' EAST A DISTANCE OF 87.77 FEET; THENCE RUN NORTH 28.33'59' WEST A DISTANCE OF 21.23 FEET; THENCE RUN NORTH 6294'49" EAST A DISTANCE OF 38.94 FEET; THENCE RUN NORTH 27.45'17' WEST A DISTANCE OF 11.30 FEET THENCE RUN NORTH 62.50'39' EAST A DISTANCE OF 38.97 FEET; THENCE RUN SOUTH 28*04'25' EAST A DISTANCE OF 42.44 FEET; THENCE RUN SOUTH 61'3332" WEST A DISTANCE OF 31.51 FEET; THENCE RUN NORTH 288618' WEST A DISTANCE OF 3.37 FEET; THENCE RUN SOUTH 6183'45' WEST A DISTANCE OF 134.52 FEET TO THE AFOREMENTIONED MEAN MGH WATER LINE OF THE WEST BANK OF THE INDIAN RIVER LAGOON; THENCE RUN NORTH 54'0716' WEST ALONG SAID MEAN HIGH WATER UNE A DISTANCE OF 10.28 FEET TO THE POINT OF BEGINNING. CONTAINING: 3,540.50 SOFT. OR 0.08 ACRES MORE OR LESS. DESCRIPTION OF PREF_'MPTED AREA (NON -WATER DEPENDENT STRUCTURES): PARCEL LYING AND SITUATED EASTERLY OF -AUGUST PARK" SUBDIVISION, IN PART OF SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA COMV04CWG AT 7HE INTERSECTION OF THE EAST RICHT-OF-WAY LINE OF INDIAN RIVER DRIVE (NEW DIXIE HIGHWAY/OLD U.S. HIGHWAY NOT) AND THE EASTERLY EXTENSION OF THE NORTH UNE OF LOT 2 OF SUBDIVISION OF AUGUST PARK SUBDIVISION, AS RECORDED N PLAT BOOK 1, PACE 19, ST. LUBE COUNTY, FLORIDA; RUN SOUTH 26'56'35" EAST ALONG THE SAID EAST RICHT-OF-WAY OF INDIAN RIVER DRIVE A DISTANCE OF 40,97 FEET: THENCE RUN NORTH 6212.23` EAST A DISTANCE OF 78.41 FEET TO THE MEAN HIGH WATER UNE OF THE WEST BANKS OF THE INDIAN RIVER LAGOON AS IT PRESENTLY EXISTS: THENCE CONTINUE NORTH 621723" EAST A DISTANCE OF 67.77 FEET TO 114E PONT OF BEGINNING; FROM SAID PONT OF BEGINNING RUN NORTH 28.33'59" WEST A DISTANCE OF 21.23 FEET; THENCE RUN NORTH 621449" EAST A DISTANCE OF 51.46 FEET; THENCE RUN SOUTH 26'33'44' EAST A DISTANCE OF 21.23 FEET; THENCE RUN SOUTH 6294'40' WEST A DISTANCE OF $1.40 FEET TO THE PONT OF BEGINNING. CONTAINING: 1,091.86 SO.FT. OR 0.03 ACRES MORE OR LESS. UPLANDS DESCRIPTION''. PARCEL "1" (MUNICIPAL ADDRESS. 1740 INDIAN RIVER DRIVE) BEGINNING AT THE NORTH UNE OF LOT 2 OF SUBDIVISION OF AUGUST PARK ESTATE WHERE THE NEW OWE HIGHWAY CROSSES SAID LINE; THENCE ALONG SAID HIGHWAY; SOUTH 50 FEET BEING EAST OF SAID HIGHWAY. THENCE EAST 10 INDIAN FIVER; THENCE NORTH ALONG SAID RIVER TO NORTH LINE OF SAID ESTATE; THENCE WEST TO A POINT OF BEGINNING, TOCETHER WITH RIPARIAN RIGHTS, SAME BEING SITUATED IN SECTION 31, 7OWNSIRP 30 SOUTH, RANGE 3D EAST. PARCEL '2' THAT PART OF LOT 1, PLAT OF THE SUBDIVISION CF LAND OF THE ESTATE OF AUGUST PARK, AS RECORDED N PLAT BOOK 1. PACE 19, ST. LUCIE COUNTY, FLORIDA RECORDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, KING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID LOT 1 AND THE EAST RIGHT-OF-WAY OF OLD U.S. HIGHWAY NO. 1, THENCE RUN EAST ALONG SAID SOUTH UNE A DISTANCE OF. i&OD FEET; THENCE AN INTERIOR ANGLE OF 1531WW RUN NORTHEASTERLY A DISTANCE OF 33.00 FEET MORE OR LESS TO THE WEST SHORE OF THE INDIAN RIVER AND PONT OF BEGINNING; THENCE RETRACING LAST MENTIDNEO COURSES RUN SOUTHWESTERLY A DISTANCE OF 33.00 FEET; THENCE ON AN INTERIOR ANGLE OF 15316'00" FROM NORTHEASTERLY TO WEST RLN A DISTANCE Of 76,00 FEET TO THE SAID EAST RIGHT-OF-WAY OF U.S. HIGHWAY NO. 1; THENCE RUN NORTHWESTERLY ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 20.00 FEET; THENCE ON AN ANGLE FROM SOUTH TO EAST OF 90'42'00' RUN NORTHEASTERLY A DISTANCE OF 37.35 FEET 1D THE SAID WEST SHORE OF THE INDIAN RIVER; THENCE MEANDERING SOUTHEASTERLY ALONG SAID NEST SHORE TO TRE PONT OF BEGINNING. (AS PER OFFICIAL RECORD BOOK 843, PC. 0.238, INDIAN RIVER OU., FL) UPLANDS CONTAINING 4,663.25 R.N. OR 0.11 ACRES. (0)' 51ffi�YDP.S_IGTL:.. L UNLESS 11 REARS 11E SIONAP,RHE AND 714E CROWN. RAISED SEAL 01 4 1`101NDA LICENSED SURVEYOR AND MAPPER THIS ORAWNG, SKETCH, PLAT OR MAR K fOR INTORNATION L PURPOSES ONLY AND IS NOT VALID. LANDS SHORN HEREON WERE NOT ABSIRACTEO OR RESEARCHED BY THIS OFFICE FOR RIUNS-Of-WAV, EASEMENTS OF RECORD, RESEOVATNJNS OMNE'RSHP. MANDWNENTS, DEED RESTAIClKM15. 20NNNS RiOULATIONS OR SEVAIX LINES, LANG USE PLAN DESIGNATION. AOA MWS DEEDS OR MVQPHY ACT DROS, THIS SURWI LS NOT INTCHOED TO DEUNEAIE KnAMAS, LOCAs AREAS OF CONCERN OR ANT OTHER JURISDICTIONAL DETERMINATION. 3THIN DESCRP7KN MND SKETCH CONSISTS OF A SHEETS AND ONE I$ N07 VALID WITHOUT THE OTHER, 4. MIS EK41011 DOES NOT INTEND TO REFLECT OR DETEAYINE OWNERSHIP. S. THIS IS A FIELD SURVEY. THS BOUNDARY SURVEY WAS PERFORMED TO OLLNCIN LWBTS OF FARML BOUNDARY AND PROPOSED SUBMERGED LANDS LEASE AND RIPARIAN RIGHTS NO FIELD OOVRVAIIONS TIER[ MADE TD DELMCATF SAID DESCRIPTION. 6. BEARD$ DATUM AND HMQDNTM COORDINATE VALUES ARE EASED UPON 11E NORTH AMEACAN CATUM OF 1983, AD LSIMENT OF 1999 (TMDO/W), AND P%O.WCO IN THE STATE PLANE OWROPNTt SYSTEM. FLORIDAFAT &NL 0901. 7. ALL ELEVATION$ $HONN HEREON ARE BASED ON THE NORM AMERWA MRTKAL DATUM OF IBRO (N.A.V-D. low). SENC46WK MC IN CONCRETE MONUMENT STAMPED "OPS ISO 1990'. ELEVATION - 437' (MA.VO .1958) 7AMa SI6"R REBMA WITH CAP STAMPEO'TRAX LR2O5", LYNO NOOO TUT SDUIHWEST Or THE NORTHEAST CORNER OF LCT 2. AUGUSI PARK S'OVIVSIDN AND 7.50' FEET SOUIIREST OF LIE WEST RICH -OF -WAY OF INDIAN RIVER DRIVE ELEV-08 FEET (N.AVD. '88) 'til LEGEND wIUiN 0 DIAMETER CIL, S.C.O. SURVEY CONTROL ONLY BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST, FUND OF THE STATE OF FORIDA P.O.B. POINT OF BEGINNING R.O.W. RIGHT OF WAY 612 (D) DESCRIPTION CALL (0) OBSERVED DATA LEU ID•# IDENTIFICATION NUMBER 5 +2.48 NATURAL GROUND ELEVATION P.O.C. POINT OF COMMENCEMENT N,G.V.D. NATIONAL GEODETIC VERTICAL DATUM io 0 EL. ELEVATION LTA FIRE HYDRANT �c ID.# IDENTIFICATION NUMBER 7y O DESIGNATED 8" PILING "THIS IS A FIELD SURVEY" THIS SURVEY IS CERTIFIED TO THE CONSERVATION FUND BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST, FUND OF THE STATE OF FORIDA INDIAN RIVER COUNTY 11p. i07 FRANK S. CU P.S.M. .SIGNATURE DATE FLORIDA REGISTRIlITION No. 4765 ES. INC. L.B. 205 I - ICONSULTING ENGINEERS AND LAND SURVEYORS 1708 21ST STREET 772-552-4191 (TEL) VERO BEACH. FLORIDA 32980-3472 772-662-7180 (FAX) Serving Florida Since 1911 PROI#07-280S BY: DLC/FSC DWG#18284-A1 DATE: 4/09/07 SHEET 4 OF 4 Attachment A Page 12.of 18 Pages 131 Sovereignty Submerged Lands Lease Na. 310008014 DESCRIPTION OF PROPOSED LEASE AREA; PARCEL LYING AND SITUATED EASTERLY OF "AUGUST PARK" SUBDIVISION, IN PART OF SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. COMMENCING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF INDIAN RIVER DRIVE (NEW DIXIE HIGHWAY/OLD U.S. HIGHWAY NOA) AND THE EASTERLY EXTENSION OF THE NORTH LINE OF LOT 2 OF SUBDIVISION OF AUGUST PARK SUBDIVISION, AS RECORDED IN PLAT BOOK 1, PAGE 19, ST. LUCIE COUNTY, FLORIDA; RUN SOUTH 26156'35" EAST ALONG THE SAID EAST RIGHT-OF-WAY OF INDIAN RIVER DRIVE A DISTANCE OF 40.97 FEET; THENCE RUN NORTH 62"12'23" EAST A DISTANCE OF 78.41 FEET TO THE MEAN HIGH WATER LINE OF THE WEST BANKS OF THE INDIAN RIVER LAGOON AS IT PRESENTLY EXISTS AND POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE NORTH 62112'23" EAST A DISTANCE OF 87.77 FEET; THENCE RUN NORTH 2813359" WEST A DISTANCE OF 21.23 FEET; THENCE RUN NORTH 62*14'49" EAST A DISTANCE OF 39.94 FEET; THENCE RUN NORTH 2745'11" WEST A DISTANCE OF 11.30 FEET; THENCE RUN NORTH 62'50'39" EAST A DISTANCE OF 38.97 FEET; THENCE RUN SOUTH 28004'25" EAST A DISTANCE OF 42.44 FEET; THENCE RUN SOUTH 61033'32" WEST A DISTANCE OF 31.51 FEET; THENCE RUN NORTH 2802678" WEST A DISTANCE OF 3.37 FEET; THENCE RUN SOUTH 61023'45" WEST A DISTANCE OF 130.52 FEET TO THE AFOREMENTIONED MEAN HIGH WATER LINE Of THE WEST BANK OF THE INDIAN RIVER LAGOON; THENCE RUN NORTH 54"07'16" WEST ALONG SAID MEAN HIGH WATER LINE A DISTANCE OF 10.28 FEET TO THE POINT OF BEGINNING. CONTAINING: 3,540.50 SQFT. OR 0.08 ACRES MORE OR LESS. S.T\07-269STOMDESCRIPTION OF PROPOSED LEASE AREA.doc Attachment A Page 13 of 18 Pages 132 Sovereignty Submerged Lands Lease No. 310008014 IS LING REMAIN. an River lorlda) — A PART OF AUGUST PARK SUBDIVISION, SECTION 3I, TOWNSHIP 30 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA PROPOSED PROPOSED 6' WIDE 10'* W X 20't L --- fRAME- WALK 3 BOAT SLIPS (TYPICAL) ATE pNTERUNE OF INTRACOASTAL WATERWAY AS MEASURED FROM' SEBA A QUA RA GL'- IN011W RIVER LAGOON 44' 52' - t t'`� -�`�1.T {t • THESE EXISTING 9 MOORING PILES TO 13E t REMOVED. w t;� . '+ Imo; :1,,rq �� � (d9 per Indian River County, Florida) 10.3' by CL W _ 3 n'°1<� NT 48 I t'w h ir P.6 s14 g "Z -'- X � pb' FLOOD ZONE 'AE" Et. -8A awl /IM�� —Oft— — maw P FLOOD ZONE 'AE" EE ate• "HISTORICAL RESTORATION' POTENTIAL PUBLIC ACCESS ku / w��ry r o % +� �• o'r t ite `11•'. tt•i�i'i a, o � 0.G n f n.» ORIGINAL PLArTEU EAST UNE OF 'AUGUST PARK" -.., Attachment A Page 14 of 18 Pages. Sovereignty Submerged Lands Lease No. 310008014 133 SKETCH OF DESCRPT M SFiORELOVE CONDITION SUBWERGED LANDS LEASE A PART OF AUGUST PARK SUBDIVISION, SECTION 31, TOWNSHIP 30 SOUTH, RANGE 39 EAST INDLAN RIVER COUNTY, FLORIDA O U n - l V VVI �j Ut N N l!1rr�I 11 WWUQ NOY � p 2 lOGt � IItIK MY ,uM OQ<O /�f�f f10RFWC LL m^ n r euau , N H 7 su&eCI WAVY I I I N�r�+ s»> "THIS IS A FIELD SURVEY" I CARTER ASSOCIATES. INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21ST STREET 772-582-4191 (TEL) VERO BEACH, FLORIDA 32960-3472 772-682-7180 (FAX) SHORELINE CONDITIONS % 1000 FEET NORTH: 26% CONCRETE SEAWALL AND 74% NATIVE VEGETATION AND NATURAL SHORELINE 1000 FEET SOUTH: 28% CONCRETE RUBBLE AND 72% NATIVE VEGETATION AND NATURAL SHORELINE SUBJECT PARCEL: 100% NATURAL SHORELINE (NOT TO SCALE) Serving Florida Since 1911 PROJ#07-269S BY: DLC DWG#18284-A1 DATE: 4/09/07 SHEET 3 OF 4 IV M rm O C O M O z N Vl .D G INDIAN RIWR LAGOON 4 .s mltwuc nc wwtmaw umwr K 11CA9wfD /IIOY '7♦w1Yw �I�W1N10�[' y W U � WaF a oro C � AKA Svry 1! O U n - l V VVI �j Ut N N l!1rr�I 11 WWUQ NOY � p 2 lOGt � IItIK MY ,uM OQ<O /�f�f f10RFWC LL m^ n r euau , N H 7 su&eCI WAVY I I I N�r�+ s»> "THIS IS A FIELD SURVEY" I CARTER ASSOCIATES. INC. CONSULTING ENGINEERS AND LAND SURVEYORS 1708 21ST STREET 772-582-4191 (TEL) VERO BEACH, FLORIDA 32960-3472 772-682-7180 (FAX) SHORELINE CONDITIONS % 1000 FEET NORTH: 26% CONCRETE SEAWALL AND 74% NATIVE VEGETATION AND NATURAL SHORELINE 1000 FEET SOUTH: 28% CONCRETE RUBBLE AND 72% NATIVE VEGETATION AND NATURAL SHORELINE SUBJECT PARCEL: 100% NATURAL SHORELINE (NOT TO SCALE) Serving Florida Since 1911 PROJ#07-269S BY: DLC DWG#18284-A1 DATE: 4/09/07 SHEET 3 OF 4 IV M rm O C O M O z N Vl .D G Page 1 of 3 1812778 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2122 PG: 2414, 01/11/2007 02:57 PM DOC STAMPS D $5250.00 PREPARED BY AND RETURN TO: MARTIN S. AWERBACH, ESQ. AWERBACH & COHN, P.A. 2600 McCORMICK DRIVE SUITE 100 CLEARWATER, FL 33759 (727)725-3227 FILE NO. 4056 (Spa About This Lire (m Rawrdmg Diu) WARRANTY DEED THIS WARRANTY DEED made this q day of January, 2007, by Viola S. Judah, joined by her husband, James C. Judah, whose post office address is 13390 Indian River Drive, Sebastian, FL 32958, hereinafter called the grantor, to Indian River County, a political subdivision of the State of Florida, whose post office address is 1840 25'" Street, Vero Beach, FL 32960, hereinafter called the grantee. WITNESSETH: That the grantor, for and in consideration of the sum of Ten and No/100 Dollars ($10.00) and other good and valuable considerations, receipt whereof is hereby acknowledged, hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee, all that certain land situate in Indian River County, Florida, to -wit: See Exhibit "A" attached hereto Tax Parcel No. 30-39-31-00001-0000-00001/9 TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND the grantor hereby covenants with said grantee that grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2006. IN WITNESS WHEREOF, the said grantor has signed and sealed these presents the day and year first above written. Page 1 of 3 hnp:Hori. indi an-river.org////Document/GetDocumentForPrintPNG/?request=AQAAANC... 6/20/2016 Attachment B Page 16 of 18 Pages 135 Sovereignty Submerged Lands Lease No. 310008014 BK: 2122 PG: 2415 Page 2 of 3 Signed, sealed and delivered in,the presence of - Witness 1: / IMAM / ' f" STATE OF FLORIDA COUNTY OF al,,r 1 OLS A.g VIOLA S. JUDAto THE FOREGOING INSTRUMENT was acmowledged before me on this 9* day of January, 2007, by Viola S. Judah, who is C) personally known to me or (___) who produced for identification. tory Public My commission expires: VVONW EM ft Signed, sealed and delivered in the presence of- My 1V"NO j t W Witness 1: Witness 2: i STATE OF FLORIDA COUNTY• THE FOREGOING INSTRUMENT was acknowledged before me on this day of January 007, by Ja es C. Judahwhois L� personally known to me or who produced �i�..�-4 1 fya� L�1 A_��%ll for identification. N ry Public y commission Page 2 of 3YLE Oft � comm i 00 tnes4s http://ori. indian-river.org////DocumentIGetDocumentForPrintPNG/?request=AQAAANC... 6/20/2016 Attachment B Page 17 of 18 Pages Sovereignty Submerged Lands Lease No. 310008014 1��ol BK: 2122 PG: 2416 Page 3 of 3 Exhibit "A" PARCEL i THAr PART OF Lor 1; HUT Or THE MAW %4.90N OF THE ESTATE w A aT PARK. AS RE'coww N PLAT now 1 Ar PACE 10, Or ME PUBLAC RECORDS OF Sr. LICE OOI.TNrY. FLORIDA NOW LWC AND 85W N MAN RIVER COWTY, FLORIDA WXIIG 60ORE PARDWLARLY D=WaW AS NYALDW6` OOM690NONC AT WE JN7ERSE•GT10N OF ME 97JW LAAE OF SAM LAT I AND THE FAST RN74T OF WAY UNC OF OLD U.S. WGHWAY NO. 1: THEXCE RW LOST ALONG SMD SOU7H LANE A DISTANCE W 16.0 FEET: THENCE AN INTERIOR ANGLE OF 15376TO RW NWTHEASMXY A DISTANCE W 33 FEET NOW OR LESS TO THE WEST 940M OF THE NDIAN RA£R MLO PONT OF SEMMM, ThENGE REIRAONG LAST AE.NTIONED COURSES RUN 'SOUMWESTEHLY A DISTANCE OF 43 FEET.• THEW ON AN INTERIOR ANCAE OF 7D3'76VV FROM NORMEASW&Y TO WEST RW A DISTANCE OF 16 FEET TO SAID EAST RICHT OF SPAY OF LLS. HIGHWAY ND, 1. THENCE RUN N0RTHN3T0tY ALONG SMD EAST OW NT OF WAY LIM A DISTANCE OF 2O0 FEET,• THENCE ON AN ANGLE MON SOUTH TO EAST W 80VrO0' RUN NORTHEASTERLY A DISTANCE OF 37.35 FEET TO SAID WGST SHORE OF THE INDIAN A7VM MENDE AQAAWRING SOUTHEASTERLY ALONG SAO WEST SHORE TO THE POINT OF BEONNINCI. W THE NORTH LINE OF SAID LOT Y. WHERE 7 E EAST LINE Or THE NEW DWE HIGHWAY MWES SAO LINE; THENCE RUN SOUTH ALONG SAID HIGHWAY 50 FEET, 7ND" RUN EAST TO THE MOAN WWW THLwCE RUN NGRM ALONG THE NOIAN WWX TO THE NORTH LINE Or LOT $ TWWE RUN WLS'T TO THE POINT OF BET OOPIC. T1176E111ER WIN ALL OF THE RIPARIAN RIGHTS APMIIA"M RENEW. SAID LOTS BEING A PORTION Or WE SUMWSION OF THE ESTATE OF AUGUST PARK. AS RECORDED N PLAT GOD/ 1 AT PAGE IM OF THE PUBLIC REGOWS OF ST. LUCE COUNTY, FLORIDA SAID LANDS NOW LING AND BEING N ULAN RIVER 00LANTY, FLORIDA. AI>i= 1 AOR REM ALO D T � AlFOlW'H0K THAT PARS Or LM L AMID S. Pur OF THS St=== Or T= ESTATE OT ADODSS PARE AS JWWMM IN PLAT HOOK L At PACE 10. 0r Tw PUHIIC RicawB OF 8L wm OOODm:, Amm NOW LYBAO AND BSM ON nW%N xmw GOTlNBR, 77AH1 x HUNG HORi PAATYCVU=r DLBL»® AS P01WW'x REM ON THE ROMA I= Or SAM LOT R IRM THE EA6T NOW Or TTAY 09 OF AWW RIVER Dwm (AEA. DID OS L79GBWAr NO. It, LAR 11YL$ MMMAY. !'>CKXE BXVI rAYf q'W47 3AID LOUR VVMXW SMIrW *4D*X ALOHO ZAW ZLW WOU OF IAT LAT; WOOD Ml' " WIM 1WWlb46'E A jarATN6z or YO .# mr TD AN am Sao ARD OAP STAim UP= k ASSOMM' TOIONTY M AN VITERSICYIGH Wnff 72M HT9TO CAL VWr BMW Or THE DIAL1 MM AS @DOWN ON "M MID PLAT OF AOLTOBT PARI• ThWICB N6Y06'8 '8 A WnV= OP 6TAB I= W TITS NW HTON YAM LINE OF RTE MW RTVEIk VIBIR'.E Iff IMWW V, GAIL! ALONG WILD IRAN BION WARR LONA AM?WW"Ir 6.07 FAZr 7N40`34'01" 16 16,68 L'>mr Ffl6 2710S'i: 66,01? PSLR. IMNOW 16451 44"Y. 834 Mr: TLWW A397WWW A OTSTA1IX OF $00 FAM. TFLLIRZ LSAVTI6 00 HEAL ATOS TATER W#B 602RBY0'1r A DABTAAI3 OF 40.43 FEB7 TO SAID E46T RLGTIT OF WAY LONE OF D1ONNiN SWU OEM TW= 112"0'40V D7WTAM M OF 80.00 FM BACK TO I= Paw Or BRCDOMM, Page 3 of 3 http:llori.indian-river.orglll/Document/GetDocumentForPrintPNG/?request=AQAAANC... 612012016 Attachment B Page 18 of 18 Pages Sovereignty Submerged Lands Lease No. 310008014 137 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: July 5, 2016 To: Jason E. Brown, County Administrator From: Cindy Corrente, Finance Manager Through: Vincent Burke, Director of Utilities01 Subject: Approval to Use Invoice Cloud for Merchant Services DESCRIPTIONS AND CONDITIONS: 1261, The Indian River County Department of Utility Services (IRCDUS) currently uses Trans First as its merchant provider for E -payment services. In order to utilize E -payment services, we are confined to working with one of several vendors that are compatible with our utility billing software. Currently, our customers have the option of viewing and paying their utility bills online. However, the mobile interface that is currently in place is cumbersome at best. Since choosing our vendor in 2011, E -services have grown in popularity. With this trend, there are now better options in place for these services. ANALYSIS: Staff considered several options when looking for a more customer friendly E -payment service provider. In so doing, staff narrowed its choice to Invoice Cloud. Invoice Cloud is a SaaS (Software as a Service) provider. This means that IRCDUS will never have to do software or version updates, software version maintenance, or pay annual software maintenance fees. All interface changes and updates are coordinated behind the scenes between Invoice Cloud and Harris Advanced Systems, who is our utility billing software provider. Invoice Cloud is a Level One Payment Data Card Security Standards, or PCI compliant, product. This is a set of regulations that was established to enhance debit and credit card security. This task could be daunting for an Information Technologies department. However, using the third party provider transfers the prime responsibility for this project from IRCDUS to the third party. Invoice Cloud will enable IRCDUS to provide: • Multiple customer friendly online payment options • Simplified enrollment for E -billing • Multiple mobile payment solutions that are screen optimized contingent on the device being used (tablet, smart phone, laptop, or desktop) • The ability to link multiple accounts (for customers with multiple properties) Page 1 of 3 138 • An e-mail or text message that alerts the customer that their bill is ready for viewing • A link in that message that does not require a sign on and password in order to view their bill • A link in that message to pay the bill now or set up a future payment • E-mail or text reminders near the bill due date • E-mail or text reminders that a bill is past due • E-mail or text reminders that the bill is now past due and the customer is.subject to disconnect In addition to providing better customer service via the items listed above, IRCDUS also expects to reap several benefits by switching to Invoice Cloud. We expect to reduce the number of printed or paper bills thereby reducing printing and postage costs. Second, we expect the number of disconnects to be reduced. With the multiple reminders that are sent via Invoice Cloud, a customer should not accidently miss making their payment. Third, we expect the success with the a -bill customers to improve. Currently, a customer signs up for a -bill using their preferred e-mail address. However, there are no alerts letting us know when someone's e-mail address is no longer valid. Therefore, it is assumed that the customer remembered to update their e-mail using the current online module. However, Invoice Cloud has a tracking system in place that alerts them that an e-mail did not successfully go through. They in turn notify our third party utility bill printer to mail a hard copy of the bill to that customer. This ensures the customer still receives their bill. They also provide this data to IRCDUS so that we can follow up with the customer to remind them to update their e-mail information. Invoice Cloud's SaaS platform is funded strictly through user fees they earn by providing merchant services. Staff has compared their user rates with the current rates being paid and concluded that their fees will be $800 to $1,000 higher per month. However, considering the services provided, staff feels that this is actually less expensive than other similar and less impressive products. Other providers will charge a one-time set up fee. These fees are typically $20,000 or more. Secondly, other providers charge an annual maintenance fee, typically $12,000 or more. Third, all version upgrades, maintenance and testing of the upgrades become the responsibility of IRCDUS and not the vendor. Therefore, staff has concluded that despite the higher monthly merchant's fees, the cost of using Invoice Cloud as our E -payment service provider will be less than that of other companies. The only other fees affiliated with this service are credit card readers. Seven credit card readers with chip reader capability will be provided and serviced by Invoice Cloud for a fee $15 per month or $1,260 per year. Although staff will work behind the scenes to ready the system for the roll out of Invoice Cloud, we do not plan to go live with this product until the fall of 2016. FUNDING: Funds for these services are available in the Credit Card Fees in the operating fund. Operating funds are generated from water and sewer sales. F:\Utilities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2016 Agenda Items\Agenda - Invoice Cloud.doc 139 ACCOUNT NO.: Description Account Number Amount Credit Card Fees 47126536-035680 $13,260.00 RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt Invoice Cloud as its E - 'Services provider and authorize the Chairman to endorse the Biller Agreement with Invoice Cloud after review and approval by the County Attorney's office. Attachment: Biller Agreement APPROVED F.G&AGENDA.d, By: (-- A, Jason ( Bropn, County Administrator For: July 12, Indian River Co. App%vpd Date Administration Legal Budget Utilities Utilities -Finance 10 F:\Utilities\00_UTILITY - AGENDA TEMPLATE & GUIDELINES\2016 Agenda Items\Agenda - Invoice Cloud.doc 140 Biller Order Form Matt Braley Cathedral Advanced • • _ _- ® EBPP ❑ Cloud Store ❑ Cloud Pay ® Pay by Text ® IVR ❑ OBD ❑ Kiosk ® Visa/MasterCard/Discover ❑American Express ® ACH/EFT Ownership Type: Utility -- - Biller Contacts Legal Name: FCounty of Indian River BCC (spelled out) • FBethany Messersmith Address 1: 1801 27th Steel _ Phone Number: 772-226-1837 Ext. Address 2: 2: -���- Email Address: bmessersmith@ircgov.com City: Vero Beach State Fl Zip: 32960 �i • .. • Bethany Messersmith` Phone# (772) 226-185 Fax #: 772.770.5318 Phone Number:^� -� Ext. Website URL: hV://www.ircublites.com/ � Email Address: Business Open Date: 1925 mg=tl, Cindy Corrente Federal Tax ID#: 11 59-6000674 Phone Number. 772.226.1832 Ext. F— Note: Federal Tax ID and Legal Name must match on all documents. Email Address: ccorrente@Ircgov.com Signatory Contact; Bob Solari Title: Board of County Commissioners Phone Number: r772.226-1440 Ext. Email Address: bsolari@ircgov.com _ New Biller Implementation: $ 0.00 Paperless Presentment: includes 3 email notifications $ 0.00 Per Item Hiller Portal Access: $ 6,00 Monthly IC Payment - Credit Card: $ n/a Per Item Additional User(s): $ 0,00'-- 6Q. Monthly Per User IC Payment - EFT/ACH: $ n/a v F Per Item Online Bank Direct Access: $ 0.00 Monthly Online Bank Direct: $ n/a Per Item Invoice Presentment: $ 0,00 Monthly EFT/ACH Reject: $ 15.00 Per Item Encrypted Reader License Fee: $ 0.66 Monthly Charge Back: $ 15.66 Per Item r Name of Checking Account {As It appears an check or Sank letter}: Bank Name:-__..__ - �-. _.____.____ Address: — Phone: Depository Routing#: Account#: Your Invoice o ment collections will be electronically de osited into this account. Fees Routing#: Account#: Invoice and poyMent processing fees will be electronicall deducted from this account. 14 Invoice Parameters Biller Order Form 142 Utility @= 1 7/5/2016 Invoicing! Parameters sheet must be completed for each invoice !Xpe • Advanced I GM0=1=11 Non -Submitter (Chose) ft7aw0=28 ovisa 0 MasterCard Z Discover DAmex SEFT/ACH ZEBPP 0CIoud Store 0 Cloud Pay 0 OBD 0 IVR OKiosk Billing Frequency: Monthly Number of Bills: 50,000 Number of Cycles: FWeekly Number of Installments: N/A Average Invoice Amount: 1 $58 Highest Invoice Amount: $[ $126,000 Billing Months (please select the applicable months below): DJan OFeb DMar OApr DMay OJun 0 Jul 0 Aug 0 Sept DOct 0 Nov 0 Dec 0 All 0 1 St- I oth 0 11 th-20fh 0 21 st - 31 st 0 Biller 0 Template 9 Bill Print Vendor (please complete below) CATHEDkAL I @ W' s r.. - Lori Fore 1�� IF -407.454,1633 77 Card Readers: 1pad QTY 7 Provided by: 0 Sales Rep 0 Operations Per Unit Price: Total Due: $ $ r 15 Monthly 0.00 Shipping Address: (if different than location address) Item Paid by payer Item Paid by Biller (Non -Submitter) 0 Credit Card: I-- T. with $F—Minimum ❑0 Credit Card: Interchange, fees, dues assessments + Authorization + %BP EFT/ACH: per item 0 EFT/ACH: $ per item ±OFlex Pay ACH: per item 0 Flex Pay ACH: $ per item IM(WEN03 M. Item Paid by payer Item Paid by Biller 0 Credit Card: F % with $F—Minimum (Without Visa ACceptonce) 0 Credit Card: Interchange, fees, dues assessments + Authorization — — %BP 0.20 + 0.42 0 EFT/ACH: $ Per item 0 EFT/ACH: 35 Per Item • Credit Card Service Fee: $ Max Cap for Credit Cards: 11 F • EFT/ACH: Service Fee: $ --— ❑ Paid by payer 0 j Paid by Biller Moon %tEff�M 0 aid by payer Service Fee + $ '1 "Pcfid by Biller 1$11 0.00 per item surcharge IVR provided through existing provider, Invoice Cloud just acting as merchant processor 142 v ce0ld" W* A CERTIFICATION AND AGREEMENT A. By signing below, the Biller hereby authorizes Invoice Cloud, Inc. ("Invoice Cloud") to initiate and execute debit/credit entries to its checking/deposit account(s) indicated above at the depository financial institution(s) named above and to debit/credit the same such account(s). The Biller acknowledges that the origination of ACH transactions to its account(s) must comply with the provisions of U.S. law. This authority is to remain in full force and effect until (i) Invoice Cloud has received written notification (by electronic or U.S. mail) from the Biller of its revocation in such time and manner as to allow Invoice Cloud a reasonable opportunity to act on it, but not less than 10 business days notice; and (ii) all obligations of the Biller to Invoice Cloud that have arisen under this Agreement and all other agreements have been paid in full. The Biller must also notify Invoice Cloud, in writing, (by electronic or U.S. mail) when a change in account number(s) or bank has occurred at which time this authorization shall apply to such new/changed account. This notification must be received within I 10 business days of change. A fee will be charged for any returned ACH debits. B. By signing below, the Biller named: (1) has read, agreed to, and acknowledges receipt of the Biller Agreement, Biller T+C and other Order Forms executed by the Biller, and (2) certifies to Invoice Cloud that he/she is authorized to sign this Order Form; (3) certifies that all information and documents submitted in connection with this Order Form are true and complete; (4) authorizes Invoice Cloud or its agent to verify any of the information given, including credit references, and to obtain credit reports (including a spouse if in a community property state); (4) agrees to pay the Monthly Access Fee through the last day of the month following the effective date of termination as provided in the Billing Agreement; (5) agrees that Biller and each transaction submitted will be bound by the Order Form and the Biller Agreement in its entirety; (6) agrees that Biller will submit transactions only in accordance with the information in this Order Form and Biller Agreement and will immediately inform Invoice Cloud, by email (contractsOinvoicecloud.com) if any information in this Order Form changes, and (7) the Biller agrees and understands that outstanding sums due and owing to Invoice Cloud., will be charged daily or monthly and debited from its current depository account. Non -sufficient funds for these debits are grounds for a change in fees or termination of this Agreement. In the event of non-payment of any sums due, Invoice Cloud reserves the right to withdraw such sums from the current depository account at any time to ensure payment of the same. C. Pay by Text: Standard data rates and text messaging rates may apply based on the payer's plan with their mobile phone carrier. Payer can opt out of text messaging at any time with Invoice Cloud. Partial payment or overpayment is not supported. Service fees may apply based on the biller set up with Invoice Cloud. Biller may not use the service for activities that violate any law, statute, ordinance or regulation. D. By signing below, the Biller hereby gives permission to Invoice Cloud to access his / her credit history via Trans Union, Equifax, or other credit- reporting agency. E. The Order Form and the Biller Agreement will become effective only when counter -signed by Invoice Cloud and upon execution by the Biller of such third party agreement required by Invoice Cloud to permit use of the payment function of the Service. In WITNESS WHEREOF, the parties hereto have executed this Agreement as of this days _.......... Accepted by biller: X Corporate Officer Printed Name Title X Accepted by Invoice Cloud: Printed Name Title 143 Biller Agreement 1. License Grant & Restrictions. Subject to execution by Biller of the Invoice Cloud Biller Order Form incorporating this Agreement, Invoice Cloud hereby grants Biller a non-exclusive, non -transferable, worldwide right to use the Service described on the Biller Order Form until termination as provided herein, solely for the following purposes, and specifically to bill and receive payment from Biller's own customers, for Services that are referenced' in the Biller Order Form. All rights not expressly granted to Biller are reserved by Invoice Cloud and its licensors. Biller will provide to Invoice Cloud all Biller Data generated for Biller's Customers. Unless otherwise expressly agreed to in writing by Invoice Cloud to the contrary, Invoice Cloud will process all of Biller's Customers' Payment Instrument Transactions requirements related to the Biller Data and will do so via electronic data transmission according to our formats and procedures for each electronic payment type selected in the Biller Order Form. In addition, Biller will sign all third party applications and agreements required for the Service including without limitation payment and credit card processing agreements and merchant agreements. For invoice types listed on the Order Form (e.g. real estate taxes, utility bills, birth certificates, parking tickets, event tickets, etc.), Biller will not use the credit card processing, ACH or check processing of any bank, payment processor, entity, or person, other than Invoice Cloud via electronic data transmission or the authorization or processing of Biller's Customers' Payment Instrument Transactions for each electronic payment type selected in the Biller Order Form throughout the term of this Agreement. Not withstanding the forgoing, biller is permitted to utilize the existing bank for auto -pay ACH transactions. Biller shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) Recreate, "frame" or "mirror" any portion of the Service on any other server or wireless or Internet -based device; (iv) reverse engineer or access the Service; or (v) copy any features, functions or graphics of the Service. 2. Privacy & Security. Invoice Cloud's privacy and security policies may be viewed at littp:Hwww.invoicecloud.com/privacy.litmi. Invoice Cloud reserves the right to modify its privacy and security policies in its reasonable discretion from time to time which modification shall not materially adversely impact such policies. Invoice Cloud will maintain compliance with current required Payment Card Industry (PCI) standards and Cardholder Information Security standards. 3. Account Information and Data. invoice Cloud does not and will not own any Customer Data, in the course of providing the Service. Biller, not Invoice Cloud, shall have sole responsibility for the accuracy, quality, integrity, legality, and reliability of, and obtaining the intellectual property rights to use and process all Customer Data. In the event this Agreement is terminated, Invoice Cloud will make available to Biller a file of the Customer Data within 30 days of termination of this Agreement (or at a later time if required by applicable law), if Biller so requests at the time of termination. Invoice Cloud reserves the right to remove and/or discard Customer Data with 30 days notice except as prohibited by applicable law or in the event of exigent circumstances which makes prior notice impracticable, and in which case, notice will be provided promptly thereafter. 4. Confidentiality / Intellectual Property Ownership. Invoice Cloud agrees that it may be furnished with or otherwise have access to Customer Data that the Biller's customers considers being confidential. Invoice Cloud agrees to secure and protect the Customer Data in a manner consistent with the maintenance of Invoice Cloud's own Confidential information, using at least as great a degree of care as it uses to maintain the confidentiality of its own confidential information, but in no event use less than commercially reasonable measures. Invoice Cloud will not sell, transfer, publish, disclose, or otherwise make available any portion of the Customer Date to third parties, except as required to perform the Services under this Agreement or otherwise required by applicable law. Invoice Cloud (and its licensors, where applicable) owns all right, title and interest, including all related intellectual Property Rights, in and to the Invoice Cloud Technology, the Content and the Service and any enhancement requests, feedback, integration components, suggestions, ideas, and application programming interfaces, recommendations or other information provided by Biller or any other party relating to the Service. In the event any such intellectual property rights in the Invoice Cloud Technology, the Content or the Service do not fall within the specifically enumerated works that constitute works made for hire under applicable copyright laws or are deemed to be owned by Invoice Cloud, Biller hereby irrevocably, expressly and automatically assigns all right, title and interest worldwide in and to such intellectual property rights to Invoice Cloud. The Invoice Cloud name, the Invoice Cloud logo, and the product names associated with the Service are trademarks of Invoice Cloud or third parties, and no right or license is granted to use them. Biller agrees that during the course of using or gaining access to the Service (or components thereof) it may be furnished with or otherwise have access to information that Invoice Cloud considers to be confidential including but not limited to Invoice Cloud Technology, customer and/or prospective customer information, pricing and financial information of the parties which are hereby deemed to be Invoice Cloud Confidential Information, or any other information by its very nature constitutes information of a type that any reasonable business person would conclude was intended by Invoice Cloud to be treated as proprietary, confidential, or private (the "Confidential Information"). Biller agrees to secure and protect the Confidential Information in a manner consistent with the maintenance of Invoice Cloud's rights therein, using at least as great a degree of care as it uses to maintain the confidentiality of its own confidential information, but in no event use less than reasonable efforts. Biller will not sell, transfer, publish, disclose, or otherwise make available any portion of the Confidential Information of the other party to third parties (and will ensure that its employee and agents abide by the requirements hereof), except as expressly authorized in this Agreement or otherwise required by applicable law. Biller Agreement The complete Biller Agreement includes the Biller Order Form, the Online Terms and Conditions and this Agreement Rev 3.0 144 Hiller Agreement 5. Billing and Renewal. Invoice Cloud fees for the Service are provided on the Biller Order Form. invoice Cloud's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, Invoice Cloud may assess and/or collect such taxes, levies, or duties against Biller and Biller shall be responsible for payment of all such taxes, levies, or duties, excluding only United States ('federal or state) taxes based solely on Invoice Cloud's income. All payment obligations are non -cancellable and all amounts or fees paid are non-refundable. Unless Invoice Cloud in its discretion determines otherwise, all fees will be billed in U.S. dollars. If Biller believes Biller's bill or payment is incorrect, Biller must provide written notice to Invoice Cloud within 60 days of the earlier of the invoice date, or the date of payment, with respect to the amount in question to be eligible to receive an adjustment or credit; otherwise such bill or payment is deemed correct. Invoice Cloud reserves the right to modify any pricing with respect to fees owed by the Biller upon thirty days written notice to Biller based on increases incurred by Invoice Cloud on fees, assessments, and the like from credit card processers, bank card issuers, payment associations, ACH and check processers. b. Term and Termination. The initial term of this Agreement shall be for a period of one (1) year ("Initial Term") commencing on the Effective Date on the Biller Order Form and will renew for each of additional successive one (1) year terms ("Renewal Term") unless terminated as set forth herein. This Agreement may be terminated by either party effective at the end of the Initial or any Renewal Term by such party providing written notice to the other party of its intent not to renew no less than sixty (60) days prior to the expiration of the then - current term. Additionally, this Agreement may be terminated by either party with cause in the event of a material breach of the terms of this Agreement by the other party and the breach remains uncured for a period of 30 days following receipt of written notice by the breaching party. For example, any unauthorized use of the invoice Cloud Technology or Service by Biller, or its authorized users will be deemed a material breach of this Agreement. Upon any early termination of this Agreement by Invoice Cloud as a result of the breach, Biller shall remain liable for all fees and charges incurred, and all periodic fees owed through the end of the calendar month following the effective date of termination. Upon any termination or expiration of this Agreement, Biller's password and access will be disabled and Biller will be obligated to pay the balance due on Biller's account computed in accordance with the Charges and Payment of Fees section above. Biller agrees that Invoice Cloud may charge such unpaid fees to Biller's Debit Account or credit card or otherwise bill Biller for such unpaid fees. 7. Invoice CIoud Responsibilities. Invoice Cloud represents and warrants that it has the legal power and authority to enter into this Agreement. Invoice Cloud warrants that the Service will materially perform the functions that the Biller has selected on the Order Form under normal use and circumstances and that. Invoice Cloud shall use commercially reasonable measures with respect to Customer Data to the extent that it retains such, in the operation of the Service; provided that the Biller shall maintain immediately accessible backups of the Customer Data. In addition, Invoice Cloud will, at its own expense, as the sole and exclusive remedy with respect to performance of the Service, correct any Transaction Data to the extent that such errors have been caused by Invoice Cloud or by malfunctions of Invoice Cloud's processing systems. 8. Limited Warranty EXCEPT AS PROVIDED iN SECTION 7, THE SERVICES AND ALL CONTENT AND TRANSACTION DATA IS PROVIDED WITHOUT ANY EXPRESS, OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY INVOICE CLOUD AND ITS LICENSORS AND PAYMENT PROCESSORS. INVOICE CLOUD AND ITS LICENSORS AND PAYMENT PROCESSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR -FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THAT THE SERVICE WILL NOT DELAY IN PROCESSING OR PAYING, OR (C) THE SERVICE WILL MEET REQUIREMENTS WITH RESPECT TO SIZE OR VOLUME. Invoice Cloud's service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Invoice cloud is not responsible for any delays, delivery failures, or other damage resulting from such problems. Biller represents and warrants that Biller has not falsely identified itself nor provided any false information to gain access to the Service and that Biller's billing information is correct. 9. Biller's Responsibilities. Biller represents and warrants that it has the legal power and authority to enter into this Agreement. Biller is responsible for all activity occurring under Biller's accounts and shall abide by all applicable laws, and regulations in connection with Biller's and/or its customers' and a payers' use of the Service, including those related to data privacy, communications, export or import of data and the transmission of technical, personal or other data. Biller shall: (i) notify Invoice Cloud immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Invoice Cloud and immediately stop any copying or distribution of Content that is known or suspected to be unauthorized by Biller or Biller's Users; and (iii) obtain consent from Biller's customers and payers to receive notifications and invoices from Invoice Cloud. Invoice Cloud is not responsible for any Biller postings in error due to delayed notification from credit card processor, ACH bank and other related circumstances. Biller is required to ensure that it maintains a fair policy with regard to the refund, return or cancellation of services and adjustment of Transactions. Biller is also required to disclose a refund, return or cancellation policies to Invoice Cloud and any applicable payment processors and Biller's Customers, as requested. Any change in a return/ cancellation policy must be submitted to Invoice Cloud, in writing, not less than 21 days prior to the effective date of such change. If Biller allows or is required to provide a price adjustment, or cancellation of services in connection with a Transaction previously processed, Biller will prepare and deliver to Invoice Cloud Transaction Data reflecting such refund/adjustment within 2 days of resolution of the request resulting in such refund/adjustment. The amount of the refund/adjustment cannot exceed the amount shown as the total on the original Transaction Data. Biller may not accept cash or any other payment or consideration from a Customer in return for preparing a refund to be deposited to the Customer's account; nor may Biller give cash/check refunds to a Customer in connection with a Transaction previously processed, unless required by applicable law Biller Agreement Rev 3.0 The complete Biller Agreement includes the Biller Order Form, the Online Tenns and Conditions and this Agreement 12 145 Biller Agreement 10. Indemnification. Invoice Cloud shall indemnity and hold Biller, employees, attorneys, and agents, harmless from any losses, liabilities, and damages (including, without limitation, Biller's costs, and reasonable attorneys' fees) arising out: (i) failure by Invoice Cloud to implement commercially reasonable measures against the theft of the Customer Data; or (ii) its total failure to deliver funds processed by Invoice Cloud as required hereunder (which relates to payments due from Invoice Cloud for Transaction Data). This indemnification does not apply to any claim or complaint relating to Biller's failure to resolve a payment dispute concerning debts owed to Biller or Biller's negligence or willful misconduct or violation of any applicable agreement or law. 11. Fees. invoice Cloud will not charge fees related to the initial setup, initial implementation and personalization of its standard Service unless a fee is included in the Biller Order Form. Invoice Cloud will charge the Biller or payer fees as provided in the Biller Order Form. In addition, Invoice Cloud reserves the right to charge for changes to the setup, implementation or personalization performed after the completion of initial setup or implementation and any other requested work or changes including the following services, at its then standard rates: • new file biller set up • template changes • custom reports and other custom development • new bill printer support • invoice file format changes resulting in revision of integration/data translation • re -implementation of site/system and/or new billing system • payment file revisions • loading pdfs and importing/loading invoices • conversion of biller customer registrations/passwords (post initial implementation) • balance forward of invoices • other out of scope services 12. Limitation of Liability. INVOICE CLOUD'S AGGREGATE LIABILITY SHALL BE UP TO AND NOT EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM BILLER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL INVOICE CLOUD AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEiNG SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to Biller. 13. Export Control. The Biller agrees to comply with United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies. 14. Notice. Either party may give notice by electronic mail to the other party's email address (for Biller, that address on record on the Biller Order Form, or by written communication sent by first class mail or pre -paid post to the other party's address on record in Invoice Cloud's account information for Biller, and for Invoice Cloud, to Invoice Cloud, Inc., 30 Braintree Hill Office Park, Suite 303, Braintree, MA 02184 Attention: Client Services. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre -paid post) or 12 hours after sending (if sent by email). 15. Assignment. This Agreement may not be assigned by either party without the prior written approval of the other party, but may be assigned without such party's consent to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. 16.Insurance. Invoice Cloud agrees to maintain in full force and effect during the term of the Agreement, at its own cost, the following coverages: a. Commercial General or Business Liability Insurance with minimum combined single limits of One Million ($1,000,000) each occurrence and Two Million ($2,000,000) general aggregate. b. Umbrella Liability Insurance with minimum combined single limits of Five Million ($5,000,000) each occurrence and Five Million ($5,000,000) general aggregate. Biller Agreement "The complete Biller Agreement includes the Biller Order Form. the Online Terms and Conditions and this Agreement 13 Rev 3.0 146 Biller Agreement c. Automobile Liability Insurance with minimum combined single limits for bodily injury and property damage of not less than One Million ($1,000,000) for any one occurrence, with respect to each ofthe Invoice Cloud's owned, hired or non -owned vehicles assigned to or used in performance of the Services. d. Errors and Omissions Insurance (Professional Liability and Cyber Insurance) with limits of liability of at least One Million Dollars ($1,000,000) per claim and in the aggregate. 17. Immigration Laws. For Services performed within the United States, Invoice Cloud will assign only personnel who are either citizens of the United States or legally eligible to work in the United States. Invoice Cloud represents and warrants that it has complied and will comply with all applicable immigration laws with respect to the personnel assigned to the Biller. 1$. General. With respect to agreements with municipalities, localities or governmental authorities, this Agreement shall be governed by the law of the state wherein such municipality, locality or governmental authority is established, without regard to the choice or conflicts of law provisions of any jurisdiction. With respect to Bikers who are not with municipalities, localities or governmental authorities, this Agreement shall be governed by Massachusetts law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. No text or information set forth on any other purchase order, preprinted form or document (other than an Biller Order, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between Biller and Invoice Cloud as a result of this agreement or use of the Service. The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Invoice Cloud in writing. All rights and obligations of the parties in Sections 4, b, 10, 12, 14 and 18 shall survive termination of this Agreement. This Agreement, together with any applicable Biller Order Form, comprises the entire agreement between Biller and Invoice Cloud and supersedes all prior or contemporaneous, negotiations, discussions or agreements, whether written or oral between the parties regarding the subject matter contained herein. Biller agrees that Invoice Cloud can disclose the fact that Biller is a paying customer and the edition of the Service that Biller is using. Additional terms and conditions and definitions applicable to this Agreement and the Biller Order Form are found at www.invoicecloud.comltermsandconditions (the "Biller T+C") and are agreed to by Invoice Cloud and the Biller. Biller Agreement The complete Biller Agreement includes the Biller Order Form. the Online Terms and Conditions and this Agreement a 14 Rev 3.0 147 Government Owned Addendum �mv�noumme, Ckvl Ageno�o Rev. GOV 1112015 This Addendum supplements the Merchant Application And/or Agreement executed and submitted by County of Indian Cou(Merchant Legal Narnc-°Merchant").Aosuch, this Addendum shall (i) be deemed incorporated into and a part of Merchant's Application to establish a Merchant account with Paymentech, LLC and JPMorgan Chase Bank, N.A. and (ii) in accordance with such Merchant Application and Agreement, constitute a part of the entire Agreement governing all Merchant accounts. Merchant is a Government Entity. Function of Merchant. Utility Authorized Purpose of Government Entity? utility |. the undersigned, certify: ^ that |mnonofficer mother authorized representative of the Merchant ('AuhuhzedRapveuentabvo")and ~ that | am duly authorized to enter into agreements on behalf ofMerchant and tolegally bind Merchant tosuch agreements. ~ that |amduly authorized tosubmit this Addendum and all information contained herein onbehalf ofthe Merchant. Authorized Representative: F.q Bysubmitting this Addendum, Merchant, through the undersigned Authorized Representative ^ represents and warrants that the person submitting this Addendum ioduly authorized toenter into agreements onbehalf ofMerchant and 0nlegally bind Merchant ho such agreements. ~ represents and warrants that all information contained within this Addendum is true, complete and not Print Name 148 CHASE CP Merchant Services o 4 Northeastern Boulevard, Salem, NH 03079-1952 o www.chasepaymentech.com • Paymentech Phone: (603) 896-6000 o Fax: (603) 896-8715 * Merchant—Services@ChasePaymentech,com Addendum for Application for Credit Card Processing Service Agreement/New Division Request Date: 7/5/16 Company ID#: Proiected Live Date: 10/5/16 �SIECTIONI: COM PANY/CONTACT'IN FORMATION Company Legal Name: Invoice Cloud, Inc Company Taxpayer ID#: 263972596 Contact Name: Robert Lapides Phone #: (781) 848-3733 EXT 223 Fax #: 877-256-8330 Email Address: blapides@invoicecloud.com Transactions processed for this new set up request belong to: Merchant whose company legal name is represented above... OR County of Indian River Board of An Additional Company whose legal name is: County Commissioners and is a 0 wholly-owned n partially owned Z affiliate n registered DBA or F1 Other (explain: of the merchant noted above. On behalf of Invoice Cloud Inc (Company Legal Name) 11 Robert Lapides President, GUB Division (Print Name) (Title) verify that the account set-up information is accurate, that I have the authority to make such a request and thus, it should be used to set up an additional account for our company, Z� . •I ..' ' ._�4 , I �. I ` - ' Z§#5TI0k.Y;'_d7U�N_E§ S_' `!U N I T�, ffdiff& f'ro' m division, name): i* � . �: 11 ` I . . I . - -­ Ir . - , , 4 Y - , ­! Parent Business Unit (up to 30 bytes) Parent Bus.Unit # Name (if applicable): (if applicable): Business Unit Name: County of Indian River BCC (up to 30 bytes) Business Unit #: SECTION'.3:,FUN I NGff new, banking, seb section if funds should be deposited to an existing bank account please complete the following: If USD or CAD, will funds be deposited into your existing Bank Account set up with Chase Paymentech? E) Yes or E]No If yes, Bank Account # (Section 9 does not need to be completed) If funds should be deposited to an existing funds transfer instruction please complete the following: If USD or CAD, will this division utilize an existing Funds Transfer Instruction (FTI)?E3 Yes or FINo lino, a new FT/ will be created. If yes, provide FTI # (Section 9 does not need to be completed) Rev1 1/18/10 1 NewDivisionSetup/cboo 149 CHASE 0 Merchant Services • 4 Northeastern Boulevard, Salem, NH 03079-1952 • www.chasepaymentech.com • Phone: (603) 896-6000 • Fax: (603) 896-8715 • Merchant—Services@ChasePaymentech.com SECTIO W^4:11-09,911< CONTACT INFORMATION (W-'9 requiredif new US entity and%r taxpayer ID, W-8 required fo ;Canadian _ enhttes) Transaction Division's Taxpayer ID #/No. 59-6000674 Same as Corporate Yes ❑ No 1099K Contact Name Bob Solari 1099K Contact email address : bsolari@ircgov.com This is the contact that will receive the 1099K mailing to the address listed on the W-9 supplied (on!required if different than Corporate) SECTION'4a:'TRANSACTION DIVISION r Division Name: Indian River BCC -Utility (up to 30 bytes - this will appear on your Financial Reports) Currency (list only 1 each per division): Presentment: US Settlement: US *** If using our Cross Currency Product — please provide both the Presentment and the Settlement Currencies • The following field appears on the customer's statement and identifies the merchant name for the consumer and credit card organizations. To further aid consumer recognition, Visa has sanctioned the abbreviation of the merchant name. It must be separated from product information by an asterisk (*), which must appear in the 4th, 8th or 13th position. The asterisk cannot be used for Retail Merchants. Internet service providers, e-commerce merchants may utilize a URL instead of Customer Service Phone if not processing any Mail-order transactions (URL must only be 13 bytes) Cardholder Descriptor (For all card types with the exception of American Express): C I n I t I y I I o I f I I n I d I i a n R I v I r I I B I C C 1 (22 bytes) Customer Service Phone * 7 7 2 - 2 2 6 - 1 8 4 5 (13 bytes) (Required for Mail Order or Recurring) City: (Required for Retail) (13 bytes) URL: (optional, if phone# provided above) (13 bytes) Division Location Address: 1801 27th Street Country: USA (Must be a street address, PO Boxes not acceptable) City: Vero Beach State/Prov: F L Zip Code (US): 3 2 1 91 6 10 (For Retail -City above must match City Location) �� Postai Code (Inti): I I I I I I I I Postai Code (Can): I I j�1 1 (6 bytes) (State/Province and Postal/Zip codes must match the address given above) Product/Service Description (Enter product description, i.e. clothing, t1 t I i t y books, membership) Publication Descriptor (Please provide only if required by your submitter): C�I T I Avg. Trans. $ Amt: 58 1Avg. # Trans./Yr: 120000 Projected Refund % 5 BPS How do you market this product? (Check only those that apply to this division) ❑ Catalog ❑ Direct Mail ®Internet ❑ Space Ad ❑ N []Outbound Telemarketing ❑ Other How will consumers provide credit card information to you when they order this product? (Select only one): ❑ Retail ❑ Mail/Phone(Marketing Material Required) ® Internet(Please provide your URL): http:// www.inyoicecloud.comlircgoy If internet is selected and the website is not yet available to consumers please complete a Marketing Material Supplement form which you may obtain from Merchant Services or your account executive. If Internet, please advise: Select one: ® SSL ❑ SET ❑ No encryption method Will the consumer be able to place their order and provide their credit card info (or electronic check info) through this website? ® Yes ❑ No Is the web site secure, i.e., will the information that the consumer provides, such as their name and credit card number be encrypted so that it can't be read or intercepted by other people? ®Yes ❑No Maximum Sale $125k Transaction Amount: (Default $25,000 U.S. dollars or established international currency equivalent per transaction) Maximum Refund $25k Transaction Amount: (Default $25,000 U.S. dollars or established international currency equivalent per transaction) (Approval will be required for any temporary or permanent increases to this ceiling limit). Please check the consumer's payment option for this division: (Select only one): ®Single payment ❑installment payments ❑Deferred payments ❑Recurring (transactions managed by merchant/submitter) 150 Rev11 /18/10 2 NewDivisionSetup/cboo CHASE C -P Paymentech Merchant Services o 4 Northeastern Boulevard, Salem, NH 03079-1952 * www.chasepaymentech.com • Phone: (603) 896-6000 * Fax: (603) 896-8715 * Merchant—Services@ChasePaymentech.com SECTION.4:-TRANSACTION DIVISION (continued Please check below if applicable: Z Bill Payment (A Bill Payment transaction is a transaction for an ongoing service/billing cycle that is known and agreed upon in advance by the merchant and cardholder. i.e. Membership or Insurance, etc.) Do you stock product? R Yes Z No Do you provide custom orders at time of sale? ❑ Yes No Do you own the product at the time of sale? Z Yes R No Do you drop ship the product? F1 Yes Z No If yes, what %: Are you filling your own merchandise orders? N Yes R No If no, who is your fulfillment service bureau? Fulfillment Contact: Phone #: SECTION SiliCHARGEBACK CONTACT-. (required) idA (mii7a4e'�lsu;:iervisbrl-ane 'w"ho assigns work to., ; MCAs). r.(Reqyired or, retail and Disc6ver) M RQA k (Manager/supervisor- one who assigns work to MRAs) maiie� of faxed, if not participating NOTE: ;,This Oiliact r6iy-receive ariy'e`xbe'ptioh clicurnents'that may n6ed.to ting in Chargeback. Wanag�errient'this vvill'15e�tfie default contact for Cha'rdeb6ck Ma i - ling second contact wilt not be req'aired ) Location: E] Merchant Z Submitter n Fulfillment (check one) If Submitter/Fulfillment, Name: M Mr. Z Mrs. r-1 Ms. First Name: Carolyn Last Name: Ambrose Title: Administrative Assistant Phone #: 781-848-3733 Ext: 231 Fax #: 877-256-8330 Alternate Fax #: Email Address: - Cambrose@invoicecloud.com Address: 30 Braintree Hill Office Park City: Braintree State/Prov: MA _ Zip/Postal Code: 02184 Country: USA Will this contact require access to: Transaction History ❑ Report Center M both Z ? Account Masking for this contact? Z Yes F1 NO Does this contact have a Paymentech Online User ID? E]Yes ®No If yes, provide User ID: (requirbd)'Mibk�4e�&h . ant Chargeba �vho*worki fi LCHAR�3EE§kC-KCONTACT:-­ cW4najjii '6n� (Reguihbd� for ret6il and Discdver).MRA ((Merchant Retrieval nalyst - one Who Works the. re val§)',�-�` Z Same as above (check here if the MCAIMRA Contact is the same as the IQAIMRQA contact) Location: E] Merchant E] Submitter El Fulfillment (check one) If Submitter/Fulfillment, Name: R Mr. F-1 Mrs. ❑ Ms. First Name: Last Name: Title: Phone #: Ext: Fax #: Alternate Fax #: Email Address: Address: City: State/Prov: Zip/Postal Code: Country: Will this contact require access to: Transaction History R Report Center n both [-I ? Account Masking for this contact? r-1 Yes ❑ No Does this contact have a Paymentech Online User ID? FjYes E]No If yes, provide User ID: Rev11/18/10 151 NewDivisionSetup/cboo CHASE CP Merchant Services * 4 Northeastern Boulevard, Salem, NH 03079-1952 * www.chasepaymentech.com • Paymentech Phone: (603) 896-6000 # Fax: (603) 896-8715 * Merchant—Services@ChasePaymentech.com SECTION 6: PRODUCTS & SERVICES Please indicate if you will be using any of the following additional services. Please note that some of these services May require an additional contract addendum and/or information if you currently do not have the service. (Forinformation on these services, please contact your Chase Paymentech Relationship Manager) 1. ❑ Authorization Recycling # of recycle attempts: _ (Default is 3 if left blank) # of days between attempts: (Default is 3 if left blank) Output Options: El Total (recommended) F_] Standard 2. M MC/IM SecureCode E] UKDM SecureCode 3. E] Account Updater (US Only, Canada & UK Only): MSubmitting or FlExtracting (if extracting Indicate # of Days: (1-180 days) (it Orbital Gateway For UK -Account Updater Visa EU Merchant ID required Hb '8�E C T i *6 N' 7-,,: f' 69,,6F:Pki NT Z visa Z MasterCard M JCB (US & Yen only) El UK Maestro/Switch Solo (UK domicile and GBR currency only) (As a default Discover will be set up except for those merchants that are retained by Discover, or do not have a company location address in the United States. As a default Discover Diners added whenever Visa and MC are added.) M Discover Canada (CAD only) ❑ Discover Diners Canada (CAD only) 0 Private Label vendor: Private Label attributes Please supply attributes for Private Label Vendor (Please work with your Vendor to obtain these attributes - for example - HRS Household - Please provide Credit Plan [-1 Discover (conveyed only) (US only) SE# I I I I I I I I I I I 1 (15 bytes) 0 American Express(conveyed) SE# I I I I I I 1 (10 bytes) As a rule: (US SE should begin with 'I -S", International SE should begin with a "9" Canadian SE should begin with a "93", International SE valid on some cross currency divisions dependent on presentment currency) AMEX Parameter Information Cardholder Descriptor: (Appears on your American Express cardholder statement)(All other card types use descriptor in Section 4) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 F-1 (20 bytes) TAA #11: (22 bytes) TAA #2: (22 bytes) TAA #3: — (22 bytes) TAA #4: (22 bytes) Do you support American Express Partial Auths? American Express - Yes F1 No r-1 For American Express Only, if yes - please select the following applicable option: Auth and Balance Return 0 Partial Auth EJ Both R How have you been classified as a merchant by American Express?: (please select one) Aggregator El Petroleum [] or Neither [] I Z Electronic Check Processing Parameter (US and Canadian only) Company Name: I n d i a n R i v. I e I r B I C C] (16 bytes) Item Description: U t i I i t y (10 bytes) Preferred Delivery Method: (select only one) Z Best Possible (US only) ❑ Facsimile Draft (US only) Ej ACH/EFT (US & Canada) Redeposit Parameter? R Yes Z No Indicate # of Days: 0 The default is '1" How do you obtain authorization from consumers? (Select only one) ❑ Written consent D Telephone Z Internet ECP Maximum Sale (if blank, these amounts will default to match the Bank Card Transaction Amounts. Enter an amount Transaction Amount: here only if the Maximum Sale and Refund amounts for ECP should be different than Bank Card) ECP Maximum Refund (If blank, these amounts will default to match the Bank Card Transaction Amounts. Enter an amount Transaction Amount: here only if the Maximum Sale and Refund amounts for ECP should be different than Bank Card) (Approval will be required for any temporary or permanent increases to this ceiling limit). Rev11/18/10 4 NewDivisionSetup/cboo 152 CHASE CP Paymentech Merchant Services o 4 Northeastern Boulevard, Salem, NH 03079-1952 * www.chasepaymentech.com • Phone: (603) 896-6000 * Fax: (603) 896-8715 * Merchant-Services@ChasePaymentech.com $ECTj0N.-7,-,METH0DS OF PAYMENT, (continued}' - n PINIess Debit (Not applicable for retail merchants) Please select the network vendors that you have approval from: NYCE [] STAR E] Pulse [] Accel ❑ n PIN Based Debit Applicable to retail merchants only) PIN BASED DEBIT Requires a PIN Pad - please complete section 8, item #4, entitled "Will you be using a Point -of -Sale terminal (US and Canada only) or Point -of -Sale software?" If checked above, this division will be setup for the following network vendors with the exception of EBT: (Pulse, NYCE, STAR, Interfink, Maestro, ACCEL, Alaska Options, Jeanie, AFFN, CU24) EBT required: Yes n or NOE] ? FCS# required if processing food stamp transactions: Ej Gift Card (U.S. only) El Bill Me Later' payment option (US only) ❑ European Direct Debit For EURO Only: (valid only for Euro currency divisions) Descriptor I I I ITI I Ll I I I I I (16 bytes) Default will be the first 16 characters of your Cardholder Descriptor unless otherwise noted Please select country(s) in which you will offer Direct Debit: AT (Austria) ❑ BE (Belgium) M DE (Germany) R NL (Netherlands)E] FR (France)E] For GBP only: (Valid only for GBP currency divisions) Descriptor I I I I❑I I❑I ] (7 bytes) Default will be the first 7 characters of your Cardholder Descriptor unless otherwise noted Country: UK R Redeposit Parameter? M No M Yes Indicate # of days: The default is I" R PayPal (Valid for US currency only) Payer Email Address: (32 character limit) (must be a unique email address belonging to the merchants business and must be working at the time of account creation. Note. No two accounts or divisions can share the same Payer email address.) Customer Service Email Address: (127 character limit) Primary Contact Name: Email: Descriptor : jPjAjYjPjAjLj* Business Name: Customer Service Phone# (75 character limit and must not contain the following characters &, <, and >.) Sales Venue: El eBay ❑ Other Marketplace [I My own Website(include hftp:) Avg.Transaction Price: $ Avg. Trans/Yr: (18 bytes) Percent of Annual revenue from online sales: (Optional) El Other Authentication Method: (the method by which you (the merchant) will authenticate your customer with PayPal - you must choose only one) PayPal Direct [I Cardinal Commerce Centinel F -I (if Cardinal Commerce is involved, please complete the following): Are you using Ecometry or CommercialWare Software to facilitate your Paypal Integration? Yes Fj No E:1 Time Zone (based on merchant's location): SSL Security: (check one) HTTP F1 or HTTPS F-1 Tech Contact Name: Phone: Email Address: Revl 1/18/10 5 NewDivisionSetup/cboo 153 CHASE Paymentech, Merchant Services • 4 Northeastern Boulevard, Salem, NH 03079-1952 • www.chasepaymentech.com . Phone: (603) 896-6000 • Fax: (603) 896-8715 • Merchant_Services@ChasePaymentech.com SEC.TiON 8:: RRO:CESSIN'GFMETHOD Who will be submitting transactions to Chase Paymentech? ® Merchant ❑ Other Co. Name: Invoice cloud (i.e. fulfillment co, or ECommerce provider) If known, please provide the Presenter ID # (PID): or Submitter # (SU): ❑ 1. Will you be submitting transactions from a computer system? What is the name of the manufacturer and model of your computer platform? What is the name of the manufacturer and model of your modem? ❑ Internal ❑ Exte'rnal Will you be coding to Chase Paymentech specifications? ❑ Yes ® No Will you use NetConnect Batch for Connectivity? ❑ Yes ® No Will you use NetConnect for connectivity for online authorization only? ❑ Yes ® No If yes, NetConnect Contact Name: Email: Userld (if existing): Phone: If applicable, name the software vendor and application you will be using to format your files: ® 2. Will you be using the Orbital Payment Gateway? 'If this is the first division using the Orbital Payment Gateway, please contact your Relationship Manager Primary Contact`: Tony Cordova Used (if existing) Address: 642 E Washington St. City: Brownsville State: TX Zip/Postal Code: 78520 Country: USA Phone: 956-542-6825 Email (required): tcordova@invoicecloud.com `Primary contact must be the merchant contact for security needs. Auto -Settle Time: none ❑ AM or ❑ PM To meet 10 ET Host window, this should be set no later than 8pm to allow Gateway to settle. Merchant Time Zone: NA Note: The Auto -Settle time is based in the merchant time zone. (US time zones only) Profile Management required? ❑Yes or ®No Level of access: ❑ Merchant or ❑ Chain (select one, default is Merchant) VT Import Functionality? ❑ Yes ® No Auth Recycling? ❑ Yes ® No # of Recycle Attempts: (Default is 3) # of Days between attempts: ❑ 3. Will you be using: ❑ Paypal/Verisign ❑ CyberSource ❑ 4. Will you be using the iTerminal? (retail divisions only) Primary Contact': UserlD (if existing) Address: City: State: Zip/Postal Code: Country: Phone: Email (required): `Primary contact must be the merchant contact for security needs. Auto -Settle Time: ❑ AM or ❑ PM To meet 10 ET Host window, this should be set no later than 8pm to allow Gateway to settle. Merchant Time Zone: Note: The Auto -Settle time is based in the merchant time zone. (US time zones only) Magtek Reader Needed? ❑Yes ❑No if Debit, PinPad Needed? ❑Yes ❑No If Yes, NBS7100❑ or Verifone SC5000❑ (If Yes, Magtek Readers are purchase only) ( iTerminal is only certified to utilize the above PinPads and are purchase only) Rev11/18/10 o New Division/cboo 154 CHASE CO Paymentech Merchant Services * 4 Northeastern Boulevard, Salem, NH 03079-1952 * www.chasepaymentech.com • Phone: (603) 896-6000 e Fax: (603) 896-8715 * Merchant—Services@ChasePaymentech.com '�:,PRGCESSINd SECTION METH60'(c666bbdJ' El 5. Will you be using a Point-of-sale terminal (US & Canada only) or Point -of -Sale software? Point of Sales Software: POS/Software Name: Host Capture F] Terminal Capture F-1 Connectivity: Dial El NetConnect R (If NetConnect see requirements below) If NetConnect: Where is your software hosted/configured? Corporate locationR or Division locationR NetConnect Contact Name: Email address: Userld if existing: Phone: PIN Pad Type and quantity?(forPIN BASE DEBIT Only) Quantity: Is PIN Pad Existing R or PIN Pad Purchase NeededR Injection — Will you be using the Chase Paymentech Encryption Key [I or you do own your own Encryption Key? 1771 Who will be injecting the Encryption Key into your PIN Pad? Please select one below: FI Chase Paymentech Solutions F] Other Vendor Name: Equipment/Terminals: Will you [I Purchase? El Rent? (US Only) ❑ Use existing equipment? M Yes E] No Terminal/Equipment Type: If purchase or rent, date needed by: Terminal quantity? Printer Type: Host Capture [I Terminal Capture F-1 Connectivity: Dial E] NetConnect M Wireless M NetConnect Contact Name: Userld if existing: PIN Pad Type and quantity? (for PIN BASE DEBIT Only) (If NetConnect see requirement below) Email address: Phone: Printer quantity? Quantity: Is PIN Pad Existing n or PIN Pad Purchase Needed n Injection — Will you be using the Chase Paymentech Encryption Key [I or you do own your own Encryption Key? El Who will be injecting the Encryption Key into your PIN Pad? Please select one below: El Chase Paymentech Solutions n Other Vendor Name: Store Phone #: Terminal Line Phone #: Customer Service Phone # (if different then Store Phone #) Dial Out Prefix (9,8,5): Eq u ipmenVKits/I m printers Ship To Address (if different than store Attention to: location) Please ensure a contact will be available to accept shipment: Default will be Store Manager Street Address: City: Ship to contact's phone#: Store Opening Date: State/Prov: Zip/Postal Code: Country: Ship to contact's email: Special Requirements: Do you require a "re -program" kit? (overlay, quick reference guide, etcJ Yes[ --J No[] Do you require an Imprinter? E]Yes FlNo Type of Imprinter required: With Dater E] or Without Dater M Do you require an Imprinter Plate? E]Yes FlNo Do you require a Welcome Kit? (this includes sales drafts, credit drafts, etc) YesE] NoE] 7 155 Rev11/18/10 New Division/cboo CHASE 0 Pamentech �17 Merchant Services * 4 Northeastern Boulevard, Salem, NH 03079-1952 * www.chasepaymentech.com • Phone: (603) 896-6000 * Fax: (603) 896-8715 * Merchant—Services@ChasePaymentech.com Afnfo- Whan -caffinn tin mififinip hank arcniints- please complete a senarate form for each. SECTION,9:. BANKACCOUNT INFORMATION Check only one' Settlement Currency in Which' -we Deposit I •Pomplette all sections ofthe i,options I will -fu I rid to you (Couintry4ihere yo*u'r Ba nk Acct . ' listed: - ow, b6l' I Reiidii) Option #1 ED USD USA A, E (See section A Note section) Option #2 ❑ CAD CAN B1 to B3, E Option #3 El USD CAN B1 to B3, D3, D4, E Option #4 [1 USD Int'l C1 to C3, D1, D3, D4, E (list country funds are being deposited in Option #5 [1 E]Euro, MGBP, El JPY, MAUD, El Euro Bank or SAME as C1 and/or C2, C3, E HKD, MDKK, [:1CHF, FINOK, MSEK, presentment/settlement currency [:INZD, EIZAR Option # 6 El E]Euro, MGBP, El JPY, FIAUD, El If DIFFERENT than Settlement C1 and/or C2, C3, Di HKD, MDKK, [:ICHF, E)NOK, EISEK, Currency and/or D2, D4, E ONZD, OZAR, MUSD Int'l (list country funds are being deposited in Option #7 ❑ []Euro, MGBP, [:] JPY, MAUD, M CAN 131 to 83, D1, D4, E HKD, MDKK, E:1CHF, []NOK, [:ISEK, EINZID, EIZAR . Se4566-n-''A (select only one method of transfer) ED ACH Transfer I I L 1- (ASA #) El Wire Transfer (See Note) (Fedwire#lRouting #) El Swift Transfer (See Note) (Swift Code: (8 to 11 bytes) Please Note: Swift code is required if your division is located outside of the US or Canada and is settling funds in USD. Wire transfer requires both A CH ABA# and FedwireViRouting#, Special Wire Instructions: (60 bytes) Bank Account #: Company Name: (As appears on Bank Account) Financial Institution Name: City: State: Zip/Postal Code: 0 Checking OR El Savings Country: United States 'Section El"CANADIAN.BANK ACGOUNT,.INFORMATION-':-T.ia'nsfi6rMi?thod EFT Ciinly' 131 Institution Number: EFT Branch Transit Number: I I I B2 Swift Code: (8 to 11 bytes) 1 1 1 1 (required if settlement is USD) B3 Bank Account # Company Name: (As appears on Bank Account) Financial Institution Name: City: Province: Postal Code: Country: Canada ❑ Checking OR n Savings 8 156 Rev1 1/18/10 New Division/cboo CHASE 6.) Paymentech Merchant Services # 4 Northeastern Boulevard, Salem, NH 03079-1952 * www.chasepaymentech.com • Phone: (603) 896-6000 * Fax: (603) 896-8715 * Merchant—Services@ChasePaymentech.com Section C:: -FINAL DESTINATION BANK Account Where Your Funds are Deposited C1 Swift Code: (8 to 11 bytes) C2 Sort Code: (Required in Great Britain Only) C3 IBAN/Bank Account # Company Name: (As appears on Bank account) Financial Institution Name: City: State/Province: Special Wire Instructions: (60 bytes) Postal Code: Country: Sectlbii'D:',INTERMEDIARY/CLEARIN'G,BANK ACCOUNT INFORMATION oifi;�joi;ij�f�rough J.P. Chase in London, is n-' uired. Complete. Section "C" N" not req' on Y. {Nate: —Pni'l De N D1 Swift Code: (8 to 11 bytes) -T--Fj D2 Sort Code: (Required in Great Britain Only) D3 Wire Transfer: (USA Only) (Routing #) D4 Financial Institution Name: City: State/Province: Postal Code/Zip: Country: Special Wire Instructions: (60 bytes) ot "On behalf of County of Indian River Board of County 1, Bob Solari represent and warrant Commissioners (Merchant Legal Name) (Print Name) that I have the authority to add banking information and I verify that the above banking information is accurate and should be used to transfer funds accordingly." Board of County Commissioners Authorized Signature* Title Date (must oe signea ny izxecutive or t-inanciat uonract) Note: In order to process this request, please attach an original voided check (starter check or bank statements not applicable) or a bank letter of verification. --------------------------------------------------------------------------------------------------------------------- A TTA CH VOIDED CHECK HERE ------------------------------------------------- -------------------------------------------------------------------- Rev 11/18/10 9 New Division/cboo 157 CHASE Cp Paymentech Merchant Services * 4 Northeastern Boulevard, Salem, NH 03079-1952 9 www.chasepaymentech.com • Phone: (603) 896-6000 * Fax: (603) 896-8715 e Merchant—Services(cDChasePaymentech.com !.SECTIOWIOREPORT. CENTER AND TRANSACTION HISTORY ACCESS FORM, - 1. Please be sure to include the information below for additional contact that requires access to Transaction History and/or Paymentech Online Report Center. 2. Report delivery will be web based via Paymentech Online. 3. Please note: You, the merchant, are responsible for advising Chase Paymentech of changes in Paymentech Online contacts. Chase Paymentech assumes no responsibility or liability of any kind for Merchant's failure to advise Chase Paymentech of changes to or elimination of Paymentech Online Users. Please be sure to complete all fields below. Salutation: Check one: Z Mr. ❑ Ms. r-1 Mrs. Name: Robert Lapides Title: President, GUB Division Phone #: 781-848-3733 Fax #: 877-256-8330 Address: 30 Braintree Hill Office Park, Suite 303 City: Braintree State/Prov: MA Zip/Postal Code: 02184 Country: USA Email Address: (40 bytes) blapides@invoicecloud.com - (usemame@domain,com) Does this contact have a Paymentech Online User ID? n Yes Z No If yes, please provide User ID: Does this User require access to: ❑ Reporting R Transaction History Z Both Account Masking Z Yes ❑ No For existing merchants — Is this User replacing an individual with Paymentech Online Access? F1 Yes D No If yes, who? Has this individual left the company? M Yes R No For existing merchants — Is this User's access to be mirrored like another User Paymentech Online Access? E3 Yes R No If yes, who? Salutation: Check one: 0 Mr. Ems. R Mrs. Name: Deborah Bowler Title: VP of Operations Phone #: 781-848-3733 Fax #: 877-256-8330 Address: 30 Braintree Hill Office Park, Suite 303 City: Braintree State/Prov: - MA Zip/Postal Code: 02184 Country: USA Email Address: (40 bytes) dbowler@invoicecloud.com (usememe@domain.com) Does this contact have a Paymentech Online User ID? F-1 Yes El No If yes, please provide User ID: Does this User require access to: n Reporting M Transaction History Z Both Account Masking Z Yes M No For existing merchants — Is this User replacing an individual with Paymentech Online Access? R Yes ❑ No If yes, who? Has this individual left the company? R Yes ❑ No For existing merchants — Is this User's access to be mirrored like another User Paymentech Online Access? 0 Yes []No If yes, who? For 'additi6haI-Uie'M,,_p'1.6ate'sub it additio-n-aIforms. 1, Robert Lapides President, Government, Utilities verify that the and Business Services Division (Print Name) (Title)* contact information is accurate, that I have the authority to make such a request and thus it should be used to grant access for these contacts to access Transaction History and/or the Report Center. Signature: *(must be signed by Executive or Financial Contact) 10 Rev1 1/18/10 New Division/cboo 158 CHASE C5 PaymentxechYM 14221 Dallas Parkway, Dallas, Texas 75254 •4 Northeastern Blvd, Salem, NH 03079-1952 Sales Phone (603) 896-8324 • Sales Fax (603) 896-8701 www.chasepaymentech.com Page 1 of 2 Paymentech Contract No. 063576 159 * ,a �, • COMPANY LEGAL NAME: County of Indian River -Board of County Commissioners TAXPAYER ID 59-6000674 REGISTERED TRADE NAME YEAR BUSINESS STARTED 11 1925 1111 PHYSICAL STREET ADDRESS: 180127th Street (NO PO BOX OR PAID MAIL BOX) CITY Vero Beach STATE FL JJJJ ZIP CODE 32960 PRIMARY CONTACT Bob Solara TELEPHONE # F(772)226- 1845 TYPE OF ENTITY []INDIVIDUAL/ SOLE PROPRIETOR ❑PARTNERSHIP ❑CORPORATION ®GOVERNMENT ❑LLC* * IF LLC, TAXED AS: ❑DISREGARDED ENTITY [-]CORPORATION []PARTNERSHIP TYPE OF OWNERSHIP: ❑ PUBLIC ❑ PRIVATE ❑ NON PROFIT ❑ SUBSIDIARY OF PUBLIC COMPANY ®OTHER: County, Government STATE OF FORMATION FL DATE OF FORMATION (MM/DD/YYYY) _ 1/1/1925 TRADING SYMBOL FISCAL YEAR END (MM/DD/YYYY) ( HASVER FILED BANKRUPTCY? SERCH%NOJ[IF YES, WHAT CHAPTER? [FILING DATE: [EMERGENCE DATE: •t- • } • �7AG5b W.a.+"'"Iw�..n�Y'w..w.+./cww..,...r.i^.4... r-.. �Py} SOCIAL SECURITY BIRTHDATE NAME OR OR TAX ID NUMBER DATE OF INCORPORATION STREET ADDRESS TELEPHONE NUMBER TY STATE —11 ZIP CODE �— CI SIGNATURE PERCENT OWNERSHIP % SOCIAL SECURITY BIRTHDATE NAME OR OR TAX ID NUMBER DATE OF INCORPORATION STREET ADDRESS TELEPHONE NUMBER CITY STATE ZIP CODE I �j SIGNATURE PERCENT OWNERSHIP DO YOU HAVE ANY ADDITIONAL OWNERS (NOT LISTED ABOVE) THAT HAVE 10% OR GREATER OWNERSHIP, EITHER DIRECTLY OR INDIRECTLY? ❑ YES OWNER ADDENDUM REQUIRED (SALES REPRESENTATIVE WILL PROVIDE) §gNO -- ------------------------------------------------------------------------------------------------------------------------------------------------- NOTE: IF AN ENTITY/PARENT COMPANY IS LISTED IN SECTION 2 ABOVE THAT HAS 10% OR GREATER OWNERSHIP OF THE APPLICANT, IDENTIFY ANY OWNERS (INDIVIDUALS AND/OR ENTITIES) OF THE ENTITY/PARENT COMPANY THAT ULTIMATELY HAVE 10% OR GREATER OWNERSHIP IN THE APPLICANT ON THE ADDITIONAL OWNER/OFFICER ADDENDUM (SALES REPRESENTATIVE WILL PROVIDE) Page 1 of 2 Paymentech Contract No. 063576 159 4 I�i�)''�'!jA���i, r:Vi i+' (1 �,7y -�'., d.iC.. 'SA ";id's• ,r a,•'y} :i r a s' �, '�+w�+� _ CS' ..•"{'. .I,-. t`*a ��.Trr,�.`SI J.�E.?i�i+_asur��-}a_ �� .if? a _ �.•_ � _ _ COMPANY PRESIDENT Bob Solari (Board of County Commissioners) (RESIDENTIAL ADDRESS IS PREFERRED, BUT IF NOT AVAILABLE BUSINESS ADDRESS IS ACCEPTABLE) STREET ADDR'ESSSjS 180127th Street CITY I Vero Beach STATE FL ZIP CODE 32960 -� COMPANY CFO: 11 (RESIDENTIALADDRESS IS PREFERRED, BUT IF NOT AVAILABLE BUSINESS ADDRESS IS ACCEPTABLE) STREET ADDRESS 11 CITY_JE STATE ZIP CODE IS THERE ANYONE NOT LISTED ABOVE WHO HAS THE AUTHORITY TO MAKE FINANCIAL DECISIONS OR CONTROL COMPANY POLICY ON BEHALF OF YOUR BUSINESS? ❑ YES OWNER ADDENDUM REQUIRED (SALES REPRESENTATIVE WILL PROVIDE) RNO b i t tr ` '- °r-";'�".r tie(tie •.: ,r}, -.y;_« ., L111 _ e.1'� - ,.'%, I"a.'; K • --- - - . ;I L. 'Nit XV AUTHORIZED ADMINISTRATOR FOR PURPOSES OF ACCOUNT BOARDING AND IMPLEMENTATION MEANS AN OWNER, PARTNER, OFFICER, EMPLOYEE OR OTHER AGENT OF THE MERCHANT THAT HAS BEEN APPOINTED BY AN EXECUTIVE OF MERCHANT AND WHO 15 DULLY AUTHORIZED TO PROVIDE INFORMATION AND EXECUTE DOCUMENTATION ON BEHALF Of AND RELATED TO MERCHANT IN ORDER TO FACILITATE THE INITIAL SET UP OF MERCHANTS'S ACCOUNT WITH CHASE PAYMENTECH. PER CHASE PAYMENTECH POLICY, AUTHORIZED ADMINISTRATORS ARE NOT PERMITTED TO MODIFY THE MERCHANT'S ACCOUNT WITH CHASE PAYMENTECH AFTER COMPLETION OF THE INITIAL SET UP OF MERCHANTS'S ACCOUNT. SUCH CHANGES MUST BE MADE, BY AN EXECUTIVE OR FINANCIAL CONTACT, AS APPLICABLE AND AS THOSE ROLES ARE DEFINED BY MERCHANT. NAME (please print) Bab Solari TITLE (please print) Board of County Commissioners TELEPHONE NUMBER 772.226-1440 EMAILADDRESS: bsolari@ircgov.com SIGNATURE DATE: + #" + • , .¢i; .. A .icy {.'� y ,q� i `yx ^.� 'Y•s, ia�.# K �.. �� ••C., 2"...'.W,.X .i.R. � �_'.Fsx -�...J v �.. �L .?Y _ �}) f � _ 1, the undersigned, being an officer/principal of represent and warrant that the statements made on this document are correct and factual. 1PMorgan Chase Bank, NA ("Member") and Paymentech, LLC ("Paymentech" or "Chase Paymentech") are authorized to conduct any necessary investigation, including without limitation, authorization for a bank to release standard banking information. (Photocopy of signature below is valid for the release of information and will remain valid until the termination or expiration of the Merchant Agreement) NAME (please print) Bab Solari TITLE (please print Board of County Commissioners SIGNATURE_ DATE _7 (IF THE SIGNER HAS NOT ALREADY PROVIDED IT ABOVE, A RESIDENTIAL ADDRESS IS PREFERRED, IF AVAILABLE (NO PO BOX OR PAID MAILBOX). IF NOT AVAILABLE BUSINESS ADDRESS IS ACCEPTABLE. STREET ADDRESS 180127th Street CITY T VeroBeachSTATE FL ZIP CODE 32960 • , ,FR Fyr'...f h- rel:.' '` y_ .-'G�'%,• 5->� "'r r+.aV ix *r, +�, ,.s it `SUBMITTER NAME Invoice Cloud, Inc. *Note: Each Merchant is required to submit a W9 with this application, regardless if Paymentech will be utilizing the Submitter's TIN for IRS reporting purposes. Rev 11/15 Page 2 of 2 Paymentech Contract No. 063576 160 CHASE SUBMITTER MERCHANT PAYMENT PROCESSING INSTRUCTIONS AND GUIDELINES Paymentech, LLC ("Paymentech" or "we", "us" or "our" and the like), for itself and on behalf of JPMorgan Chase Bank, N.A. ("Member"), is very excited about the opportunity to join Invoice Cloud, Inc. in providing you with state-of-the-art payment processing services. When your Customers pay you through Invoice Cloud, Inc., you may be the recipient of a Card funded payment. The organizations that operate these Card systems (such as Visa U.S.A., Inc. and MasterCard International Incorporated; collectively, the "Payment Brands") require that you (i) enter into a direct contractual relationship with an entity that is a member of the Payment Brand and (ii) agree to comply with Payment Brand Rules as they pertain to applicable Card Transaction you submit through Invoice Cloud, Inc.. You are also required to fill out an Application with Paymentech. The Application provides Paymentech with information relative to your processing practices and expectations. By executing this document, you are fulfilling the Payment Brand Rule of entering into a direct contractual relationship with a member, and you are agreeing to comply with Payment Brand Rules as they pertain to Transactions you submit for processing through the Invoice Cloud, Inc. service. We understand and acknowledge that you have contracted with Invoice Cloud, Inc. to obtain Card processing services on your behalf and that Invoice Cloud, Inc. may have agreed to be responsible for your obligations to us for such Transactions and as set forth in these guidelines. The following information is designed to inform and assist you as we begin our relationship. I. Your Acceptance of Cards • You agree to comply with all Payment Brand Rules, as may be applicable to you and in effect from time to time. You understand that we may be required to modify these instructions and guidelines in order to comply with requirements imposed by the Payment Brands. • In offering payment options to your customers, you may elect any one of the following options. These acceptance options above apply only to domestic transactions: (1) Accept all types of Visa and MasterCard cards, including consumer credit and debit/check cards, and commercial credit and debit/check cards; (2) Accept only Visa and MasterCard credit cards and commercial cards (If you select this option, you must accept all consumer credit cards (but not consumer debit/check cards) and all commercial card products, including business debit/check cards); or (3) Accept only Visa and MasterCard consumer debit/check cards (If you select this option, you must accept all consumer debit/check card products (but not business debit/check cards) and refuse to accept any kind of credit cards). • If you choose to limit the types of Visa and MasterCard cards you accept, you must display appropriate signage to indicate acceptance of the limited acceptance category you have selected (that is, accept only debit/check card products or only credit and commercial products). • For recurring transactions, you must obtain a written request or similar authentication from your Customer for the goods and/or services to be charged to the Customer's Card, specifying the frequency of the recurring charge and the duration of time during which such charges may be made. Z. Settlement • Upon our receipt of your Transactions, we will process your Transactions to facilitate the funds transfer between the various Payment Brands, you and Invoice Cloud, Inc.. Unless otherwise agreed to by the parties, after we receive credit for such Transactions, we will provide provisional credit to one or more of the Bank Account(s) you designate herein under the "Funding Schedule" section. • You must not submit Transactions for payment until the goods are delivered, shipped, or the services are performed. If a Customer disputes being charged for merchandise or services before receiving them, the result may be a Chargeback to you. 3. Charzebacks • You may receive a Chargeback for a number of reasons. The following are some of the most common reasons for Chargebacks, but in no way is this meant to be an exhaustive list of all Chargeback reasons: (1) You do not issue a refund to a Customer upon the return or non-delivery of goods or services; (2) An authorization/approval code was required and not obtained; INTERNALPAYMENTECH USE Rev 01/14 Merchant Name: County of Indian River -Board of County Commissioners Page 1 of 3 Paymentech Contract No. 063576 161 8A The Transaction was fraudulent; WU The Customer disputes the Card oo|e or the signature on the ouic documentation, or claims that the uu|e is subject to uxot-mO[ . defense ovcounterclaim; or (j) The Customer refuses to make payment for uCard sale because in the Customer's good faith opinion, u claim or complaint has not been resolved, or has been resolved by you but in an unsatisfactory manner. 4. Data Security an(I Privaci w Bysigning ^ below, you represent mus that you do have to any Card Information (such as the Customer's primary account number, expiration date` security code orpersonal identification number) and you will not request access to such Cord lutormudun from Invoice Cloud, Inc., In the event that you do buppau to receive Card Information in connection with the processing services provided by Invoice Cloud, Inc. or9oymeotecb under these guidelines, you agree that you will not use it for any fraudulent purpose or in violation of any Payment Brands or applicable law and you will comply with all applicable Payment Brand Rules and Security Standards. }fn1any time you believe that Card Information has been compromised, you must notify um promptly and assist in providing notification tothe proper parties. You must ensure your compliance with all Security Standards that are applicable tuyou and which may bcpublished from time tutime bythe Payment Brands. lfany Payment Brand requires onaudit ofyou due tnudata security compromise event orsuspected event, you agree tocooperate with such audit. You may not use any Card Information other than for the sole purpose of cornpleting the Transaction authorized by the Customer for which the information was provided tu you,orauspecifically allowed hyPayment Brand Rules, urrequired hylaw. In the event wfyour failure, including bankruptcy, insolvency orother suspension of business operations, you obe|\ not sell, transfer ordisclose any materials that contain Transaction information or Card Information to third parties. 5. Funtfing Schedule ° In order to, receive funds from PoymuntoJ, you mast maintain one or more 6uok account(s) at a hunk that is a member of the Automated Clearing House ("AC8,)system and the Federal Reserve nd (the "Bank &ocouot"). You must designate o¢ least one Bank Account for the deposit and settlement of funds and the debit of any fees and costs associated with Paymentech's processing ufthe Transactions (all such designated Bank Accounts shall be collectively referred toherein umthe "Settlement &oouuut`). You authorize Pay/nemnoohto initiate electronic credit and debit entries and adjustments toyour Settlement /\oouunt inaccordance with this Section 5. Wcwill not hrliable for any delays inreceipt offunds orerrors ioSettlement Account entries caused by third parties, including but not limited to delays or errors by the Payment Brands or your bank. * Unless otherwise agreed tohythe parties, the proceeds payable to the Settlement Account shall be equal tothe amounts received byuuin respect of your Card transactions less all Chargebacks,Customer refunds and other applicable charges. Such amounts will he paid into the Settlement Account promptly following our receipt ofthe funds. If the proceeds payable to the 8ao|am*ut Account do not represent sufficient credits, or the Settlement Account does not have a sufficient balance to pay amounts due from you tinder these guidelines, we may pursue one or more of the following options: (i)demand and receive immediate payment for such amounts; (ii) debit u Bank Account for the amount of the negative hu|unoe' (iii) withhold settlement payments to the Settlement Account uuh| all amounts are paid, (iv)delay presentation ofrefunds until apoymcnt immade toumofasufficient amount to cover the negative balance; and (v) pursue any rernedies we may have at law or in equity. w Unless and uoh| we receive written instructions from you /othe contrary, all amounts payable byPaymvnteob1oyou will be deposited in the Settlement Account designated and authorized by you as set forth below: Name ufBank: ABA No.: Account No.: Account Name: Merchant Name: County of Indian Riv�r-Board of County Commissioners �a 3 Paymentech Contract No. 063576 1 162 6. Definitions "Application" is a statement of your financial condition, a description of the characteristics of your business or organization, and related information you have previously or concurrently submitted to us, including credit and financial information. "Card" is an account, or evidence of all account, authorized and established between a Customer and a Payment Brand, or representatives or members of a Payment Brand that you accept from Customers as payment for a good or service, Payment Instruments include, but are not limited to, credit and debit cards, stored value cards, loyalty cards; electronic gift cards, authorized account or access numbers, paper certificates and credit accounts. "Chargeback" is a reversal of a Transaction you previously presented to Paymentech pursuant to Payment Brand Rules. "Custonter" is the person or entity to whom a Card is issued or who is otherwise authorized to use a Payment Instrument. "Member" is JPMorgan Chase Bank, N.A. or other entity providing sponsorship to Paymentech as required by all applicable Payment I Brand. Your acceptance of Payment Brand products is extended by the Member. "Payment Brand" is any payment method provider whose payment method is accepted by Paymentech for processing, including, but not limited to, Visa, U.S.A., Inc., MasterCard International, Inc., Discover Financial Services, LLC and other credit and debit card providers, debit network providers, gift card and other stored value and loyalty program providers. Payment Brand also includes the Payment Card Industry Security Standards Council. "Payment Brand Rules" are the bylaws, rules, and regulations, as they exist from time to time, of the Payment Brands. "Card Information" is information related to a Customer or the Customer's Card, that is obtained by you or Invoice Cloud, Inc. from the Customer's Card, or from the Customer in connection with his or her use of a Card (for example a security code, a PIN number, or the customer's zip code when provided as part of an address verification system). Without limiting the foregoing, such information may include a the Card account number and expiration date, the Customer's name or date of birth, PIN data, security code data (such as CVV2 and CVC2) and any data read, scanned, imprinted, or otherwise obtained from the Payment Instrument, whether printed thereon, or magnetically, electronically or otherwise stored thereon. "Paymentech", "we", "our", and "us" is Paymentech, LLC, a Delaware limited liability company, having its principal office at 14221 Dallas Park -way, Dallas, Texas 75254. "Security Standards" are all rules, regulations, standards or guidelines adopted or required by the Payment Brands or the Payment 'Card Industry Security Standards Council relating to privacy, data security and the safeguarding, disclosure and handling of Payment Instrument Information, including but not limited to the Payment Card Industry Data Security Standards ("PC] DSS"), Visa's r . Cardholder Information Security Program ("CISP"), Discover's Information Secuity & Compliance Program, American Express's Data Security Operating Policy, MasterCard's Site Data Protection Program ("SDP"), Visa's Payment Application Best Practices ('PABP"), the Payment, Card Industry's Payment Application Data Security Standard ("PA DSS"), MasterCard's POS Terminal Security program and the Payment Card Industry PIN Entry Device Standard, in each case as they may be amended from time to time. "Transaction" is a transaction conducted between a Customer and you utilizing a Card in which consideration is exchanged between the Customer and you. Please acknowledge your receipt of these instructions and guidelines and your agreement to comply therewith. Agreed and Accepted by: Agreed and Accepted by: County of Indian River -Board of County Commissioners PAYMENTECH, LLC for itself and on behalf of MERCHANT LEGAL NAME (Print or Type) JPMORGAN CHASE BANK, N.A. 180127111 St., Vero Beach, FL 32960 Address (Print or Type) By (authorized signature) By, Name, Title (Print or Type) MR Print Name: David Miller Title: Vice President, Credit Operations Date: Address: 4 Northeastern Boulevard,• Salem, NH 03079 INTERNAL PAYtv1ENTECH USE Rev 01/14 Merchant Name: County of Indian River -Board of County Commissioners Pace 3 of 3 Paymentech Contract No. 063576 163 Schedule A to Merchant Agreement Merchant Name: Invoice Cloud, Inc. For Transactions for: County of Indian River -Board of County Commissioners CHASE d M, TM 'Imp Schedule A to Merchant Agreement Paymentech Assumptions Annual Payment Transaction Volume 86,400 Average Transaction Amount $58.00 Visa Authorizations See Volume Schedule Visa Settled Transactions See Volume Schedule MasterCard Settled Transactions See Volume Schedule American Express Conveyed Transactions No Charge Diners Settled Transactions See Volume Schedule Discover Settled Transactions See Volume Schedule JCB Settled Transactions No Charge Visa Authorizations See Volume Schedule MasterCard Authorizations See Volume Schedule American Express Authorizations See Volume Schedule Diners Authorizations See Volume Schedule Discover Authorizations See Volume Schedule JCB Authorizations See Volume Schedule ..... . ....... ........ ............. . Visa, MasterCard, Diners, Discover or JCB Settled Chargeback Processed or Represented Visa Auth Reversal - Visa authorization reversal misuse prevention See Volume Schedule MasterCard Auth Reversal - Visa authorization reversal misuse prevention See Volume Schedule Audio Response Unit Authorization — Charged when voice auth is handled by automated system $.50 Voice Authorization - Charged when you call the Voice Auth phone number to authorize a credit $.90 card Voice AVS Request - Charged to speak to voice operator for each Voice Address Verification $.,go request I Voice Authorization Reversal - Charged for each voice authorization reversal $.90 Voice AVS Authorization - Charged per each voice Address Verification Service authorization $1.75 Voice Operator Assist - Charged for each voice operator assistance $1.75 Internal Paymentech Use Only: Paymentech Contract No.: 063576 1 of 4 Rev 07/16 Date: July 6, 2016 1 164 Visa, MasterCard, Diners, Discover or JCB Settled Chargeback Processed or Represented $7.00 Visa, MasterCard, Diners, Discover or JC13 Collection, Pre -Arbitration or Compliance $10.00 Internal Paymentech Use Only: Paymentech Contract No.: 063576 1 of 4 Rev 07/16 Date: July 6, 2016 1 164 Schedule A to Merchant Agreement Merchant Name: Invoice Cloud, Inc. For Transactions for: County of Indian River -Board of County Commissioners 3. tine lime and i 67F."e"e7s M One 'time Fees - Ekqno WWITOTOIMF Monthly Paymentech Gateway Fee (per division) No Charge Rejected Transaction $.03 ACH Transfer Fee - Charged for each ACH (transmission of funds) sent to your account $.50 Current Market Wire Transfer Fee - Per each funding via wire transfer $10.00 3. tine lime and i 67F."e"e7s M One 'time Fees - Ekqno WWITOTOIMF Monthly Paymentech Gateway Fee (per division) No Charge Rejected Transaction $.03 Paymentech Gateway Transaction $.01 3. tine lime and i 67F."e"e7s M One 'time Fees - Ekqno WWITOTOIMF Monthly Paymentech Gateway Fee (per division) No Charge 5. a me- Wand . Fees MAssessed roeach transaction. the TPayment zBrands ]Fassess processed 7t UM �51050�57�� these fees. genericallyto herein as Payment Brand Fees oess g? -V lusa leesTand,75c fees. lfe7g-s�oneRhltransaction consrs# of interchange Monthly Fax/Mail Reporting Fee - Charged each month Paymentech faxes or mails statements (whether at the request of Merchant or because delivery to a valid email address has failed) $50.00 Postage, Supplies, Equipment & Other Services — service fees will be charged at the time of order Current Market 5. a me- Wand . Fees MAssessed roeach transaction. the TPayment zBrands ]Fassess processed 7t UM �51050�57�� these fees. genericallyto herein as Payment Brand Fees oess g? -V lusa leesTand,75c fees. lfe7g-s�oneRhltransaction consrs# of interchange PaymenC Brand Fees -interchange Fees. Paymentech will 'jaass thrzrugh" #o merchant an amount interchang-e _TAgqy—aent E �s. equal fo the appllcabie IL FaSS- I hroUgh MasterCard Pass -Through MasterCard Assessments (all transactions more than $1000) Pass -Through Aliscover Settled Paiso ss -Through Pass-iiiiiiiiC Through 1P ayril5n1%1B nalFees I Assessments. Paymentech . amount assessment1encs.th&ur7enIgssessment squat tothe Lp e W, Visa Assessments - Debit Transactions I Visa Assessments — Credit Transactions $0.0155 MasterCard Assessments (all transactions $1000 or less) $0.0195 MasterCard Assessments (all transactions more than $1000) Discover, Diners, & JCB Card Data Usage Fee Discover, Diners, & JCB Assessments $0.0195 165 Visa Acquirer Processing Fee $0,0195 $0.0155 MasterCard Network Access and Brand Usage (NABU) Fee $0.0195 $0.0165 Discover, Diners, & JCB Card Data Usage Fee $p.0195 $0.0195 Internal Paymentech Use Only: rev o�ire Paymentech Contract No.: 063576 Page 2 of 4 Date: July 6, 2016 165 Schedule A to Merchant Agreement Merchant Name: Invoice Cloud, Inc. For Transactions for: County of Indian River -Board of County Commissioners V1, ft 9: rl I I an- IN IN MC Acquiring License Fee* volume. Charged on MasterCard Gross Sales volume. See .004% Additional information under Payment Brand Fees MC Digital Enablement/Card Not Present t c, Charged on MasterCard Card Not Present Gross Sales 010% FPP volume. 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Internal Paymentech Use Only Rev 07116 Paymentech Contract No.: 063576 Page 3 of 4 Date: July 6, 2016 Schedule A&mMerchant Agreement Merchant Name: Invoice Cloud, Inc. For Transactions for: County mfIndian River -Board wfCounty Commissioners � Visa Fixed Acquirer Network Fee - Visa Fixed Acquirer Network Fee is a monthly fee assessed by Visa per tax ID based on Merchant Category Code (MCC), dollar volume, number of merchant locations, and whether the Pass -Through physical Visa card is present or not present at the time of the transaction. This fee can vary monthly. Payment Brand Fees A substantial amount of the fees that we charge for processing Transactions consists of charges that we must pay to the Payment Brands and card issuing banks (or that are otherwise charged to us by the Payment Brands and card issuing banks) under the Payment Brand Rules. 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Additional information about significant Payment Brand Fees (Interchange and Amuoosments), can be found at: www.chasepaymentech.com/interchange and assessment understandinghi!nl *MasterCard assesses the MasterCard Acquiring License Fee annually to each Acquirer based on the total annual volume of sales (excluding Maestro PIN debit volume) of its U.S. domiciled merchants, To fairly distribute the fee across all Paymentech MasterCard -accepting merchants, a rate of .004% will be applied to all of your MasterCard gross sales transactions, Amount due upon Termination In addition to the other amounts due under this Agreement (including without limitation, the fees and charges described in this Schedule A), you may owe an amount in the event you terminate this Agreement. Whether you will owe that amount, and how much you will owe, will be determined in accordance with the terms of the Agreement, including, without limitation, the "Termination" section. 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County of Indian -River -Board of County Commissioners Pricing Schedule to Agreement Electronic Cheek (eCheck) ■ _ •- - ACH f Y -• - 1 uthon`zatidn F' eGheck Validation (Online or Batch Validate Only) - This fee is assessed when using a 'Validate Only' action code and when the transaction passes Validation. Validation occurs on every See Volume Schedule ECP transaction submitted. 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Deposit Matching - This fee is assessed whenever a transaction that is submitted with old routing/bank account information is updated by our NOC system with the corrected bank information. $.75 The system updates are based on Notification of Changes that have been stored in our NOC database. Facsimile Draft Return/Dishonored Paper Return Processed/Represented - This fee is assessed for those items which have been presented to the RDFT as Paper Drafts but have been $.10 returned or when Paymentech dishonors a late return. eCheck Reject Fee — Submitted transactions are validated prior to deposit. If the transaction fails $ 04 validation this fee is charged instead of the eCheck ACH Transaction fee. 7 lnfemal Paymentech Use Only: Rev 08/15 Paymentech Contract No: 063576 Page 1 of 2 Date: July 6, 2016 Pricing Schedule to Agreement Merchant Name: Invoice Cloud, Inc. Electronic Check (eCheck) For Transactions for: County of Indian River -Board of County Commissioners eCheck Annual Volume Schedule Tier Level Check Ion 0 um V lame ti jV�a_ooa !M•: W oteaLqe 5�60e—ck W�e uransactlon ��I Ili 111� 1 — 1,000,000 Next 9,000,000 i 1,000,001 – 10,000,000 4ver 10,000,000 1 see I The above grid applies to ECP transactions beginning as of the date of the first submission of ECP Transactions to Paymentech and continues for the term of the Agreement. We agree to rebate fees only in the case where we fail to reduce the transaction fee when Submitter's volume reaches the next grid level. Intemal Paymentech Use Only: Rev 08115 Paymentech Contract No: 063576 Page 2 of 2 Date: July 6, 2016 INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: July 6, 2016 SUBJECT: Request for Ratification Florida Department of Law Enforcement FY 2016/2017 Edward Byrne Memorial Justice Assistance Grant (JAG) Program FROM: Michael Smykowski >\k� Director, Management & Budget DESCRIPTIONS AND CONDITIONS CONSENT AGENDA 2 Re� On July 01, 2016 Indian River County received notification by the Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants, that $61,136 was allocated in grant funds for Fiscal Year 2016/2017 to support a broad range of activities to prevent and control crime and to improve the criminal justice system. This amount is, an increase from the current fiscal year in which Indian River County received $54,202 in federal funds. The letter also recommends that the Board of County Commissioners serve as the coordinating unit of government in development of applications for these funds. For the current fiscal year (2015/2016), Indian River County was allocated $54,202 in federal grant funds, with no match requirement. Likewise, the fiscal year 2016/2017 grant amount of $61,136 will not carry a match requirement. The Certificate of Participation was to be returned to FDLE by July 11, 2016. Because the next Board of County Commissioners meeting was not scheduled until July 12, 2016, Bob Solari, Chairman of the Board of County Commissioners executed the Certificate of Participation on behalf of the Board. RECOMMENDATION Staff recommends that the Board of County Commissioners ratify the Chairman's action in executing the Certificate of Participation. ATTACHMENTS Announcement letter from Florida Dept. of Law Enforcement dated June 22, 2016 Certificate of Participation 170 Board of Commissioners July 12, 2016 Page 2 of 2 APPRO D GE M: BY: Ja E. Brown County Administrator FOR: July 12, 2016 Indian River County Awrided D4te Administrator / � 6 .(c, Legal )1611 Budget S Department Risk Management 171 FDLE Florida Department of Law Enforcement Richard L. Swearingen Commissioner June 22, 2016 Business Support Office of Criminal Justice Grants Post Office Box 1489 Tallahassee, FL 32302-1489 (850) 617-1250 www.fdle.state.fl.us Honorable Bob Solari Chairman Indian 'River County Board of Commissioners 1801 27th Street Vero Beach, FL 32960 Rick Scott, Governor Pam Bondi, Attorney General Jeff Atwater, Chief Financial Officer Adam Putnam, Commissioner of Agriculture JUL 412016 Re: Federal Fiscal Year (FFY) 2016 Edward Byrne Memorial Justice Assistance Grant (JAG) Program — JAG Countywide — State Solicitation Dear Chairman Solari: The Florida Department of Law Enforcement (FDLE) anticipates an award from the United States Department of Justice for FFY 2016 JAG funds. FDLE will distribute these funds in accordance with the JAG Countywide distribution provisions of Chapter 11 D-9, Florida Administrative Code. FDLE hat set aside $61,136 funds for use by all units of government within Indian River County. Enclosed are the following documents to assist your county with the strategic planning and allocation process. JAG -Countywide Program Announcement & Application Instructions JAG -Countywide Project Timeline JAG -Countywide Application Checklist Certificate of Participation The enclosed Program Announcement provides an overview of these funds which can be used by local units of government to support a broad range of activities to prevent and control crime and to improve the criminal justice system. Please note the Program Announcement includes information from the U.S. Department of Justice relating to several areas of national focus and its priorities to help maximize the effectiveness of the Byrne/JAG funding. As a condition of participation in this program, the units of government in each county must reach consensus concerning expenditure of these funds. This consensus must be documented in writing and include the projects to be implemented, the amounts all to each projec ani e agency responsible for such implementation. This process will require an individual to be designated to exercise leadership and assume a coordinating role in the development of applications for these funds. This coordinator will also serve as liaison between the Department's grants office and subrecipient(s) to ensure all reports, documentation, and timelines are adhered to in accordance with the agreement(s). FDLE recommends the Board of County Commissioners assume this responsibility. In the event the county declines to serve in this capacity, the Department will request the governing body of each municipality in the county, in descending order of population, to serve as the coordinating unit of govemment. Service - Integrity - Respect - Quality 172 Honorable Bob Solari June 22, 2016 Page Two The enclosed Certificate of Participation form requests the identification of the County Coordinator. Please complete this form and return it to the address below by July 11, 2016., Once confirmed, the Department will forward additional information regarding the application process and FDLE's online grant management system to the coordinator. Florida Department of Law Enforcement Office of Criminal Justice Grants 2331 Phillips Road Tallahassee, .Florida 32308 We look forward to working with you. Please contact me or JAG supervisor Randall Smyth at (850) 617- 1250 with any questions or for further assistance regarding this program. Sincerely, Petrina Tuttle Herring Bureau Chief PTH/ps Enclosures cc: Mayors in Indian River County Law Enforcement Agencies in Indian River County Current JAG Project Directors in Indian River County 173 CERTIFICATE OF PARTICIPATION Edward Byrne Memorial Justice Assistance Grant (JAG) Program Ms. Petrina T. Herring Bureau Chief Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Ms. Herring: This letter provides notification that the Board of County Commissioners X Accepts _ Declines to serve as the coordinating unit of government for the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Program. For purposes of coordinating the preparation of application(s) for grant funds with the Office of Criminal Justice Grants, the following individual is designated as County Coordinator for the county's FY16 subawards: Name: Michael R. Smykowski Title: Director, Management & Budget E-mail: msmykowski@ircgov.com Agency: Indian Rivver County Board of County Commissioners Address: 1801 27th Street City: Vero Beach, FL 32960-3388 Zip: Telephone: (7 7 2) 226-1214 County: Indian River Sincerely, Z/3431v` Bob Solari Chair, Board of County Commissioners Rule Reference 11 D-9.006 OCJG-024 (Rev. June 2012) 174 a 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 Cope, M.S. Coastal Environmental Specialist SUBJECT: Sea Turtle Education Grant "Florida Traveling Turtles" DATE: July 6, 2016 DESCRIPTION AND CONDITIONS Working under one of the objectives of the County's Habitat Conservation Plan (HCP) for the protection of sea turtles staff molded a new relationship with 5th grade Indian River public schools science teachers as part of a new education program conducted by the Indian River County Sea Turtle Program. During the 2015-2016 school year staff and volunteers gave presentations about marine conservation to 5th grade science classes in 6 of the 13 public elementary schools in Indian River County. This presentation was aligned with the 5th grade adaptations curriculum and taught students about sea turtle and marine mammal biology, the difference between inherited and taught traits, and specific adaptations for sea turtle survival. The subject of this agenda item is to request the Board's approval of Florida's Traveling Turtles education program grant in an effort to expand the current school based sea turtle education programs implemented under the County HCP. The attached agreement from Inwater Research Group commits up to $1,200 with zero cost share and a three year program commitment with no expenses to the County. On June 24th, 2016 county staff applied for the Florida's Traveling Turtle Program. This program started in Martin County and provides a trunk full of model sea turtles, tools, and lesson plans to interested teachers teaching grades 3-8. F:\Public Work-s\Kcndra Cope\Public Presentations and Meetings\Commission Meeting Items\C.onsent ltem\Florida's Traveling Turtles—Educational Grant -- Agenda Item 7-12-16—Final Rev I.docx 175 Page 2 Agenda Item for 7-12-16 BCC Meeting Florida's Traveling Turtles education program July 6, 2016 On July 15Y the Indian River Sea Turtle Program was chosen as one of the five organizations around Florida to expand this traveling trunk program beyond Martin County schools. The Florida's Travelling Trunk Program is for a 3 -year period beginning with the 2016/2017 school year. All materials, instructions, and teacher agreement forms are provided with the trunk which will travel among schools throughout the County. Staff will be responsible for training the teachers on the trunk contents and lesson plans, organizing the trunk's travel plans across County schools, and collecting teacher surveys about the program. FUNDING No County funds will be expended during the lifetime of this program. The County will also have an opportunity to keep all traveling trunk materials at the end of the 3 -year program. RECOMMENDATION Staff recommends the Board approve the Florida's Traveling Turtles education program grant with Inwater Research Group and authorize the Chairman to sign the Agreement on behalf of the County. ATTACHMENTS 1. Florida's Traveling Turtles Grant Application 2. Grant Acceptance Instructions 3. Grant Consent Form 4. Indian River County Grant Form APPROVED AGENDA ITEM Indian River County Approved Date Administration -716116 Budget I- / ( Legal Public Works Coastal Engr. Division J 11611b F:\Public Works\Kendra Cope\Public Presentations and Meetings\Commission Meeting Items\Consent Item\Florida's Traveling Turtles—Educational Grant -- Agenda Item 7-12-16—Final Rev l.docx 176 GRANT NAME: 2016-2419 Traveling Turtles of Florida GRANT No. AMOUNT OF GRANT: 11,M DEPARTMENT RECEIVING GRANT: Public Works/Coastal Engineering CONTACT PERSON: Kendra Cone. TELEPHONE: ext. 1569 1. How long is the grant for? August 2016 — May 2019 (3 School years) Starting Date: Upon grant execution YES NO 2. Does the grant require you to fund this function after the grant is over? X 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant 5. Grant match amount required 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? X If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) X 8. Are you adding any additional positions utilizing the grant funds? NO If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ 0 TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $.0 " Grant Amount Other Match Costs Not Covered . Match T0 First Year $ 1,200 $ 0 $ 0 $ 1,200 Second Year $ 0 $ 0 $ 0 $ 0 Third Year $ 0 $ 0 $ 0 $ 0 Fourth Year $ 0 $ 0 $ 0 $ 0 Fifth Year 112 $ 0 $ 0 $ 0 Signature of Preparer: / n Date: t/ & S 177 VmSEARc ,q N9 I�o� I NN� CONSER Florida's Traveling Turtles Application Packet , Deadline: June 241h., 2016, Spm 0 This program was funded in part by a grant awarded from the Sea Turtle Grants Program. The Sea Turtle Grants Program is funded from proceeds from the sale of the Florida Sea Turtle License Plate. Learn more at www.helpingseaturtles.orizi This prograrn was funded in part by the National Save the Sea Turtle Foundation. To learn more, visit savetheseatur,tle.org. THE SLA TURTI, =101 NI" 178 General Information and Eligibility Inwater Research Group (IRG) is a registered 501(c)3 non-profit corporation with a mission to provide the scientific community and general public with information to promote conservation of coastal and marine species and their habitats. In October, 2015, IRG launched its first Traveling Trunk program. The program contains 4 conservation -based lesson plans that take P -8th grade students on'a journey through the world of sea turtles. Through lessons and activities, they learn about the 5 species of sea turtles we see around Florida, their nesting habits, how researchers study populations, and what it's like to be a biologist that collects data. Trunks include items such as skull replicas, prey items, model turtles, calipers, measuring tapes, a scale, lesson binder, and more. Lessons align with state standards, offer STEM -based activities, and promote inquiry -based learning. Trunks are developed to contain all materials a teacher would need to run the lessons over a 2- 3 week period. Trunks are also lent to teachers at no cost. In the 2015-16 school year, our trunks were able to reach over 4,000 local students. Because of its popularity with teachers and our successes, we decided to develop a statewide program that would allow us to work with like-minded organizations, recreating these trunks for their school districts. Grant funding allows us to purchase the materials and work with selected organizations at no cost to the organization. Only 5 organizations will be chosen based on their applications. Organizations will need to fill out this application form in its entirety and submit to rmott@inwater.ore no later than June 24th, 5pm. Eligibility Criteria • Must be located in the state of Florida. • Must have conservation as a leading part of your organization's mission. • Must be willing to actively work with schools and school districts in launching this program. o An already established relationship with schools/districts is preferred but not required. • Must have a dedicated staff member that will be the point person for this program. • Must be able to commit time developing and maintain the program. • Must be able to submit required reports on this program over a three year period. 179 General Guidelines Through this grant program, chosen applicants will be able to add a meaningful and engaging education program to their organization's repertoire. IRG will assist chosen organizations in the creation and maintenance of their own Traveling Turtles trunk program, which they will then make available to teachers for free. The material has been developed by professional educators and vetted by local teachers. Timeline There is a three-year program commitment for all chosen organizations. If selected, applicants can expect to run and report back on the program over these three years. Upon completion, the organization may carry on with the program as they see fit but must continue to give rights to IRG and supporting agencies. The program must be ready to run by September, 2016. IRG staff will be working with organizations through July and August to recreate contents and get the organization staff comfortable with the program. There will be instructional videos and content that will guide organization staff through both running the program and explaining it to teachers. This will help organizations understand the content and how to highlight its selling points with educators. Year One*: • Receive supplies and use instructional materials to recreate trunk in its entirety. This includes individualizing model turtles by: o Giving them different epibiota loads (gluing on "algae" and barnacles) o Flipper tagging them with provided tags o Filling them with dive weights and insulating foam so they weigh different amounts o Creating fake injuries • Approach school districts with sample content and garner interest in program. • Establish relationships with local school district coordinators, principals, or teachers to raise awareness about the program. • Establish a personal protocol for scheduling, maintaining contents, and teacher pick- up/drop-off. • Attend district workshops to showcase the program, running simulations with teachers (if applicable). • Maintain reports of school demographics, i.e. how many students reached, grade level, etc. • Encourage teachers to complete surveys upon completion of the program. 180 *If IRG staff does not feel as though a concerted effort has been made in any of the years to accomplish the majority of these tasks, the contract can be renegotiated or revoked This could halt all programming and result in a loss of all program contents. Years Two and Three will focus on maintaining and building upon the relationships and protocols above. it is highly encouraged to show growth in these years by either increasing the student reach, attending workshops, expanding out to more schools, etc. Commitment The program can be wildly successful but requires a staff member committed to seeing it through to completion. The relationship with district staff is the most important part of making this program effective. if you don't have the support of the teachers, principals, or district coordinators, this program cannot reach its full potential. The majority of the first year will be spent developing these relationships and applicants should be aware of the time and energy that this requires. Only applicants that have the time to allocate to such tasks should apply. Once relationships with districts have been developed, maintenance and scheduling are the main focuses. Expectations We will be looking for candidates that show both a passion for conservation education, as well as the drive to begin a new and potentially very popular program. Applicants that can show the need of such a program both in their organizations and school districts will be given preference. This has been IRGs most popular program by far and we want to make sure it works the same for you. Expectations for this program include but are not limited to: Creation of contents in a timely fashion and in time for the September deadline Drive to foster affiliations with schools, teachers, district coordinators, etc. Desire to fill a niche within school curriculum, while providing hands-on experiential learning Open communication with IRG staff to discuss questions, concerns, troubleshooting, etc. • Commitment in raising awareness for this program with your audience • Consistent reporting on program numbers, teacher survey results and photos (if applicable) Application Process Applicants must have their applications in no later than June 24th, 2016. All who apply will receive an email stating that their paperwork is under review. The five chosen organizations 181 Application Please email back to rmott@inwater.org no later than June 24th, 5pm Organization Name Indian River Sea Turtle Program (IRC Habitat Conservation Plan) Address 1801 27th Street, Vero Beach 32960 Contact Name Kendra Cope - HCP Coordinator Contact Phone 772-538-0616 Contact Email kcope@ircgov.com Organization's mission: Our HCP is specific to improving nesting habitat for sea turtles "When fully implemented the HCP will increase productivity of the County's beaches". Staff have decided one of the most important ways of accomplishing this goal is through education of public young and old. Number of education staff 1 staff (myself) and up to 15 volunteers School district(s) you plan to reach with this program: Indian River County public and private schools 1. Why do you believe this program will benefit both your organization and your surrounding schools? Indian River County (IRC) is located in the middle of the most productive loggerhead nesting beach area in the U.S. and Western Hemisphere. All residents of IRC live only up to 15 minutes from a beach no matter where their home may be, yet many to not know any of the ecological treasures this place has to offer. Our beaches are beginning to be over developed, surrounded by lights and buried in trash. The county has eight title one schools and during their 3rd and 4th grade years students form these schools and others make visits to the Environmental Learning Center t( discover the IR Lagoon, but nothing is planned for 5th grade students to help expand their coastal education. Before the 15/16 school year only 2 schools openly reported adding sea turtle information in their curriculum, organized beach clean ups or made other conservation efforts with their 5th grade students. Everyone knows that childrLm are some of the most influential people in the world and still have passion and a drive to make their surrounding area better. If 5th graders were offered a hands on opportunity to learn more about their coastal environment and the keystone species that utilize it, like sea turtles, then they would be the ones with the energy to improve conservation efforts for the future. One of the ways the county began making efforts to biologically improve their coastline is though the implementation of the Habitat Conservation Plan, specifically designed to improve nesting habitat for sea turtles. The HCP was implemented in 2005 and in 2015 the HCP coordinator expanded the management program tc include education and public outreach using multiple venues. If accepted for the traveling trunk program the county will be able to enhance its education program which is full of volunteers eager to help inform the public of the human impacts sea turtle face and ways they can get involved in local conservation. 182 will be announced on July 11t, 2016 and notified through email. If you do not receive an email by this time, your organization was not one of the five selected. Once organizations have been notified, they will be required to sign an agreement, laying out the details of the program set forth by Inwater Research Group. At this time, should organizations feel uncomfortable with any of the stipulations, they are not required to proceed and another organization will be chosen in their place. FA(Xs 1. Do I have to be a SOU3.organization to apply? No. Our primary focus is finding, organizations that can prove need and have the drive to see the program succeed. 2. Do we have to pay anything to be a part of this program? No. The program is completely underwritten through grants. The only commitment is staff time and 7*0 3. Can we offer the program at our facility? No. The program is designed to travel to schools, allowing teachers to utilize the materials. We want to fill the niche in their curriculum and offer them a service that requires little extra work on their part. 4. Can we charge teachers for the program? No. The program must be offered to teachers at no cost. 5. Can we offer the program to all types of schools (i.e. private, public, charter)? Yes. However, preference should be given to schools that show need, especially Title One schools. 6. Do we keep the trunk after the third year? Yes. You may continue the program after three years without needing to report. All materials should remain with original organizational logos, though. 7. What grades are best suited for this program? 3rd -5th grades really benefit from this program as it targets a lot of benchmarks they will be tested on in 5t' grade. 6-8t' grade may find the program engaging and it does cover several middle school benchmarks as well. WIN 2. Do you have a current relationship with local school districts? If yes, please explain in a few short sentences. If not, please explain how you plan to develop these relationships. Yes a relationship with the local school district was created in 2015 in concert with the beginning of marine conservation presentations given to 5th graders in 6 of the 13 public elementary schools in the county. This presentation was aligned with the 5th grade adaptations curriculum and taught students about sea turtle and marine mammal biology, the difference between inherited and taught traits, and specific adaptations for sea turtle survival. These relationships were developed by first reaching out to individuals school principals and AP then through contact with the science teachers. Attached to this application is one of the teacher's emails sent to the Public Works Director raving about the presentation and its correlation with their state standards. Do you currently offer school programs? If yes, please explain and include grade levels, program information, and average amount of students you reach each year. As the answer to the previous question described, currently the IR Sea Turtle Program education team made up of multiple volunteers and one county staff member, gave presentations about marine conservation and adaptations to all 5th grade students at 6 schools in the county during the 15-16 school year, 2 of which were TITLE 1 schools. These were wildly successful and requests for visits the following school year were made by a teachers. Pre/Post tests were administered to students and are currently being graded and analyzed to answer the question "Was their any information learned during the presentation?" 4. Who will be the project leader on this program? Please provide their name and a couple of short sentences on their experience working in education. The project leader will be Kendra Cope, the HCP/Sea Turtle Coordinator for IRC. She created the presentation that is currently being given to 5th classrooms, she made the original contacts with the school teachers and principals, and has made new contacts with a couple private schools in the county interested in including sea turtle curriculum during the 16/17 school year. Her background is with general public education programs. Her MS thesis analyzed the community impacts (economic and long-term education/behavior) of the popular turtle walks. She is also starting a new program in IRC during the 2016 nesting season called "Turtle Digs". Nest evaluations in the City of Vero beach will now be a public program which includes a presentation and an up close opportunity for guests to watch sea turtle researchers and volunteers collect data on reproductive success of sea turtle nests in the area. 5. This program can take time to get started but will last for years to come. Is the project manager willing to commit the time to creating the trunk contents, developing relationships with schools, maintaining the trunk's contents, and liaising with teachers? The project leader is a full-time employee with IRC and her position manages sea turtle nesting and other sea turtle activity outlined by the HCP. She plans to be in this position long-term. As part of the Sea Turtle Program she manages a large group of dedicated volunteers which has grown from 8-15 people in the last year and will continue to grow in coming years. There will be plenty of volunteers available to help create the trunk contents, a handful of them already have experience with presenting at schools and are dedicated to keeping good relations with currently involved schools, and the volunteers will be happy to help build a foundation for this new program. The project leader will be responsible for maintaining the trunk contents over time and all contents will be stored in the county office with other education materials used for various programs. She will also continue to keep relations with the teachers and is dedicated to building relations with the school district board and private school teachers so all students in IRC have an opportunity to learn more about sea turtle conservation and biology. 184 6. What is your three year plan for using the trunk? Please explain how you will garner interest from teachers/district staff and how many classes you feel you may be able to reach each year. During the first year of the program I plan on introducing the truck program to all 6 schools that were part of the education program during the 15/16 school year, two of which are TITLE 1 schools, as well as two private school: that have already showed interest. During the first year relationships will be built with other schools in the district including the other 2 TITLE 1 public schools and 4 other TITLE 1 charter schools and will have a plan set out to include them in the following years. By the 3rd year the program should have all public elementary schools involved and up to 5 private schools. This will happen though teacher relations, word of mouth about the program and presentations to the county commission and school board after the 1 st of 'learning impact' data has been analyzed. 7. Do you foresee any problems with incorporating this program into your organization? I cannot see any reason why there would be an issue implementing this program. As the application outlines all training will be done by IRG staff before the school year begins with program volunteers and staff and I plan on conducting additional training as more education volunteers become available the first year of program is complete and all education volunteers already have experience helping with other sea turtle education programs like turtle digs. 8. Do you have any questions on how you are allowed to utilize the program? Not at this time, thought presentations, workshops, and personal communication I have a very detailed idea of how the program works and I fully support it and cannot wait to use it if chosen. 185 Traveling Turtles of Florida J.r.f i Re-creation Instructions nf-cc+wo, LT I i R This trunk and its lessons developed by Inwater Research Group. For more information visit www.inwater.ore. This program was funded in part by a grant awarded from the Sea Turtle Grants Program. The Sea Turtle Grants Program is funded from proceeds from the sale of the Florida Sea Turtle License Plate. Learn more at www.helpineseaturtles.ore. This program was funded in part by the National Save the Sea Turtle Foundation. To learn more, visit savetheseaturtle.ore. 1 186 Running the Program Expectations Program The trunks are to be used solely for usage by teachers onalending basis for free. This is a great option as itreaches more students (they can share with other and takes nostaff time mnyour part. The program includes four ready-made lessons that focus on inquiry -based learning while highlighting sea turtle bio|ogy, research, and conservation. School Districts itisuptmyou tmdecide how many school districts you'll beworking with. The biggest deciding factor will betravel radius. Since teachers must pick upand drop off the 1runkithe biggest constraint for them will behow far they have tmgmto do this. \Nereached out tmtwo adjacent and smaller districts, offering a Uick-up/drmp-offlocation in each county. You may be able to only offer one and want tostart small. Once the program gains traction and teachers learn exactly what they are getting, you will have them interested �nsubsequent years. Lending Time Webegan lending each trunk toteachers for two weeks atatime but found this was not enough time for teachers borun through all the lessons due totheir schedule sovveoffer itnow for uptOthree weeks. When coordinating with teachers, xvagive them anoption tmuse for less time ifthey won't use the whole three weeks. Some teachers only share with their class and nee d the trunk only for one week. Some teachers are resource teachers and see entire grade levels and may need itlonger. Ufthey're reaching more students, vveusually let them extend their rental. EVERY teacher before they are allowed tmuse the trunk needs to ' the agreement (AKA Registration Form)' This ensures that they are aware of their responsibility when the trunk is in their possession and the outcomes ifitems get damaged mrgomissing. When teachers pick upthe trunk, they are required (based mnthe agreement) tocheck off on their receiving inventory sheet (located in the binder) that all contents are present. This \sin case something goes missing, you can make sure itwas lost during lending time and not before they received it. They must alert you immediately if something is broken ormissing upon receiving the trunk. It is up to them to let you know right away. They must check off an inventory sheet prior &ureturn aswell. Some teachers may not fill this out and that's okay but itholds them accountable should something go missing. 187 Minor wear and tear is understandable and easily remedied by gluing on a barnacle or touching up paint. Loss or damage beyond repair of an item is the teacher's responsibility. The teacher who requested the trunk and signed the form will be responsible for any damage, even if sharing with another teacher. Below is a pricing sheet that lays out the cost to replace each item in the trunk. Prices include cost plus small shipping charges. If any of the items we have provided becomes damaged or goes missing, please contact rmott@inwater.org for possible replacement. Price Sheet for Lost Items Foam inserts $ 75.00 Trunk $ 75.00 Model turtle $ 30.00 Caliper $ 115.00 Green skull $ 150.00 Loggerhead skull $ 240.00 Leatherback skull $ 155.00 Ridley skull $ 140.00 Hawksbill skull $ 95.00 Scale $ 35.00 Sea grass $ 7.00 Jellyfish $ 8.00 Sponge $ 13.00 Crab $ 11.00 Conch $ 35.00 Ping pong balls (we provide 10 extra in case some go missing)* Measuring tapes (we provide 2 extra in case some go missing)* *You'll want to remove the extras before you offer the trunk to teachers. 3 188 Registering for the program The Registration Form includes all program info including logistics like pick up and drop off information, dimensions of the trunk, responsibilities, and the agreement page for signature. Please feel free to change the highlighted text to reflect your organization's information. When we give the Registration Form to teachers, we typically highlight the parts of the document that need filling out before we send it to them so can easily see what information they need to provide. This helps ensure you get all the info you need the first time around. After the program details have been worked out, we send a confirmation via email "with a staff signature and date at the bottom of the first page so they can reference it, saving a copy for ourselves. The week prior to the borrow period begins, we send out a reminder email to the teacher with the following: • Agreed date and time • Address and directions • Dimensions of trunk • Contact info for last minute emergencies or help with directions This is really helpful as teachers can sometimes forget a program they requested months ago and it helps avoid "no shows". In addition, before the lending period, we print the first page of their confirmation, which has the drop off date and time, and place it in the front of their binder with that information highlighted. Return of trunk Once you receive the trunk back make sure to inventory all the contents and check that the' turtles have all their parts intact. It's important to look through the binder at this point. Make sure all the activity cards are counted and in the right places. Sometimes one or two can go missing and that can throw off a lesson. There is a survey in the front of the binder that we ask teachers to fill out upon completion. If they have not filled it out and you'd like to follow up with an email link, you can send them to https://www.surveymonkey.com/r/TravelinpTurtiesFL. Any responses we get online, we will share with your organization. 4 189 Contents Binder The lesson binder has all 4 lessons pre-printed, cut and laminated where appropriate so teachers just have to pick up the trunk and run the program. In addition to pre-cut and laminated pages, we've supplied the originals in case teachers would like to make copies. There is also a DVD in the binder that has all the original files if teachers would like to print them out to keep. The video files for Lesson 4 are also on there along with a PowerPoint presentation, Jeopardy game and supplemental resources. The binder is meant to be re -used so teachers may not keep any contents but rather use and put back or make copies to keep. Binder contents should be checked and updated when necessary. If you need to recreate some of the contents because they are worn or missing, we will include a DVD for you with all the lessons. Please make sure whatever condition we provide them to you in, you recreate (e.g. laminated activity cards must be replaced with copies that you cut.and laminate so they are the same). We will provided a binder fob you to use. Included in the binder: • Lessons 1-4 • DVD containing: lesson plans, video files for Lesson 4, PowerPoint presentation, Jeopardy game, and supplemental resources • Inventory sheets • Confirmation letter with dates/times of pick-up and drop-off highlighted • Images of trunk organization so items are placed back in the right spot • Teacher survey • IRG brochures (you may add your organizational brochures as well) Lessons Lessons 1-4 align with Next Generation Sunshine State Standards and build upon each previous lesson. Lesson 1 covers an intro to sea turtles with an out -of -the -seat activity where students must find their respective turtle group using clues on their activity cards. Lesson 2 has nesting activity worksheets as well as a relay race in which students must act as nesting moms laying their eggs. Lesson 3 is all about population sampling. Why we do it, what it can tell us, and gets students to participate in class with a sampling activity. Lesson 4 takes students through a modified sea turtle stranding sheet that helps them determine species, size class, body condition, etc. It delves into why we tag turtles and why data collection is important. Students will see this come full circle when they watch videos of researchers who originally tagged their turtles. Biologists share their original capture data and 190 students will be able to compare it to current data to determine what changes have occurred between capture occurrences. Supplies The supplies for the trunk run $2,500. We use Amazon.com for most of our orders so many of the materials will coming to you via Amazon.com and delivered either through UPS or USPS. The skulls and calipers will be coming from two additional companies and you will receive a package from IRG with the remainder of supplies. Turtles We made sure that every turtle was unique by giving them injuries, different weights, etc. We're including a list of the turtles we created as well as each one's approximate weight, injury and epibiont load. We are including photos of each turtle to give you a better idea. Below you will see how to recreate these materials and the time it will take to put them together. In sharpie, somewhere inconspicuous, you can number the turtles to keep better track since not all are tagged. This will have to be reapplied as it tends to rub off. Here's what you'll need to do to ensure that your turtles are individualized: Barnacles* (30 mins to apply) *provided but these are instructions if you'd like to create more We took real barnacles and put them in 90% alcohol for a week. After that, we placed them in the sun for one day facing up and the next day facing down to ensure they completely dried out. Then, we took a wooden skewer and pulled out the actual dried up animal, being careful to leave the operculum intact. Finally, we sprayed them with a clear satin polycrylic from Lowes. This will most likely take 2 applications per side. To adhere these to the turtles, we tried hot glue, which melted in warmer temps so super glue ended up being the best bet. Algae (30 mins) We cut the fabric in mis-shapes to look more realistic. It is best adhered with super glue. We tried to hide the edges by pushing down on the fabric strands themselves, which helped them adhere over the fabric edges. We put the algae and barnacles in the same areas so it looked more realistic and so the algae could hide when the barnacles weren't flush with the carapace. Injuries (2-3 hrs) We gave the turtles all sorts of injuries so students could understand human impacts. The fishing hook in mouth was achieved by simply cutting a slit into the mouth of the turtle and sliding a large J hook in past the barb. We super glued it in place so it wouldn't wiggle around or come free. The plastic bag was achieved the same way, pushing it into the slit with a flathead screwdriver. The missing flipper was removed with a utility knife and smoothed over. We then painted it a mixture of white and green to match the area. Boat strikes were achieved 6 191 by using a utility knife to carve out 3 lines in a row on the carapace and painting them in red. A shark bite was simulated by cutting out a jagged crescent shape along the marginal scutes with a utility knife. We also painted the bite green and white paint to match the turtle, simulating that the wound had healed. Weights (3-4 hrs) Each turtle weighs a different amount and this becomes important to keep track of when tagging the turtles. We thought out what each turtle's "story" should be so the data the researchers share on the video make sense when compared to the data the students collect from their turtle. Each turtle was cut open along its plastron, about 4 inches. We took dive weight beads and filled each with a different amount. We then used the insulating foam, inserting and rolling around until the beads stopped moving inside. We taped the turtle around to hold the edges of the incision closed while the foam dried. This step should be done first so you can keep track of the weight of the turtles before adding any injuries or tagging. Turtle # Tag # LnIM Barnacles Algae Weight (ka) Tag Location 1 IRG057 1 2 1.331 KWNWR 2 IRG065 1 1.137 Puerto Rico 3 Shark bite 1.149 4 IRG062 Right front flipper missing �. '97 3 Boca Raton 5 IRG073 Boat strike 10.984 ACNWR 6 IRG051 TY 1.083 St. Lucie 7 IRG063 3 3 Big Bend 8 Plastic bag in mouth 9 2 1.031 9 Hook in mouth 12 2 1.008 10 IRG052 3 1 ----1 b.993, Palm Beach a NOTE: When filling the turtles, they do not have to be exactly what you see above. The important part is that turtles that are underweight (<l.lkg) remain below that threshold and that turtles that are healthy (>l.lkg) remain above that threshold. For turtles that are above weight, you can make as "robust" as you'd like. The highlighted weights above require no filling whatsoever and can remain intact to achieve these weights. 192 2. IRGO65 'V! 8 193 1 ri 7. IRGO63 8. plas& sag- I" 194 L Trunk Labels We will supply decals with supporting organizations' logos. They are reinforced with sheet metal and must be screwed into the top of the trunk as seen below. We suggest using a 1/8" diameter drill bit and machine screws >1/2" long with an appropriate sized_ nut on the back to . secure it. Holes should be drilled on all four corners of each decal. 11 196 Trunk Foam Inserts The foam inserts will come with more foam than you need for replacement as they can get pretty banged up. Most of the pieces are "pick n pluck" foam, which means you can take out small cubes one at a time to make space for your artifacts to fit into. We've provided photos of the layout with labels to help you figure out what pieces to remove. The bottom foam should be the wavy, non -"pick n pluck" piece. Place it so the flat side is facing up. On top of that you'll want to place the piece from which you removed the cubes. This gives you the foundation in which you'll put your skulls (picture below). You can use another "pick n pluck" piece intact, to lay on top so the artifacts are protected. Please put the artifacts in the order you see below as it's the layout we provide to teachers so they can organize the contents before they return it. Verbiage When writing up something on your website, social media, newsletter, etc., please feel free to pull from the verbiage below. Local teachers can now request our new Traveling Turtles of Florida trunk program. The program is built on four conservation -based lesson plans for 3 -8th graders that center on hands- on learning. Each lesson builds upon another, taking students through the exciting world of sea 12 197 turtles. Classes will learn about Florida's sea turtles, their nesting habits, sampling populations, and how to collect valuable data from their very own model turtle. Lessons are aligned with NGSSS, with emphasis on STEM initiatives and inquiry -based learning. The program is contained entirely in a mobile trunk that has skull replicas of the 5 sea turtles we see in Florida's woters'os well as prey items for each species. Trunks also include model turtles, calipers, measuring tapes, a scale, and a lesson binder. Each lesson has been pre-printed, cut, and laminated to reduce the teacher's workload. Trunks maybe borrowed for up to three weeks at a time and are completely free! ALL mentions of the program in printed materials MUST include the following sentences along with all three logos provided: This program was created by Inwater Research Group (www.inwater.org) and funded in part by a grant awarded from the Sea Turtle Grants Program. The Sea Turtle Grants Program is funded from proceeds from the sale of the Florida Sea Turtle License Plate. Learn more at www. helpingseaiurtles.or .. This program was funded in part by the National Save The Sea Turtle Foundation. To learn more, visit www.savetheseaturtle.orz. We use this on our website as well: FAQs 1. Who can borrow a trunk? (Change to include the school district(s) you will be working with) 2. Can the trunk be shipped? Sorry, but our trunks are all-inclusive and too heavy to ship. We have two pick-up locations in Martin and St. Lucie County. (Change to reflect how many locations you have and in which counties) 3. Can I borrow the trunk longer than three weeks? We can sometimes accommodate longer lending periods upon request. 4. What does it cost to borrow a trunk? Absolutely nothing! The borrowing teacher will be responsible for late fees or damage fees. 5. How many kids can the trunk lessons accommodate? Lessons are set up to best cater to classrooms of around 20 students. Launching the Program 13 198 Getting the word out to local teachers may be the hardest part of getting the program up and running, unless you already have established relationships. You have a few avenues in which to work. Teachers If you already have programs that teachers consistently use like field trips, outreach programs, etc., you can contact them directly through email. If you are afraid this will compete with your current programs, explain to teachers that this program will bolster what you may already offer and is a great way to prepare students before an outreach or field trip. It can also be offered after for continued learning. District Coordinators Your district coordinators are. an excellent way to break into the school realm as they are in contact with all public school teachers in that county. You'll need to first figure out who your coordinators are. You can find this on your school districts' websites. They are typically the STEM or Science Coordinators but can also be Science Instructional Leads as well. We found that calling or emailing them to start and offering to send them a sample in the mail is helpful. You can find an example of a sample packet on your DVD. If you can work with the district coordinators and show them that this is a worthwhile program that is meant to help teachers and students at no cost, they are very receptive to getting the word out for you. Workshops Some district coordinators will even ask you to be a part of workshops, where teachers get in- service hours for attending. It's very easy to run through lesson 4 in these workshops and it's an excellent way to show teachers what they're getting. We attended a workshop right after the launch of our program and booked two trunks for the entire school year. We have included a PowerPoint to aid you and created a separate workshop lesson to run through with teachers. Along with the trunk contents, bring a calendar of availability and registration forms. You have their piqued interest and attention at this point. Once they leave, it is much harder to have them select dates and pass forms back and forth via email. if you can get them to sign up in person, this will make your job exponentially easier. Once they do, we follow up with an emailed confirmation of their dates/times. Principals Principals can be harder to get a hold of and labor intensive to reach each one individually. This said, they can be liaised with in the same way you work with district coordinators. They are not easily accessible during school hours so you'll often have to leave voicemails. Figure out the name of the principal and ask the front desk to patch you through to their voicemail if they're extension is not available on the school's website. 14 199 Traveling Turtles of Florida Details & Agreement This trunk and its lessons developed by Inwater Research Group. For more information visit www.inwater.ore. This program was funded in part by a grant awarded from the Sea Turtle Grants Program. The Sea Turtle Grants Program is funded from proceeds from the sale of the Florida Sea Turtle License Plate. Learn more at www.helaineseaturtles.ore. This program was funded in part by the National Save the Sea Turtle Foundation. To learn more, visit savetheseaturtle.ore. 200 Wheeled trunk (23" H x 37 L x 23 W) Foam inserts (can be pulled apart to fit skulls) Sea turtle skulls (5) Prey items (jellyfish, blue crab*, sea grass, sponge*, conch*) Model turtles (flipper -tagged)* Calipers (10) Insulating foam Dive weight beads (3 lb. bag) Acrylic paint* Faux fur for "algae" Barnacles (preserved and sealed)* Scale Ping pong balls (40)* Measuring tapes (12)* Lesson binder* Trunk decals* DVD with recreation instructions and training material* Certain items will ship from the business of purchase. All items with an * will be shipped from IRG. Items may come separately. You must supply an address that can receive shipments after hours. Reportiniq Organizations will be required to report back on July 111 of each year with the following: 1. Program Demographics Reporting spreadsheet (provided) 2. Teacher surveys 3. Photos (if possible) 4. List of events, workshops at which the program was presented (if applicable) 5. Copies of print mention of program (e.g. social media, newsletters, e -blasts) Timeline YEAR I July 2016 • Organizations will be notified of their selection IRG will contact project leader to discuss questions, concerns, etc. 201 • Contents of the trunk will be shipped to your specified address the first two weeks of July • Organizations will recreate the model turtles using the supplied instructions and materials • Trunk will be put together in entirety by organizations • Organizations will work out the logistics of the program (registration procedure, drop off/pick up locations and times, etc.) August/September 2016: • Contacts within the school district will be notified within the first two weeks of school • Program launch announcement via social media, press release, e -blast, etc. • IRG will be available to assist in any program implementation • Organizations will begin taking reservations for the program September 2016 -June 2017 • Organizations will offer program to local schools • Organization will maintain contents of trunk and ensure materials are in good, working condition • Organizations will work to receive feedback from teachers via surveys • Organizations will track program numbers and demographics in supplied spreadsheet. July 1, 2017 • Organizations will provide IRG with their annual report YEARS 2 and 3 • Continue to work with schools in offering the program • Seek opportunities to present the trunk program to school districts if not already achieved in the first year • Maintain trunk contents and update materials as needed • Report back to IRG with program details annually 202 Usage This program was created to provide teachers supplemental learning materials that focus on sea turtle conservation. We have guidelines and requirements for how this program should be run but we want to make it adaptable to your organization. The program may only be used as laid out in the Re-creation Instructions (attached). Using the program for any other purpose without consent from Inwater Research Group (IRG) could result in the agreement being voided and the trunk being revoked from your organization. Program Restrictions • The program must be offered to educators for free and the organization may not benefit monetarily from,its usage. • Lessons may not be broken up or offered for other purposes other than this program. • Materials must be created as laid out in the instructions and not left out or modified. • Sharing or replicating the lesson content for reasons other, than your organization offering the program is prohibited unless given consent by IRG. • All supplies must be used solely for the purpose of this program. • If you are given permission to use the program for otherpurposes than are laid out in the agreement and Recreation Instructions, its primary purpose must take precedent and secondary usage must not hinder it in any way. • You may share this program with private and charter schools but public schools must be given priority. Reach This program has the potential to reach many students throughout the school year however we understand this may take time to establish. Each organization will be expected to work more or less with the timelin.0 they laid out in their applications: IRG staff will be available to assist during the three year period to guide you if you have any questions or concerns. There will be questions as to how this program can be used and we will try to be flexible but the program was developed to fill a specific niche and priority for that will always take precedent. It is meant strictly for usage by teachers, not as part of an outreach initiative. We prefer you to reach many schools across at least one district but understand if you must start small. Please try to rotate the program around so that not just one or two schools have it available to them. Priority should always be given to public schools but may be used by other types of schools. If during the three year period IRG feels as though the program is not being utilized either as intended, or to the extent at which the organization laid out in their application, we have the right to terminate the program and revoke the trunk along with its contents. Supplies 203 Project Leader Contact Information Organization: INDIAN RIVER COUNTY Name: KENDRA COPE Contact Phone: 772-226-1569 Contact Email: KCOPE@IRCGOV.COM Shinnino notailc* Name: INDIAN RIVER COUNTY Address: 1801 27th ST. City: VERO BEACH State: FL Zip; 32960 `Must be able to receive packages after hours By signing below, you agree to all the terms laid out in this document as well as in the Recreation Instructions. Print Name Signature Please scan or mail a copy of this agreement to the following: Rebecca Mott 5565 SE Martin Meadows Ave Stuart, FL 34997 rmott@inwater.ore Date 204 Consent INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF EMERGENCY SERVICES MEMORANDUM-' TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director Department of Emergey ery s FROM: Etta LoPresti, Emergency Management Coordinator Department of Emergency Services DATE: June 23, 2016 SUBJECT: Approval of 2016/2017 State Funded Subgrant Agreement To Update Indian River County's Hazards Analysis The State of Florida provides funding for each county to conduct a hazards analysis as part of the overall Emergency Management preparedness mission. The hazards analysis identifies sites that may contain hazardous materials and the vulnerable areas near these facilities. This is part of the overall Emergency Management Hazardous Materials Plan. This year, the State of Florida has provided an agreement that covers the scope of work for this project. The funding allocated by this agreement to Indian River County is $3,388.00. Completion of this analysis will allow accurate data when planning for response and recovery in Indian River County. FUNDING: This is a fixed fee, performance based agreement and there is no requirement to match the allocation with county funds. Additionally, all work will be performed by county staff and there are no other associated costs. Budget I Amount 00120825-035290-06807 1 $3,388.00 RECOMMENDATION: Staff recommends approval of this agreement and acceptance of the funding provided in the agreement. ATTACHMENTS: I . Four (4) original contracts for Chairman's signature. 2. Budget office grant form. APPROVED FOR AGENDA FOR: Jul 2016 BY:(A— Jason. B own, Court ministrator Indian River County 1 Approved Date Administrator I,, Legal Budget im , f Risk Management Department t 4 205 GRANT NAME: Hazardous Analysis Grant GRANT # 17 -CP -11 -10 -40 -01 -XXX AMOUNT OF GRANT: $ 3,388.00 DEPARTMENT RECEIVING GRANT: Emergency Services CONTACT PERSON: John King PHONE NUMBER: 772-226.3859 I . How long is the grant for? I year Starting Date: July 1, 2016 Description Position 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match N/A 0% $ 011.13 5. Grant match amount required $ N/A N/A $ 6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? N/A Fourth Year 7. Does the grant cover capital costs or start-up costs? N/A Yes No If no, how much do you think will be needed in capital costs or start up costs Fifth Year $ (Attach a detail listing of costs) $N/A 012.12 1 Retirement -Contributions 8. Are you adding any additionalpositions utilizingthe grant funds? If yes, please list. (If additional space is neededplease attach a schedule.) Yes X No Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A Second Year $N/A $ $ 011.13 Other Salaries & Wages PT N/A $ $ $ Fourth Year 012.11 Social Security N/A $ Fifth Year $ $ 012.12 1 Retirement -Contributions NIA 012.13 Insurance -Life & Health N/A 012.14 Worker's Compensation N/A 012.17 S/Sec. Medicare Matching N/A TOTAL N/A 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs N/A N/A N/A N/A $ N/A $3,944.00 Second Year $N/A $ $ $N/A Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 10. What is the estimated cost of the grant to the county over five years? $ Signature of Preparer: Date: June 23, 2016 206 Grant Amount Other Match Costs Not Covered Match Total First Year $3,388.00 $ N/A $ N/A $3,944.00 Second Year $N/A $ $ $N/A Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: June 23, 2016 206 Contract Number: 17 -CP -1 1-10-40-01 -XXX STATE -FUNDED SUBGRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indian River County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified,and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Recipient agree to the following: (1) SCOPE OF WORK The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment A of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES The Recipient and the Division shall be governed by applicable State and Federal laws, rules and regulations, including those identified in Attachment B. (3) PERIOD OF AGREEMENT This Agreement shall begin upon execution by both parties or July 1, 2016, whichever is later, and shall end June 30, 2017, unless terminated earlier in accordance with the provisions of Paragraph (12) of this Agreement. (4) MODIFICATION OF CONTRACT Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200. (b) The Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, and the compliance of all subcontractors or consultants paid from funds under this Agreement, for a period of five years from the date the audit report is issued, and shall allow the Division or its designee, the State Chief Financial Officer or the State Auditor General access to the records upon request. The Recipient shall ensure that audit working papers are available to them upon request for a 207 period of five years from the date the audit report is issued, unless extended in writing by the Division. The five year period may be extended for the following exceptions: 1. If any litigation, claim or audit is started before the five year period expires, and extends beyond the five year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non -expendable personal property valued at $5,000 or more at the time it is acquired shall be retained for five years after final disposition. 3. Records relating to real property acquired shall be retained for five years after the closing on the transfer of title. (c) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to the Division, its employees, and agents. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but not be limited to, auditors retained by the Division. (6) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at reasonable times for inspection, review, or audit by state personnel and other personnel authorized by the Division. "Reasonable" shall ordinarily mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall provide the Division with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a nonstate entity as defined by Section 215,97, Fla. Stat., it shall comply with the following: If the Recipient expends a total amount of State financial assistance equal to or more than $500,000 in any fiscal year of such Recipient, the Recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Fla- Stat.; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local government entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement shows the State financial assistance awarded by this Agreement. In determining the State financial assistance expended in its fiscal year, the Recipient shall include all sources of State financial Z 208 assistance, including State funds received from the Division, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in this Paragraph 6(d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Fla. Stat. This includes submission of a reporting package as defined by Section 215.97(2)(e), Fla. Stat. and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the Recipient expends less than $500,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Fla. Stat, is not required. In the event that the Recipient expends less than $500,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215,97, Fla. Stat, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Recipient's resources obtained from other than State entities). Additional information on the Florida Single Audit Act may be found at the following website: https://apr)s.fldfs.com/fs.la/singleauditact.aspx. (e) Report Submission I. The annual financial audit report shall include all management letters and the Recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of financial assistance specifically identifying all Agreement and other revenue by sponsoring agency and Agreement number. 3. Copies of financial reporting packages required under this Paragraph 6 shall be submitted, by or. on behalf of the Recipient directly to each of the following: The Division of Emergency Management at the following addresses: Division of Emergency Management Office of inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 OR DEMSingle—Audit@em.myflorida.com The Auditor General's Office at the following address: Auditor General's Office Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 209 4. Any reports, management letter, or other information required to be submitted to the Division of Emergency Management pursuant to this Agreement shall be submitted on time as required under OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Division of Emergency Management for audits done in accordance with 2 C.F.R. Part 200 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (f) If the audit shows that all or any portion of the funds disbursed hereunder were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non- compliance. (g) The Recipient shall have all audits completed in accordance with Section 215.97, Fla. Stat. by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Fla. Stat. The IPA shall state that the audit complied with the applicable provisions noted above. The audit must be submitted to the Division no later than nine (9) months from the end of the Recipient's fiscal year. mfflw_x� (a) The Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Recipient and all subrecipients and subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. (b) Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. (c) The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever first occurs. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product Was completed in accordance with the Budget and Scope of Work. (e) The Recipient shall provide additional program updates or information that may be required by the Division. 210 U0 The Recipient shall provide additional reports and information identified ho Attachment D. (0 MONITORING The Recipient shall monitor its performance under this Agreement, aswell as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and -other performance goals are being achieved. Areview shall be done for each function or activity in Attachment A to this Agreement, and reported in the quarterly report. In addition to reviews of audits conducted in accordance with paragraph (6) above, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, and/or other procedures. The Recipient agrees tocomply and cooperate with any monitoring procedures/processes deemed appropriate bythe Division. |nthe event that the Division determines that ^ alimited scope audit ofthe Recipient kaappropriate, the Recipient agrees tucomply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer orAuditor General. |naddition, the Division will monitor the performance and financial management by the Recipient throughout the contract term to ensure timely completion of all tasks. (9)LIABILITY (a) Unless Recipient is a State agency or subdivision, as defined in Section 768.28, Fla. Stat., the Recipient is solely responsible to parties ddeals with in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes ofthis Agreement, Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. (b) Any Recipient which is amtate agency msubdivision, as defined in Section 768.28. Fla. Stat., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims orsuits against the Division, and agrees hnbeliable for any damages proximately caused bythe acts or omissions to the extent set forth in Section 768.28, Fla. Stat.. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision,of the State of Florida to be sued by third parties inany matter arising out cfany contract. (10) [E]FAULT If any of the following events occur ("Events of Default), all obligations on the part of the Division humake further payment offunds shall, ifthe Division elects, terminate and the Division has the option hoexercise any ofits remedies set forth inParagraph (11). However, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable tomake any further payment: FM (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the term of this Agreement, and the Recipient fails to cure this adverse change Within thirty days from the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES If an Event of Default occurs, then the Division shall, after thirty calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (13) herein; Agreement; (b) Begin an appropriate legal or equitable action to enforce performance of this (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. (e) Exercise any corrective or remedial actions, to include but not be limited to: 1. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, 2, issue a Written warning to advise that more serious measures may be taken if the situation is not corrected, 3. advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or 4. require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which may be available under law. (g) Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in 6 this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (12) TERMINATION (a) The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. (d) In the event that this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of the Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. (13) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative named below, at the address below, and this notification attached to the original of this Agreement. (b) The name and address of the Division contract manager for this Agreement is: Paul Wotherspoon 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: 850-413-9913, Cell: 850-528-8975 Fax: 850-488-6250 Email: paul.wotherspoon@em.myflorida.com 7 213 (c) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: John King, Director Indian River County Dept. of Emergency Services 4225 431d Avenue Vero Beach FL 32967 Telephone: (772) 226-3859 Fax: (772) 567-9323 Email: iking(a)-ircgov.com (d) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as outlined in (13)(a) above. (14) SUBCONTRACTS If the Recipient subcontracts any of. the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient agrees.to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Fla. Stat. (15) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (16) ATTACHMENTS (a) All attachments to this Agreement are incorporated as if set out fully. (b) in the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A — Budget, Scope of Work, and Deliverables Attachment B — Program Statutes and Regulations Attachment C — 302 Facility List 214 Attachment F-VVarranbmsond Representations AttmchmnentG-CedifivadnnRegardinQDebennent AhaohnnemdH-GbybementofAsourmnoom Attachment |- Facility Checklist and CAMEO Guide Attachment J - Site Visit and Certification Form Attachment K - Statement ofDetermination AttmohmentL-HozmndoAna}ysimRaviewCritehe (17) FUNDI NG/CONSI DE RATION (a) This ismfixed fee agreement, inowamount not to exceed $3,3880Osubject to the availability of funds. (b) Any advance payment under this Agreement is subject hoSection 2181O1(18). R�at.,and is contingent upon the Recipient's acceptance of the rights of the Division under Paragraph (12)(b)ofthis Agreement. The amount which maybe advanced may not exceed the expected cash needs ofthe Recipient within the first three (3)months ofthe contract term. For afederally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-1 10, A-1 22 and the Cash Management Improvement Act of19S0. All advances are required hobeheld inmninterest-bearing account. |fonadvance payment iurequested, the budget data onwhich the request iubased and o justification statement shall beincluded inthis Agreement aoAttachment E. Attachment Ewill specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No,advance shall be accepted for processing if a reimbursement has been paid prior to the submittal ofmrequest for advanced payment. (u) After the initial advance, if any, payment shall be made on a reimbursement basis as needed. The Recipient agrees b/expondoduina000rdanoewdhdheBudgetondS�opeofVVo�. ~ - Attachment Aofthis Agreement. (d) Invoices shall besubmitted edleast quarterly and shall include the supporting documentation for all costs of the project or services. Invoices shall be accompanied byastatement signed and dated by an authorized representative of the Recipient certifying that "all disbursements made in accordance with conditions of the Division agreement and payment is due and has not been previously requested for these emuunto.^ The supporting documentation must comply with the documentation requirements of applicable OMB Circular Cost Principles. The final invoice shall be submitted within sixty (60)days after the expiration date ufthe agreement. Anexplanation ofany circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division contract manager as part of the Recipient's quarterly reporting as referenced in Paragraph 7 of this Agreement. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (19)(h) of this Agreement, all obligations on the part of the Division to make any n 215 further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (18) REPAYMENTS All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat., if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (19) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials is incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. (d) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (f) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the 10 216 construction or repair of a public building or public work, may not submit bids on leases of real property to a. public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (g) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: 1. are not presently debarred, suspended, proposed for debarrhent, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; 2. have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property-, 3. are not presently indicted or otherwise criminally or civilly charged by a governmen. : tal entity (federal, state or local) with commission of any offenses enumerated in paragraph 19(g)2. of this certification-, and 4. have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment G) for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. (h) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Fla. Stat or the Florida Constitution. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof, Fla. Stat. 0) Any bills for travel expenses shall be submitted in accordance with Section 112.061, (k) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat., which the Recipient created or received under this Agreement. [E 217 (0 Kthe Recipient imallowed hotemporarily invest any advances offunds under this Agreement, any interest income shall either bereturned hothe Division orbe appliedmgainutthe Division obligation to pay the contract amount. (n) The State ofFlorida will not intentionally award contracts toany contractor who knowingly employs unauthorized alien workers, constituting aviolation ofthe employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. (n) The Recipient is subject toFlorida's Government in the Sunshine Law (Section 286.011, Fla. Stat.) with respect to the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations hothegoverningboond. All ofthese meetings shall be public[ ynot�ed.open hnthe public, and the minutes ofaUthe nmeati/oohaUbepubUorecords, available bothe pub|icinaccordance with Chapter 119.Fla. Stat. (o)Allof state financial assistance shall beincompliance with the laws, rules and regulations applicable toexpenditures ofState funds, including but not limited to, the Reference Guide for State Expenditures. (p) The Agreement may becharged only with allowable costs resulting from obligations incurred during the term ofthe Agreement. (q) Any balances ofunobhgmtedcash that have been advanced orpaid that are not authorized to be retained for direct program costs inmsubsequent period must be refunded to the State. (20) LOBBYING PROHIBITION (a)Nofunds cxother resources received from the Division under this Agreement maybe used directly or indirectly to influence legislation or any other official action bythe Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid nrwill bepaid, byoronbehalf of the Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federalgrant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2 Ifany funds other than Federal appropriated funds have been paid cvwill be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in 12 218 connection with this Federal contract, grant, loan or cooperative agreement, the Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." 3. The Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (21) COPYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under'or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights which accrue during performance of the Agreement. (22) LEGAL AUTHORIZATION The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement. 13 219 (23) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment H. IN WITNESS WHEREOF, the parties hereto have executed this Agreement. _RECIPIENT: Indian River County By: Name and title: Bob Solari., Chairman Date: ,Jn1Y 121, 2016 FID# STATE OF FLORIDA DIVISION OF EMERGENCY MANGEMENT By: Name and Title: Jonathan Lord, Deputv Director, Florida Division of Emergency Management Date: APPROVED Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk is APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY 220 EXHIBIT —1 STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: NOTE: If the resources awarded to the recipient for matching represent more than one Federal program, provide the same information shown below for each Federal program and show total State resources awarded for matching. Federal Program (list. Federal agency, Catalog of Federal Domestic Assistance title and number) - $ (amount) SUBJECT TO SECTION 215.97, FLORIDA STATUTES: NOTE: If the resources awarded to the recipient represent more than one State proaect, provide the same information shown below for each State proiect and show total state financial assistance awarded that is subiect to Section 215.97, Florida Statutes. State Project - State awarding agency: Florida Division of Emergency Management Catalog of State Financial Assistance title: Hazardous Materials Planning & Prevention Program Catalog of State Financial Assistance number: 31.067 $3,388.00 (amount) COMPLIANCE -REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: List applicable compliance requirements as follows: 1 First applicable compliance requirement (e.g., what services/purposes resources must be used for) 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). 3. Etc. State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. NOTE: Instead of listing the specific compliance requirements as shown above, in the example, the language may state that the recipient must comply with a specific law(s), rule(s), or regulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: 2 C.F.R. Part 200, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit I be provided to the recipient. 15 221 Attachment A Budget Subgrantee: Indian River County Contract Number: 17 -CP -11 -10 -40 -01 -XXX First Payment (45% of contract amount) $ (50% Hazards Analyses submitted and approved) 2. Second Payment (45% of contract amount) (50% Hazards Analyses submitted and approved) 3. Final Payment(10% of contract amount) (approval, distribution & notification) TOTAL AMOUNT $ is 01#1 Attachment A DELIVERABLES AND PERFORMANCE Deliverable Deliverables Minimum Performance Price Financial # Consequences Within 30 days of receipt of the executed contract submit electronically, 3 sample CAMEO hazard analyses chosen from 1. Each CAMEO facility file must 1 facilities identified in Attachment C. contain complete, correct and Must be in compliance with Section accurate information required in Na payment C of the Scope of Work. DEM will Section C of the Scope of Work. review the sample and provide constructive feedback within 10 business days. Not later than November 1, 2016 provide complete CAMEO files in 1. Each CAMEO facility file must compliance with Section C, Scope of contain complete, correct and Work, on 50% of facilities identified accurate information required in in Attachment C. Include a list of Section C of the Scope of Work. Payment will be reduced facilities visited. DEM staff will 2. A signed Site Visit Certification by $110.00 per Facility 2 review the deliverables within 21 Form and Site Plan in accordance with 45 % of Contract with incorrect or business days of receipt and SOW Section D for each facility. For Amount incomplete CAMEO files provide general feedback on any sulfuric acid (batteries) facilities, the after initial review. errors. DEM staff WILL NOT make site visit form must contain the date corrections to the files. Recipient facility was called and the person that will have 10 business days from responded to the EPCRA inquiries. time of receipt to return corrected files. Not later than March 1, 2017 provide complete CAMEO files in 1. Each CAMEO facility file must compliance with Section C, Scope of Work, on 50% of facilities identified contain complete, correct and in Attachment C. Include a list of accurate information required in facilities visited. DEM staff will Section C of the Scope of Work. Payment will be reduced review the deliverables within 21 2. A signed Site Visit Certification 45 % of Contract by $110.00 per Facility 3 business days of receipt and Form and Site in accordance with Amount with incorrect or provide general feedback on any SOW Section D for f or For each facility. incomplete CAMEO files errors. DEM staff WILL NOT make sulfuric acid (batteries) facilities, the corrections to the files. Recipient site visit form must contain the date will have 10 business days from facility was called and the person that time of receipt to return corrected responded to the EPCRA inquiries. files. 1. Provide a complete correct copy of the approved hazards analysis file 1. Not later than May 15, 2017 (Completed CAMEO file in compliance provide completed Hazards Analysis with Section C, Scope of Work) to the (CAMEO File) to the Local Local Emergency Planning Committee Payment will not be Emergency Planning Committee (LEPC) and provide the Division with a a of the made without required 4 and provide DEM with transmittal. copy of the transmittal letter. transmittal and Notify first responders and 2. Notify all Attachment C facilities cont contract amount notification letters/E- Attachment C facilities of the and first responders of the availability mails. availability of the file. Provide DEM of the hazards analysis information, with transmittal. and make that information available upon request. Submit a copy of the notification to the Division. 223 Attachment A SCOPE OF WORK OnOctober 17,1986.Congress enacted the Emergency Planning and Community Right to Know Act (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act(GARA).EPCRA requires hazardous chemical emerge noyplanning by Fedena|. State and local governments, Indian Tribes, and industry. Additionally, EPCRA required industry to report on the.storage, use and releases of certain hazardous materials. At the Federal level, the U.S. Department of Environmental Protection Agency (EPA)administers EPCRA At the state level, the Florida Division of Emergency Management (DEM) serves as the lead agency responsible for oversight and coordination of the local planning efforts required by EPCRA. Chaired by the Director of DEM, the State Emergency Response Commission for Hazardous Materials (SERC) serves as a technical advisor and information clearinghouse for state and federal hazardous materials programs. Additionally, xthe SERC conducts quarterly public meetings mvarying locations throughout the state. Currently, SERC membership consists of 28 Governor -appointed individuals who represent the interests of state and local government, emergency services, industry and the environment. At the district level, Regional Planning Councils (RPCs)each coordinate the activities of a Local Planning Committee (LEPC) that: (1) performs outreach functions to increase hazardous materials awareness; (2) collects data onhazardous materials stored within the geographical boundaries of the RPC; (3) develops hazardous materials emergency plans for use in responding to and recovering from a release or spill of hazardous or toxic substances; (4) submits hazardous materials emergency plans to the SERC for n*vew;(5)provdeothepub|icwbhhacandoVsmobaha|oinhonnst\onuponrequeo. LEPCmemnberahip consists of local professionals representing occupational categories such as firefighting, law enforcement, emergency management, health, environment, and/or transportation, At the local level, each of Florida's 67 counties performs a hazards analysis (county may elect to contract to the RPC or qualified vendor). The county hazards analysis is used as input to the LEPC Emergency Response Plan for Hazardous Substances required under EPCRA and encompasses; identification of facilities and transportation routes of extremely hazards substances (EHS); description of emergency response procedures; designation of a community coordinator and facility emergency coordinator(s) to implement the plan; outline of emergency notification procedures; description of how to determine the probable affected area and population by releases; description of local emergency equipment and facilities and the persons responsible for them; outline of evacuation plans; a training program for emergency responders; and, methods and schedules for exercising emergency response plans. This Agreement provides funding so that the Recipient, can assist in maintaining the capability necessary to perform the duties and responsibilities required by EPCRA. The recipient shall update the hazards analysis for all facilities listed in Attachment C, which have reported to the State Emergency Response Commission the presence of those specific Extremely Hazardous Substances designated by the U.S. Environmental Protection Agency in quantities above the Threshold Planning Quantity, The data collected under this Agreement will be used to comply with the planning requirements of the Superfund Amendments and Reauthorization Act of 1986, Title III, "Emergency Planning and Community Right -To - Know Act,of 1986" and the Florida Emergency Planning and Community Right -To -Know Act, Florida Statutes, Chapter 252, Part 11. Requirements A. The Recipient shall submit mlist of facilities within the geographical boundaries of the County listed on Attachment C that are suspected of not reporting to the State Emergency Response Commission the presence of Extremely Hazardous Substances inquantities above the Threshold Planning Quantity, as designated by the U. S. Environmental Protection Agency. 18 224 B. The completed hazards analysis shall comply with the site-specific hazards analysis criteria outlined below for each facility listed in Attachment C. The primary guidance documents are Attachment I (Hazards Analysis Contract Checklist and CAMEOfm Guide) to this Agreement and the U.S. Environmental Protection Agency's "Technical Guidance for Hazards Analysis" at; https://www.eDa-gov/epera/technical-guidance-hazardous-analysis-emergency-planning- extremely-hazardous-substances. All hazards analyses shall be consistent with the provisions of these documents. Any variation from the procedures outlined in these documents must be requested in writing, submitted in advance and approved by the Division. C. Conduct an on-site visit at each Attachment C facility to ensure accuracy of the hazards analysis. Each applicable facility's hazards analysis information shall be entered into the U.S. Environmental Protection Agency's CAMEOfm version 3.2 (download from): http://www.epa.gov/cameo/cameo-software. Each facility hazards analysis shall include, but is not limited to, the following items: 1. Facility Information (CAMEOfm Facility Page) (a) Enter the facility name (per Attachment C) in the Facility Name field. (b) Enter the facility physical address (no Post Office Box) in the Street Address fields of the Address tab. (c) Enter the geographic coordinates (in decimal degrees) in the latitude/longitude fields of the Map Data tab. (d) Enter the maximum number of occupants present at the facility at any given time in the Maximum Number of Occupants Fields on the ID and Regs tab. The Facility Manned tab must also be correctly checked. Select the correct check boxes indicating if the facility is subject to section 112r and/or section 302. (All facilities should be subject to 302 unless they submitted an SOD) (e) Enter the Facility phone number in the Facility Phones tab field. (f) Enter the name, title and 24-hour phone number of the designated facility emergency coordinator in the Contacts tab field. (g) Enter the main route(s) used to transport chemicals to the facility (from the County line to the facility) in the notes tab of the Facility Page. (h) Enter the route(s) used to exit the Threat Zone(s) in the notes tab of the Facility Page or link the facility to a Marplot map that graphically shows the evacuation routes. This image must be available off-line if this alternative method is selected. A map -capture from Marplot may be saved as an alternative method. (i) Enter any past reportable releases that have occurred in the last five years at the facility in the notes tab of the Facility Page. Include a copy of the Section 304 follow- up report submitted to the LEPC. If it is determined that a facility has not have an accident, that shall be noted. 2. Hazard Identification (CAMEOfm Chemical in Inventory Page) (a) For each Extremely Hazardous Substance present over the Threshold Planning Quantity (TPQ), create a Chemical in Inventory page (if a Chemical in Inventory page hasn't been created already) and enter the proper chemical name and Chemical Abstract Service (CAS) number. 19 225 (b)Oneach Chemical inInventory page created for each Extremely Hazardous Substance present over the YpO.enter inpounds (not range codes) the maximum quantity ofeach Extremely Hazardous Substance inthe Max Daily Amount field o/ the Physical State and Quantity tab. (o) Enter the amount (in pounds) of each Extremely Hazardous Substance stored in the largest container or interconnected containers in the Max amount in largest container field of the Physical State and Quantity tab (this /mthe release amount used tm determine the Vulnerable Zmmm). (d) Choose the appropriate description for the Type of storage container (drum, cylindar, tank etc.), storage pressure (ambient, greater than ambient etc.) and storage temperature (ambient, greater than ambient etc.) of each Extremely Hazardous Substance inthose fields onthe Location tab. (e) For each Extremely Hazardous Substance over TPC>.Onthe Physical State & Quantity tab check the appropriate boxes in the Physical State, Hazards and Health Effects fields (information on the above may be found by clicking on the Datasheet button Which opens either the CAMEO Chemicals program orwebaibe.) 3. Vulnerability Analysis (CAPWEO#mScenario Page) (a) For each Extremely Hazardous Substance present over the Threshold Planning Quantity (TPO).create aNew Scenario page (if aScenario page hasn't been created already) and enter the maximum amount in the. largest container or interconnected containers inthe Amount Released field nfthe Scenario Description tab. (b) Onthe Snanmhupaga(s)ScenahoDeooh[diontab, enter the oonoeni�tion pomentmgeinthe Concentration field. (c) Onthe Scenario pago(o)Scenario Description tab, enter the release duration inthe Release Duration field asfollows: (1) Gasou—lUminuteo (2)Powders orsolids insolution �1Ominutes (3) Liqukjo—Novo|ueuhaUbeenbevad (d) Enter the proper natural physical state of the chemical at room temperature in the physical state field. (as specified inCAK8EOhnChemicals) (e) {)nthe Scenario poge(s)Scenario Description tab, use the weather default settings or, enter average wind speed. Alternate scenarios may also beentered. (f) On the Scenario page(s) Scenario Description tab, rate the Risk, Consequences and Overall Risk of a release occurring at the facility on the bottom of the Scenario Page (the Risk Assessment should be based upon the Extremely Hazardous Substance, previous release history, maintenance conditions etc.). (0) After entering the information noted above on the Scenario Description tab and clicking on the Estimate Threat Zone Radius button, CAMEOfm will automatically estimate the extent ofthe threat zone that may cause injury ordeath tohuman populations following o n*|aaae. (h) On the Scenario page(s) notes tab, enter an estimate of the total exposed population within the threat zone(s) or link the facility location to a Marplot map where the threat zone population may be estimated based on the most recently available Census dat. 20 226 This image must be available off-line if this alternative method is selected. A map - capture from Marplot may be saved as an alternative method. If using this method upload the map data image to the CAMEOfm Site Plan tab/Facility page and also write on the Notes tab/Scenario page where the Total Exposed Population can be found. Add the file name. (Example: Total Exposed Population: See Marplot map (name of map SERC#TEP) (i) On the Scenario page(s) notes tab, identify each critical facility by name and maximum expected occupancy within the threat zone(s) (schools, day cares, public safety facilities, hospitals, etc.). If there are no critical facilities within the threat zone(s), that shall be noted. An alternative method is to link the facility location to a Marplot map in which a critical facilities geographic shape filed has been loaded. Critical facilities files are available for downloading from the Florida Division of Emergency Management CAMEO data portal. If using this method upload the map data image to the CAMEOfm Site Plan tab/Facility page and also write on the Notes tab/Scenario page where the Critical Facility information can be found. Add the file name. (Example: Critical Facilities: See Marplot map (name of map SERC#CF) D. Supporting documentation in the form of Site Visit Certification Form, Statement of Determination or dated letter or email to the SERC, LEPC; and local fire department from the facility identifying the reason the EHS is no longer present shall be submitted to the Division with a list of the facilities for which a hazards analysis was not completed Section 302 site and need to be removed from the official list of Section 302 sites for which hazards analyses are conducted.. E. On -Site Visits 1. Conduct a detailed on-site visit, within the period of this Agreement, of all the facilities listed in Attachment C, to confirm the accuracy and completeness of information in the hazards analysis. If authorized by the Division, a new or alternate facility may be substituted for a site that has previously had a hazards analysis conducted. A change of facilities after the agreement is executed will require a modification agreement. 2. Submit a completed Hazards Analysis Site Visit Certification Form (Attachment J) for each facility to the Division (file name must contain at minimum the SERC number if applicable and SV — if SERC number is not available facility name and SV — additional info allowed but not required). Add the site visit certification form to the Site Plan Tab of the CAMEOfm Facilities Page for each facility visited or contacted. Upload the site visit certification form to the Site Plan Tab of the CAMEOfm Facilities Page for each facility visited or contacted. (a) On -Site visit exception for sulfuric acid (batteries), this exception does NOT apply to bulk storage of sulfuric acid. (1) For facilities listed on Attachment C that report the presence of only sulfuric acid in batteries, an initial on-site visit is required and an on-site visit form (Attachment J) signed and dated by the facility representative and the Recipient shall be submitted to the Division. (2) In Agreements subsequent to the initial on-site visit, the Recipient shall contact the facility representative by email or telephone to verify the presence of all extremely hazardous substances. The on-site visit form shall be signed by the Recipient and identify the date and facility contact information. Another on-site visit is not required in subsequent Agreements, unless, the facility reports the presence of another extremely hazardous 21 227 substance above TPQ. Nothing additional is required to be changed or updated imCAMB]fnfor Sulfuric Acid (Bmttary)Exemption facilities. (8) Ifofacility representative reports the presence ofanextremely hazardous substance other than sulfuric acid inbatteries, subsequent to the period of Agreement inwhich the initial site visit was conducted, the Recipient shall conduct anon-site visit, complete all applicable CAMEOtmpages and tabs and submit acompleted on-site visit form (Attachment J)hothe Division. (4) Alist ofthe facilities using the Sulfuric Acid (Battery) Exception must be included with deliverable submittals. l For each facility for which mhazard analysis is conducted, a site plan must be added tothe site plan tab mYthe CAMEOft Facilities Page. (file name must contain od minimum the SERC number ifapplicable and SP—if SERC number ionot available facility name and SP — additional infoallowed but not required) The site plan shall contain sufficient information to provide situational awareness and at a minimum include: (a) Location of major building(s) (b)Name and location of extremely hazardous extremely hazardous substances are oo-luoabed.noting EHS is acceptable. (c) Name andlocation u)inimmediate vicinity, minimum ufone cross street and at/eetfauUKy|o located on. (d) Identify pertinent access and egress pnnt(s (e) Note any additional features pertinent to hazmat and medical response F. Ensure that the Hazards Analysis information is provided to the County for inclusion in the Local Mitigation Plan. 22 Attachment B Program Statutes and Regulations 1. Emergency Planning and Community Right to Know Act (EPCRA), Title III of the Superfund Amendments Reauthorization Act of 1986, 42 U.S.C. s. 1101, et seq. (SARA). 2.. Florida Emergency Planning and Community Right to Know Act, Chapter 252,. Part II, Florida Statutes. 23 229 ATTACHMENT C - INDIAN RIVER COUNTY SECTION 302 FACILITY LIST 2016-2017 SERC N Facility Name / Address County EHS Chemical Contact Number AT & T-FLE0900 30425 1825 Old Dixie Highway Indian River Sulfuric Acid Donald Carroll Vero Beach, 32960 800-566-9347 Bellsouth-E8659 29563 5 South Bay Street Indian River Sulfuric Acid Donald Carroll Fellsmere, 32948 800-566-9347 Bent Pine Golf Club 36487 6001 Club House Drive Indian River Sulfuric Acid Craig Waskow Vero Beach, 32966 772-567-6838 City of Vero Beach Municipal Power Plant 15008 100 17. Street Indian River Sulfuric Acid James Stevens Vero Beach, 32961 772-978-5051 City of Vero Beach -WTP 1107 2515 Airport North Drive Indian River Ammonia (anhydrous) John Ten Eyck Vero Beach, 32960 772-978-5220 City of Vero Beach-WWTP 1108 17 17 Street Indian River Chlorine John Ten Eyck Vero Beach, 32960 772-978-5220 Comcast of CO/FL/MI/NM/PA/WA LLC 39420 94012 Street Indian River Sulfuric Acid Greg Goode, Vero Beach, 32960 954=514-8347 CVS Distribution Center -8701 34821 2575-77 98 Avenue Indian River Sulfuric Acid James Akerman Vero Beach, 32966 772-774-2200 Indian River County -Hobart Reverse Osmosis Plant 22701 775158 Avenue Indian River Sulfuric Acid Harold Seeley Vero Beach, 32967 772-569-5964 INEOS New Planet BioEnergy LLC 39458 925 74 Avenue Indian River Sulfuric Acid Gary Phillips Vero Beach, 32968 772-794-7909 0312212016 230 ATTACHMENT C - INDIAN RIVER COUNTY SECTION 302 FACILITY LIST 2016-2017 03122120]6 231 Indian River County -South County Reverse Osmosis Michael Vernon 6689 1550 Southwest 9 Street Indian River Sulfuric Acid 772-231-7176 Vero Beach, 32962 Sears Roebuck Auto Center -6371 Marc Bates 29094 6200,20 Street, Suite 300 Indian River Sulfuric Acid 772-579-2117 Vero Beach, 32966 The Home Depot Store -0213 James Simmons 33834 1885 58 Avenue Indian River Sulfuric Acid 772-794-0566 Vero Beach, 32966 03122120]6 231 Attachment D FINANCIAL INVOICE FORM FOR HAZARDOUS MATERIALS HAZARDS ANALYSIS UPDATE RECIPIENT: Indian River County AGREEMENT# 17 -CP -11 -10 -40 -01 -XXX AMOUNT REQUESTED BY THE RECIPIENT 1. First Payment (45% of contract amount) $ (50% Hazards Analyses submitted and approved) 2. Second Payment (45% of contract amount) $ (50% Hazards Analyses submitted and approved) 3. Final Payment(10% of contract amount) (approval, distribution & notification) TOTAL AMOUNT R AMOUNT APPROVED BY THE DIVISION (To be completed by the Division) I certify that to the best of my knowledge and belief the billed costs* are in accordance with the terms of the Agreement. Signature of Authorized Official/Title TOTAL AMOUNT TO BE PAID AS OF THIS INVOICE $ Date 26 232 Attachment E JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ j ADVANCE .REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20_-20_ Anticipated Expenditures for First Three Months of (list applicable line items) Contract For example ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) 27 233 Attachment F Warranties and Representations Financial Management Recipient's financial management system must include the following: (1) Accurate, current and complete disclosure ofthe financial results ofthis project or program (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awmnds, audhorizaUono, obligations, unobkJabed balances, assets, outlays, income and interest. CB Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes, (4) Comparison of expenditures with budget amounts for each Request For Payment. Whenever appropriate, financial information should borelated bnperformance and unit cost data. (5) Written procedures todetermine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this (6) Cost accounting records that are supported bybackup documentation. Competition All procurement transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded homcmmpehnQfovauuhpnnounementa.&werdooha]|bemadahzthebidderoroffanjrwhooebidornfhy is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly set forth all requirements that the bidder o/offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do so. 28 Codes of Conduct The Recipient shall maintain writtenstandards of conduct governing the performance ofits employees engaged inthe award and administration ofcontracts. Noemployee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about huemploy any ofthe parties indicated, has a financial orother interest inthe firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favore, or anything ofmonetary value from contractors orparties to subcontracts. The standards of conduct shall proVide for disciplinary actions to be applied for violations of the standards by officers, employees, oragents ofthe Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee onsite, from Monday to -Friday 8:00APW'6:DOP% Licensing and Permitting All subcontractors uremployees hired bythe Recipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Recipient, 29 235 And Volu'Mdry. Exclusion � Swbcmnkmmctm? Covered Transactions (1) The prospective subcontractor cfthe Recipient, certifies, by submission ofthis document, that neither hnor its principals ha presently debarred, euspanded. , proposed for deborment.de�oredin�d�ibky.orwdunbah|yexduded�fnom in this transaction bya. department or agency. ' (2) Where the Recipient's subcontractor iuunable to certify to the above statement, the prospective subcontractor shall attach mn explanation hmthis form. SUBCONTRACTOR:- ' Signature Name and Title � Street AddressProject Recipient's Name DEM Contract Number ' Number Attachment H Statement of Assurances The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, indudi' OMB Circulars No. A'21.Ar110.A,122.A°128.A-87;E.O.12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28CFR, Part 66. Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted project. Also the Applicant assures and certifies that: 1.hwill comply with provisions ofFederal law which limit certain political activities ofemployees of State orlocal unit ofgovernment whose principalemploymont isinconnection with anactivity financed in whole or in part by Federal grants. (5 USC 1501.e{. seq.) 2.bwill comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 1Kwill establish safeguards to prohibit employees from using their positions for apurpose that ism gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 4.bwill give the sponsoring agency mthe Comptroller General, through any authorized access hoand the right hoexamine all records, books, papers, o/documents related tothe grant. 5. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment ofthe project are not listed onthe Environmental Protection Agency's (EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director cfthe EPA Office of Federal Activities indicating that ofacility tobeused inthe project ia under consideration for listing bythe EPA. 6|nthe event mFederal orState court orFederal mState administrative agency makes a finding of discrimination after odue process hearing onthe Grounds ofrace, color, religion, national origin, sex, or disability against arecipient offunds, the recipient will forward acopy cfthe finding hothe Office for Civil Rights, Office ofJustice Programs. 7bwill an Equal Employment Opportunity Program ifrequired tomaintain one, where the application is for $500,000 or more. 8. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of1888.and implemented mt28CFR Part 87.Subpart F.for grantees, aodefined at28 CFR Part S7Sections G7.G15and G7,62U. Attachment I Hazard Analysis Contract Checklist and CAMEOfm Guide Facility Information (CAMEOfm Facility Page) Facility Name (per Attachment C) ( Facility Page) Facility Physical Address (Facility Page) Latitude and Longitude in Decimal Degrees (ex. 30.197, -84.36211 (Map Data Tab on Facility Page) Facility Phone Number (Facility Phones Tab on Facility Page) Facility Emergency Coordinator Name, Title and 24-hour Emergency Phone Number (Contact Tab on Facility Page) Transportation Route(s) (From County Line to the Facility) (Notes Tab on Facility Page) Evacuation Route(s) to exit the Vulnerable Zone (Notes Tab on Facility Page) Historical Accident Record (If none, please note) (Notes Tab on Facility Page) Facility Maximum Occupancy (a minimum of one is required for unmanned facilities) (ID and Regs Codes Tab on facility Page) Select correct check boxes for facilities subject or not subject to section 112r or section 302 (ID and Regs Codes Tab on facility Page) Hazard Identification (CAMEOfm Chemical in Inventory Page) (for each Extremely Hazardous Substance on site) Proper Chemical Name(s) (Chemical in Inventory Page(s)) Chemical Abstract Service (CAS) Number (Chemical in Inventory Page(s)) Physical State in Storage (ex. mixture, pure, liquid, gas) (Chemical in Inventory Page(s), Physical State and Quantity Tab) Maximum Quantity On-site in Pounds (Chemical in Inventory Page(s), Physical State and Quantity Tab) Maximum amount in Largest Container or Interconnected Containers (Chemical in Inventory Page(s), Physical State and Quantity 7'ab) (This figure will be used as the release amount to determine the vulnerable zone in the Scenario' Type/Design, Pressure and Temperature of Container(S) (cylinder, battery, ambient etc.) (Chemical in Inventory Page(s), Location Tab) Nature of the Hazard (ex. acute, chronic, fire, pressure, etc.) Chemical in Inventory Page(s), Physical State and Quantity Tab) Vulnerability Analysis (CAMEOfm Scenario Page) (for each Extremely Hazardous Substance on site) Enter maximum amount in largest container or interconnected containers in the Amount Released field (Scenario Description tab) 'Must match the Chemical in Inventor Page, Physical State and Quantity Tab, maximum amount in largest container figure', Enter the concentration percentage in the Concentration field (Scenario Description tab) Enter Release Duration (10 minutes for gases, solids in solution or powders; no entry for liquids is required) (Scenario Description tab) Determine the natural Physical State of the chemical at room temp (specified in CAMEO Chemicals) and enter into the Physical State field (Scenario Description tab) Weather Information - Use the weather default settings or enter average wind speed (don't enter a value in the Wind From field) and Urban or Forest is recommended in the Ground Roughness field. (Scenario Description tab) Risk Assessment - Rate the Risk, Consequences and Overall Risk of a release occurring (based upon release history & maintenance etc.) (Scenario Description tab) Extent of Vulnerable Zone (CAMEO automatically calculates Threat Zone Radius when Edit button and Estimate Threat Zone Radius buttons are used) (Scenario Description tab) Enter estimate of Total Exposed Population (Notes Tab on Scenario Page(s)) Enter Critical Facilities (name of critical facility(s) and max occupancy for each; if none, state No Critical Facilities) (Notes Tab on Scenario Page(s)) See scope of work for alternatives. On -Site Visits (for each Facility and within the Contract Period) Site Visit Certification Form (Attached to Site Plan Tab on Facility Page) (file name must contain at minimum the SERC number if applicable and SV — if SERC number is not available facility name and SV. If it's a telephone call for the sulfuric acid exception the name of the facility rep spoken to and date of call must be noted on the form. Additional info allowed but not required.) Site Plan (Attached to Site Plan Tab on Facility Page) (file name must contain at minimum the SERC number if applicable and SP — if SERC number is not available the facility name and SP — additional info allowed but not required.) Sufficient Detail to Identify; Location of Major Building(s) Name and Location of Extremely Hazardous Substances) (if extremely hazardous materials are co -located, noting EHS is acceptable) Name and Location of Street(s) (At minimum street facility where facility is located and the nearest intersection or cross street.) Identify Pertinent Access and Egress Points Note Additional Features Pertinent to Hazardous Materials and Medical Response 32 238 FLORIDA STATE EMERGENCY RESPONSE COMMISSION FOR HAZARDOUS MATERIALS HAZARDS ANALYSIS SITE VISIT CERTIFICATION FORM Facility Name (Please print) Street Address, City & Zip Code (Please print) County (Please print) Name of Facility Representative (Please print) Facility Representative Signature Site Visit Performed by (Please print) Signature SERC ID # Site Visit Date - Site Visit Date The individuals signing above certify thaf a hazards analysis site visit was conducted on the above date. Notes: ❑ Check if facility representative was informed about using E -Plan (httosWerplan, net/eplan/log in. htm) for E PC RA on-line filing 33 239 Attachment K STATEMENT OF DETERMINATION Facility Name Physical Address (Street only) City County LEPC District I have determined that this facility is / is not subject to the following section(s) of EPCRA, Title III, for the reporting ears indicated circle all a livable): SECTION 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 302/303 Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N 311/312 Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N Y/N 313 Y/N Y/N Y/N Y/N Y/N Y/N Y/N I Y/N Y/N Y/N Y/N If "No" was indicated on any of the above, please check auprooriate box(s) whv: Sections 302/303 Extremely Hazardous Substances (EHSs) are / were present only in amounts less than established Threshold Planning Quantities TPQs . No EHSs are Present. No EHSs were present on-site during the year. Sections 311/312 Hazardous chemicals/EHSs are/were present only in amounts below established reporting thresholds. No hazardous chemicals/EHSs are/were present. No hazardous chemicals were present on-site during the year. Section 313 Not within covered SIC Codes. Within covered SIC Codes, but less than ten (10) employees. Within covered SIC Codes, but no Section 313 chemicals were present or were below Section 313 reporting thresholds. Other Closed facility YES / NO Chemicals removed I YES / NO Chemicals sw educed beloate threshold/TPQ YES / NO D Effective: New Facility. Date chemicals brought on site meeting / exceeding TPQ: Further explanation if necessary: CERTIFICATION: I understand the requirements of the law(s) circled above. I also understand that ultimate compliance responsibility lies with me and failure to comply, if required, can result in civil and criminal penalties under federal and state laws. Name of owner / operator's authorized representative (printed): Official Title (printed): Signature: JDate signed: 34 240 Attachment L HAZARD ANALYSIS REVIEW CRITERIA Facility Page 1. Facility Name 2. Facility Address 3. Facility Phone# 4. Name and phone number for 24-hour contact 5. Evacuation route(s) 6. Legible/Detailed Site Plan (SERC#SP) with location of EHS(s) 7. Site Visit Certification Form (SERC#SV) 8. Latitude & Longitude in Decimal/Degrees 9. Maximum No. of Occupants Chemical In Inventory 1. Proper Chemical Name and Chemical Abstract Number 2. Max Daily Amount 3. Max Amount in Largest Container Scenario Page 1. Amount Released (Must be the same as Max Amount in Largest Container) 2. Release Duration for Gases and Solids in Solution must be 10 Minutes 3. Natural Physical State 4. Risk Assessment 5. Estimate Threat Zone Radius 6. Name of Critical Facilities if None Indicate So 7. Estimate Total Exposed Population 8. SOD or Supporting Documentation 35 241 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: July 1, 2016 CONSENT AGENDA THROUGH: Jason E. Brown, County Administrator /KS Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manage SUBJECT: Approval of Award for Bid 2016037 — Headworks Screen and Compaction Equipment Refurbishment BACKGROUND: The Department of Utility Services requested the solicitation of sealed bids for the refurbishment of headworks equipment at the West and Central Wastewater Treatment Facilities (WWTFs). The screens and compaction equipment are used to remove solids and debris from the wastewater as part of the treatment process. Bids were solicited for the refurbishment of two bar screens and one compactor at the Central facility and refurbishment of one bar screen and two compactors at the West Facility. The bar screens were included within the FY15/16 Capital Budget at $150,000.00 and rehabilitation for the compactors was added to the project. While the manufacturer's suggested service life for the equipment is five to seven years, the units at the Central WWTF are 12 years old and the West WWTF units are more than eight years old. BID RESULTS: Bid Opening Date: May 17, 2016 Advertising Date: April 16, 2016 Demandstar Broadcast to: 650 Subscribers Specifications/Plans Downloaded by: 16 Vendors Replies: 1 Vendor Piddpi- Location , Parkson Corporation Fort Lauderdale $274,295.00 242 CONSENT AGENDA ANALYSIS: Staff feels the specialized nature of the work and the recent merger of two providers (Parkson Corporation acquired FilterOne USA in April of this year) led to the limited response. The Department of Utility Services reviewed the bids received and has made its recommendation of award to the lowest, responsive and responsible bidder, Parkson Corporation for the total contract amount of $274,295.00. The department's estimated budget for the project was $150,000.00 in the Capital Budget. The estimated cost to completely replace the units is $552,654.00. The project has now been developed into an R&R project. SOURCE OF FUNDS: Funding in the amount of $274,295.00 will be made available in the capital account (47123536- 044699-16524) within the operating fund. The operating fund is derived from water and sewer sales. RECOMMENDATION: Staff recommends the Board award Bid 2016037 to Parkson Corporation. Staff further recommends the Board approve the attached agreement and authorize the Chairman to execute it upon: review and approval by the County Attorney as to form and legal sufficiency, the approval of the required Public Construction Bond by the County Attorney, and the review and approval of the required insurance by Risk Management. Attachment: Agreement APPROVED AG A ITEM BY: Jason E. Orow4 County Administrator FOR: WWWWWRIM-M 243 Agreement THIS AGREEMENT bbyand between INDIAN RIVER COUNTY, aPolitical Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and PARKSON! CORPORATION (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,agree aufollows: ARTICLE 1 - WORK CONTRACTOR shall complete all Work ay specified or indicated in the Contract Documents. The Work is generally described as follows: Headvvorks Screen and Compaction Equipment Refurbishment atthe Central Regional Facility located at 3S5O4Q1hStreet, Vero Beach and the West Regional Facility located at 8405 8th Street, Vero Beach. ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents ma be the whole oronly apart is generally described as follows: Project Name: HeadvvorkyScreen and Compaction Equipment Refurbishment Bid Number: 3016037 Project Address: Central Regional Facility located at3S5D49thStreet, Vero Beach and the West Regional Facility located at84858th Street, Vero Beach. ARTICLE 3 - CONTRACT TIMES 3]01 Time ofthe Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days toAchieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment onorbefore the 120th day after the date when, the Contract Times commence to run. 3.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, p|wa any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,148.00 for each calendar day that expires after the time specified in paragraph 3.02 Page 1 of 7 244 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.6, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $274,295.00 Written Amount: Two hundred seventy four thousand, two hundred ninety five dollars and zero cents ARTICLE 5 - PAYMENT PROCEDURES 5.01 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Bid and Specification Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.02 Pay Requests. A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors Page 2 of 7 245 or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.04 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its off=icers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site Page 3 of 7 246 which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the -Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: I. This Agreement (pages Ito 7 inclusive); 2. Notice to Proceed 3. Public Construction Bond (pages _ to _, inclusive); 4. Certificate of Liability Insurance 5. CONTRACTOR'S Bid Form (page 12 of 27); 6. Bid Bond (pages 1 and 2 inclusive); 7. Qualifications Questionnaire (page 1 to 4 inclusive); 8. Affidavit of Compliance (page 13 of 27); 9. Warranty Information Form (page 16 of 27) Page 4 of 7 247 10. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 14 to 15 of 27, inclusive); 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. Page 5 of 7 248 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov.com Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Page 6 of 7 249 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Bob Solari, Chairman By: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: ' Title: Address: Phone Email Page 7 of 7 CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address forgiving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 250 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason Brown; County Administrator DEPARTMENT HEAD CONCURRENCE: Stan Boling, IC ; Community Development Director FROM: John W. McCoy, AICP; Chief, Current Development DATE: July 6, 2016 SUBJECT: Harmony Reserve, LLC's Request for Final Plat Approval for Harmony Reserve PD Phase 1 B [PD -14-10-12 / 97080101-77074] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 12, 2016. DESCRIPTION & CONDITIONS: The Harmony Reserve Phase 1 B represents the second half of the initial phase of the Harmony Reserve PD. Phase 1B consists of 60 lots on 21.49 acres resulting in a density of 2.79 units/acre for Phase 113. Located on the north side of 33`d Street, the overall Harmony Reserve PD project is proposed to be developed in 4 phases, is zoned RS -3 (Residential Single -Family up to 3 units / acre), and has an L-2 (Low Density 2 up to 6 units / acre) land use designation. The overall density for the Harmony Reserve PD project is 3.30 units per acre. On October 7, 2014, the Board of County Commissioners granted concurrent conceptual special exception PD plan approval and preliminary PD plat approval for the Harmony Reserve PD Phases 1 through 4. The applicant subsequently obtained a land development permit and commenced construction on the Phase 1 improvements, including a portion of Phase 1 known as Phase 1B. As of this time, the applicant has built more than 75% of the required Phase IB improvements, and has "bonded -out" for the remaining improvements. The applicant has coordinated with staff to provide the following: 1. A Phase 1 B final plat in conformance with the approved preliminary plat; 2. An Engineer's Certified Cost Estimate for the Phase 1B remaining required improvements; and 3. An executed Contract for Construction of Phase 113 remaining required improvements, with a letter of credit for 125% of the cost of construction for the remaining required improvements. 251 FACommunity Development\CurDev\Final Plats\BCC staff reports\2016FPrpts\HarmonyReservePDPhaselB.rtf The Board is now to consider granting final plat approval for Harmony Reserve PD Phase 1 B. ANALYSIS: Most, but not all, of the Harmony Reserve PD Phase 1B required subdivision improvements have been completed. As provided for under the LDRs applicable to. this final plat application, the applicant is proposing to "bond -out" for the remaining required Harmony Reserve PD Phase 113 improvements (utilities, drainage, landscaping, and roadways). Public Works, Utility Services, and Planning anticipate final review and approval of the Engineer's Certified Cost Estimate for the remaining Harmony Reserve PD Phase 1 B improvements prior to the July 12th meeting. The County Attorney's Office anticipates final review and approval of the Contract for Construction of Required Improvements and receipt of an acceptable letter of credit in the amount of 125% of the cost of construction for the remaining required improvements prior to the July 12th meeting. The contract for construction and security arrangement, which represent 125% of the estimated cost to construct the remaining required improvements, will be executed by the County Administrator and will be effective upon final plat approval. It should be noted that all improvements within Harmony Reserve PD Phase 1B will be private, with the exception of certain utilities facilities. Those utility facilities will be dedicated to and guaranteed to Indian River County as required by the Utility Services Department. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for Harmony Reserve PD Phase 1 B. ATTACHMENTS: 1. Application 2. Location Map 3. Plat Layout 4. Contract for Construction of Required Improvements and Letter of Credit (to be provided prior to meeting) APPROVED AGENDA ITEM: FOR: BY: Indian River Co, Approv d Date Admin. Legal 6 Budget Dept. 7l0%! Risk Mgr. 252 FACommunity Development\CurDev\Final Plats\BCC staff reports\2016FPrpts\HarmonyReservePDPhaseIB-Kathy.rtf 2 I INDIWS RIVER CQUNTY I'loso indfrott, tilt talar, of hVilif, submitted! (,'on cqtTlef rD special fink)(han4 planiml WvOollinvol. Final p1minva Dovelopmom Notc,:. For sk-PI),reYAwhig olsolo-dildr (be tqVr-qpr;atc. mi,'orting xppllrtfosl. j.,,RojECr NAI,4E: HARMONY JUN 2018 cummUNITY DEVELOPMENT r.) 4 (*)'kVW1-'..q: (PILASE HARMONY RESERVE, LLC 3880 39TH SQUARE ZJ—)RESS VERO BEACH, FL 32960 Efl—Y, STATE, W 772-567-9154 PHONE NUADPR t.hiU@thehiRgroup.biz FA-A—M ADDRESS ). PATRICK HILL FO-WAC&T- PERSON SCHULKE, BITTLE & STODDARD, LLC 1717 INDIAN RIVER BLVD, STE 201 ADDRESS VERO BEACH, FL 32960 CITv, VATE, ZIP 772-770-9622 PI IM NUMBER jbittle@sbsepLmeers.com MAAIL ADDRESS JODAH B. BITTLE, P.E. CONTACT PERSON SAME AS OWNER CiTY, 31"AI'13, VP CW%V, )4 ")DRESS CONTACT,,PERSON AGRNT (PPA,88`VP-!W-f') '1-.TAIvM ADDRESS C 1W , STATE, ZIP PH%')NE NUI WER EAAAM ADDI MISS CONTACT PERSON TURF OF OWNER OR AGENIT MA -Al pwttizut 'Aria Nv i V. 3 ATTABHUENT 253 I ls�C};:1, }!� ta.17 SirlaL; `.T'.1'1tCiPlF2';'Ti': 32392000010077 000001.0 AND 32493200001008000002.0 L_2 PD _ _ 120.10 (PLAT IS FOR 21.56 ACRES) f'U:AI. P'Ct?.11C i'.��C:k.Ii�OI; 120.10 (PLAT IS FOR 21.56 AC) UNDEVELOPED l'.kOPOSLM ;;13'!; !1`3 C:IN;;i"!`Y (e,}±. A ntunit.;, rgivarc icci -?v use): 39_ ? UNITS (PLAT IS FOR UNITS) R. PLEASE COMPLE'TF'' RY 5C10111TAI, CKMICLISt ** l he ilii�wiw;tT si,:�m ntuft be artached to tits appliatixi: x NA ti 0w et"plle.: l: 779 (`riliet than the owtttx &). R lu .tri ai`td r�rr..4 tx . r' x;:�x. i € C;n:t t�=u3 tk our°iter; ON -FILE `N -lo &:'eds anti a WiNd $1atgnent naming ever} indivintx'il:h+nling 1-1?;i ss: t*� tirt2l�Ic uv2i�sitip !tb i#rt if i-mv ed cusporatim pwiviat the names wee, wdl-iron o"' cinch ,;Wkhot&r ownhig twre (q'itic vtluc +oroutsm xciing corr""ion sliares, ON f-FILE T1.cUplell� +,�'E}i�: o4axtttr! rtsca+rtled iearr�u�►iv daetl; Y A WWk, rt MM^ .Yrdl! Y V:- rw 1; mode. payx4t.* to `" lf!dfiwi Riven t,.I{7idi1wl: plantled..13e tl,_Trnj,,til. lt4quo�=.t - Coacepmwl Rr, Specbgi Exception '�di-4t,'s °.iLxt:'a ?a75.Qc) cs�; r pdt a,.re7 257. t 100.00 rnr c:*ch tc dW-.-m9 25 nor. over 4b acres •i3OMI1t-0?fib y III), rib" 2 S l 1510.00 Q50.110 _0- • :�! r1ikr 40 i fCS tts«t'+t�Y l3ritl.tto 5t► {)U tnr cAph itsltlitlonal 2a acmi i vvt 40 acma Fina pD,1102S S 1400,0 For cant-Urrrrxt xp3tllsuti0trt: cOn:binc the spprapriatc iter zrnd subtrucC Wt1.0fl. Y •ful : rvr,; -4 cl-implele conerlrtual. Pmliminnr) or Final I'D (f,•t:sl M:d? pina:� )w t: be :5ip.� tmi sca!od frf —� rurvc)•or). 1'[Uri : u._� per rbaltror 91 S, pumount to the type of approvni btigv. sc:I}.etc 1. NA : i!,.: � tt.saetx► ::sa .t d�» r�*tfsr~ �,r slxldi vitakm rit+flrtar= wfkh tbv. t�ppiir4u1:r i;7 txclkief 56nq t'o b:, WAYml :+2377+ixtij�Rl, 10.11 nitlil3 l:; i;?? , t>1irt'»»." 1�+:;*;,i� #eql.. ,L*Vjdptlk, etl`#;i' '— 4`r£.',' &J1011 be indicated by scatinn and Pxuttypph nu; bem, togelitcr wit}: mtifl;udt- rot 1110 evm.4ibr ryxl;tf,4; ,), -in ems nrtecltrsS shed. t.;u`an �wnr r�eYctc�Nna:�J1i£t.lC�+t'1Cw!1 't'urSYr a �rlic a .+�,MKcsi Axi Apiii 2;li PW2of3 ATTACHMENT 254 NA NA NA NA NA Plimol;rt11 ofj),asl..E� f;lgii T A - I NA prcsiidk#jg r : �itpdia�. to abhic-00-9 �� 754% ojvlOF CoNsloveno comr."Cm _-utl= but NA Tj,' IMPROVIC12M MN" ARY-PRIPICAM)VOIRC PURLIC."' T�-TRUCTIDTN,- INICOMM'E'll", - BOND -OUT VIEW -, Ar 4s n*Q t+rAcfm to be or P&=ll "lop 46ds�sid h, h� NA vettifivr4e, of voqlploioly MW ON -FILE I= lope ON -FILE ot j. i A 0 1 r, c com 3 16 g tA, P R Pale 3 of %TTAUMENT 255 R 3 A-1 R11 -3R -3 __ 1 � 37.TH ST,(gAR ER.A17 O,NINY AN WAYRS- ,...........YI�LOO I ' Overall Harmony 1 n': 6„ 32393200001003000001.0 Reserve P l) -; _ - o°: S -Zoned: Pl) MAPE MNA 32393200022000o000o.1 kkf Nero ]Beach h RS -3 RED .•........ 35TWSTS✓ 323932MO22 - t5 ,P•hast 1B :a 63RD. SG IL `""�" -34TH LN I"l Vero Beach � x 32390200012M00000.2 S— ..� Shad �, •33RD.hlNR � � e i SaII... '" BPOO 34TH,ST` Q i � e 32393300001006000005.0 R LONGLEAF L - ti _ _ , -i I - -6 i yo0 50. Vero 13 each f - �`SUSS�EX �� ¢� 4 S-3 RS—+ Rfi 3� 3z39o3a000lou00000l.o RS- Vero Beach 32393300001012000002.0 N O� HARMONY RESERVE P.D. - PHASE IB BEING A REPLAT OF A PORTION OF TRACT R. HARMONY RESERVE P.D. • PHASE IA, AS FILED IN PLAT BOOK 28, PAGE 6. OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA. LYING IN TRACTS I. 2. 7 & A PORTION OF TRACT 8, SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST. INDIAN R WR FARMS WA7ER COAr1RCE D/S7NCr VACANT LAND PARCEL N 32393200001003000001.0 SANCTUARY PLAT BOOK 15, PAGE 23 PD 37TH STREET - RIGHT OF WAY VARIES y 30' INDIAN RIVER FARMS WATER CONTROL T DISTRICT LATERAL AS CANAL RIGHT OF WAY _,T9 (CANAL SOUTH OF SECTION LINE) NB9S77B'E BODO' D r0 . Xt" covc MOVUMCNr ) 071J6"W JD.U7' PRM LBJ6905 SET f XI" CONC MONUMENT 504'x4" E NB952�18F 16i9.J1'_ _ _ _ __ _ _ PRM LB/69p5 NB951781f 10000' SJ951'S9"W J9.IY FD s Xr LGWL. AA W"rvr lw 1B iJ1A63 PRN LB/6905 FD tXt" fAM9LAVUMCNI ---- PRM LB/6905 - NB9711e 87472 " -------------- AP 1 YI" cCWC. MONUMENT 1 PRM LB/6905 1 $AisniZ' 56.40' 52'r ♦XI" LDma JNAVUAI[NT S NOT MURPHY RCSFRVA RCIV Is PRu CB/6905 NCLUDED DEEo HOOW 10 PAGE u1 FD t"Yt' CONC. AIQ&V90r PRM !B/6905 RELCA99 OR BOOK IBIJ PALE 1999 JS y 4 FD tXt" coma MOVUMENr 1 15 pau L816905 75 RLLNr OF WAY 3 FD 4X1" cow MON(/uENr r OF I PERRPEAr PW 180905 1 ACRCS' S00727W'W 162.52'----SB9w71"W J/5OD' 1 FD 4X4" COWL YOVUMENT PRM LRi6905 REMAINDER OF TRACT R Ne9S7377 J1S (FUTURE DEVELOPMENT) HARMONY RESERVE P.D. - PHASE to / / REMAINDER OF TRACT R 1 1 t0' RICNr Or WAY OCOLC PLAT BOOK 2, PACE 74 (FUTURE DEVELOPMENT) I HARMONY RESERVE P.D. -PHASE IA OR. BOGY IBJ7. PACE 2437 7157 PROPOSED $TORMWATER TRACT U-1 HARMONY RESERVE P.D. PHASE IB PLAT BOOK 2. PAGE 74 i // I , N w a 7J 4'x4- COWL. ML1V(/MENT / � 5'Er 4'." CONC. MONw&rI I / N > > I Z TRA1 LB/6905 PRM L6/6905 RA T / 'TRACT IO7'W9N.I8' } > G 1^ ¢ 3 PROPOSED TRACT 7 TRACT '70RMWATER TRACT R -I HARMONY RESERVE P.D. PHASE IB PROPOSE6 HARMONY RESERVE P.D. - PHASE 1B Q /, HARMONY, RE TRACT 5 RESERVE P D I K I < >X X/ �( PHASE 1v PHASE 1A PLAT BOOK 28. PAGE 6 1 m SHADOW BROOK PLAT BOOK 9. PAGE 17 (NOT INCLUDED) )HA MONY E VE D. - H PLAT BOOK 28, PAGE 6 IA Aa _ i I 40' i •i��: i / $��c slayL.4f.IR17Bllwc R m a a oeg E PREPARED BY. CHARLES H BLANCHARD. PSIAISTSS MERIDIAN LAND SURVEYORS -MDATE OF PREPARATIONJANUARY 2018 ABBREVIATIONS: U - CENTRAL AROE OF CURA R - RADIUS OF CURVE L - LENGTH Or OUR\£ CH. - OM OF CURVE, DIRECTION AND LENDER R/W - RIGHT -OF WAY O - CENTER NE SEC - SECTION P.B. - PUT BOO( O.A. - OVERALL PRY -PERMANENT REFERENCE MONUMENT PCP - PERMANENT CONTROL POINT P.RI.R.C.i. - PUBW RECORDS OF MOAN RIVER COUNTY FLORIDA I.R.F.C7LD. - MAN RIVER FARMS WATER CONiR0. DISTRICT (R) - RADIAL (NR) - NOT RADIAL (M)- MEASURED (P) - PUTTED MONUMENT LEGEND MONUMENTS ARE BRAT ARE DESCRIBED BELOW UNLESS ONERVASE NOTED OSET PERMANENT RETEKNCE MONUMENT (PRM) OFOUND PERMANENT REEERENLE MONUMENT (PRY) e PERMANENT CONTROL PONT (PCP) ®PARCEL CORNER MANNER (SEE SURVEYOR'S R07ES FOR FULL DESCRIPTION OF SET PRMS AND CORNER MARKERS) \J�/ `� x o F_ i 10' ROW DEDILAROW PER ' \ �� V" A < F I r,HAI'Illr "rAIR. INDIAN MMR FARMS y WAIEN C0m1ROL OL57R/C7 ti O 10 NURPNY RE9CRIA)A7N� AL 30' A00"0" R/W LTD BOCK ID. PAL£ lB5PCR A -t LANA[ 4 01 9t4 PAC9SASEDCHERRY LANE (33RD STREET)[CI R BOGY 1BU. PALE J99d RIGHT OF WAY VARIES (N OF TRACT LINE) 30' CANAL RIGHT OF WAY (S OF TRACT LINE) N J KLQ7' FOUND BRASS DISK N TOP _ OF CONCRETEMONUMENT Nlisn9yY REECCORDEDMN NT206 9J.60 RECORDED E: S]592].BS FOUND N. 120SS95V7.S FOUND E B 27.SSSS HARMONY RESERVE P.D. - PHASE IB PT PC NB957 259!1' BEING A REPEAT OF A PORTION OF TRACT R. HARMONY RESERVE P.D. -PHASE to AS FILED IN PLAT BOOK 28. PAGE 6, OF THE PUBLIC RECORDS PRC PT RIGHIOFWAyt OIIM LENGTH RADIUS OF INDIAN RIVER COUNTY. FLORIDA LYING IN TRACTS 1, 2. 7 6 A PORTION OF TRACT 8, SECTION 32. TOWNSHIP 32 SOUTH. RANGE 39 EAST. L7 I . PT A017411 -0`42.00'(R) L24 1 , CURVE LABEL LEGEND: NB974;T6T 6307• A M7524W IOL60' ° � I 11A L2 PC - PONT OF CURVATURE ABBREVIATIONS: PT - PONT OF 7AN(iNCY N89:WA6 6".00' N89 JIWe 64 DO' NB9 J1 J67 61.00' 'M� I L25 L2 Sa POC - PONT OF COMPOUND CURVATURE - CENTRAL ANGLE K CURVE PRC - POINT OF RECURVAMR I N69;7476T 6400' L17 175 LIS 22A 21A 20q 19A i6A I 48A I 1 I R. RADIUS OF URV L - LENGTH OF CURSE AB9:N:767 6400' Li 3, 126 •�• CH. - CHORD OF CORK, DIRECTION AND LENGTH 1 1 57A 4Wl2,'Irw LITH 11 112 LIJ L6 SM74-6-W R/1F - RIGHT-OF-WAY' 2056.1 Ct BS 66' .WAW I611 N8971:767 JQ00' 2 i( [J2 LJI NQ779:J/T 4791' 15A I I9A SEC:SECTION P.B. PLAT BOOK �� m ISA- 11 I LT7 81 1 SYA779:7 !a b NB974 J67 61 00' NOO70777 5Q 12' N893067 5Q 00• I I I w�50124'I171021.fb' 569Y029T 6.J6 RIM - PERMANENT REFERENCE MONUMENT I 1 L N0070'277 6100 AAA (RADIAL) PCP - PERMANENT CONTROL. POINTu tIA I NI BOA I P.R.IRCF. - PUBLIC RECORDS OF MOAN RULER COUNTY FLORIDA i WATER m i iAS Ag779:T/T 6500' AIA I a I I SD07971 I.RF.CWD. - ROAN RRTR FARMS CONIHOL dSTPICT cr (R) - RADIALCC \rHlr Ir.\I,r M� m �I I AZA I s i s 51A L28 (NR) -NOT RAdAI s w �> 3 I I ¢ MA j 3 se9eo'197 a97' (M) - via N0070777 SQ GO' TER 1,_ 1 I [D) - PIATPLATTIEDD I 114 I I SAVAGE AOA I ,1m 1 57A MANACT _ N89:J9:7J'W LRB' STORMWATER MONUMENT LEGEND ••�- •••I I g TRACT U-1 ¢ U-1 50079, MONUMENTS ARE KHAT ARE DESCRIBED BELOW I I I N89:4 76 7 I 14107' I 4 I `? STORMWATER MANAGEMENT 39A I 67A UNLESS OTHERWISE NOTED B SET PERMANENT RUEADICE MONUMENT (PRM) I PERMANENT REFERENCE TRACT R-1 R CLUBHOUSE& `I 53A 50079: LJO OFOUID MONUMENT (PRM)' O PERMANENT CONTROL POW (PLP) ��{{ W PAROL CORNER MARKER S„ Z RECREATIONAL HARMONY RESERVE P.D.-PHASE IA PIAT BOOK 18, PAGES 6-11 5^. N007027T 11100' AREl1 $I TRACT■ I „ 35A I6A 37A 38A I 3 1 1 '� Y I N072574'W B9.BJ' NF' R. PARER CRMER MARKER (SEE SURKYCYS NOTES FOR FULL M � ¢ I o 1 � 3 23A 2AA 25q 28A 27A 28A 29q 30A 3tA 32A 33A 3AA i`�I til N u SIA d DESCRmROH OF SET RHMS AND CORNER I I I m ug 31 10A 67! N002027T 6500' �I 1 NOO79:F77 6500' L7 NW7027T WOO' gl p. I MARKERS) NB910'29M'QIJ' -- S69:F476'W 8500' 521971;T6'W 50.00' i1 I I 9A I 1 BAA L6 52T97t76 1V 6500' , I NO079717 50.00' N&91029'W JIG' L5 SB9:N%'W.5Q00' I I SWiM'J6'W 75 74' i — 1, RA 65A LI I LJ 12 ( LJ j I N07 A PART OF THIS PLA 55A EASEMENT LEGEND: - - I- -- - — Pi �M? - 1A RBOOK - EMb00IAA'E _ _ _ �.«---- - aPurFo PRESERV D.E. - dtAMA<.E EASEMENT _ I U.E. - UTILITY EASEMENT IT PT _ _ A1117717JT 12.00' _ _ _ _ 1 I /'�- 5811 11CT E.1 3P.1� K I Mnai�n 6A it 7A PT qv- PC I PCC PT-. E� j _I - J _ "`p �P_ ����f -moi__t-L rte, _ �7524710?L00'(Ri i I r I I I N 00 TJ'W 62.31' I'W 65 Do' 50.00' i a �IM1 8r6 11507' S r V 65010' I WOO' 42.21' 60. 18' I UPLAND PRESERVE +3 TRACT E -1B PLAT 8ocK PAGE DOCKET NO. PREPARED BY: { ! CHARLES H.BLANCHARD. PSNM5T55 MERIDIAN LAND SURVEYORS 69W I DATE OF PREPARArM MAY 1014 :SNE TS HEEI LAYOUT KEY MAPS "myr, h IIUb,' I IM19VIOTOW 1 I J2' 1 a NAIGH-PONT A'- 'W 2100' (R) m HO 5,p ;t US7 JN9. 15' �S 77A -PANT ;1' I I I I 8 1.I7P.(B PCC 589:N:76'IP 5Q 00' OIIM LENGTH RADIUS DELTA O. BEARING CK LENGTH (FUTURE DEVELOPMENT) 59.69' 25W � 3565' 589:71:T6'M 6500' 11.61! 19AW 07521• N9R23*WE HARMONY RESERVE P.D. - PHASE 'Al 0 s/w79' 171'..' 22A 21A 20q 19A i6A 17A TBA I 1 I ,tRN' 25W PLAT BOOK 2 PAGE 6 I I I I N89:NJ67 6100' `3 h ry IX WTABIP.%JFNT 01 LW12L08 389:71:%'W 6507' .50075717 Qom' 5897476 W SQDID S[[9:N:T6'11' 6!90' 1 1 57A 4Wl2,'Irw LITH 11 112 LIJ L6 SM74-6-W 7,43' 2056.1 Ct BS 66' .WAW 114'01' N8971:767 JQ00' 2 , SIi:H:JBV'2485' [J2 LJI NQ779:J/T 4791' 15A SBA NB9:NJ6T 64JB' LJI 1' NB974 J67 61 00' NOO70777 5Q 12' N893067 5Q 00• I I I 569Y029T 6.J6 1 1 59A L N0070'277 6100 tIA I Ag779:T/T 6500' N89:797J'W J66' , I I se9eo'197 a97' HMVI N0070777 SQ GO' I I 8 114 _ N89:J9:7J'W LRB' STORMWATER I 1 I MANAGEMENT; I 4 I `? STORMWATER MANAGEMENT tZA 67A TRACT R-1 R CLUBHOUSE& `I I I TRACTS S„ RECREATIONAL HARMONY RESERVE P.D.-PHASE IA PIAT BOOK 18, PAGES 6-11 5^. N007027T 11100' AREl1 $I TRACT■ I „ (NOTAPART OF 33133 PLATT 82A �I gl IN IIA I , I L8 hl I N891079'W i`�I til N d 31 10A 67! N002027T 6500' �I 1 NOO79:F77 6500' L7 NW7027T WOO' gl p. I NB910'29M'QIJ' -- S69:F476'W 8500' 521971;T6'W 50.00' i1 I I 9A I 1 BAA L6 52T97t76 1V 6500' , I NO079717 50.00' N&91029'W JIG' L5 SB9:N%'W.5Q00' I I SWiM'J6'W 75 74' i — 1, RA 65A LI I LJ 12 ( LJ j I N07 A PART OF THIS PLA i 1A RBOOK 5897A0:SA 12.01' IHARI/PLAT 2B, PAGES 8 15E 1 I /'�- 3P.1� K I Mnai�n 6A it 7A PT qv- PC I PCC PT-. E� j _I - J _ "`p �P_ ����f -moi__t-L rte, _ �7524710?L00'(Ri i I r I I I N 00 TJ'W 62.31' I'W 65 Do' 50.00' i a �IM1 8r6 11507' S r V 65010' I WOO' 42.21' 60. 18' I UPLAND PRESERVE +3 TRACT E -1B PLAT 8ocK PAGE DOCKET NO. PREPARED BY: { ! CHARLES H.BLANCHARD. PSNM5T55 MERIDIAN LAND SURVEYORS 69W I DATE OF PREPARArM MAY 1014 :SNE TS HEEI LAYOUT KEY MAPS "myr, h IIUb,' I IM19VIOTOW 1 I J2' 1 a NAIGH-PONT A'- 'W 2100' (R) m HO 5,p ;t US7 JN9. 15' �S 77A -PANT ;1' all CLI9e Table OIIM LENGTH RADIUS DELTA O. BEARING CK LENGTH CI 59.69' 25W 9059'7.3* MOVSIAT 3565' C7 11.61! 19AW 07521• N9R23*WE 11.6R' 0 TRW' 7011 co, 171'..' W16391E C06 D1 ,tRN' 25W 8915'06' S/15TD3"I 3512 GS M96' HOT W 714'51' 4Wl2,'Irw w95' L6 1056!' l979.W 25710' 58971'191* 2056.1 Ct BS 66' .WAW 114'01' N33`515rW Rim, all ti COD N U "ID HARMONY RESERVE P.D. - PHASE IB BEING A REPLAT OF A PORTION OF TRACT R, HARMONY RESERVE P.D. - PHASE 1A. AS FILED IN PLAT BOOK 28, PAGE 6, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA, LYING IN TRACTS 1, 2.7 8 A PORTION OF TRACT 8, SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST Lamm R-AYI.m ra ' PC I ' IN KARIVhY "W 2sRJ7' IX LJT S1177J2111' 2LO2' AT117t'll'W PC S49 REO -la EASO R RIR AlU PT W+''L•14m; g` A5roIJB' IL47 AwmmPRC 7�, &0",\ 7.5'UIQ/YY L49 - NOOD2'JI'W 4000' IX EAWX,W2Jm7FI FA�dL47 IX 1L46Abmm I AOA C40' x 3a Imuff I GISEMET FDR LET Si1iRRl TRACT R (FUTURE DEVELOPEMENT) v N895Y29T MOO' HARMONY RESERVE P.D. -2 $I N89I029'JB2 PHASE to Ng101y-W 121.02' PLAT BOON 28 PACES 6-1 v I I II., m (FUTURE DEVELOPEMENT) I 1 Iad 'K, 4 HARMONY RESERVE P.D. - PHASE to L4s661.Ob J1.40'U 589 JI J6 10587 1 RC 1 r i [d61 48A RC R 9JRm R Vi N89/O'79'W 611' 46A /h9AR PRC I N89I079'W 11400' .S002324T E 11' r N8974:36T 600' MATCHLINE A -A, SEE PAGE ] PC i C14 46%' 4 36.26' IXAAB.M1IN v=no*v 4750' h I� 1 LPT i 5.27' �w I I C17 26.97' h Try 26.97' CIl 3201' PT 3201' C42 213.39-1397900' MDo:VW W 4700• _ _ N89:71;76T 11.00' PT -)PCC g CN. 8EAR1N6•N880812E PT LFNCYN-•76076 _CN.' -_-- �''_—___ — _____-I d•lIlIR' � ^ CX. BEAR/N6•NBCJII9'I I 21.00 1.00 I NA77SJ'," 784' c CH. LLN67Nm179.7) I %B JZ OI C60 0 3 JJ00' J2.O2 9711' (FUTURE DEVELOPEMEN7)' 126.16' 1000.00' 7342- N3'3S45'E126.OY ' HARMONY RESERVE P.D. - PHASE 1A PLAT BOOK 28 PAGES 6-12 Wih b 23A 24A 25A 47.17' 20M OV 1-21'05- 58916'22-W a7.17' PLAT B 28, PAGES 6-12 Line T&Ie LINE LENGTH BEARNG L45 3.85' NO-25'2e'R L46 22.50' S012'31'E L47 MCC N895729'E L48 1000' S=2'31'E L19 30.88' N895Y29'[ L56 16.27 NO -25'24.11 CLUBHOUSES L -mm RECREATIONAL CURVE LENGTH RADIUS DELTA CH. BEARMG CH. LENGTH AREA .S002324T E 11' W N8974:36T 600' C13 I-0 PC i C14 46%' 25.00' 9257'37' N4455'22W 36.26' IXAAB.M1IN v=no*v 4750' 200000' 171'39' 58916'3TW LPT i 5.27' �w 527' C17 26.97' 1021.CY 1'30'49- S6'29'10'W 26.97' CIl 3201' PT 3201' C42 213.39-1397900' MDo:VW W 4700• _ _ h 2 SP/fPRG L•ISOdO C/i170DLANE R•t000d0 _ __ PT -)PCC g CN. 8EAR1N6•N880812E PT LFNCYN-•76076 _CN.' -_-- �''_—___ — _____-I d•lIlIR' � ^ CX. BEAR/N6•NBCJII9'I 397900'0-27'39- X8852'23 -E NJ'OYIY CN. SCAR/N0-NBB'S9'IS'C CN. LINS7N42409 784' c CH. LLN67Nm179.7) h 9, C60 < PLAT B 28, PAGES 6-12 Line T&Ie LINE LENGTH BEARNG L45 3.85' NO-25'2e'R L46 22.50' S012'31'E L47 MCC N895729'E L48 1000' S=2'31'E L19 30.88' N895Y29'[ L56 16.27 NO -25'24.11 CLUBHOUSES Curve Table RECREATIONAL CURVE LENGTH RADIUS DELTA CH. BEARMG CH. LENGTH AREA .S002324T E 11' TRACT X N8974:36T 600' C13 S452s24T 26.87 25.00' 88'3418' S45'40'20'W .AT 1LINE C -C, SEE PAGE 5 C14 PLAT B 28, PAGES 6-12 Line T&Ie LINE LENGTH BEARNG L45 3.85' NO-25'2e'R L46 22.50' S012'31'E L47 MCC N895729'E L48 1000' S=2'31'E L19 30.88' N895Y29'[ L56 16.27 NO -25'24.11 1 1 11 II II II II lz MATCHLINE �D. SE PAGE 1 PREPAREDBY CHARLES H. SLANCHARD. PS MI57S5 MERIDIAN LAND SURVEYORS 6905 DATE OF PREPARATION. MAY 7018 ABBREVIATIONS: CA -CENTRAL ANGLE OF CURW R. - RADIUS OF CIMYE L - LENGTH OF CIR%E C1. - CHORD OF CURIE. ORECTION AND LENGTH R/W - RIGHT -OF WAY OL - CENTERLINE SEC - SECTION P.B. - PAT DOOR GA - OVERALL PIM - PERMANENT REFER CE MOMIMEM PCP - PERMANENT CONTROL POINT P.R.I.R.C.F. - PUBLIC RECORDS OF MOAN RIVER COUNTY FLORIDA I.R.F.C.SIR - MOAN RAER FARMS WATER CONTROL DISIRICT (R) - RADIAL (NR) - NOT RADIAL M - MEASURED (P) - PLATTED MONUMENT LEGEND MONUMENTS ARE WHAT ARE DESCRIBED BELOW UNLESS OTHERWISE NOTED IBSET PERMANENT REFERENCE MONIMENT (PRY) OFOIND PERMANENT REFERENCE MONUMENT (PRM) PERMANENT CONTROL POINT (PO') •PARCEL CORNERMARKER WFOUND: PARCEL CORNER MARISA (SEE SURYEYOWS NOTES FOR FULL DESCRIPTION OF SET PRMS AND CORNER VARNEAS) EASEMENT LEGEND: 0E. - DRAINAGE EASEMENT LLE - UB UTY EASEMENT CURVE LABEL LEGEND: PC - PONT OF CURVATURE PT - PONT OF TANCOXY PCC - PONT OF COMPOUND CURVATURE PRC - PONT OF RECIRVATURE Curve Table CURVE LENGTH RADIUS DELTA CH. BEARMG CH. LENGTH C8 39.69' 2500' 90'58'23- N45VS48'E 35.65' C13 38.65' 25.00' 88'3418' S45'40'20'W 34.91' C14 46%' 25.00' 9257'37' N4455'22W 36.26' C15 4750' 200000' 171'39' 58916'3TW 47.50' C16 5.27' 97900' 01X31' N7TR'19-E 527' C17 26.97' 1021.CY 1'30'49- S6'29'10'W 26.97' CIl 3201' 397900' 1727'39' N875705'E 3201' C42 213.39-1397900' 1 3V422- N87 -40.49-E 21336' C43 32.01' 397900' 1 027-39- N8874.44 -E 3207' C44 32.00' 397900'0-27'39- X8852'23 -E 32.00' C45 784' 397900' OV6'47' N89V9'36'E 764' C60 9715' 97900' 5'41'08' N4'24'001E 9711' C61 126.16' 1000.00' 7342- N3'3S45'E126.OY C62 10436' 1021GV 551'23- NI18'S3'E 104.32' C65 47.17' 20M OV 1-21'05- 58916'22-W a7.17' 1 1 11 II II II II lz MATCHLINE �D. SE PAGE 1 PREPAREDBY CHARLES H. SLANCHARD. PS MI57S5 MERIDIAN LAND SURVEYORS 6905 DATE OF PREPARATION. MAY 7018 ABBREVIATIONS: CA -CENTRAL ANGLE OF CURW R. - RADIUS OF CIMYE L - LENGTH OF CIR%E C1. - CHORD OF CURIE. ORECTION AND LENGTH R/W - RIGHT -OF WAY OL - CENTERLINE SEC - SECTION P.B. - PAT DOOR GA - OVERALL PIM - PERMANENT REFER CE MOMIMEM PCP - PERMANENT CONTROL POINT P.R.I.R.C.F. - PUBLIC RECORDS OF MOAN RIVER COUNTY FLORIDA I.R.F.C.SIR - MOAN RAER FARMS WATER CONTROL DISIRICT (R) - RADIAL (NR) - NOT RADIAL M - MEASURED (P) - PLATTED MONUMENT LEGEND MONUMENTS ARE WHAT ARE DESCRIBED BELOW UNLESS OTHERWISE NOTED IBSET PERMANENT REFERENCE MONIMENT (PRY) OFOIND PERMANENT REFERENCE MONUMENT (PRM) PERMANENT CONTROL POINT (PO') •PARCEL CORNERMARKER WFOUND: PARCEL CORNER MARISA (SEE SURYEYOWS NOTES FOR FULL DESCRIPTION OF SET PRMS AND CORNER VARNEAS) EASEMENT LEGEND: 0E. - DRAINAGE EASEMENT LLE - UB UTY EASEMENT CURVE LABEL LEGEND: PC - PONT OF CURVATURE PT - PONT OF TANCOXY PCC - PONT OF COMPOUND CURVATURE PRC - PONT OF RECIRVATURE Amended recommendation for Item 8V (Harmony Reserve Phase RECOMMENDATION: Staff recommends that the Board of County Commissioners: 1B Final P Date Item # By Der�u v CI rk 1. Grant approval of the revised Harmony Reserve PD Phase 1B final plat. 2. Approve the County Deed for the northern section of 59th Avenue, subject to changes indicated by the County Surveyor (note: on July 5, 2016 the Board approved the County Deed for the southern section of 59th Avenue). 3. Accept the easement from Harmony Reserve LLC for utilities located outside the boundary of Phase 1B, subject to a legal description reviewed and approved by the County Surveyor. 4. Accept the Bill of Sale, subject to a legal description reviewed and approved by the County Surveyor. 259-1 F:\Community Development\CurDev\Final Plats\BCC staff reports\2016FPrpts\HarmonyReservePDPhaselB - Amended recommendation.rtf j Indian River County Interoffice Memorandum • Office of Management & Budget • • To: Members of the Board of County Commissioners From: Michael Smykowski M J Director, Office of Management & Budget Date: July 11, 2016 Subject: Miscellaneous Budget Amendment 023 Description and Conditions Consent Agenda EMERGENCY_ ADDITION"' July_ 12, 2016' Consent.8W. The attached budget amendment appropriates funding necessary for the following: 1. Fire Rescue is in need of replacement boat motors. The attached entry appropriates funding in the amount of $50,000 for this expenditure to be provided from Emergency Services District/Reserve for Contingency. Staff Recommendation Staff recommends that the Board of Commissioners approve the attached budget resolution amending the fiscal year 2015/2016 budget. Attachments Budget Amendment 023 and Resolution APPROVE ENDAIT BY: CounIk Administrator FOR: July 12, 2016 Indian River County Apprp4d . Date Administrator Legal -7111114 -7, Budget %� f Department Risk Management A 259"' HARMONY RESERVE P.D. - PHASE IB CERTIFICATE OF DEDICATION BEING A REPLAT OFA PORTION OF TRACT R, HARMONY RESERVE P.D. - PHASE 10. AS FILED IN PLAT BOOK 28. STATE OF FLO SDA PAGES 842, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA LYING IN PORTIONS OF TRACTS 1, 2, colArrr oFRFDUN arvER 7 d 8, SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST. KNOW ALL MEN "THESE PRESENTS. THAT NAI000N1 RESERVE. LLC. A FLORIDA LMITEDUABILITY COMPANY. MOHACOII9 NIMMAG NA4AID BRANS DISC STAMPED P(Al l88IDS ARDOR ST WCU RODS WTN CAPS mAMPEDP1A/lA w9l. FEE MMR£ OWNER OF THE LAND DESCRaFDAND PUTTED HEREIN. " HARMONY RESERVE PD.-PIMEE 10. APPROVEDANO TIE UTUn EASEMENIIS JUD IJPUND PFESERVATON TRACT ARE BERq IN INDIAN RIVER COUNTY. FLORIDA. HAS CAUSED SAID UHD6 TO RE SURVEYED AND BATTED 109&CNN HEREON AND DOES HEREBY DEDICATE AS FOLLOWS: F y2$$� RE TRACTR'a TRACT 0. 11STigl9 AND RONf9-0FiWT ALLlTREETSMOROHTS-0FJWAY SHOYVNONTNSMTAREPJ"UT 1 EASENEMSAfDA{FREIE" _a 1 ` 611, $$$j NAF4d1Y p RESVZw PD. DECLARED TO WJ. BE PRNAND ATE. THEY ARE DEDICATED FOR THE USE OF THE Q ' . '' PHASE IA OYMERS AAO pF90ENfSOF T1a StBDIVIBON. ANDSfNU. BETE PEiiPETUV. MAIJTENANCEOIRIdATON OF IH:NARMONYRESERVEPLOPERTYOWTERSASSOMTON,NGALLPUBLICAUTOMES,RJMWM &IT 8i $ .pf-J'/ ,PUT BOOK 2q IAM PACES 6-12 NOTUMITEDTO POLICE.RRE.AMBUAANM. MOSOUTOCOMROL DISTRICT AND UIXITY PROVIDERS SMML - PRI. F. HAVE TAE PoOHT ro USE THESE BIREET8 M THE COURSE OF PERWPoANJO THEIR RESPECTIVE pefT1E3.1TE ^ �,� 00RD COUMCM"SSIOHEMOPOCKURNEROMM.FLOPoM.ONLLINVENORESPONSIBIITY. '70.ACT 7�'/ MTM OUIY ORUAOUTY WINTSOEVER REGARDING SUCH STREETS. 2) UTILITY EAeEMEM5f9 SNIENARY 5 A 0 'r 4• BROOK TEUTUWEASEMENTSASSHCV MONTHSMTAREDEDICATEOMPERPEM YOBUANMVER coIINJTY PUT BOOK 15 PAGE 1J '/• �C% UT 0004 9 " FOR THE CONSTRUCTION. RNSTALLAIIOKMUMENANCE ANOOP TIONOF UDUREB" ANY UTOTTY ' PAGE 17 NNHE ' PROVIDER RICL.UD04O CABLE TE1FIIalONF SERVICES. INCOMPLIANCE WITH SUCHORDMWCES AID _:, REOUIATIOH "—YWADOPTMFOMTM MV EVI BOAFOMOOLMYCOM69SSIOHERSOF UDNN''�-;RIVERCdif1Y.FLoitlM.FRONT UTILITY EASEMENTS ARE SUSUFCT ro TH: PoOHT OF EACH UD TO HAVE M�kj' YARD A DRIVEWAY' FOR RDRM AND EDRE6 B AS APPROVED m THE COUNTY. ,PHASE IA L' A IMAGE MSEMEM p TDRAINAGE EASEMENTS AS SHDYMON THIS PLATARE DEDICATED N PEHPETLETY TO HARMONY RESERVE HE DEPUTY COUNTY ATTOFOEY PTOPERTYONNERSASSO MKINC,F'ORCONSTRUCTONANDMAMIp NMOFORABAGEFACKM". LOCATION MAP ASHNSE THE PERPETUAL MVMEFANCE OBIDAION OF HARMONY RESERVE PROPERTY OWNERS' NDLL ASSOCATKN,SVG IDIAN RIVER COUNTY aGRANTEDTHE RIGHTTO USE ANDORARN IMO THE DRAINAGE HOT M SCALE EASEMENrsAwALSOGRANTEDTERNpR,IwrNOTTHEODNCATIOK TO PERFORM EMERGENCY ACKNOWLEDGMENT TO ACCEPTANCE OF DEDICATIONS LEGAL DESCRIPTION MARTENUNCE ON THE DRAINAGE EASEMENTS. n SIORMWATER MANAGEMENT TRACTS A MAINMNM/CE BASEMENTS TRACT Rt. TRACTLLI. AND THE WINiERANCE EASEMENTS AS SHOWN ON THIS PUT ARE DEDIC MDIN PERPETETI TO HARMONY RESERVE PROPERTY OWNERS' ASSOCRATIOK INC. FOR CONSTRUCTION Aro MAINTENANCE OF STORMVYATER MANAGEMENT FACILITIES AND SHAM BE THE PERPETUAL MAINTENANCE OBUOMTON OF HARMONY RESERVE PROPERTY OWNERS ASSOCIATION, INC. INDIAN RIVER COUNTY a GRANTED THE RIGHT TO USE ANDDPAN INTO SND TRACTS ANDALSOGRAMED THE RIGHT. BUT NOTTHE ONJCARI TION, TOPEORM EMERGENCY MAINTENANCE ON THE TRACTS. THE Rd" RIVER COUNTY MOSQUITO CONTROL DISTICf HAS THE NIGHT OF ENTRY UPON THE TINCTS FOR THE UMTED PURPOSE OF INSPECTION PREVENTION. OR TREATMENT OF MOSQUITO CONTOLPPESTATIONS. AS AUX YEO"UW. S) UPLAND PiESER VAT10N TACT TRACT EIB AS SHOWN ON THIS PLAT DEDICATED IN PEMETUDY TO THE BOARD OF COUNTY COM ISSONE" OF INDIAN RIVER COUNTY. FLORIDA FOR THE PURPOSES OF PRESERVATION OF NATIVE VEGETATION MO WILDLIFE N ACCORDANCE WITH f7(MA6 ADRIM STATUTES SAID TRACT SHALL BE THE PERPETUAL MAINTENANCE OBLIGATION OF HARMONY RESERVE PROPERTY OWNERS ASS MMII.INC BRACT X"SES NONTHIS PLAT RA CT TRACTKASMOWNOR THIS EAra DEOIGTOSIN SAID TR CTSHALBE H RESERVE PROPERTY OWNERS ASUCATI NORNC FORRECREARVE PR PRTYOWSNDT ASSOCIATION, ETIE PERPETiNIIMINiENMILE 7) LANDTION OF HARMONY RESERVE PfOPEATYOWERS A550DIATKXI INC TRAND9G1P ALTA , TMERU3.7PAERw.WNER AND TRACTS OCASlHDYYHJ ON TNS PLATARLANDSCAPE DFDUGTED NNDSCAMTr U HARMOPOSES.MY RESERVEPROPERTYB OARERSAssa MAINTENANCE 0813571EBLFtMA FOR RESERVE W SAO TRACE SHALL RETIE PENPERUAL MUR/TENANNCE OBUGATIONOF NMRMONI' RESERVE PROFEATYOYrtER5 ASSOCIATION, RNC, N WITNESS WHEREOF. TNEAWA NIAMEO UNTIED MBUTY COMd'ANY HAS CAUSEDTHESE PRESENTS ro M SIGNEDmTfS MVAGERTH6_DATOF 1014 HWRMO MSERVELLCAKORIMUM LtO BRUIT'COMPANY WITESS' FRww NAME PINTEONAME' J. PATRICK RILL MNMMGER ACKNOWLEDGMENT AS TO CERTIFICATE OF DEDICATION 9TATEOF ROHM COUNTY EG ROAN RIVER TAEICK HLLAS INSTRUMENT WAR OMIT' RAEWFD.C.A MONICAETHS DAY OF .MIB"J. PATRICK RILL AS MUGGER O INRIAONY RESERVE. LLC.A RLIMITED UANUtt CORPORATION. EYECUTEO9AME CN BEHLAIP OFND MITI THE AUTORITY OF SAID ENTtt KNOWN ANO VNHD a PERSONMLY HPFOVYtI TOME OR HAS PRODUCED _ _ AS IDENTIFICATION NOTA" PLOUC COMMSSKNF: PRINTED NAME MY COMM ISSON EKPRES SEAL: ACCEPTANCE OF DEDICATIONS ANRMONY RESEINE. DRAINAGE EASEMENTS, MAINTENANCE HERESYACCEPTSTHEDER MANAGEMENT STREETS AND TS. AND CT CONTAINED ON PLATSTOR AYATER THE TRACTS.ANDLYFORSA SAME, THE PRESEOON TIS PAT AID ACCEFIS TAE MARlTEHANCE RESPON91NlTY FOR! SAME, IN0.UDINO THE URIJID PRESERVATION TRACT. HARMONY RESERVE PROPERTY OANM ASSOCLAT10N.INC WITNESS' PRINTED NAME' " NTNE33 CANRlES 0. MECHKING. PESOEM PRINTED NAME STATE OF FLORIDA COUNTY OF RNDA N RHEA THE FOREGOING WAS ACKNgM,EDGED BEFORE ME THa Mr OF . MIS "CHARLES R. MECHUNG, THE PRESIDENT OF NONPROFRESERVEPROPERTYOYNERS'E0 ONBEHALF OF..A KORIM NONPROFIT OORFpN1TON, WHOMETTHET FERSOkAU-YKHARDWRHTHE AUTHOR TY OFSAIO ENTRY AND I ERHER PERSOIALLY KHOMm TOME OR IAS FROOUCEO AS IDENTIFICATION. NOTARY FUBUC' COMM-- f. PRINTED NAME MY COMVISSON EKPRES: _ 3i1 SEE SNEE72OF4 VICINITY MAP NOT I SME SURVEYORS NOTES 1I TE PMRCELOFLAND 9NIOMI NEREDNa LOGIEDNZdl x.109 N+E1t 8000 IIaUIRP4LE RALE HMP" 1MS100ZlTI M SMBiCO2XH MTm DECEMBERIMIi. T THE HORIZONTK OOORORNlE4 ANDBEIAROS SIIOMF HEREON APE BA4EDON TE STALEPLANEO.IdD TE"STEMKORDAEASTZOMPep.NCDO(HNCS ADNSTMEI(fCF a90) ANDAAE wEDON INDIAN W VERCOINn IOR¢ONTK COMR0. NEINVRKMOMAEM3GPS IIIA AID OP! tM. 0) TIESTOGOVERM¢MCOPoETa AW1NONNNIVERCQMIYHDRQOMALCOMRQ NETWORKMaNAMENTs NAIOIM rorocc THRpgROER q/SS I sTYHDARos. O THE BEHCT4lMRKl SHIOVM HEREONARE BASEDON RDIAN RIVER OORANtt CONTROL MIXAMEMGP9119R MD ARE REUITNE roINENORRMAMEWC/N VERTOAL DATUM Q 1914 PREPARED BY.CNARLE8 H. BUNCNARD. PSMFSTSS MERIDIAN LNIO SURVEYORS 5905 OATS OP PREPARATION: NNUARY20t8 NOTICE: NOa0N9TKDTION,IPEE9 aR SHLLB4 VALLBE rulGEow E45BAEtFi"WITIOUT PRIVET OISlAAN.E OFCERi—OF000UFA4L.Y, THEBLIDDVLOTOWMERSNLL IEFRONTAGE .10F8OHIPROVDDq TE sDEYRHJE RE0INIREDALONG THE LoraMrtADrs OEFOIEO ON THE APM W ED 1+RroECT PRETA9NYtY PIAT AID IIItD DEVEI.OPNENTPERMT, ROUTINE HMMTENANCE XE. MOMNO E -)OF EASEMENTS V18EHE 9W T RESPOIAIBLLIn K THE L011PROPERtt OWNERa) ANONOTINDNN RIYER CQINIY. THS PUT. AS RECORDED W ITS GRAPHGL FORM. IS THE OFFIML DEFIGICN OF THE SIaDMD®1104AU HOR—ED IEfETHERGI LLN O R�1GTA4FORM T SATIANIEDw AVTgPoIY mAm OMET GRMHC OR QaiM FO1b1 CF THE PUT. HERE MAY BE AITOTIONAL gESTBCiION4 TNTARE NOTRECORDFD p1 TAaS FLATTAT WLY BE PoINDM TME PUNIC RECORDS OP INS COUNrv: PRaPERIY 011TFCR4 ARE PROHBII£D FRgA PINNTUFG ANFY CARIBBEANNfRUf FLYAND A5111N G1RIA4 PSYLUD B7TRM. GREENNOR HOST RAM! 0.19PEfYnEO HEREIN AID AAE LO"T.Dro REMOVETESAME IF ANI'F.DlT:GTTLJY YRAtV-C LORA—CVA LOOUIWT, HONE APPLE. SISINAM QEAm.CNNESE BOY ORMIS7E,AND RANGE ASHRNE. NOBU6pNO PN—AND BEI L THEUORMIYPROEC ONALOTMATNNTH! SUBCMNM URF!! ANDHMII TE LOTOWTER.OR THE OA1E- OEM EE.ORTMa AN INTMLO011LTIRIEIILY CERTNCATE FDR THE IwJEcroa PaRMHaNOF THE PROdCT Baa MAAROIABIAI2NO OEM1Ta SOUGHT. THE IOROMERS AND n09R ADEQUATE APACT WI , E=t ATT RARER COUNTY OOE9 ER FORT EOW E RM AO310NEE GFACTY 0APEYaTAT NCTMETHELOTOAMER,CR1HEOVVNER! OETGNFECHOOSE! roAPRY FOR AND OBTAw3(TG1 ACOARIAiREHLY CERf1RCATE. CERTIFICATE OF APPROVAL BY THE BOARD OF COUNTY COVEHANi5.PE8TRICIHON9 oR aESE"aTlans aNPECHINENTHE oYYREaaSvaa 1aEOF COMMISSIONERS APpAMNEMRMONAMENi9 PROPOSEDro8E3ETAREA-Kl CONCRETE THE PIROPERtt SAIDINMMTH9FLATAREFII]J INOATCIAL R£COID BOOK 3@B, PAGE 1/ISaroCERR1IFY. THATON THE FOREGOING PUTWAS MOHACOII9 NIMMAG NA4AID BRANS DISC STAMPED P(Al l88IDS ARDOR ST WCU RODS WTN CAPS mAMPEDP1A/lA w9l. 1052. aF TE PNNIC gE00R0"aFwDIARRIVEA aau4n. Kggl[YL APPROVEDANO TIE UTUn EASEMENIIS JUD IJPUND PFESERVATON TRACT ARE ACCEPTED"THE BDVDOFCOINTY WM189SI0NER30FITDNN RIVER COtAffY. RLorNMEN MCRIFM As 8HgM1 AAE PROPOSEDro�sErNO0MO0MNCE MFM KOIDA. GRAPIER m.ml(pj, KowM sranrtE9,AS PMENOED.GDRNER MARIQRs sErm SURVEYOR'S CERTIFICATE AMEAAlW 1NYD9UNEYOR9 AAE IC BLOW ROD MINORANGE CAP STAMPFDN6BLr KNOWALL MEN BY THESEPRE9EHTS. THAT THE UNDERSIGNED. INDNOA BIBSOWI PROFESSIOIML SURVEYOR AND MAPPER LKENSED"THE STATE OF FLORIDA. DOES awRMMN OF THE BOARD HEREW �s ARREST: JEFFLEY R SARK a1FNKQF COURT ANDCOMPIFOLLER CERTIFICATE OF TITLE LAAs BTMJi RAr:THNiirEurY� TIEWRECESCR ANDSHHONtVONMSMTARE NTHENMEOF,AID ERVE, LLC.A KORNDCOURED DIRECTOR ANO SUPENVISIONANOTHATTE PIAT OOMeUES WITNALL TIE SIJFNEr WQLVEMEN WPAMI.CNV.PfERin.FLDRIMETATUTESASNAENDEO:TNT DE DEFTIVVE ERIK WNLON COMPANY. TAKES HAVE B ENPAIDON SAE ROPERn 106 REOUREDm UASIUT COMPAN.TTEaHELD" BEEN yUD Pura AOOWREGT REPREBEMATION Of TE U113S THEREIN OE30PoBFD AND APPROVEDAS roFORMAND 1ff.Al SIPPIdENCY SECTIONSAMEDON 197.192 PLORILN BTATINIE8, 105 AMENDED. THERE AHE MORTGAGES, DEN". PUTTED OR SUBDIVIDED. THAT PERMANENT REFERENCE MONUMENTS. PERMAIENT DEPUTY COUNTY ATTOFOEY OR OTHER ENCUMBRANCES dF AMT AGAINST THE LANDS LISTED BELOW: �RQPOw19MOLOTNIIERTVYI MMTA35HAMMTEREONIID W DIRECTION AND SU RVRWON WWTHN ONE YEAR OF RECORDATION OF THS PWAT AND NONTMGEMFAVOR6NATONLLBANK OF COMMERCE. AS RECORDED IN OR BOOK FAORONTIOALSA OFCOM9RECOAS RECORDED IN RUT, AN AFFIDAVIT RECORDED WHEN SET AS REQUIRED"CHAPT IIT. KORIpA STATUTES. AS AMENDED AND CHAPTER 8139UBdVaKNJ9 AND PLATTING. OF THE CERTIFICATE OF APPROVAL BY COUNTY ADMINISTRATOR MRTAGE`N AS REORDER N "aOOH"". -NOTICE OFEOF INDIAN PoVERCOINTV CODE' AND TINTS LAND a LOCAMOINICMN RIVER EKAMNEOANO APPROVED PAGE SSS, AN NOTICEOFOMSENCENNHVER RECORDED PAGE CFT ANDCIDM6ENCEMEM.AR CORDDIN OR. COUNTY.FLORIDA. TIES TO GOVERNMENT OORNERS AND TO INDIAN RIVER COUNTY LnIETLMORIE MDNJMeNrs coraoaM ro FC.CCMFDOROER TA DARDS. CUSS 1 STANDARDS. CLASS DATE " - CATE JASON E. BRCnN COUNTY ADMINISTRATOR CHRISTOPHER K MARNE. ESM FlOOCA BCR NOAS?6221 OOIADCOOIL9EY FENEII-PA - DATE B MCERn1TUTE NO.SrJs CLERK'S CERTIFICATION COUNTY SURVEYOR'S CERTIFICATE MERIDIANS �EYORS SATE OF KORICA THIS PUT OF HARMONY RESERVE PD.- PHASE INNS SEEN RENEWED"THE 1717 INDIAN RIVER BOULEVARD SURE M. VERO BEACH. FLORIN 31il81 OOUYTYGINOIAN RIVER UNCE" ONED PROFESSIONAL SURVEYOR AND NAPPER EMPLOYED"BROOF STATE OF KOCERTFlNO MOF,,, CATE OF AIJiHORDATON .LB ,05 I.JEFFREY R. WffH,CLERKOFCIRCUff 0 RTMOCOMPTROLLE.-I.D" RIVER CMNTY. FLORIDA DO HERE" CERTFY THAT I HAVE EXAMINED TNIS COUNTY COAIMSSIONERS OF INDIAN RIVER COUNTY FOR CONFORMITY TO THE REOUREMEMS OF CHAPTER 177. FL RIM STATUMS."AMENDED. PUT OF HARMONY RESERVE FD. -PHASE 18. AND TUT R LOMFUE9 VAIN I1LL THE REQUIREMENTS OF CHAPTER 177, FLORIDA STATUTES. AS AMENDED. THa BY DATE PUT FRED FOR RECORDTHIS DAYOF 2018ANO MVIOW. 9CHRYVERPSM KORIDAGERIIPCAM NO. -H RECOROFTH PACE OFFUTROON IN THE OFFIOE OF THE CLERK OF CIRCUIT COURT OF INDIAN RIVER COUNTY. FLORIDA INNCNNPoVER COUMY6UN"ORMD NAPPER BY MFU"CLERK OF CRRCUTT COIR T INDIAN RIVER COUNTY. FLORIDA \ �SEAL� �SEAL� \SEAL/ �EAL/ CLERK TO THE COUNTY SURVEYOR CHARLES H, CLERK OF THE BOARD OF COUNT' AND MAPPER BLANCHARD. P.S.M. CIRCUIT COURT CONMISSIO NERS RESOLUTION NO. 2016- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2015-2016 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the - adopted Fiscal Year 2015-2016 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2015-2016 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2015-2016 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner . , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Peter D. O'Bryan Commissioner Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of )2016. Attest: Jeffrey R. Smith Clerk of Court and Comptroller IA Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners go Bob Solari, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY IL -"COUNTY ATTORNEY A Z59'q DR w g � o H � d g 3 Os ya A I lit a a� �a b� H"ar �� �a W> IA o $a� LL 3 F i g fi 3 911 H 11H 4 x ``e Ha l a�$� b a Lu U M kti a�� �� slit F w�� q jt lie N 1�aa�ya� Z HIM-I- ��'- s ® a``a Aja~! Ia �s a a e LL "°a�> -g"" ~i « Hal! "< � e M INSf 1 sljj`' p a�, alaxi 5x a a-� a Ng Bum x b1g, 1011il 110 1111,13,1111mg PHI Imix o� a�g I rg �" a 1 g$RIM x.a11,11,11,11H aa Ili � 2.59 E • Exhibit "A" Resolution No. 2016- jj" Budget Office Approval: Budget Amendment: 023 Michael Smykowski, Budget Director —En—try Fund/ Department/Account Name Account Number Increase Decrease Number 1. Expense Emergency Services District/Fire Rescue/Other Machinery 11412022-066490 $50,000 $0 & Equipment Emergency Services District/Fire Rescue/Reserve for 11412022-099910 $0 $50,000 I Contingency WA IVR HARMONY RESERVE P.D. - PHASE IB BEING A REPLAT OF A PORTION OF TRACT R. HARMONY RESERVE P.D. - PHASE IA, AS FILED IN PLAT BOOK 28, PAGES 6-12, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA LYING IN PORTIONS OF TRACTS 1, 2.7 8 6. SECTION 32, TOVINSHIP 32 SOUTH, RANGE 39 EAST. A-5 CANAL VACANT LAND PARCEL # 32393200001003000001.0 SANCTUARY PLAT BOOK 15. PAGE 23 FIEYAF11 WA LER 37TH STREET -RIGHT OF WAY VARIES 10 30' INDIAN RIVER FARMS WATER CONTROL DISTRICT LATERAL AS CANAL RIGHT OF WAY y (CANAL SOUTH OF SECTION LINE)/ N8951Y87<' 8007' ` m rD <X<" LOVG N0W/NENr mmg �Ri 50071'J6w Jam' GRAPHIC SCALE fY7N 48ju905 ¢r 4-w LONG m U Ewr Ib' H5951YB£ �5f9 J/• _ __ _ �_ _ _ PRN IBA5905 8952YBT =07'SJ95159w J9,)Y AO 4J(4' COW. A10MAVENr N89s2 a IJ246s OF CONCRETE MONUMENT GPS —UMA'24`J2j9Yy N AWW7e 87472 4457747 56.40' ABBREVIATIONS CIL - CENTRAL ANGLE DIF NRVE mN ��905--------- PANI IBAES90s _ rO <X<' COVG uOV(d/ENr I R. - RADIUS OF CURVE 3 NOT PAW LBA6905 I AR APRY RESER I I 5>rr 4X4' COVG mawA yr PA7✓ 18/5905 L - LIMIN OF LURK M - 010RD OF CURVE DIRECTION AND EEN0111 INCLUDEC �• OEM BOFW 4Q PALE 414 R/ - RAY cDffuuw FO 4X4" CWC m0vUUENr AM IB/6905 VtElEASED 1 QR. BOQ1. 284J, PALL" 1999 J? t I SEC - SEC110N PA - PUT 5001! rD 4X4- LOVG NOVUNENr 1 r.-2= OA - OVERALL y PRN IBA905I\ 25'Rlplr CF WAY PRM - PERYANETIT RETEIONCE MOMU@R 3 E FO 4'X4-CWG mowAfNr PRN CB/5905 I AIBP£p/r AOPES PCP - PERMANENT OONWOL PONT P MKC PUBLICRECORDSOF 9I0IAA EVER oA 5CO7276-W /6252 samnIw 51500' 1 I I LRF.OMD. - MM RNVER FARMS MATER DISIRCT NWUNENr (R) - R REMAINDER OF TRACT R !X.8/8905. N89S7317" 3F}w - I (MR) - NO RADIAL (FUTURE DEVELOPMENT) I IMISuI� HARMONY RESERVE P.D. - PHASE 1A / // REMAINDER OF TRACT R 1 (FUTURE DEVELOPMENT) I 1 40 Rwr CF' WA Y OETACA Irov (P)- RATTED PLAT BOOK 28. PAGES 6-72 i HARMONY RESERVE P.D. - PHASE 1A I O.R. BOOT 28J2 PAX 24Ir MONUMENT LEGEND P.R.I. R.C.F. / / // PLAT BOOK 28, PAGES 6-12 I MONUNEN7S ARE YMAT ARE DESatItRD SEDW UNLESS OTHERS NOTED PROPOSED TRACT / / / P.R I.R.C.F. I I w I LE MONIAM0IT (PNM HARMWATER HARMONY RESERVE P D. i I IS HA IS / /// I I (X h w Q OFOUND PEAMAIRNT REFERENCE MONUMENT (PRY) PERMANENT CONTROL POOT (PCP) / SEr 4 X4" CWC NWUNENr I z I, ® PARCEL CORNEA MARKER D <Xs' LWG YON(AllE]VT i / RPN (8/5905 I w Y (4Z SURVEYORS NOIES FOR FULL 99u 48/5905 / TRACT T ' TRA T 54 DTW 944 1 Q 3 MARKERS) M OF SET PWS ANO 008hR PROPOSED i i TRACT R-1 / i ' 4 HARMONY HARMONY RESERVE P.D. PkOPSSE6 o PHASE 18 HARMONY RESERVE P.D. -PHASE IS Qwo Z( _ NYA RESERVETP 0. .^- x y\ ^ / PHASE PT BOppK 28. PAGES 6-12 P.R.LR.C.F, I i i aa� // �� SHADOW BROOK i �/ PLAT BOOK 9. \\j!\ PAGE 17 P.R.I.R.C.F. 1 (NOT INCLUDED) �z Q 4HA/M NY ES�RVE d.D - PH E lA \ o \PLAT BOOK 28. PAGES 6-12 P.R.I.R.CF, M f N" CaV WIRCC l6 20' NURPNY RESERYARW 5 AB L CANAL 4 JO Ap7/OOVAL RAW &10 60W 4Q PALE 165 PER PPB 940. PACE 9J RELEASED CHERRY LANE (33RD STREET) I OR. 600K 284J. PALE 499 RIGHT OF WAY VARIES (N OF TRACT LINE) 30' CANAL RIGHT OF WAY (S OF TRACT LINE) PREPARED SY;CNARLES H. L3ANCHARD, PSMFS]55 MERIDVIN LAND SURVEYORS 8905 h41E OF PREPARATION; JANUARY AtS 10 ge� f?,mai m� m mmg �Ri I F�ST�� Zk3PNOP 4 GRAPHIC SCALE e i0 W'iv x��. •in _ " xm FOUNO BRASS CMKIN TOP n OF CONCRETE MONUMENT GPS —UMA'24`J2j9Yy N rr 02j6r RECORDED ,206 9D.E3 "OWE. 61582]63 _ FW ND N: 13fM695 BA55 FOVNO E' 6]SR]A955 HARMONY RESERVE P.D. - PHASE IB Pr PC N893779 9. ' BEING A REPLAT OF A PORTION OF TRACT R, HARMONY RESERVE P.O. - PHASE 1q AS FILED IN PLAT BOOK 28, PAGES 6.12, OF THE PUBLIC RECORDS PRC PT n6WrcK w,IVL ILA TCHUN OF INDIAN RIVER COUNTY, FLORIDA LYING IN PORTIONS OF TRACTS 1, 2, 7 88, SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 FAST. tl124'11w 42017' (Rf Pr E1L�BR OW CURVE LABEL LEGEND: I I M8934X'IF 64m• NOO2S24w 101-60" 3 47A t� PC - PONT OF CLRVAIURE N89:7476T 61,00' N8974%2.64.00' gv ' ABBREVIATIONS: POC -- PONT - PONT OF CURVATURE1 AM34:XT 6460' L6974;T6T 64m'CA. - CENTRAL ANGLE y I 1 SL R- - RAM OF CURVEOF OAK PRC - POUT OF REURt1'AME i ( U U6 Ll 1 1 1 L - lENO1N OF OPRf N8974:T6T 6400' LJ M - OIOOD OF amV£ DPECim AND tocim I L% SLtl R/W - RgR-OF-TAY f f < I 1 CL - Coif RIK SEC - SECTIONPAL OA - PLAT BOOK OVERALL ' I z a'P I I Sm793 NN - PERMANENT REEROA'E MdRRBM I I �.I o-'��' 441 W 1 i 1247! 21.60• (RACKAL) POP - PERMANENT cONTR0. PONTBOA dd SmT97� PR3R.CT. -PRIVET! RECORDS LO ROM GRIVER C"M II j 1RJ.WI. - DOIAN REAR FAQ NATIVE 211 1 1 CONOtOl 061P1CT ..'AN t I W * 1 f r SIA (fo) -�MLL GRAPHIC SCALE f Z 2S 1 1 (M) - MFA98NID " I 2- �t 471 g 3 (P) - PUTTED w ! 1� STDRNWATER Na N I MANAGEMENT 401 1 11 1 371 MONUMENT LEGEND TTIAcr U4 S0079 MONUMENTS ARE WHAT ARE DESCWRED BELOW 1 ' I 39A I 1 dj UNLESS OTHERMSE MOTE 1 AWN E' /47.m' I I SET PERMANDO REFERENCE MON MVIT (PAI) i 53A Sm79: ® TFOUNI) PERMANENT R ERENCE MONUMENT MM 81 PFAMANPARCELENT CONCORNERTROL POMAINUNT (PCP) 1 OFOUT0. PARCEL CORNER MARM Nm2374w e9 1 31A 32A 33A 341 351 381 371 381 3 I I I ESEE 91NYEYONS NOTES fIXt ML I I 3 1 3 231 24A 25A 26A 77A 29A 291 301 y 51A P71011 6 SEi PRWS AND CORNER `�� MARKERS) ^I NmJ179T ¢ EASEMENT LEGEND: - � 1R1� I - - 55A roDo 1x6_ __ _ DL - DRAINAGE EASOIEINT 1 PT PRESERN UE - UIR71T EASEMENT T FT - - --' - (47 Pop1l pew YI - - TE -1 PLAT BOOK PAGE OOCKFT NO. IE23r snlz - �•:'-ly-�inti3.'i�ias3£€AiIM� OR T' Saco' '4w 4221' YET 61176' lk IF I; PMEPARE08Y: CHARLES N. BLANCHARD. PSAp5155 MERIDIAN lANO SVR 8 EWES DATE OF PREPARATKDM: XN: —Y2016 1018 PT _ Ama242.00''---�-- Clore Table OAK IENODI I MM I DELTA H Laa2B PCC CK LOGIN S"':74 m" 3969' D00 90!623" N450346T 3565 C2 (MARE DEVELOPEEAEN7) R.RIH.a! 025"21 SB974:76w 65m' 14 U 1&00' ZUZID6 17'39' MIW4 91 HARMONY RESERVE PD. - PRASE lA PEAT BOOK 2Q PACES 6-12 6.1X7! IX BFA91RtAfUYd'I ai L6fC6W171a 5697saTw 6Sm" 221 211 201 191 o:u16A 171 181 589:X:16 Sam 1 1 ' I 5 AA 1 * 35.12 6 74;76 65m' Lid 11 JT 11 '� SM252st-a66• 8 ; 5697476w 7.47" 56971:i6 -W6317' a^ biS Si S 06 20Sfi.T 391960' 21rW SM7'1911 Z0565 Nm7971T 67.91' S&A � 1101" xW3251 W 74:762 SLTm' i SIIN:%'w 2483' y N69:NJ6T 6418" 74 %T 6500' 1zo I 27t 5a 89:74762 SQ.m' i i WT 6%' 589-- 4A 1 L M002077T 65ov i 1 %A 1 1 79"JIT 65m N89:T97JlY .166" 1 I 1 1 S '4029T 1.97' 13A 60A UPLAND 9E m2077T 5a00' :S97Jw LSE' PRESERVE pq� MM iii STORMWATER MANAGWENT i I I STORMMMTER MANAGEMENT Iyt I 1 TRACT E-18 811 Sd TRACT R-1 I I q TRAC TS I I SS y ECREATK)NA. .`I Ary NPRM RESERVE PD.-PN'2 O1 g1 y AT PLAT BOOK 26. PAGES&12 P.R ¢ Nc72077T 11500• TMCTX 81 h Nxcs. (NOTA PMTOFT PUT) 11A I i '� i 82A LB P..)I q� P$' '�1 d91019w 296" Z S! 111 $i I 31 pp2 No02077T 65m' �I Nm79:TJT 65m' T OA : 831 S L7 N007027T Sam' I I h B9www 6. 11' * a s69:X76w 8500• 569:M'36w Jam • I i i �1 9A I I i 1 841 ^ E6 56974:76w65m' 1 sw-N'6'w Sam" 1 A'007971T 50.m' B9lO'79w 310' S 58974:76w 7574'-{— L1 L3 1-1 I (1 I _ NOT A PART OF THIS PU 1 � HARMONY RESERVE P.D. -PHASE IAll I PLAT BOOK 2B. PAGES B-12 I ' S89m'J7w 4201' I 121 I 3A 4P. SA 8A - 7A 681 1 IA PONT CAS BEA'NN1qNqCp I FWNO 3/e' a7pV 17a7�/WA73 PT N 9V029w J8 .32' 3Emn 2S NARK -PONT A" - i y$ PC PC N89' 0OW IW 2Sm' (RJ MOUS7 PC I PCC PT -1-___ __..-.�_5 L� h S (MARE OEVE7-OPENE�T'—.—..__.. HARMONY RESERVE P.D. -toPLAT Et00K 28, PAWS2 �--"—' - '_ - � 460 ASZBw 9 3" � 15 .4.1 �S - f---- -- 5023TI 1 T.I J 1 a - - -- lk IF I; PMEPARE08Y: CHARLES N. BLANCHARD. PSAp5155 MERIDIAN lANO SVR 8 EWES DATE OF PREPARATKDM: XN: —Y2016 1018 of Clore Table OAK IENODI I MM I DELTA CK BEAMNG CK LOGIN 0 3969' D00 90!623" N450346T 3565 C2 14.60' 19NW 025"21 N8873`09i 14 U 1&00' ZUZID6 17'39' MIW4 91 1-800 C4 3&91V MW 0915'06- S'43rVW 35.12 6 4&96 102108 2'"51 S8D211'R 46.95 06 20Sfi.T 391960' 21rW SM7'1911 Z0565 CJ 0516 .17900' 1101" xW3251 W 856E of Na93933w N893933w Na9:vww HARMONY RESERVE P.D. - PHASE IB BEING A REPIAT OF A PORTION OF TRACT R. HARMONY RESERVE P.D. _ PHASE 1A, AS FILED IN PIAT BOOK 28, PAGES 6-12, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LYING IN PORTIONS OF TRACTS 1, 2.7 8 8, SECTION 32, TOA NSHIP 32 SOUTH, RANGE 39 EAST. — _MATCHUNE C -C. SEE PAGE 8 Nam,36,r SQOIT O HOUSTON, SCHULKE SITTLE. B STOODAR0. INC_ D/B/A IV�EF(IDIA I ,Id•-� woo N8:w O f CHARLF9 M. BI/vNCHMO.—SPARED PSMPSISS MERIOVWIANOSURVEYORSa906 737(7 338 - -- 4% 3017,`� ABBREVIATIONS: Nf97787'W Z7,1r'Ne9 S007371Z.IN70' % ' Na7?bjV 1JA71`_ __-______ S8934,T85Y 3A 79 -,i�s:T9uw a79' Ltl - OOTID IF CURVE. DIRFtIpN AND LENCIH � 1 l 1 � I I 3!.3737!7 71. H' 1 Id � I f0 1 I� P8 - PUT BOOK I I h l8i I YAINIENANC£ � F_iffLFNT �Y-N00�77YE 3aHW I I N 1 � j NMV7ENANCE 1 I 1 �cASFPJFNr I I STORMVWTE0. 1 8999:SJ'lY tm, MANAGEMENT I 1 1 .. �'2 TRACT R-1 I N 1 1 9 1� N ON Nh 1 h „ ` N (R) - RADIAL � 1 1 I I I 1 � I 1 1 1 I I I I I I (MR) _ NOT RADIAL � 1 � I (M) - MEASURED 1 (') - PUTTED 2 MONUMENT LEGEND 893!36730.017' I LW -ESS OTIE RSTSE NOTED )7/F'N _ _ N8934 %7 30.00' 2487' PC Pcc -------------- ---- - (FUTURE DEVElOPENEN» HARMONY RESERVE P.O. -PHASE lA PLAT BOON 28. PACES 8-12 - - "—'-- CLUBHOUSE& RECREATIC NA1 AREA TRACT K PLAT BOOK PAGE DocKET NO. I O HOUSTON, SCHULKE SITTLE. B STOODAR0. INC_ D/B/A IV�EF(IDIA I lDIAN TVTR YC%i9 1717 BUTTON GH BLVD.SURE _`01 YERO REACIi. FL I29lA LOMti905 PHONE. 222_791-UiI, FAX 272-79410% 61 15 O f CHARLF9 M. BI/vNCHMO.—SPARED PSMPSISS MERIOVWIANOSURVEYORSa906 WTE OF PREPARATION: MAY MIS - — I ABBREVIATIONS: - CENTRAL ANGLERV 6 CURVE R �-L� aat Ltl - OOTID IF CURVE. DIRFtIpN AND LENCIH NEET R/V - RlWT-CF-RAY CL - mlmam SEC - SECTION P8 - PUT BOOK OA - OVERALL N PRM - PFRIANENT REFERENCE MONUMENT I POP - PERMANENT CONTROL PONT PRLRGf. - PUaIC RECdN3 OF NEM RIVER CQNTY FLORIDA .. �'2 LRF. _']7. - MMM OYER FARMS WATER N ON CONTROL ORiiOCT ` (R) - RADIAL I (MR) _ NOT RADIAL SHEET LAYGV KEY M PS (M) - MEASURED (') - PUTTED MONUMENT LEGEND 111"DITS ARE -AT ARE OESCRUD BELOW LW -ESS OTIE RSTSE NOTED DDISET PERMANENT REFi1aHQ 1011MERT (PRY) I WOUND PERMANENT REFERENCE MONWdT (PRM) 0 PERMANENT CONTROL PONT (PCP) ®PARCEL CORNER MAMOR ®FO11NA: PARCEL HONER MAR/FR (SEE SURVEYORS NOTES FOR HAL to I� OEWWTION OF SET PRMS AND COOTER MAXERS) a I„ EASEMENT LEGEND: O.E- ORANACE EASDONT x UE - "`UTY EASEMENT x u CURVE LABEL LEGEND: PC- PONT OF CURVATURE 3 PT - PONT OF TANGENCY POC - PONT OF COMPOUND CURVATURE 1 PRC - PONT OF RECURVATURE Lina Table [U"I,E LENGTH BEARwG 1269 NO25'N'W 487' S89'39'33'E MOD' N020'27'E 300 5025'24E ] 90' 5025 24"E C— Table CURVE LENGTH RADIl15 DELTA CH. SEANNG O1, LENGTH C11 205.63 3979.00' 257'40" N8921'19 E 205.61 C12 8566 397900' 1 11101 1 S38 325111 8166 GRAPHIC SCALE .I n O HOUSTON, SCHULKE SITTLE. B STOODAR0. INC_ D/B/A IV�EF(IDIA SHEET lDIAN TVTR YC%i9 1717 BUTTON GH BLVD.SURE _`01 YERO REACIi. FL I29lA LOMti905 PHONE. 222_791-UiI, FAX 272-79410% 61 15 O f owl Pur BOOK PAGE ooa<rT NO. PREPARED BY: CNARlE9 N. BUINGRARO.PSAV5765 MERIOW LAND SURVEYORS 5905 OATEOFPREPARAT4ON:MAY201S SCA. - GNIRAL ARGUE OF OIRVE R. - RADIUS OF CARVE L - {(NOM G' CURVE CIL - CHORD OF DAVE. DIRECTOR AND LE11GTH RIGHT-OF-WAY X11 - CENWILNE SEC - SECTIONPS. - PIAT BOOK MEET OA- OVTRAIL PRY- PERMANENT ROTR010E MONUMENT PCP - PERMANENT OONTROL PONT PRIRCF. - PUBLIC RECORDS OF NOAH RIVER H T COUNTY RDMOA ULFGWs. - MOAN RIVER FAAMS WATER PH CGNTRG DISTRICT (R) - RApVL (NR) - NOT RADIAL 1 H (Y] _ IIE:AaIRED SNE TS �9EE (P) - PLATTED may MONUMENT LEGEND r S< MONUMENTS ARE WHAT ARE OESCRIBED BELOW Sa UNLESS OMELMSE NOTED ®SET PERMANENT RETFREICE MONMENT (PRM) GFa1ND PERMANENT R90MMM MONUMENT (PRA) PERMANENT CONTROL PONT (PCP) ®PARCEL CORNER MARKER ®FOUND, PARCEL CORNER MARKER SEE"NOTES FOR FULL DFSCSU 0F SET PRMS AM CO81FR NA KXRSI Line Toble EASEMENT LEGEND: LIME LENGTH BEARING OE - DRAINAGE EASEMO/T LSO 3.D,) SD752CE UE - UTILITY EASEMENT L51 3.90" 9075'24-E CURVE LABEL LEGEND: L52 292. 507524'E PC - PONT OF CURVATURE PT - PONT OF TANGENCYL53 2.9] 5025'2 E PCC - PONT OF COMPOUND WRVAIULE PRC - PONT OF RECNVATUES L54 0.86' 50252a1 Cale TOble HARMONY RESERVE P.D. - PHASE IB ONVE LENGTH RADIUS DELTA BEING A REPLAT OF A PORTION OF TRACT R. HARMONY RESERVE P.D. - PHASE 1A, AS FILED IN PLAT CIL LENGTH C9 38.92 250E 8915'05'-E BOOK 28, PAGES 6-12, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY. FLORIDA, LYING IN 35.12' CIO 4896' 1@LW' 2-"51-W PORTIONS OF TRACTS 1, 2,7 8 8, SECTION 32 TOVYTNSH'P 32 SOUTH, RANGE 39 EAST. 48.95' C54 201.6E 102100' 1118'49 MATCHUNF SEE PAGE 7 201.28' C55 � 22A � 7 ; — — _ — _ _ — — 21A 2OA 18A 1&1 17A i8A 71— 1 � — 197.14' C56 193.31 979.00' I l 1 5IA 19300' 1 96.78' 97900' I 1 1 N691079w 140' 96.72 I 98.86' 100000' 56910 23000' ' I 5891079E 1.OB' ' PC NT3025Y1 98.82' INW7971€1.09' u;Tt;x622f85' 272" PC N891019 124.00 1079 77.66" 1 N2'30'25•. 10089' e9�s.t6 61A7 I (-n-n IPC se9:rs 16 6377 :,.,..wso.w• 1. 54T1428w 27.91• 1 �6 SBA 1 1 4Lr 3>g9ss:sw 7.fY ________ -'r Se9?F:T6w SO A,7' --------------- I ISAaFAMWkMIR➢76T ___ NB637r40'L`776.71 1 I ;.y( u�tl n 01 IfAw"m ' ^�---: `-NH7i'J67 X0779 77 7 17.91' - 1 0{ 1 /2fi ; .Q�II yl- 2FTf2AOO'4 14211 1 pi ________________ L •. 4T -1 -X691019 Y12400-___-_ '\ 56910792 6.%' La Y.1 �. ; 691079w 6.28' 59A 1I c-1zn 1 N x I PT 1 PT N891029w lal M 1 1079 4 PT 7J7 /079w493" 1 I 'N-589'40297 197' o" lq q o EGA op� I , j c811 13A `1JI1 UPLAND 1 PRESBAVE I �. . 124,88'V I I TRACTE-18 I ' 1 1 1 1 NB91019 11600 CIA a, Wo79w 477' 1 1 $ 12A 1 1 1 STORMNATER MANAOEMENr891078w271' -4. alv TRACTS a< 1 1 HARMONY RESERVE P.O. - PHASE IA jy AM WlW 114.70 I PLAT 60ON28. PAGES 6,12 .^71 I 1 ;I I , (NOT A PARTOF THIS PLAT) X6910 Y#454 I it IQq� I olni 82A 11Ao;zlL<-.�lI >, i it 'W 691079w 19B' e. ylIV it` IO�wI,7s' (: 1 1 IGS 4108.91029 11412 X691019 Y f1l.A] I (.LEA 1 PC-<7}���i� L -10N tr'T GTA )1 1 i I 10A 61T9'Y'� ani e91o79w 64d I I ,• 1 �' 1 I I i - I SB9't0797 6,Y --_--- ��1 1 X891019 71407 I----- 1 I a" 14,6' 7s-unun" -- (7 -r _ EAe�iMf ~�I 1 1 "N SYX179:T7w 5047' .1 i- )u 64A ILA �rygR -`�'gI NB910W'W 416' I SB91079T 110' 1'+5Q' 1 1 1 1 1 1 1 SB9 36_W 76791 _ S SB910 T! / P i PT 7.5'UIR U I, X8910 12407 1 ___-_-s3�'fT19'w L- - - - 1293' 65A I 8A � e„4'+ -�w b nil U"Q< a�T I X89 1079w/79' 1 NOT A PART OF THIS PLA NB91019 !2400 HARMONY RESERVE P.D. - PHASE 1A 1 1 9 1 PLAT BOOK 28, PAGES 6-12It ti I •�N 66A IA 7A SA ! 6A 1 AA i M ]A 5.� PC V NOOT97125.11' IIS vC PC NOO19:Tl7 4.6Y ( I e S07T9715v 359' 21' 21' XB91079w 11400' I B9's079w 60.72 * ` Iv I I I I I PT 1 NB9OOV Z 42.07' p < - ) I PC I FOND P K NAIL & OI- ________ --------- V 1 I� PCP LB,F69065A PT dab'TSOF' 0, aV I571ift owl Pur BOOK PAGE ooa<rT NO. PREPARED BY: CNARlE9 N. BUINGRARO.PSAV5765 MERIOW LAND SURVEYORS 5905 OATEOFPREPARAT4ON:MAY201S SCA. - GNIRAL ARGUE OF OIRVE R. - RADIUS OF CARVE L - {(NOM G' CURVE CIL - CHORD OF DAVE. DIRECTOR AND LE11GTH RIGHT-OF-WAY X11 - CENWILNE SEC - SECTIONPS. - PIAT BOOK MEET OA- OVTRAIL PRY- PERMANENT ROTR010E MONUMENT PCP - PERMANENT OONTROL PONT PRIRCF. - PUBLIC RECORDS OF NOAH RIVER H T COUNTY RDMOA ULFGWs. - MOAN RIVER FAAMS WATER PH CGNTRG DISTRICT (R) - RApVL (NR) - NOT RADIAL 1 H (Y] _ IIE:AaIRED SNE TS �9EE (P) - PLATTED may MONUMENT LEGEND r S< MONUMENTS ARE WHAT ARE OESCRIBED BELOW Sa UNLESS OMELMSE NOTED ®SET PERMANENT RETFREICE MONMENT (PRM) GFa1ND PERMANENT R90MMM MONUMENT (PRA) PERMANENT CONTROL PONT (PCP) ®PARCEL CORNER MARKER ®FOUND, PARCEL CORNER MARKER SEE"NOTES FOR FULL DFSCSU 0F SET PRMS AM CO81FR NA KXRSI Line Toble EASEMENT LEGEND: LIME LENGTH BEARING OE - DRAINAGE EASEMO/T LSO 3.D,) SD752CE UE - UTILITY EASEMENT L51 3.90" 9075'24-E CURVE LABEL LEGEND: L52 292. 507524'E PC - PONT OF CURVATURE PT - PONT OF TANGENCYL53 2.9] 5025'2 E PCC - PONT OF COMPOUND WRVAIULE PRC - PONT OF RECNVATUES L54 0.86' 50252a1 GRAPHIC SCALE O ism $�1 .�e . m 2 /I\ 171 M -RIYER9 701 'ERC SEAC1l Fl 3Z9Y0 LBF(NO3 16.3f Cale TOble ONVE LENGTH RADIUS DELTA G CIL LENGTH C9 38.92 250E 8915'05'-E 35.12' CIO 4896' 1@LW' 2-"51-W 48.95' C54 201.6E 102100' 1118'49 NN2'30'25'* 201.28' C55 197.46' 100000 111849-. 197.14' C56 193.31 979.00' 1118'49. 19300' C57 96.78' 97900' 5'39'51W 96.72 C58 98.86' 100000' 53951 NT3025Y1 98.82' C59 100.93' 1021.00' 1 5'39'51' N2'30'25•. 10089' GRAPHIC SCALE O ism $�1 .�e . m 2 /I\ 171 M -RIYER9 701 'ERC SEAC1l Fl 3Z9Y0 LBF(NO3 16.3f HARMONY RESERVE P.D. - PHASE IB P�Are BEING A REPLAT OF A PORTION OF TRACT R. HARMONY RESERVE P.D. - PHASE 1A, AS FILED IN PLAT ooK BOOK 28, PAGES 6-12, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LYING IN - PORTIONS OF TRACTS 1, 2,.L& 8, SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST. ?ALLY - - - - - - - - - - - - - - - - - . - - - - - - - - LM1EVUNI�A-ST IZ;------7T-,r-m--------- --- SL9' : Nw i 1 I sgA OOpCEr NO. s779 w at 71w a4 a aa4 Q7 u {a I+ I /.LdR I .509' :% PRC4RC 1 / 17 SB93436w 14Q7'. '� � .e u sa9:N_% /OSB I 1 407D'K _ X40 -------------- 1J'E 1lS91� 1 agA NdR � PR Y�:u:n�'ctan-We77s2s'�atcl5 � � � 1.95J'4d � ! 1 l MONUMENT LEGEND 589:".71 /GA9� , l �aai XEET Z UNUESSIfi ARE MAT ARE OESCWBFD BELOW I z 1 Yr UATET PERMANENT NOIR 8 45A l ~ ^ i 1 ®SET PERMANENT REFETEIFCE E M MONUMENT (TRIP) I ,y L7F01nm PF1RT1VQ11I RE7'ERD9CE IfOMA1ENT(PRM) 1 ____________ 1T 1 vl o PERMANENT CON IINL POSIT (PCP) 1 ___50934 J6 99.00. , N ®PARCEL CORNER YARNER I g SB934:%w 294" 1.1 I 1 1 1 ®F'OIIND: PARCEL WRNIR MARKER q1 1 I NAfiV7EAANCT;' (SEE SURVEYORS NOTES FOR RJUL 1 'S 4aA I I I BESCRF OF SET PRIES AND CORNER I l I L 1 6 MARKERS 1 - }3934.70 99.91 1 b sHEE I )UT KEY RAPT EASEMENT LEGEND: `q,q'F9 43q i�l I IV` OE - DRAINAGE EASEMENT �7 I UE - UTUIY EASEMEMIT I ABBREVIAnGNS: say 3436'w 99.09 , CAL -RADIUS OF �� CURVE LABEL LEGEND: L - UM9TK OF MIME PC - PONT OF CURVATURE Ti y 42A I 1 le ^� PT - PONT OF TARGENCY I LE- CHORD OF DANE, DIRECTION AND PCC - PONT OF COMPOUND CURVATURE 51931 J6 99.1 1 R/M' 1 Ill - Rfdl7-aF-u1' PRC - PONT OF REWRVATUIE 1 W 1 N6 SEC �CTIONN YTERM AM7£NANC£ ; '1 Sa934%w 115__ - PAL PLAT BOOK F OA.OVERALL R Ixx1 PRM - PERMANENT ROMIEKE MONUMENT STORM WATER a I "I POP - PERMANENT CONTROL. ADN7 AI/UTAGEMENT 1 aa8VV I :.I q! h Ih RMpIP .C.F. -Y PUBLIC FLORRECOMS OF INDIAN TRACT.1 .1 40A _ _ 3N IN CONTRA ONINCT NEVER FARMS WATER i 58934165 /01.09 ; h IB (R) - RADML48' 39A LZ'm (NIU - NOT RAOMLRED i (- sN9:m:m 1041 I PR 1 1 l _$xW;WEW'___-- -- N007574w 211' L__w Naz Sas' :74" / Ng775745 Sat' 6 ' at.J2.00• 1207' S201Y J2�" ,7271 1 1 NO775'14w 511' "0023 Fw 661' N ' t' .520.0 J2O7 7200 12Q7'1 , / L -/61J 1j G9 4 J2O7 MOO NAA a. ^ .moo'12C0 1 ;1207 .7207 1 38A 37A 38A 1 4T til` o i 1 34A 35A I o 1 33A 31A 32A a5 I j 1 1 25A i TTA 28A Z9A 30A 2eA 1 c PRC I l l 1 1 479' ��� { Pc 1 • ----- ----- -- seg u PC PT PC NO07971T ISN' n1 -CJI 1-:110.00 PC-`9P'CE1O00UA'E - N-£ PT✓ `vG fay, �I •._ _ d..7o<00� �RK97fCF WA17 - PC F. 9.4'361 M.9' 49A Na9Y0ww 4.48 179w SOA 51A 195 1145 ..,.19w aft, 52A 019029 11� A99I079w 463 53A 402910' !1400' Nagvoww 256' 54A 7Y029w !1600 -NO779Ul'E 50.90' EA572IEN7 I PT i bs- I lqi 47771** Zlm SS S (VrER1CMAN Lb1e Table LINE LENGTH! BEARING L40 242' 1102124'1 L41 274' N02524 -W 42 J.6Y W75'24w L43 3.84' NO25'24'1 Las 3.6C N02524 V L45 3.8Y N07V2CW 1-50 3.CO' SD25'24-E 151 3.90' SD25'24'E w L52 29Y SM -24-E L53 2.97' SO2424"E L54 0.86' SO2V24-E CN. 6£ARING-N0F00.4Yf DIC _17§0 'E (____.� ___59_1!____\t� N. l£MGIN.21071 _ - "I n 50_09 -- 65.11 _- PRCt 1-+1507 _ 1517 PT yl 75" UWU1 8 - --1.705100 1 -- 75'UaL77Y f"-�'.L SSA 2 8 CLUBHOUSE W 27A jN 21A R 20A 19A h 18A RECR TIAONN M 348 Oi SfM~TER h h TRACTX ti p MANAGEMENT 4 TRACTS L sa9'{O79T 1465' 1 f Mor .. _ 519:5{76 1500•___ 9' {J6 SO.OYI ----mo SB93{;T6w 7.47' 509?--- __ "865{JO-[718.77' I "0974 J6'E 56.717 1 50.07' UPIARO PRESERVE TRACT E-18 PREPARED BV: CHARLES". BIAD"R PSAWR766 OATCOF IIANDNEAY?Qa6 DATE OF PREPARATION :1MY 2010 O EA572IEN7 I PT PT ti V A' td (VrER1CMAN CURVE LENGTH RADIUS b N 1 C17 Q 1021.00' 15049- L+ 1 1 I I" e 3LW 17A w IDA � �I019 Y11t. C19 32.06' $ I 1 T`Q' to ti e 57A 32.06' C20 236.40' 979.00 135008• 5019'3111 2,35.85- C21 I 1 A NB9I079w SJB' SOlr31'W Ef'S7R91O79T 50.00' I 271" PC PC I 5019'3111' I -,VW*O Y 11400 C23 9'1079 17.81'I I r4rae- SlIS43'W 32.01 L.17J5 32.00' 1 1021.CO' 1 1'47'45' 50503-E 32.00' J478w 17.91' I 58A 117'49- 15A , I IX /EAMG-A52976T 32.07 1021.00' -AW7971T 47.9!' I I 1 IX (EAGM-/7� 7 ---�----.1'L- - JI - -__- ----- PREPARED BV: CHARLES". BIAD"R PSAWR766 OATCOF IIANDNEAY?Qa6 DATE OF PREPARATION :1MY 2010 GRAPHIC'SCALE wi 1. O Curve T.W. SHEB (VrER1CMAN CURVE LENGTH RADIUS DELTA CII. BEARNO IX LENGTH C17 26.97 1021.00' 15049- 5629'10-W 26.97' C18 3LW 102100' 1'48'12- S4'49'40"W 32.15 C19 32.06' 1021.00' 1'475r S3V1'35-W 32.06' C20 236.40' 979.00 135008• 5019'3111 2,35.85- C21 240.32' 1000.00' 13'.0609- SOlr31'W 239.71 C22 248.55 1021.00' 137WW 5019'3111' 245.95' C23 3207 toZigo' r4rae- SlIS43'W 32.01 C24 32.00' 1 1021.CO' 1 1'47'45' 50503-E 32.00' C25 3202' 1021-00 117'49- 5221'50-E 32.02' C26 32.07 1021.00' 1'47'59- 54`09'"-E 32-07- 7 27.27' 1021,00' 1'31'50- 5549'38-E 2727' Q9 120.74' 1OU000 635'04- 113`08'01-W 120.68 C30 123ir 102100' 655'04- W3`06'01'1 123.20' C31 95.56' 979.00' 5'3571 N3'47'45 W 95.5Y C32 I.EIV 1021 D0' OV627- 58951'237W 1.92' C33 32.01' 102100 1-47'48- 588'34'16"W 32.00' C34 59.92' 1000-W 32558" 58751'37-1 59.91' C35 61.Ir 1021D0 325'58• S8751 - 3r1 61.16- 1.1fiC36 C36 2725 1021.00 15145- 58654'30-W 27.25 C38 azo! 3979.00 0-2Ysi N86'3A'OCE 32 os' C39 32 -OS 3979.00 027'40' N87101'45"E 32.03' C40 32.02' 397900' 0-27'40 N8729'25E 3202' C41 3201' 3979.00' 027'39• N8757'05E 32.01 C42 213.39' 3979.00 3 04'22- N87'4O49 E 213.36' C45 24Ar 4021.00 02116 x851916•E 24.er C47 58.66' 979.00 3-2558" S87'51'37'* 58.65' C48 36.64' 97900 27D923- 5882955-W 36.61 C49 21.81' 97900- 118.1fi S86'46'56 W 21.61 C5D 827 1021.00' 027'41 NOV539•E 822' C51 to0.Z3' 97900 55158- N3`0Y301 t00.19' C52 98.60' 100000' S"3858- N3V9O0"E 98.56' C53 100.6r 102100' 5'3858- x3Tri'00-E 10065 C63 39.50 25.00 90'3155 x457)926.1 35.5V C64 39.52' 1 2500 190-34'36' N017'18'E 1 35.53' GRAPHIC'SCALE wi 1. O HOUSTON, SCHULKE BATTLE,6ST0DDARD. INC. D/B/A SHEB (VrER1CMAN .-MDtAN-RB nl /JiR\ 1T BEACH.FL12960 LBM6903 PHONE. T17^T90.1_I7' Fn%,777-`W-1096 of HARMONY RESERVE P.D. - PHASE IB DING A REPLAT OF A PORTION OF TRACT R, HARMONY RESERVE P.O. -PHASE 1A, AS FILED IN PLAT BOOK 28, PAGES 6-12, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, LYING IN PORTIONS OF TRACTS 1, 2, 7 6 8, SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST,, .4W 2WA•S0 H4liY152TY tQ' S a (QB'ID T $ PT NO1247111 42W' �22 _ `-- Z � -- PRC DOOM FOR AFT A101ty ulum T _ h \.F}r PT - _____ _ Md97 if w ,y, rat.le_ a sL+ vac3 y �-'__ PRC aft:73 S$ t 7.5"U7$JY N Lab 77 FA4YU ) b L47 R20YJ741F 2f. X7' INFORMATIONAL PROPERTY NOT A PART THIS PLAT _ -- - -- �'-77TH STREEJ R VARIES of 16owfia I T o T. "A jp M' [ 30' UIEATBL5Bo6 11)R URSTAIONAr8957,ICm' N654d791F S PHASE fA #891079 17400 PIAT BOOK 28, PACES 8-12 "Q' '� I i 8 (FUTURE OEVELOPEMENT) f 4 qh a HARMONYRESERVE P.O. - PHASE to 1 T yah a6n PLAT BOOK 2B PAGES 6-12 STOR~TER MANAGEMENT IRALT4Y1, a 1h i 1 � r b 1N $TORMNATER MANAGEMENT g �Q r TRACT V -f 7X t�X r N89:WWr 4200" BT0RMWATER MANAGEMENT WI MAINTENANCE EASEMENT 1 I I .,,-., .mow oo m• (FUTURE DEVELAPGAMT) HARMONY RESERVE P.O. - PHASE IA PUT BOOR 28. PACES 6-12 - �, _ A70'J1JI w IXGG_ 1 f _ r r I 1 j 23A 24A 25A r 1 TRACT% r . r CB 5a528'24'E 6.8r 25.00' IT- y pCC CN. BEAR/X ')6F T h tN. fENGIN_ 7.mnDF _..________.i?Cti _.. _______R'T871D8- CN. 21$- 7 CN. LENCENd))88 C CN. (ENCE#-)l97E 13' YtYE r� _--------....) Line T96Te UNE LENGTH BENING Las 3.81' x025'26 N Ue 22.50• SOV2'3i'E L419.00• NB95]'29i 8 10.OO" 5002'3VE L49 30.88• N8951'29"E 136 s6.z7, No2s'z+w CLUSH0USE6 RECREATIONAL CA - CENTRA. ANGLE OF Ni IRVE AREA 3270251f7:'1,11' TRACT% cmT0' CB 5a528'24'E 6.8r 25.00' MATCHLNE C -C, SEE PA(75 $565' 13' YtYE r� _--------....) Line T96Te UNE LENGTH BENING Las 3.81' x025'26 N Ue 22.50• SOV2'3i'E L419.00• NB95]'29i 8 10.OO" 5002'3VE L49 30.88• N8951'29"E 136 s6.z7, No2s'z+w PREPMEOBY: CHARLES H. BLANCHARD, pSMM5756 .010—LANG SURVEY0RSOM OATS OF PREPARATION MAY 2018 ABBREVIATIONS: Cwre T46k CA - CENTRA. ANGLE OF Ni IRVE CURVE LENGTH RALRIS DELTA CH. SEARRiC OK LE14TH CB 39.69' 25.00' 9058'23' N45DY481 $565' C13 38.65' 25.00' 88'Si 16- 545'40'20"W 34.91' Cu 40.55' 2500 9257'$7' Haa5422-W 36.26' 015 47.50' 2000.00' 1'21'39" 5891E}9 -W 47.50' CIE 527, 979,0' OT6'31- NlvYl9'E 5.27' 077 26,91 102tA0' }'a4' 5629'SO'W 2 25.97' Cal 32.01' 3979.00' 017'39- N8757'O5-E 3201' Cat 21339 397900' 31)C22' N87'40.49'E 213.36' C43 3201 3979.£ 02l'34' Ngg2a'44-£ }2.01' C44 32 W' 397900 027'39' N8R52'23'E 32.00' C45 784' 397900 0E6'N- 189T19'M"E 7.e1' 060 97.15' 474,0 5'at OS- N4200E 47.1'. 061 12618' 1000.00' 711.2 N59Y45-£ 12607' C62 104.36' 1 1021.00' 1 55123' 1 N418'SYE 104.32' 065 1 47.11' 2000.00 12105 1 5691622W 4117' PREPMEOBY: CHARLES H. BLANCHARD, pSMM5756 .010—LANG SURVEY0RSOM OATS OF PREPARATION MAY 2018 CURVE LABEL LEGEND: I PC - PONT OF CURVATURE 1 4 PT - PONT OF TAN DICY I Q PCC - PONT OF SpNCfiO CURVATURE I i b3' PRC - POINT OF RECVRVATUIK 1 � I 1 I Q l i Lill pxr(�'7LIF)E GRAPHIC SCALE �\ ABBREVIATIONS: CA - CENTRA. ANGLE OF Ni IRVE R - RAdU" OF CURVE L - LENGTH OF CURVE M - OIIXW OF CLIRYE DIRECTOR AND tD$ M RAV - RR,M-OF-WAY {w SEC - SECTOR PA - NAT GOOK NE 1: PRI/ - PERHANETO REFERD E MCRNENT MI £J PCP - PERMAt6NT CONTROL. POST I PEUA.Ci. - PUBLIC RECORDS OF INDIAN OVER OOIMT' RAMA SHE 5 SM E -It wr-WD. - NpAN RIVER FARMS WATER CONTROL OISRMT ** (M - HOT (NR} - NOT RADIALG EET LAYOUT KE MAPS Z m (M) - � PLATIMO (P) - PUT7O) MONUMENT LEGEND MONUMENTS ARE WHAT ARE OESD RID BELOW VM.M OTHERWISE NOTED ®SET PERMANENT REFERENCE MOIANENT (PRM) OFOUND PERMANENT RO'EMENCE MONUMENT (PRM) PERMANENT CONTROL PANT (PCP) 0 PAROL OORNER MARU ®FCUNO: PARCH CORNER MARKER (SEE S18ZwETGR9 lEl fOR F1AS OESCWPTION or SET PRMS ANO CCMOE MAW3.R"') 5 EASEMENT LEGEND: 0 �+ O£ - DRAAIACF E,tfVffNT UE - UTILITY EASDIDIT CURVE LABEL LEGEND: I PC - PONT OF CURVATURE 1 4 PT - PONT OF TAN DICY I Q PCC - PONT OF SpNCfiO CURVATURE I i b3' PRC - POINT OF RECVRVATUIK 1 � I 1 I Q l i Lill pxr(�'7LIF)E GRAPHIC SCALE �\ COUNTY DEED INDIAN RIVER COUNTY, FLORIDA THIS DEED, made this day of July, 2016, by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, party of the first part, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, and HARMONY RESERVE, LLC, a Florida limited liability company, party of 'the second part, whose mailing address is 3880 39th Square, Vero Beach, Florida 32960. WITNESSETH that the said party of the first part, for and in consideration of the sum of Ten Dollars ($10.00) to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second part, its successors and assigns forever, the following described land lying and being in Indian River County, Florida: See Exhibit "A" attached hereto. IN WITNESS WHEREOF the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of said Board, the day and year aforesaid. INDIAN RIVER COUNTY, FLORIDA By its Board of County Commissioners Attest: Jeffrey R. Smith Clerk of Court and Comptroller By: By: Deputy Clerk Bob Solari, Chairman BCC approved: This document was prepared by: Indian River County Attorney's Office 1801 27th Street Vero Beach, FL 32960 (772) 226-1425 (Official Seal) APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD 00UNTY ATTORNEY SKETCH OF Z EGAL DESCRIPTION (NOT A SURVEY) Report of Survey. (Project # 14-028-59TH—NORTH DED) * TYPE OF SURVEY: SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY * MED BY. OUSTON, SCHULKE, BITTLE & STODDARD, INC. L.B,#6905 .b.a. MERIDIAN LAND SURVEYORS 1717 INDIAN RIVER BOULEVARD, SUITE 201 VERO BEACH, FLORIDA 32960 • PROFESSIONAL SURVEYOR & MAPPER IN RESPONSIBLE CHARGE: CHARLES H. BLANCHARD, P.S.M. #5755 EXHIBIT "B" Legal Description: A 30.00 FOOT WIDE PARCEL OF LAND BEING A PORTION OF THE PLAT OF ALBRECHT ACRES SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 74 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA LYING IN SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 32, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; THENCE RUN SOUTH 89752'18" WEST (BASIS OF BEARINGS) ALONG THE NORTH UNE OF SAID SECTION 32, A DISTANCE OF 979.73 FEET; THENCE LEAVING SAID NORTH LINE, RUN SOUTH 00"12'36" WEST, A DISTANCE OF 30.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF INDIAN RIVER FARMS WATER CONTROL DISTRICT SUB—LATERAL A-5 CANAL, SAID LINE ALSO BEING THE NORTH LINE OF SAID ALBRECHT ACRES SUBDIVISION, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT 2, SAID ALBRECHT ACRES SUBDIVISION AND THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00'12'36"WEST ALONG THE WEST LINE OF LOTS 2 AND 5, SAID ALBRECHT ACRES SUBDIVISION, A DISTANCE OF 646.12 FEET TO A POINT BEING THE SOUTHWEST CORNER OF LOT 5, SAID ALBRECHT ACRES SUBDIVISION; THENCE RUN SOUTH 89'53'52" WEST, A DISTANCE OF 30.00 FEET TO THE SOUTHEAST CORNER OF LOT 4, SAID ALBRECHT ACRES SUBDIVISION: THENCE RUN NORTH 0012'36" EAST ALONG THE EAST UNE OF LOTS 4 AND 3, SAID ALBRECHT ACRES SUBDIVISION, A DISTANCE OF 646.10 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID INDIAN RIVER FARMS WATER CONTROL DISTRICT SUB—LATERAL A-5 CANAL, SAID POINT ALSO BEING THE NORTHEAST CORNER OF LOT 3, SAID ALBRECHT ACRES SUBDIVISION; THENCE RUN NORTH 8952'18" EAST ALONG SAID SOUTH RIGHT OF WAY UNE. A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 0.45 ACRES, MORE OR LESS. Legend & Abbreviations: (symbols not scaleable for size) PLS — PROFESSIONAL LAND SURVEYOR CR — COUNTY ROAD PSM — PROFESSIONAL SURVEYOR do MAPPER R/W — RIGHT OF WAY LB — LAND SURVEYING BUSINESS O.R.B. — OFFICIAL RECORD BOOK — M — CENTERLINE MEASURED VALUE P.O.C. — POINT OF COMMENCEMENT P — PLAT VALUE P.O.B — POINT OF BEGINNING SKETCH OF DESCRIPTION PLAT OF SURVEY FOR: TROY PINNER SKETCH OF LEGAL DESCRIPTION NOT A BOUNDARY SURVEY MERIDIAN "VEY IS NOT YAUD V0WT IE LAND SURVEYORS INDIAN RIVER BLVD, SUITE 201 9"AIRE AND THE ORICi 4 RAISED SEAL OF INE FLORIDA UCDW SURVEYOR AND MAPPER1717 NAMED BELOW, 6P VERO BEACH, FL. 32960 LB#6905 PHONE: 772-794-.1213, FAX: 772-794-1096 E-DlAIL: LB6905"ELLSOUTH.NET CHARLES H. BLANCHARD, P.S.M. 15755 SKETCH OF L EGk Of SCRIP TION (NOT A SURVEY) EXHIBIT "B" SD0,2'38'W 30.00'\ 37TH STREET - RIGHT 1 NORjN UNE OF S£CAON 32-32-39 S89'52'18'W PAC, N£ CORNER ME CORNER GOT J---- NOR1H UN ALBRECHT CRSS SU80/NSION N8932'18'E 30.00' e 1�16RNER INDIAN RIVER FARMS WAR CONISUB DLA IsTRIcr-11 E UNE LOT J---_ LOT 2 597H AVE A-5 CANAL SKETCH OF LEGAL DESCRIP77ON NOT A BOUNDARY SURVEY North (JO. R/wi LOT 3 LOT 2 LOT 1 DWN. BY: C.H.B. DATE: 06-20-16 Wum, Lor I CKD. BY. S.P.T. a� vv SURVEYOR AND MAPPER NAMED HEREON WHICH SIGNATURE AND 17VERO AN RIVER BLVD, CLBTE 101 ERO BEACIi4 FL 9196(1 LBIl690i SEAL. MAY BE FOUND AT THE END OF THE ATTACHED REPORT. THE P)(O\'E:771-793-1113. FA,L T72-704-1096 PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE E-MAIL: LB690S/a BELLSOMHACT w 4 m m W � N 1/2 LOT 4 r z LOT 5 "�-W UNE LOT 5 LOT 6 E UNE LOT 4 S 1/2 LOT 4 SW W CORNER L075 MYW52W 3R SE CORNER LOT 4 FOVAV !XI GOWRVE MOW(40VT (NO CMJ ALBRECHT ACRES ALBRECHT ACRES PLAT BOOK 2. PAGE 74 PLAT BOOK 2, PAGE 74 LOT 9 LOT 8 LOT 7 LOT 10 LOT 11 LOT 12 SOUTH UNE ALBRECY7 ACRES SU8D1W5l0N r 00 GRAPHIC SCALE SKETCH OF zW D 1C* 2W DESCRIPTION ® ® I I I 1 SKETCH OF LEGAL DESCRIP77ON NOT A BOUNDARY SURVEY North (IN FEET ) 1 inch = 200 ft. PROD. NO. 14-028-59TH-NDED PLAT OF SURVEY FOR: TROY PINNER DWN. BY: C.H.B. DATE: 06-20-16 CKD. BY. S.P.T. MERIDIAN THIS PLAT AND REPORT ARE NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF THE FLORIDA REGISTERED AND SURVEYORS SURVEYOR AND MAPPER NAMED HEREON WHICH SIGNATURE AND 17VERO AN RIVER BLVD, CLBTE 101 ERO BEACIi4 FL 9196(1 LBIl690i SEAL. MAY BE FOUND AT THE END OF THE ATTACHED REPORT. THE P)(O\'E:771-793-1113. FA,L T72-704-1096 PLAT AND REPORT ARE NOT FULL AND COMPLETE WITHOUT ONE E-MAIL: LB690S/a BELLSOMHACT 2 Prepared by: Office of County Attorney INDIAN RIVER COUNTY 1801 27'" Street Vero Beach, FL 32960 772-226-1425 BILL OF SALE OF UTILITY FACILITIES to INDIAN RIVER COUNTY, FLORIDA (part of UCP #3235) KNOW ALL MEN BY THESE PRESENTS, that TROY D. PINNER and DENA K. PINNER, husband and wife, whose mailing address is 3615 59th Avenue, Vero Beach, Florida 32966, and HARMONY RESERVE, LLC, a Florida limited liability company, whose mailing address is 3880 39th Square, Vero Beach, Florida 32960 hereinafter called GRANTORS, in consideration of value received, the receipt and sufficiency of which is hereby acknowledged, have and do hereby grant, bargain, sell, transfer, and deliver unto INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, FL 32960, hereinafter called GRANTEE, this day of 2016, the following goods and chattels: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF which utility facilities are located in that certain Easement recorded in Book , Page , of the Public Records of Indian River County, Florida. TO HAVE AND TO HOLD the same unto GRANTEE forever, and Harmony Reserve, LLC hereby warrants to the GRANTEE that it has free and unencumbered title to the above- described facilities, that all persons or entities which have supplied labor or materials with respect to these facilities have been paid in full, that none of them has any claim whatsoever with respect thereto, and that the GRANTORS have full authority to make this conveyance and Harmony Reserve, LLC warrants and defends the sale of said chattels and utility facilities hereby made unto GRANTEE against the lawful claims and demands of all persons whomsoever. Harmony Reserve, LLC agrees to maintain and repair said utility facilities until such time as the utility services for either Harmony Reserve PD — Phase 1A and/or Harmony Reserve PD — Phase 1B are ready to be activated, which includes that all the construction, installation, inspections, and testing are satisfactorily accomplished, including releases and approved as- builts, and project engineer's certification letter submitted to Indian River County as required under UCP #3235. Harmony Reserve, LLC agrees to post, at the time of activation and acceptance by Indian River County, the required security covering all the utility facilities under UCP #3235 to warranty for a period of one year the utility facilities from defective materials or workmanship. Harmony Reserve, LLC also agrees at the start of the 1 -year warranty period to assign all its right, title, and interest in and to manufacturer's or supplier's warranties with respect to the utility facilities under UCP #3235. APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY X59 "I DYLAN REINGOLD IN WITNESS WHEREOF, the GRANTORS have herein set their hands and seals the day and year first above written. Signed, sealed, and delivered in the presence of: Witness as to both: sign printed name: Witness as to both: sign printed name: Signed, sealed, and delivered in the presence of: Witness: sign printed name: Witness: sign printed name: STATE OF FLORIDA COUNTY OF INDIAN RIVER By: Troy D. Pinner By: Dena K. Pinner HARMONY RESERVE, LLC, a Florida limited liability company By: J. Patrick Hill Manager The foregoing instrument was subscribed before me this day of , 2016, by Troy D. Pinner and Dena K. Pinner, husband and wife, who are either personally known to me or who each produced (passport or driver's license) as identification. SEAL: Notary Public printed name: Commission # Commission Expiration Date: 0259-19 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was subscribed before me this day of , 2016, by J. Patrick Hill, Manager of Harmony Reserve, LLC, a Florida limited liability company, who executed on behalf of and with the authority of said limited liability company. He is either personally known to me or produced (passport or driver's license) as identification. SEAL: Notary Public printed name: Commission # Commission Expiration Date: 259-15 This document was prepared by: Indian River County Attorney's Office 1801 27th Street Vero Beach, FL 32960 (772) 226-1425 EASEMENT THIS GRANT OF EASEMENT, made and executed this day of 2016, by HARMONY RESERVE, LLC, a Florida limited liability company, whose mailing address is 3880 391h Square, Vero Beach, Florida 32960, hereinafter called GRANTOR, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, having a mailing address of 1801 27th Street, Vero Beach, Florida 32960, hereinafter called GRANTEE. WITNESSETH: That GRANTOR for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration, receipt of which is hereby acknowledged by these presents does grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE, a perpetual easement for utilities over, across, above and beneath the following described land, situate in Indian River County, Florida, to -wit: See Exhibit "A" attached hereto. And GRANTOR hereby covenants with said GRANTEE that the GRANTOR is lawfully seized of said servient land in fee simple, and that the GRANTOR has good right and lawful authority to convey the easement established hereby and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the GRANTOR has hereunto set its hand and seal the day and year first above written. Signed, sealed and delivered in HARMONY RESERVE, LLC, a Florida the presence of: limited liability company signature: By: printed name: signature: printed name: APPROVED AS TO FORM AND LEGAL SUFFICIENCY J. Patrick Hill Manager BY �5q 1G DYLAN RE NGOLD STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 2016, by J. Patrick Hill, Manager of Harmony Reserve, LLC, a Florida limited liability company, who executed on behalf of and with the authority of said limited liability company. He is either personally known to me or who has produced as identification. NOTARY PUBLIC printed name: (SEAL): Commission No.: Commission Expiration: 2 ;U IW ILL ILL cn Q I ;J .p :Z .Q } IM oUJ O Z 0 0 z° wQ cc} JZ }:5 00 This document was prepared by: Indian River County Attorney's Office 1801 27th Street Vero Beach, FL 32960 (772) 226-1425 CONSENT AND JOINDER OF MORTGAGEE NATIONAL BANK OF COMMERCE ("Mortgagee") having a mailing address of 2145 Indian River Boulevard, Suite A, Vero Beach, Florida 32960 is the mortgagee under that certain Amended and Restated Real Estate Mortgage, Assignment of Rents, and Security Agreement upon land described therein, situated in Indian River County, Florida, recorded in O.R. Book 2917, Page 552 of the Public Records of Indian River County, Florida, and hereby consents and joins in the making of a perpetual easement for utilities in favor of Indian River County, a political subdivision of the State of Florida, having a mailing address of 1801 27th Street, Vero Beach, Florida 32960, by Harmony Reserve, LLC, a Florida limited liability company, whose mailing address is 3880 39th Square, Vero Beach, Florida 32960 (Mortgagor), on the following described property: See Exhibit "A" attached hereto. Mortgagee agrees that the granting of this easement shall in no way affect its ability to foreclose its lien of its mortgage on the property described in the mortgage noted above, but that it shall be subordinated to and subject to this grant of easement, and that said easement shall run with the land in perpetuity. Signed, sealed and delivered in NATIONAL BANK OF COMMERCE the presence of: sign: print name: sign: print name: STATE OF FLORIDA COUNTY OF INDIAN RIVER By print name: title: The foregoing instrument was acknowledged before me this day of 2016, by , the of National Bank of Commerce, who executed on behalf of and with the authority of said bank. He/she is personally known to me or has produced as identification. (SEAL): NOTARY PUBLIC sign: print name: Commission No.: Commission Expiration: 259-1F INDIAN RIVER COUNTY, FLORIDA MEMORANDUM 169,Kt TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director James W. Ennis, P.E., PMP, County Engineer FROM: Michael D. Nixon, P.E., Roadway Production Manager SUBJECT: 2nd Street Petition Millings Project (3511 Avenue to 32nd Avenue) , Cancelation of Project DATE: July 1, 2016 DESCRIPTION AND CONDITIONS Representatives in the Emerson Park Subdivision presented County staff with a petition to install asphalt millings on a portion of 2nd Street. This portion of 2nd Street is a dirt road that begins at 35th Avenue and terminates at 32nd Avenue. On May 3, 2016 the Board of County Commissioners adopted Resolution No. 2016-041 providing for certain paving (millings) to 2nd Street Petition Millings Project (35th Avenue to 32nd Avenue) within the Emerson Park Subdivision. Also on May 3, 2016 the Board of County Commissioners adopted Resolution No. 2016-042 settingthe date and time for a Public Hearing to discuss the process to be taken, costs, and amount of the assessment against each property owner, The Public Hearing was scheduled and held on June 7, 2016. Prior to the Public Hearing the property owners in favor of the project 68.34% which met the requirements for petition paving (millings). At the Public Hearing, one petitioner stated that he was no longer in favor of the project and another property owner -in the assessment area whose identity is confidential, stated, through his attorney, that he was not properly notified of the process. In response to this, the Board directed staff to send letters to each of the property owners in the assessment area with actual costs to determine if the project was still supported. The Public Hearing was deferred and continued to the July 12, 2016 Board meeting. Per the Board's direction, letters were sent on June 16, 2016 to property owners, along with a Project Support form to be returned byJune 28, 2016. A self-addressed, postage -paid envelope was enclosed for return of the form. As of July 1, 2016, 15 property owners responded with 9 in favor of and 6 not in favor of the project continuing. 260 FWubhcWwks%NGDMMMGDIVMNPROJECM52$-ZWStbCbp_32*dAvtto35thA,,,AAd..%V.d.it.r,,\I523�2St.p,t Wird -RM -Pub.,HcwbSCkkifirx"cn and Con&minE Res. 7-M16 REVISMAot Page 2 2"1 Street Petition Millings Project Emerson Park Subdivision For July 12, 2016 BCC Meeting ANALYSIS Based on the responses received through July 1, 2016, only 35% (based on square footage) are now in favor of the project. The minimum perthe IRC code is 66.7%. Therefore, the project no longer meets the requirements for petition (millings). (See the attached Summary of Responses to the Project Support Form), RECOMMENDATION Authorize Chairman to sign attached Resolution effectively rescinding Resolution No. 2016-041 (to provide millings) and Resolution No. 2016-042 (setting the Public Hearing) and canceling the proposed millings project. I ATTACHMENTS Resolution Summary of Responses to Project Support Form DISTRIBUTION 1. William Scott, Road & Bridge Superintendent 2. Vincent M. Burke, P.E., Director of Utilities Services APPROVED AGENDA ITEM Indian River County Appromp" Datt Administration A Budget Legal Utilities Public Works Engineering F.-Tublic WCAMNGINEMUNG DIVISION PIROJEM\M-5-2nd SI NfilfingsjZnd Ave to 75th Av6Adrnin\agerAa item\1525 2 St Pct. MiUjrt$s-BCC -Pub. Itearing Contir=jion and261 Confrinive Res. 7-12-16 REVISED.doc RESOLUTION NO. 2016- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, REVOKING RESOLUTIONS 2016- 041 AND 2016-042; CANCELING PROPOSED PROJECT NO.1525 FOR ASPHALT MILLING IMPROVEMENTS TO 2nd STREET FROM 35" AVENUE TO 32nd AVENUE, IN EMERSON PARK SUBDIVISION; CANCELING PUBLIC HEARING CONCERNING PROJECT; AND DIRECTING THE MAILING OF THIS RESOLUTION TO THE OWNER OF EACH PROPERTY AFFECTED. WHEREAS, the County Public Works Department was petitioned for Road Asphalt Milling Improvements for 2nd Street from 35th Avenue to 32nd Avenue in Emerson Park Subdivision, (the "Project"); and WHEREAS, based on square footage, it was determined that 68.34% of the property owners expressed support of the Project, exceeding the minimum 66.7% necessary for a petition paving (millings) project to go forward; and WHEREAS, on May 3, 2016, the Board of County Commissioners (the "Board") adopted Resolution No. 2016-041 providing for the estimated cost to the benefited properties to be assessed, and Resolution No. 2016-042 setting a time and place for a public hearing to be held at the County Commission Chambers in the County Administration Building at the hour of 9:05 A.M. on Tuesday, June 7, 2016 to hear input concerning the special assessment Project; and WHEREAS, the public hearing was held on June 7, 2016 and the Board continued the hearing and directed staff to poll the affected property owners to determine if there was still more than 66.7% of the owners in favor of the project; and WHEREAS, the continued public hearing was held by the Board on July 12, 2016; and WHEREAS, it has since been determined after additional communication with the property owners that the petition no longer meets the minimum 66.7% necessary for a petition paving (millings) project to go forward; 1 262 RESOLUTION NO. 2016- NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY; FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. Resolution 2016-041 is hereby canceled. 3. The Project providing for milling improvements to 2nd Street from 351h Avenue to 32,d Avenue in Emerson Park Subdivision; and designated as Public Works Project No. 1525 is hereby canceled. 4. The Indian River County Department of Public Works shall give notice to the owner of each property that was proposed to be specially assessed in writing of this Resolution, which shall be served by mailing a copy of such Resolution to each of such property owners at his or her last known address to be obtained from the records of the property appraiser. - The foregoing resolution was offered by Commissioner _ moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Bob Solari Vice -Chairman Joseph E. Flescher Commissioner Wesley S. Davis Commissioner Tim Zorc Commissioner Peter D. O'Bryan MM 263 RESOLUTION NO. 2016 - The Chairman thereupon declared the resolution passed and adopted this day of July, 2016. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency: n Reingold, County Attorney Bob Solari, Chairman F:Tublic WorkAEMGINEERMG MISiON PROIECTS31525--2nd St'Miilihp22%d Ave m 3M AviAAdmin�ageab ite=4525 Resotirtion Caneah Mlnp. Aroject.doc -264 2nd STREET - (35th AVENUE to 32nd AVENUE) PETITION MILLINGS PROJECT SUMMARY OF RESPONSES TO PROJECT SUPPORT FORM July 1, 2018 �,.n-......�_, 774 -i77 ..n,.._ + .t ` RiLmecj'roject a ec �.� +l�ra1)eRl+iWne� . -.4,; t+innurtv hi#i#fcee, "tv , .;fir y �Ya 3 Cii`n-riT�'M'.Cntrw.rf?. rtG': tF -.��,• *ir.:Rt}T :._+i' _ ___.—__-_—•-____-_._-_-_. navailable {Cunliffe, David W. & Brenda Lee jft4l�r, Nancy J. & Thomas -Wilson, Melanie __.___...._ Vanda loeg, Daniel & Darlene Brazie, Bruce C. & Tandy A__ ---- Johnston, Patricia L. Robert & Colleen Hocking, Martin B. `Gonzalez, Menace Jr. & Lisa ._ ---_w._ Wood, Travis S. & Lorena S. _ F'3246 Noack, James &Noack, Joyce _ Rice, Russell B. 11 & Jeannie A. Harris, L _�_.__.._..._ Honeycutt, Clifford C. &Diana M. Norman, Richard E. --- Ozzie, LLC Williams, Mary A. _ Fletcher, Debra L. Edelmann - —_� Cox. Doyal Jr. & Dianna L. _. Grethen, Michael J. &Jessica M. ......:..... ..:.....:......,.,,-..r -: ::•c..y,a.aw..:a.•, •.,rnw Confidential _ 3456 2nd St., Vero Beach, FL 32968 3436 2nd SL, Vero Beach, FL 3,2968YesX-__ _ -_r___ 3406 2nd St., Vero Beach, FL 32968- 3376 2nd St., Vero Beach, FL 32968 13356 2nd 5t., Vero Beach, FL 32968 3336 2nd St., Vero Beach, FL 32968 3320 2nd St., Vero Beach, FL 32968.7,200.0 328_6 2nd St., Vero Beach, FL 32968 _ _ 2nd St., Vero Beach, FL 32968- -- 3226 2nd St., Vero Beach, FL .2988 3206 2nd St., Vero Beach, FL 32968 3485 2nd St., Vero Beach, FL 32968 3465 2nd St., Vera Beach, FC 32968 3395 2nd St., Vero Beach, FL 32968 � 3355 2nd St., Vero Beach, FL 32968 3335 2nd St., Vero Beach, FL 32968 3321 2nd St., Vero_ Beach, FL 32968_ _s;:r:..,...,.__ : va-`✓�.: Yes # Yes _.l__.___._ ...Y_..._.._._._ Yes Yes _ Yes No No _ ----Yes No Yes Yes I No Letter Returned (undeliverable �___ Yes _ Yes _ - Yes Yes .-fir r.- : ,' - ; ._.....----.._..__..._.f.._.-._______..__7,200.0_._ X X; X ' ` X- _...__. _ -� _ _X X-j�� Jr .X... l_ ---------� __ X X "--'7,�O�.�j 1 X sn.taaCVty!-.S I _ _ i 10,800.0 10,800.0 ` _.R...._. 10,800.0 10,800.0 7,200,0 7,200.0 14,400.0 _• 7,2oa.o ► ' "? M7,200 0 ! 200 0 7,200.0 � 0 -__,__ . .._.___0 _ 14,424,1 21,600.0 � " - i �-- 14,400.0 7,200. ; r" -' 7,200 0 i 14,400.0 21,600.0 3246 2nd St., Vero Beach, FL 2968 _ _ 3235 2nd St., Vero Beach, FL 32968 Total parcels - 20 (Total area 216,024.0 Sq. Ft. } Totals 75,600.0 140,424.0 Total responded to project support form -15 9 in favor, 6 not In favor Total letters returned -1 .Percent In favor based on Sq. Ft. Total that did not respond - 4 75,600 / 216,024 = 35.0% F:1Publie WorkMENGINEERING DIVISION PROJECTS\1525-2nd St Millings -32nd Ave to 35th Ar1DeslgnkAssessmenD1525 Project Support Responses Summary 7.1-18 1 D2» Tuesday, May 31, 2016» TREASURE COAST NEWSPAPERS e decedents estateon' WnBfYt"a' r.:.y oe made, afthis'meet—�' copyofthis notice isrequired Ing will need to ensure that to be served, must file their a verbatim record of the claims with this court ON proceedings Is nibde; which OR BEFORE THE LATER OF includes testimony and evi- 3 MONTHS AFTER THE TIME dence upon which the appeal OF THE FIRST PUBLICATION Is based. OF THIS NOTICE OR 30 DAYS AFTER -THE DATE OF SERVICE Anyone who needs a special OF A COPY OF THIS NOTICE accommodation for this ON THEM. meetlu must contact the All other creditors of the Countys Americans With decedent and other, persons Disabilities Act (ADA) Coor- having claims or' demands dinator at 772.226-1223 at against the decedent's least 48 hours in advance of estate must file their claims the meeting. with this court' WITHIN 3 ' MONTHS AFTER THE DATE INDIAN RIVER,COUNTY BOARD I' OF THE FIRST PUBLICATION OF COUNTY, COMMISSIONERS OF THIS NOTICE. BOB SOLARI, CHAIRMAN TALL CLAIMS NOT FILED WITH- Pub: May 24, 31, 2016 j f IN THE TIME PERIODS SET TCN 1100206 FORTH IN FLORIDA STATUTES SECTION 733.702 WILL BE INOTICE_.�`- FOREVER BARRED. NOTWITHSTANDING THE TIME 1 PERIODS SET FORTH,ABOVE, i ANY CLAIM FILED TWO (2) YEARS OR MORE AFTER THE ,DECEDENT'S DATE OF DEATH 1 IS BARRED. The date of first publication + ' of this notice is May 24, 2016. I. Personal_ Representative: 4, Maura T. Moloy 42 Berwick Rd. Newton Center, MA 02459 Attorneys for Personal Representative: RARY BUCHANAN, P.A. 759 SW FEDERAL HIGHWAY, SUITE 106 4 POST OFFICE ORAWER •24 I STUART, FL 34995 - •Telephone: (772) 287-2600 By: STEVEN D: BERES Florida Bar No. 032972 I Email Address: steve@c mr vb ucha nan. c o m Pub: May 24, 31, 2016 j TCN 1090174 PObIiG Notices NOTICE OF PUBLIC HEARING ON PROPOSED SPECIAL ASSESSMENT' ` NOTICE IS HEREBY GIVEN that I the Board of County Com- ) missioners of Indian River County, Florida, will conduct I a Public Hearing to consider 1 approving.a "ectal assess- ment protect in connection 'with asphalt mng improve- • mems to 2nd Street between 35th Avenue and 32nd,Ave- + nue in the Emerson Park Subdivision in Indian 'River - ` County, Florida. The Public Hearing will be held on Tuesday,- lune 7, 2016 at 9:05 a.m., or as soon there- 111 after as the matter may be heard, in the County Com - Mission, Chambers located on the first floor•of Building A of: the County Adminis- trative Complex, 1801 27th Street, Vero Beach, Florida 32960, at which time inter- ested parties may, be heard 1. with respect to the proposed project. Any proposed documents, Including the description of each property to be assessed and the amount to be assessed to,each prop- erty, may be ascertained + by tete public during, regular business hours (8:30 a.m. to ' 5:00 p.m., Monday through i Friday) at the Office of the Clerk to the Board of County ,4 Commissioners, located on e the second floor in Building A I. of the County Administratwe ,h Complex, 1801 27th Street, F Vero Beach, Florida. t ig Anyone who may wish to i St appeal any decision which L. .c 2-65-1 DEPARTMENTAL MATTERS . INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT & BUDGET TO: Members of the Board of County Commissioners DATE: July 12, 2016 SUBJECT: EMAIL ADDRESSES AND CONTACT INFORMATION PUBLISHED ON COUNTY WEBSITE FROM: Michael Smykowski Director, Management & Budget BACKGROUND At the BCC meeting of June 14, 2016, Commissioner Zorc requested and received board consensus to have staff explore the possibility of publishing County staff email addresses on the County Website. STAFF ASSESSMENT It has been the normal practice of the Computer Service Division to avoid publishing email addresses on the County website in an effort to avoid increased spam levels on the County email network. Sparnmers deploy programs called email harvesters that scour the intemet in search of email addresses to either spam or add to lists to sell to sparnmers: Hackers also send links in what look to be legitimate emails that if clicked could introduce Trojan viruses and other malicious viruses into the internal County computer network. There are several methods to mask published email addresses on websites using code or images but as with any computer security, it is difficult to stay ahead of attackers and spammers as they develop new technologies to infiltrate networks. Security is often a reactionary measure after the vulnerability has already been exploited by a new technology. The County currently publishes masked email addresses (images) for the County Commissioners and Administration Department. The County also publishes a staff phone directory at the top of each webpage and also department -level phone directories at each department webpage. Certain departments, namely Utilities and Emergency Services have specifically requested limiting staff contact information, including phone numbers, to ensure the routing of customers through the proper customer service channels. 266 OPTIONS 1. Change the main County contact page from a phone directory list to a page which lists each department's main phone number and a link to "Email this Department" which would open a secure contact form the user would fill out and press submit. That message would be delivered securely to the director's staff assistant or other department representative, as appropriate for routing to the proper staff to handle the topic of the email. The email form would use "Captcha" technology which requires the user to enter a series of numbers to validate a real person is filling out the form. Each department main webpage would also have an "Email this Department" link. The user would still have the option to view the phone directory from a link on the new contact page. 2. Add masked email addresses next to each employee phone number on the main phone directory. 3. Add just top-level staff masked emails to the main department web pages. 4. Keep just the commissioner and administration masked emails published as is. RECOMMENDATION Staff recommends that the Board of County Commissioners approve Option 1 as we feel it provides the best balance between strong security and providing the public with access to staff via email. ATTACHMENT Sample of Staff Contact Information Published by Surrounding Counties APPROVED AGENIJA ITEM: BY: J n 4 Brown CoVDpf Administrator FOR: July 12, 2016 Indian River County Administrator ApDP&&d a �, I Legal Budget S Department Risk Management 267 Sample of Staff Contact Information Published by Surrounding Counties Brevard County Phone directory, commissioner email addresses, and departmental level email addresses ("Email this Department") published. No staff level email addresses. Martin County Phone directory and all staff and commissioner email addresses published. St. Lucie County Department phone listing, contact form for commissioners, some department level email addresses, and some select staff level email addresses published. Volusla County Commissioner email addresses, county administration email addresses, directors and their staff assistants email addresses, service -level email addresses (licensing@... ImpactFees@... ) published. No other staff level email addresses. Seminole County Phone directory, commissioner email addresses, and departmental level email addresses, and a mix of select staff level email addresses (Some departments have while other do not) published. Orange County Department level email addresses and commissioner email addresses published. Okeechobee County Phone directory, all staff email addresses, and commissioner email addresses published. 2G$ INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka P.E., Public Works Director SUBJECT: Award of Bid No. 2016019 IRC Go -Line Transfer Hub 16th Street, Vero Beach DATE: June 30, 2016 DESCRIPTION AND CONDITIONS On April 14, 2015 the Board of County Commissioners approved the award of a design contract to Schulke, Bittle, and Stoddard, LLC., for the new Indian River County Go -Line Bus Transfer Hub Facility, to be constructed at 1235 16th Street, Vero Beach. The project has been designed, permitted, and bids to construct the project have been received. The project consists of a 1,732 square foot structure with bathrooms and open air waiting areas, 3,410 square feet of pre-manUfactureid aluminum structures providing covered walkways and shelterfor riders, and 1.60 acres of site improvements that include parking, lighting, landscaping, stormwater treatment and space to accommodate eight bus routes. The site plan also allows for building expansion if needed in the future. The project estimate provided by Schulke, Bittle, and Stoddard, LLC., for the building and site improvements and presented to the Board on April 14, 2015 totaled $981,446 for site improvements ($566,711), construction of the building ($368,000), and $46,735 for a 5% contingency. During the design process the estimated cost was increased by the Engineer to $1,120,362, which increased the building construction cost to $527,570 and the site improvements to $592,792. These adjusted costs included the covered walkway and bus shelters at each bus bay. A bid opening for the IRC Go -Line Transfer Hub was held on June 8, 2016. Two (2) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follow: Barth Construction, Inc. Vero Beach, Florida Bill Bryant & Associates, Inc. Vero Beach, Florida ',*: Denotes mathematical error was found and bid amount corrected. $1,780,074-06 $2,185,122.21 The available budget for the project is $1,183,000-50, which creates a funding shortfall of $597,073.56 to fund the entire project. Currently, Phil Matson, Community Development/MPO has been in contact with FDOT regarding the availability of additional funding for the project. FDOT has informed Phil Matson that grant funding is available in the form of a 50% match grant. F:\Pub)it; Works\ENGTNEERING DIVISION PROJECTSU330-GoLine Bus Transfer Hub Facilit3AAdmiMagenda items\BCC Agenda Memo Award of 269 Bid 1330 063016,doe Page 2 Award of Bid 2016019 BCC Agenda Item for July 12, 2016 Barth Construction, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $1,780,074.06. Barth Construction, Inc. has completed various construction projects within the County, and has consistently performed work in a satisfactory manner. Summary Due to a funding shortfall for the project, staff offers the following options to the Board for consideration; Option 1— Award the project to the low bidder and fully fund the project as bid - $1,780,074.06. Provide additional funding in the amount of $597,073.56 from Secondary Road Cash Forward, Account No. 109039- 389040. Option 2 — Delete line item 01000-16000-2 - Exterior Structures from both bids and award the project to the low bidder. Eliminating this line item removes the covered walkways and bus shelters at each bus bay. It should be noted that it will cost the County more than $287,000 to install the covered walkways and bus shelters in the future. The footingsfor the walkways and shelters cannot be installed with the current project as a manufacturer for the structures is part of the Contractors responsibility to obtain. As such, deleting this item and installing the structures at a later date will require the removal of sidewalks to allow the installation concrete footers. The current low bidder ($287,000 for this line item) would retain the lowest bid in the amount of $1,499,074.06. The second bidder ($461,328.25 forthis line item) would retain the second lowest bid in the amount of $1,723,793-996. For this option, additional funding in the amount of $310,073.56 is available from Secondary Road Cash Forward, Account No. 109039-389040. Option 3— Reject both bids, direct staff to analyze the current design to reduce costs, and report back tothe Board with an anticipated cost savings for redesign of the project. FUNDING Partial funding is budgeted and available from the following account: . 12420415-066510-10802 Account No MPO/Planning/Transit Hub Project ($1,183,000.50) RECOMMENDATION Staff recommends Option I to the Board, with the provision that a Notice to Proceed is not issued to the Contractor until grant funding from FDOT has been procured. With options 1 or 2, staff also recommends the Board approve the attached agreement and authorize the Chairman to sign after review and approval of the agreement and the public construction bond by the County Attorney as to form and legal sufficiency and after receipt and approval of the required insurance by the Risk Manager. F\Public Works\ENGINEERING DIVISION PROJECTS\1330-GoLine Bus Transfer Hub FaciIityWrnin\agcndaitems\BCC Agenda Memo Award of 270 Bid 1330 063016 (2).doc 'Page 3 Award of Bid 2016019 BCC Agenda Item for July 12, 2016 ATTACHMENTS Sample Agreement DISTRIBUTION Barth Construction, Inc. Bill Bryant & Associates, Inc. APPROVED AGENDA ITEM FOR: Iv 12- 20 q S By: Indian Myer County A pr,90J Date' Administration AY; -71( 110 Bud et Legal Purcha Public Works F:NPublic Works\ENGINEERING DIVISION PROJECTS\ I 330-GoLine Bus Transfer Hub Facility\Adm6agenda items\BCC Agenda Memo Award of Bid 1330 063016.doc 2-71' SECTION 00520 - Agreement (Public Warks) TABLE OF CONTENTS Title ARTICLEI - WORK.................................................................................................................................2 ARTICLE 2 - THE PROJECT..................................................................................................................2 ARTICLE3 - ENGINEER.......................................................................................................................2 ARTICLE4 CONTRACT TIMES .....................................................................................................2 ARTICLE 5 - CONTRACT PRICE.................:........................................................................................3 ARTICLE 6 - PAYMENT PROCEDURES..............................................................................................3 ARTICLE 7 - INDEMNIFICATION..........:............................................................................................5 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS:.....................................................................5 ARTICLE 9 - SUBCONTRACTORS........................................................................................................6 ARTICLE 10 - CONTRACT DOCUMENTS...........................................................................................6 ARTICLE 11- MISCELLANEOUS.........................................................................................................8 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] 00520 - Agreement (Public Warks) SAMPLE 272 00520-1 SECTION 00620 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Barth Construction, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE I -WORK 1.01 - CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The project includes enclosed and open air building to provide shelter, bathrooms, and storage. Bus / transit vehicle pick up / parking ,spaces, paved and secured parking for clients and operators. Also constructed will be a covered shelter for walkway / pickup area. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: County Project Number: Bid Number: Project Address: ARTICLE 3 - ENGINEER I.R.C. Go Line Transfer hub 1330 2016019 1161' Street East of Old Dixie, Vero Beach, FL 32960 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and Will act as OWNEF;Vs representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 1801t, 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 210th calendar day after the date when the Contract Times commence to run. 00520 - Agreement (Public Works) SAMPLE 00520-2 271 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed Within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,742.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or Mil to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER 1,742.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance With the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: $ Written Amount.* ARTICLE § -PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final 00520 - Agreement (Public Works) SAMPLE 274 00520-3 completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (112) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where. such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the Contractor shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) . after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6:02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such.event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. 00520 - Agreement (Public Works) SAMPLE 275 00520-4 ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance With paragraph 6.20 (IndemnXication) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified. in the Bidding Documents, B. CONTRACTOR has Visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar With and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports - of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary. examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, or.data are necessary for the performance of the Work at the Contract Price, Within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 00520 - Agreement (Public Works) SAMPLE 276 00520 - 5 CONTRACTOR has given ENGWER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 — SUBCONTRACTORS 9.01 CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists. 2. Ensuring that small and minority businesses, and women's. business enterprises are solicited whenever they are potential sources. 3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. 5. Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. ARTICLE 10 - CONTRACT DOCUMENTS 10.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-11 , inclusive); 2. Notice to Proceed (page 20550-1) 3. Public Construction Bond (pages Q0610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability. Insurance (page 00620-1)' 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. General Conditions (pages 00700-1 to 00700-44, inclusive); 7. Supplementary Conditions (pages 00800-i to 00800-11, inclusive); 8. Specifications as listed in Division 1 (General Requirements) and Division 2-16 (Technical Provisions). 9. Federal Transit Administration (FTA) Standard Contract Clauses (Section 00421) 10. Drawings consisting of the following: 00520 - Agreement (Public Works) SAMPLE 277 00520-6 CM-TRUCTiON DOCI NT NDEX: *W'� .� _1111._ ._......_._...... __._.. --•• --- ---._ � _ . C-0001 COVER SHM. 't,7-24-15 09-16-10 - ICI ._ .-_._:.....___...:. C-200 . �.. -05-!61 1111.._ 2 3 : 111-1at3 :6;_fls•-;6 ! , _ _ ; _ . _ .. __... _ C-YCi GE01M•eCNE.'C,01 PEPOR' ,V,O SOIL SlfRliY . ` OT -24-t6 ' 09-t6-tb•-�- -'-- C -SO C .. 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MEit SYSTEl6 PLAN 4 C6 -:,-)E • 00-16-15 � ?0• -M -1,"i- �'..• _ . .._ ...i OW}. 1pj !-20-1 r U.MlrlllC PLIL9 , . t Ge -2:= 6 CO-t6•d5 : to -0-15 , 01-05-16 ' I - • - -- _ . . { 11_.202 : !Y'7V PSAN ; ftJ-Zt-:b ;<9-10-13 , 10 -Cf 15 � r 1 f-490 : S'!151E-L1`EE OIAQtAEIS AKA SCIRDULES --_. `CS -1)-.S `C9 -Id -15 I t0-06.75 • .. ! .. _1_1,11. .. _ _._ . i"-40: i SYStaft Ram CIACRA16 i 011-21-15 ; CA -Ed -1S I LO -O6-16 00520-7 00520 - Agreement (Public Works) SAMPLE 278 11. Addenda (numbers 1 to 2, inclusive); 12. CONTRACTOR'S BID (pages 00310-1 to 00310-12, inclusive) 13. Bid Bond (pages 00420-1 inclusive), Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive), List of Subcontractors (page 00458-1 inclusive). 14. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive) 15. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive) 16. Certification of Non Segregation & Non Discrimination (page 00470-1) 17. Non -Collusion Affidavit (page 0472-1 18. Certification Regarding Lobbying (page 00474-1) 19. Certificate of Non Segregated Facilities (page 00491-1) 20. Drug Free Workplace Certification (page 00494-1) 21. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). 17. Contractor's Final Certificate of the Work (page 00632-1 to 00632-2 of the specifications) ARTICLE 11 -MISCELLANEOUS 11.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 11.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 11.03 Successors and Assigns 00620-8 00520 - Agreement (Public Works) SAMPLE 279 A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 11.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 11.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of F,16(ida. 11.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 199, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS 00520 - Agreement (Public Works) SAMPLE '280 00520-9 RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 Indian River County Office of the County Attorney 180127 1h Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [The remainder of this page was left blank intentionally] 00520 - Agreement (Public Works) SAMPLE 291 00520-10 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on 1 20 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). INDIAN RIVER COUNTY By: M , County Administrator APPROVED AS TO F RM AND LEGAL SUFFICIENCY: By: an Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) - Designated Representative: Name: Richard B. Szpyrka, P.E. Title: Public Works Director 1801 27th Street Vero Beach, Florida 32960 (772) 226-1221 Facsimile: (772) 778-9391 CONTRACTOR: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 00520 - Agreement (Public Works) SAMPLE 292 00520-11 DIAN RIVER COUNTY, FLORIDA RD+ DEPAI2TNEENTAL MEMORANDUM„ - TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka P.E., Public Works Director SUBJECT: Fellsmere Unmaintained Unpaved Roadways DATE: July 5, 2016 DESCRIPTION AND CONDITIONS On June 27, 2016 the Indian River County Board of County Commissioners held a Fellsmere Roads Workshop in the City of Fellsmere. The Board is considering the addition of certain unmaintained unpaved roadways to the maintenance responsibility of Public Works and directed staff to return to the Board on July 12, 2016 with a recommendation of roads for the Board to approve. The parameters of the recommendation were for staff to expand the existing grader route by six (6) to ten (10) miles to avoid the need to hire additional staff and purchase additional equipment. Staff was also to review this as a short term adjustment to the existing grader route to allow the maintenance to sunset in three (3) to five (5) years. This time frame will allow the Fellsmere Water Control District (FWCD) to obtain authority to become an Improvement District within this time frame. The Board indicated that the County would add this to our legislative agenda. At the workshop, staff presented the Board with background regarding the need to improve any unmaintained unpaved roadways to meet minimum roadway standards as part of expanding roadway. maintenance in unincorporated Fellsmere. Staff informed the Board that a majority of the unpaved roadways being considered for maintenance are not within County right-of-way or FWCD right-of-way. These roadways are on private property and presents legal issues with maintenance of unpaved roadways on private property. The presentation included information regarding the legal liabilities that the County could encounter from adding sub -standard roadways to the County maintenance program and raised concerns with regards to funding the proposed maintenance on roadways that are located on private property. The Florida Constitution limits the imposition of taxes and the expenditure of tax revenues to public purposes. in order to comply with this constitutional restriction, the Florida Attorney General has opined that a county may furnish road grading of private roads so long as payment for actual costs of such service is borne by the owners of the private roads. in the alternative, the Florida Attorney General has stated that the public must be granted the right to utilize such roads. Examples of establishment of such rights include granting of easements and dedication of rights-of-way. Per Board direction, staff has analyzed the unmaintained unpaved roadways within unincorporated Fellsmere. A list of unmaintained unpaved roadways that benefited the most residents was developed and staff evaluated each of the roadways to produce a cost for material to be used to fill/level/grade the unmaintained unpaved roadways within the existing footprint of the existing roadway. The estimated amount of stabilized material required is 4,700 cubic yards at a cost of $69,325. Staff also evaluated the need for material on the 30 miles of County maintained unpaved roadways in unincorporated Fellsmere and estimates that approximately 9,600 cubic yards of additional material is 2,83 C:lUsersVszpyrkalDcsktoplFellsmere Water Control District itoadwaysTellsmere Unpaved Road Agenda 074516.doc Page 2 Fellsmere Unmaintained Unpaved Roadways BCC Agenda Item for July 12, 2016 needed at a cost of $141,600, for a total cost of $210,925 for material to be utilized in unincorporated Fellsmere for roadway maintenance. It should be noted that staff has been approached by residentson the currently maintained roadways asking when additional material will be added to smooth and raise the roadway so that "mud holes" will not develop. Please be aware that the FWCD is responsible to provide material to the County for road maintenance and that material has not been provided by the FWCD for years. The following list is for the Board to consider for expansion of current grader route: Street Name West of 130th Ave Percentage AdditionalDeveloped Miles Total Parcels Developed Parcels 81st Street 36 25 69.44% 1.25 85th Street 39 18 46.15% 1.25 87th Street 35 11 31.43% 1.25 Street Name West of 141st Ave Total Parcels Developed Parcels 93rd Street 26 11 42.31% 1.4 95th Street 28 14 50.00% 1.4 Street Name West of CR 507 Total Parcels Developed Parcels 109th Street 19 4 21.05% 1.5 146th Avenue S. of 109th 4 2 50.00% 0.25 107th Street W. of 146th 12 5 41.67% 0.9 Total Miles Added = 1 9.2 284 C:\Users\rszpyrka\Desktop\Felismere Water Control District Roadways\Fellsmere Unpaved Road Agenda 070516.doc Page 3 Fellsmere Unmaintained Unpaved Roadways BCC Agenda Item for July 12, 2016 The 30 miles of roadway currently maintained by the County are graded on average once every 10 working days (two weeks). Based on this information, the addition of 9.2 miles of roadway will reduce the frequency of grading to approximately once every 14 working days (three weeks). If the recommended roadway list is approved for addition to the current grader route, the purchase of additional stabilization is approved to fill/level/grade the unmaintained unpaved roadways, and the revised agreement between the County and FWCD is complete, staff anticipates that it will take three months to complete the work necessary to establish a proper foundation for efficient grading of the added roadways. Staff must point out that this work will not address drainage as part of the proposed roadways to be maintained. FUNDING Funding for additional material is not budgeted in the current fiscal year, but is available from Secondary Road Cash Forward, Account No. 109039-389040. A.budget amendment will be necessary to provide funding in the amount of $210,925.00. RECOMMENDATION Staff does not recommend expanding the existing grader route to include any currently unmaintained unpaved roadways without improving the roadways to meet minimum standards to ensure public safety, addressing the legal issue regarding maintenance of private property, and addressing stormwater runoff onto private property. Based on direction from the Board at the June 27, 2016 workshop, staff offers the following to the Board for staff direction. Direct the County Administrator to add the unmaintained unpaved roadways outlined above to the current grader route in unincorporated Fellsmere, prepare a budget amendment for $210,925.00 to fund additional stabilized material for the unpaved roadways within unincorporated Fellsmere, and to prepare a revised agreement between the County and the FWCD as follows: a Update current agreement with Fellsmere Water Control District (FWCD) to indemnify and hold harmless Indian River County for all claims related to the drainage right -of way for access. 0 Update current agreement with FWCD to define roadway maintenance as maintenance of the FWCD access road for drainage canals/ditches. • Include in the agreement a requirement authorizing the direct discharge of untreated stormwater runoff from the unpaved roadways into the FWCD ditch system. • Update the current agreement to clarify the maintenance responsibilities for culverts and bridges within the FWCD right-of-way. • Update the current agreement to require the FWCD to pursue State approval for the Water Control District to become an Improvement District so that roadway maintenance will be the responsibility of the District to maintain. • Update the current agreement to add the roadways -listed above for maintenance for a three to five-year period. Once the revised agreement between the County and the FWCD is complete, staff can begin maintenance of the roadways listed above. C:\Users\rszpyrka\Desktop\Fellsmere Water Control District RoadmraysTeftmere Unpaved Road Agenda 070S16.doc Page 4 Fellsmere Unmaintained Unpaved Roadways BCC Agenda Item for July 12, 2016 ATTACHMENTS DISTRIBUTION APPROVED AGENDA ITEM Indian River County ApprOW4 Date Administration Budget Legal Public Works C:1Userslrszpyrka\DesktoplFellsmere Water Control District RoadwaysTellsmere Unpaved Road Agenda 070516.doc 286 Dylan Reingold, County Attorney William K. De$raal, Deputy County Attorney Kate pingolt Cotner, Assistant County Attorney ATTORNEY'S MATTER: 7112116 INDIAN RIVER COUNTY MEMORANDUM TO: The Board of County Commissioners FROM: William K. DeBraal – Deputy County Attorney DATE: June 27, 2016 ATTORNEY SUBJECT: Demolition Lien -- Lot 1, Albrecht Grove Subdivision The County has demolished dilapidated structures on the following parcel of property identified below: Property Owner Parcel Description Cost Hecto Bello 33-39-04-000013-0000-00001.0 $15,495.10 Lot 1, Albrecht Grove Subdivision 2025 45th Avenue, Vero Beach, FL 32960 The next step in the process is filing a lien against the property for the costs of demolition. In accordance with County Code Section 100.080, the Board passed Resolution No. 2016-037 to have the lien filed against the property for the costs incurred by the County in demolishing the unsafe structures. Notice of the proposed demolition lien was mailed to the parties in interest, and, pursuant to our code, each party in interest may now appear before the Board and be heard as to the amount of the proposed demolition lien. Approved for July 12, 2096 BCC Meeting Attorney's Matte- / —""–tCIUNTY ATTORNEY Indian River Co Appr d Date Admin. Q Co. Atty Budget Z Department i6, Risk Mgmt 1 287 Attached is 'the lien for the property that, if approved by the Board, will be recorded in the public records against the property. Also attached is the itemization of costs for the demolition. Costs associated with this item are recording fees for recording the lien in the public records at a cost of $10.00. Funds for this expenditure are available in the MSTU Fund/Road & Bridge/Other Contractual Services, Account No. 00421441-033490. The County Attorney's Office recommends the Chairman allow each party in interest for the property to address the Commission and be heard on the amount of the proposed lien concerning the property. Following any comments, staff recommends approval of the lien amount and authorization for the Chairman to sign the, lien for recordation in the public records. /nhm Attachments: Lien Itemization of costs for the demolition cc: Scott McAdam — Building Official 2 This document was prepared by and should be returned to: Indian River County Attorney's Office 1841 27"' Street Vero Beach, FL 32964 772-226-1425 AM THIS LIEN, filed the day of , 2016, by INDIAN RIVER COUNTY, a political subdivision of the State of Florida, pursuant to the authority of the Code of Indian River County, Section 403.08, Property Maintenance Code, for costs incurred by Indian River County, Florida, to remove nuisance structures from property located within Indian River County, and described as follows: Lot 1, ALBRECHT GROVE SUBDIVISION, according to the Plat thereof, recorded in Plat Book 3, Page 100, of the Public Records of Indian River County, Florida. Parcel No. 33-39-04-00008-0000-00001.0 The name of the record owner of the above-described property is: Hecto Bello THIS LIEN is filed against the real property to secure the payment of Fifteen Thousand Four Hundred Ninety -Five and 101100 Dollars ($15,495.10), for the cost of demolition and removal of the nuisance structures. THIS LIEN shall, from the date of filing, accrue interest at the rate of five percent (5.00%) per annum, until the total amount, including interest, has been paid. INDIAN RIVER COUNTY, FLORIDA By: Bob Solari, Chairman ATTEST: Jeffrey R. Smith, Clerk of Board of County Commissioners Circuit Court and Comptroller 0 Deputy Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER BCC approved: AP13aOVEl') AS ' (�, A?'!O 6dJri4:ia",.:,t�Y.. The foregoing instrument was acknowledged before me this day of , 2016, by Bob Solari, Chairman of the Board of County Commissioners of Indian River County, Florida, who is personally known to me. NOTARY PUBLIC: Signature: Printed name: Commission No.: Commission Expiration: SEAL: 289 COSTS FOR LIEN ATTACHMENT CALCULATIONS: Hecto, Bello 2025 451 Avenue INSPECTION REPORT ON PROPERTY $ 75.00 POSTING CONDEMNATION CARDS $ 75.00 OWNERSHIP & ENCUMBRANCE REPORT $ 75.00 PREPARING CERTIFIED NOTICES $ 45.00 POSTAGE CERTIFIED (4 @ $6.73) $ 26.92 INSPECTION BY BUILDING OFFICIAL $ 75.00 NOTICE TO OWNER OF BCC MEETING $ 45.00 POSTAGE — CERTIFIED MAIL (4 @ $6.73) $ 26.92 NOTICE TO OWNER OF BCC MEETING $ 45.00 POSTAGE — CERTIFIED MAIL (4 @ $6.73) $ 26.92 (meeting was cancelled — notice of cancellation) NOTICE TO OWNER OF BCC MEETING $ 45.00 POSTAGE — CERTIFIED MAIL (4 @ $6.46) $ 25.84 (re -scheduled meeting date notice) RECORDING FEES: - CERTIFICATE OF BUILDING OFFICIAL $ 10.00 - INTENT TO LIEN (RESOLUTION) $ 18-50 - NOTICE OF COMMENCEMENT $ 10.00 -ACTUAL LIEN $ 10.00 COSTS OF DEMOLITION $14,860.01 TOTAL COSTS: $16,495.10 2" CountvAttorneys Matters - B. CC 7.12.16 Office of INDIAN RIVER COUNTY Dylan Reuigold, County Attorney N illiam K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, .assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney Q� DATE: July 5, 2016 SUBJECT: Disposition of Real Property BACKGROUND ATTORNEY For counties, there are several statutory processes for disposal of real property. These include competitive bidding, private sales under limited circumstances, property exchanges, sales to government agencies or nonprofit organizations, and transfers for affordable housing purposes. Comnetitive Bid Pursuant to section 125.35(1), Florida Statutes, a county may convey real property to the highest and best bidder for the particular use the board deems to be the highest and best. Notice of a sale must be published once a week for at least two weeks in a newspaper of general circulation published in the county. The bid of the highest bidder complying with the terms and conditions set forth in such notice shall be accepted, unless the board rejects all bids because they are too low. The board may require a deposit to be made or a surety bond to be given, in such form or in such amount as the board determines, with each bid submitted. Approved for July 12, 2016 BCC Meeting County Attorney's Matters COUNTY ATTORNEY 1:-'AW,.>1dAdiaAAEy L;11 ofR-IPM,,rrydx Indian River Co. Ap ved Date Admin. 7 Co. Atty. Budget Department Risk Management 291 Board of County Commissioners July 5, 2016 Page Two Private Sale Pursuant to section 125.35(2), Florida Statutes, if a parcel of real property is of insufficient size and shape to be issued a building permit or when the value of a parcel of real property is $15,000 or less and is of use only to one or more adjacent property owners, the board may enter into a private sale of the parcel. The board may, after sending notice of its intended action to adjacent property owners, sell the parcel at private sale without receiving bids or publishing notice. However, if, within 10 working days after receiving such mailed notice, two or more adjacent property owners notify the board of their desire to purchase the parcel, the board shall accept sealed bids for the parcel from such property owners and may convey the parcel to the highest bidder or may reject all offers. Property Exchange Pursuant to section 125.37, Florida Statutes, the board may exchange real property, not needed for county purposes, for other real property, which the county may desire to acquire for county purposes. Before any exchange of real property, a notice, setting forth the terms and conditions of the exchange of property, must be published, once a week for at least two weeks, in a newspaper of general circulation published in the county, before the adoption by the board of a resolution authorizing the exchange of properties. Sale to Governmental Agencies or Nonprofit Organizations Pursuant to section 125.38, Florida Statutes, if a governmental agency or corporation or other organization not for profit which may be organized for the purposes of promoting community interest and welfare, desires any real property owned by any county then such entity may apply to the board for a conveyance of such real property. The board may convey the real property at a private sale to the applicant for at a price set by the board, regardless of the actual value of the real property. The board is required to adopt a resolution setting forth the purpose for which the property will be used and the price. Affordable Housing Pursuant to section 125.379, Florida Statutes, every three years each county is required to prepare an inventory list of all county owned real property that is appropriate for use as affordable housing. The board is .required to review the inventory list at a public hearing and then adopt a resolution that includes the inventory list of such property. The properties identified on the inventory list may be offered for sale with the proceeds used to purchase land for the development of affordable housing or to increase the local government funds earmarked for affordable housing, or may be sold with a restriction that requires the development of the property as permanent affordable housing, or may be donated to a nonprofit housing organization for the construction of permanent affordable housing. v: lArson+ey�lnnlaN3£TE7UL'b C ofP .l Prope O d6c 292 Board of Countj, Commissioners July 5, 2016 Page Three Alternative Procedures Pursuant to section 125.35(3), Florida Statutes, counties may dispose of real property through alternative procedures established by ordinance. On June 7, 2016, the Indian River County Board of County Commissioners (the "Board") directed staff to examine different options of alternative procedures to dispose of real property. At the June 7, .2016, Board meeting, the Board discussed the Citrus County ordinance on the subject. The Citrus County ordinance contains three alternative procures. The first is a minimum base bid. Under this process, a minimum base bid is determined by, 1) a written offer procured by a real estate broker; 2) an appraisal; or 3) an unsolicited written offer made by a prospective purchaser. After determining the minimum base bid, the county may elect to advertise for bids on the property. Upon receipt of the sealed bids, the property is sold to the bidder submitting the highest, qualified, responsive and best bid. The second process is what is the negotiated sale. The county is authorized through the negotiated sale process to use a licensed real estate broker or a public auction house. Any offer made to a licensed real estate broker for purchase of property is brought to the board of county commissioners in the form of a purchase agreement. For any real property dispositions made through public auction, the county establishes a base reserve for the property. The final process involves the request for proposals process. Under the request for proposal process, if the sale of the property was initiated in response to an unsolicited offer by a prospective purchaser then the offeror submits another proposal. If no other proposal is received, the original proposal shall be accepted, unless the original offer was deemed unacceptable and rejected before issuing the request for proposals. There are advantages to utilizing the minimum bid process. The process utilizes the traditional competitive bid process, but sets a minimum price. Thus, the process creates a level playing field with all bidders, like a traditional competitive bid, but establishes a minimum amount that the county would accept in order to sell the property, limiting the number of responses that would not be considered. There are advantages for utilizing an auction process. The auction is an accelerated real estate marketing process that involves the public sale of any property through open cry, competitive bidding. The benefits include 1) a time certain quick disposal which reduces long-term carrying costs such as maintenance, 2) competition among buyers, 3) elimination of showings, hosted by staff, and 4) no negotiation process. The auction process is also transparent. Using a real estate agent also has its advantages. A real estate agent can bring education and experience in obtaining fair value for property, as well as a list of potentially interested buyers. Real estate agents will also be motivated to complete the sale of the property. A real estate agent may also be able to bring back multiple offers to the Board to consider. Also by using a real estate agent the County is able to safe staff time in completing a sale. One disadvantage to utilizing a real estate agent is that even if a competitive bidding process is used to select a real estate agent of agents, there could be real estate agents who will be unsatisfied if not chosen. F.,Wrc 01.,, +CENERALId CC'.Agn+daAlrmoitAsposiNux ofRrd1'ir+perry.dnc 93 Board of County Commissioners July S, 2016 Page Four The request for proposal process may be advantageous when the Board is seeking to disposal of real property but in an innovative manner. The Board would probably only utilize this method in rare and unique circumstances. It is recommended that any proposed ordinance require that the particular method chosen be approved by the Board. FUNDING The costs associated with this item would include the costs of publication of the required public notice of this public hearing with respect to any proposed ordinance. Such cost would be funded from the County Attorney's Office budget within the General Fund (account number 00110214-033190). RECOMMENDATION The County Attorney recommends that the Board consider the options for alternative methods for the disposition of real property and determine whether to direct the County Attorney's Office to draft an ordinance incorporating some or all of the described options. F:''Ad-WuJnd.1GCVLUL1B c ci4gerufa,N—AU4 11j�nfR d Prnp,,(Xd c 294 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County ,attorney County Attorney'sMatters - B.C.C. 7.12.16 Of, Of 13 C INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners ATTORNEY FROM: Dylan Reingold, County Attorney DATE: July 5, 2016 SUBJECT: Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program BACKGROUND Per Section 951.26, Florida Statutes, in 1993, the Indian River County Board of County Commissioners (the "Board") established a public safety coordinating council. Per the statutes, the public safety coordinating council consists of the following individuals. 1. The state attorney, or an assistant state attorney designated by the state attorney. 2. The public defender, or an assistant public defender designated by the public defender. 3. The chief circuit judge, or another circuit judge designated by the chief circuit judge. 4. The chief county judge, or another county judge designated by the chief county judge. 5. The chief correctional officer. Approved for July 12, 2016 BCC Meeting County Attorney's Matters /,COUNTY ATTORNEY F. At& myZ;sWar,EAEK4L19 C f. W6erata Neeos NNk 8aJey Co iLdoe Indian River Co. Appro ed Dat Admin. Co. Atty. + Budget 7�b' Department --- --- Risk Management - -- 295 Board of County Commissioners July 5, 2016 Page Two 6. The sheriff, or a member designated by the sheriff, if the sheriff is not the chief correctional officer. 7. The state probation circuit administrator, or a member designated by the state probation circuit administrator, to be appointed to a 4 -year term. 8. The chairperson of the board of county commissioners, or another county commissioner as designee. 9. If the county has such program available, the director of any county probation or pretrial intervention program, to be appointed to a 4 -year term. 10. The director of a local substance abuse treatment program, or a member designated by the director, to be appointed to a 4 -year term. 11. Representatives from county and state jobs programs and other community groups who work with offenders and victims, appointed by the chairperson of the board of county commissioners to 4 -year terms. The public safety coordinating council assesses the population status of all detention or correctional facilities owned or contracted by Indian River County, and formulates recommendations to ensure that the capacities of such facilities are not exceeded. The public safety coordinating council also may develop a local public safety plan for future construction needs and a comprehensive local reentry plan that is designed to assist offenders released from incarceration to successfully reenter the community. Per section 394,657, Florida Statutes, each board of county commissioners was required to designate the county public safety coordinating council established under section 951.26, Florida Statutes, or designate another criminal or juvenile justice mental health and substance abuse council or committee, as the planning council or committee. The public safety coordinating council or other designated criminal or juvenile justice mental health and substance abuse council or committee, in coordination with the county offices of planning and budget, is required to make a formal recommendation to the board of county commissioners regarding how the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program may best be implemented within a community. Linder the statute, the board of county commissioners may assign any entity to prepare the application on behalf of the county administration for submission to the Criminal Justice, Mental Health, and Substance Abuse Statewide Grant Review Committee for review. In 2414, section 394.657, Florida Statutes, was amended to require additional members to the designated planning council or committee. The following is the list of members required. 1. The state attorney, or an assistant state attorney designated by the state attorney. 2. A public defender, or an assistant public defender designated by the public defender. 3. A circuit judge designated by the chief judge of the circuit. FA4nM ryiV"W*ENDWV8 CCNymdaA'-1ePWb1k lgfdy C.."4x 196 Board of County Commissioners July 5, 2016 Page Three 4. A county court judge designated by the chief judge of the circuit. 5. The chief correctional officer. 6. The sheriff, if the sheriff is the chief correctional officer, or a person designated by the sheriff. 7. The police chief, or a person designated by the local police chiefs association. 8. The state probation circuit administrator, or a person designated by the state probation circuit administrator. 9. The local court administrator, or a person designated by the local court administrator. 10. The chairperson of the board of county commissioners, or another county commissioner designated by the chairperson, or, if the planning council is a consortium of counties, a county commissioner or designee from each member county. 11. The director of any county probation or pretrial intervention program, if the county has such a program. 12. The director of a local substance abuse treatment program, or a person designated by the director. 13. The director of a community mental health agency, or a person designated by the director. 14. A representative of the substance abuse program office and the mental health program office of the Department of Children and Families, selected by the substance abuse and mental health program supervisor of the district in which the county is located. 15. A primary consumer of mental health services, selected by the substance abuse and mental health program supervisor of the district in which the primary consumer resides. If multiple counties apply together, a primary consumer may be selected to represent each county. 16. A primary consumer of substance abuse services, selected by the substance abuse and mental health program supervisor of the district in which the primary consumer resides. If the planning council is a consortium of counties, a primary consumer may be selected to represent each county. 17. A family member of a primary consumer of community-based treatment services, selected by the abuse and mental health program supervisor of the district in which the family member resides. 18. A representative from an area homeless program or a supportive housing program. 19. The director of the detention facility of the Department of Juvenile Justice, or a person designated by the director. F:� Wn"WLL-A�GE'VF"va CCllgenlo.NrrrK.slPeDlk Sq*YC—W11. 0, 2197 Board of County Commissioners July 5, 2016 Page Four 20. The chief probation officer of the Department of Juvenile Justice, or an employee designated by the chief probation officer. Per section 394.657, Florida Statutes, the chairperson of the Board or another county commissioner, if designated, shall serve as the chairperson of the planning council or committee until a chairperson is elected from the membership. Per Resolution 2011-072, the Board appointed the County Attorney to monitor various committee terms. One of those committees includes the public safety coordinating council established per Section 951.26, Florida Statutes. The County Attorney's Office requests authorization from the Board to include this committee as part of those being monitored by the County Attorney. Please note that many of these positions are either appointments due to official positions or selected by outside entities. As noted above, the public safety coordinating council will be required to make a formal recommendation to the Board regarding how the Criminal Justice, Mental Health, and Substance Abuse Reinvestment Grant Program may best be implemented within Indian River County. On June 14, 2016, the Department of Children and Families, Office of Substance Abuse and Mental Health released a request for applications for grants pertaining to the public safety coordinating council. There are planning grants which include a maximum of $100,000 per county for a 12 -month project period and implementation and expansion grants for a maximum of $1,200,000 per county for a project period of 36 months. A mandatory notice of intent to submit an application is due on July 19, 2016. Applications are due September 21, 2016. A copy of the application package is attached. FUNDING Staff anticipates that the costs of monitoring the committee and submitting a letter of intent to be minimal. If the Board decides to apply for a grant, local matching finds are required and grant funding will not be awarded unless the applicant makes available resources in an amount equal to the total amount of the grant. The grant application indicates that for implementation and expansion grants only, a cash match of five percent in the first program year, ten percent in the second program year and 15 percent in the third program year is required and the balance of the match may be in-kind. The grant application indicates that a cash match is not required for planning grants. RECOMMENDATION The County Attorney's Office recommends that the Board authorize the County Attorney to monitor the membership of the public safety coordinating council consistent with the requirements of section 394.657, Florida Statutes. The County Attorney also recommends that the Board decide whether it wishes to file, or authorize an entity to file on its behalf, a notice of intent to submit an application by the July 19, 2016 deadline. ATTACHMENT Application Package F".lrromryVlndulGEAiFAL�B C CWe-da Af-00 WX SoJrty Cftwild. 274 RFA06H16GS1 [E P A Sp=a 1 w;y CRIMINAL JUSTICE, MENTAL HEALTH, AND SUBSTANCE ABUSE REINVESTMENT GRANT Request for. Applications GRANT # RFA06H16GS1 Commodity Codes: 912050, 912110, 912140, 912170, 913180, 913311 Department of Children and Families Office of Substance Abuse and Mental Health 1 290 Dylan Reingold, Count} Attorne}° William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant Count}- .\ttorney Of lice 0� f INDIAN MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: July 7, 2016 Counti, Attot-ney> s Walters - B.C.C. 7.12. 16 RIVER COUNTY SUBJECT: Indian River County v. Turner Construction Company et al. BACKGROUND ATTORNEY EMERGENCY ADDITION JULY 12, 2016 County Attorney Matters 13E On July 7, 2016, the parties in the above -referenced case attended mediation. At the conclusion of mediation, the parties entered into a mediation settlement agreement (the "Agreement"). In the Agreement, the defendants agreed to pay Indian River County (the "County") collectively $1.2 million. In the Agreement, the County agrees to release all defendants from any claims, latent or patent, known or unknown, arising out of or relating to the lawsuit. Additionally, the County will agree to take reasonable efforts not to disparage the other parties. RECOMMENDATION The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the Agreement and authorize the chair to sign any and all documents necessary to effectuate the Agreement. ATTACHMENT July 7, 2016 Mediation Settlement Agreement Approved for July 12, 2016 BCC Meeting County Attorney's Matters f COUNTY ATTORNEY '.M— F..ne. La» ti'errlemeur .4greemenr dre Indian River Co. Appqved Date Admin. b Co. Att Budget AYS 17, Y16 Department --- --- Risk Management --- - - 34-0-1 INDIAN RIVER COUNTY, a political subdivision of the State of Florida, Plaintiff, VS. IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT 1N AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO.: 312011CA002999 TURNER CONSTRUCTION COMPANY, a New York corporation; DONADIO AND ASSOCIATES, ARCHITECTS, P.A., a Florida corporation; ANTHONY J. DONADIO, an individual; SOPREMA, INC., an Ohio corporation; SUN SKY ROOFING, LLC, a dissolved Florida limited liability company TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, a Connecticut insurance company; FEDERAL INSURANCE COMPANY, an Indiana insurance company; AND ZURICH AMERICAN INSURANCE COMPANY, New York insurance company, Defendants. TURNER CONSTRUCTION COMPANY, a New York corporation Cross -Plaintiff, vs. DONADIO AND ASSOCIATES, ARCHITECTS, P.A., a Florida corporation, SOPREMA, INC., an Ohio corporation and SUN SKY ROOFING, LLC, a dissolved Florida limited liability company. Cross -Defendants 390- � CASE NO.: 312011 CA002999 JULY 7, 2016 MEDIATION SETTLEMENT AGREEMENT THIS MEDIATION SETTLEMENT AGREEMENT, dated July 7, 2016, was made and entered into by and between INDIAN RIVER COUNTY ("Plaintiff") and TURNER CONSTRUCTION COMPANY, DONADIO AND ASSOCIATES, ARCHITECTS, P.A. and ANTHONY J. DONADIO, individually (collectively referred to as "DONADIO"); SUN SKY ROOFING, LLC; SOPREMA, INC.; TURNER CONSTRUCTION COMPANY; TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, FEDERAL INSURANCE COMPANY, and ZURICH AMERICAN INSURANCE COMPANY AND THEIR RESPECTIVE INSURERS ("Defendants") (Plaintiff and Defendants are collectively referred to as "the Parties"). PURPOSE The Parties to this Settlement Agreement (the "Agreement") acknowledge that the purpose of this Agreement is to memorialize the resolution of all disputes of whatever nature asserted by and between the Parties arising out of or relating to litigation styled above, including contractual indemnity and additional insured claims by any party. AGREEMENT Plaintiff and Defendants agree as follows: 1. SETTLEMENT SUM. Defendants, or through its insurer(s), agree to pay to Plaintiff within thirty (30) days from the date of this Agreement the sum of One Million Two -Hundred Thousand ($ 1,200,000) (the "Settlement Sum") as follows: Sun Sky Roofing, LLC to pay Plaintiff the Sum of $330,000 Soprema, Inc. to pay Plaintiff the Sum of $330,000 Donadio to pay Plaintiff the Sum of $290,000 Turner Construction Company to pay Plaintiff the Sum of $250,000 as full and final settlement of the disputes between the parties, pending approval by the Indian River County Board of County Commissioners. The Settlement Sum shall be made payable to: Indian River County" by check or wire transfer. 2. PAYMENT DEFAULT. In the event of a default of payment of the above Settlement Sum by either Defendant, upon the expiration of a further five (5) day grace period along with written notice of default provided to counsel for the defaulting Defendant, Plaintiff shall thereafter file a Motion for Entry of Default Judgment with the Court, together with a Notice of Hearing to Counsel for the defaulting Defendant, and thereafter with an Affidavit of Non-payment filed with such Motion, signed and notarized by Plaintiff, obtain a Final Judgment only against the defaulting Defendant, with credits given for any partial payments made, along with fees and costs incurred only related directly to such default proceedings. 2 CASE NO.: 312011 CA002999 3. ATTORNEY'S FEES and MEDIATOR COSTS. Other than in the event of a default under Paragraph (2), all parties are to bear their own attorneys' fees and costs incurred in this Action and equally share the cost of the mediator ( 1/5 share each party). 4. RELEASE. Other than with respect to the payment obligations contained herein, the parties do, as to one another (including any and all insurers of the parties), release each other from any and all claims, demands, and damages, whether arising out law or equity, and whether previously asserted or unasserted, known or unknown, latent or patent, arising out of or relating to the above action. This includes contractual indemnity and additional insured claims. Plaintiff shall execute any additional release instruments which may be required by either insurer of Defendants, so long as not inconsistent with the scope of this Paragraph. 5. AGREEMENT COMPROMISES DISPUTED CLAIMS. This Agreement is made and entered by the parties as a compromise of disputed claims between them. None of this Agreement, the payment provided by it, nor any document, pleading or paper prepared and signed pursuant to the provisions of this Agreement shall constitute or be construed or asserted as an admission of liability on the part of any party. The parties expressly acknowledge and agree that all claims asserted or unasserted between them have been fully and amicably resolved, and all reasonable efforts shall be made by the Parties not to disparage one another. 6. GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. 7. JURISDICTION AND VENUE. Any and all legal actions arising from or relating to this Agreement shall be commenced in the Court of this action. The Court shall reserve jurisdiction solely to enforce the terms of this Agreement. 8. DRAFTING OF THE AGREEMENT. The parties participated in the drafting of this Agreement and/or had it reviewed by competent counsel. Accordingly, no presumption shall be given in favor of: or against, any party in interpreting this Agreement and the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. 9. SEVERABILITY. If any provision of this Agreement is found to be unenforceable, the remaining provisions hereof shall nevertheless be carried into effect. 10. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement and understanding of the parties hereto, supersedes any prior agreement between the parties, whether written or oral, and may not be changed, altered or modified except in writing and executed by the parties hereto. Each party acknowledges that no representation, inducement, promises or agreements, orally or other -wise, was made by any party, or anyone acting on behalf of any party, unless such representation, inducement, promises or agreements are embodied in this Agreement. 11. REPRESENTATION BY COUNSEL. Each party was represented by independent counsel in this matter or had the opportunity to consult with independent counsel. Furthermore, the parties obtained advice from said counsel concerning the meaning, scope and effect of this Agreement, or voluntarily waived such an opportunity. 3 3 M . y CASE NO.: 312011 CA002999 12. AUTHORIZATION AND AUTHORITY. Each party represents and warrants to the other that, subject to the provisions of paragraph 15 below, (a) it is duly authorized and competent 1040W to execute this Agreement, (b) it has all necessary corporate power and authority to enter into this Agreement and to perform the agreements contained in this Agreement, and (c) the person signing this Agreement on behalf of such party is authorized to execute and deliver this Agreement on behalf of such party. 13. SECTION HEADINGS. The section headings contained in this Agreement are descriptive only and shall not be used to interpret, expand, modify, explain or limit any of the provisions of this Agreement. 14. DISMISSAL OF ACTION. Upon the timely receipt and clearance of payments due pursuant to Paragraph I above, counsel for Plaintiff and non -defaulting Defendant(s) shall thereupon file their Joint Notice of Voluntary Dismissal with prejudice, with each party to bear its respective attorneys' fees and costs. 15. PUBLIC AGENCY APPROVAD. This entire Mediation Settlement Agreement is expressly conditioned upon it's approval by the plaintiff, Indian River County, by vote duly taken at the first available meeting for the Board of County Commissioners. All counsel for the Plaintiff agree that they shall unanimously recommend approval of this agreement and in particular the SETTLEMENT SUM set forth in paragraph I above to the Board of County Commissioners. ,,,gned below on behat(of Indian River County: Attorney for Indian River County Lewis W. Murphy, Jr., Esq. Attorney for Indian River County Casey Walker, Esq. cwalker@mMhMalker.com ,.. Corney for Indian River County Dylan Reingold, Esq. 4 dreingoldgircgov.com Signed below on behatf of Suit Sky Roofing, LLC: Attornfor Sun Sky Roofing, LLC Douglas I. Wall, Esq. DWalla,cmwblaw.m Attorney for Sun Sky Roofing, LLC Gary Baumann, Esq. gbaurn,aAn jgIgg,aegal.com Representative of Sun Sky Roofing, LLC Authorized Representitive on behalf of Soprema, Inc. Atto)�eyjor Soprema, Inc. Howdid Randal Brennan, Esq. hrb@veroattomeys.com / Soprema, Represenative 0 CASE NO.: 312011 CA002999 CASE Na.: 312011 CA002999 Attorney for Donadio and Associates, Architects, P.A. and Anthony J. Donadio James F. Sposato, Esq. isposato@ritterchusid.com Signed below on bbehhaalf of Turner Construction Company Representative of Turner Construction Company Dean Cola dcola@tcco.com 7rn-"Ry'jor Turner Construction Company n D. Salvin, Esq. vina.necklawxom 6 3q0 _I RFA06H16GS1 Table of Contents SECTION1 INTRODUCTION................................................................................................................... 4 1.1 STATEMENT OF NEED AND PURPOSE....................................................................................................... 4 1.2 MANDATORY QUALIF►CA 77ONS.................................................................................................................. 4 1.3 FUNDING.........................................................................................................................................................4 1.4 LOCAL MATCH REQUIREMENTS ................................................................................................................. 5 1.5 TARGET POPULATION.................................................................................................................................. 5 1.6 DEFINITIONS .................................................................................................................................................. 5 SECTION 2 SCOPE OF GRANT ACTIVITIES......................................................................................... 8 2.1 PROGRAM SPECIFICATIONS .......................................................................................................................8 2.2 OBJECTNESAND TASKS............................................................................................................................ 9 2.3 SUSTAINABILITY.........................................................................................................................................11 2.4 PERFORMANCE MEASURES...................................................................................................................... 11 2.5 DELIVERABLES...........................................................................................................................................12 2.6 Documentation and Reporting....................................................................................................................12 2.7 METHOD OF PAYMENT...............................................................................................................................14 2.8 FINANCIAL CONSEQUENCES....................................................................................................................14 2.9 RETURN OF FUNDS.....................................................................................................................................14 SECTION 3 GRANT SOLICITATION AND EVALUATION PROCESSES..............................................15 3.1 CONTACTPERSON.....................................................................................................................................15 3.2 LIMITATIONS ON CONTACTING THE DEPARTMENT...............................................................................15 3.3 SCHEDULE OF EVENTS AND DEADLINES................................................................................................15 3.4 MANDATORY NOTICE OF INTENT TO SUBMIT AN APPLICATION.........................................................16 3.5 OBTAINING A COPY OF THE REQUEST FOR APPLICATIONS................................................................ 16 3.6 DIRECTIONS FOR SUBMITTING AN APPLICATION..................................................................................16 3.7 APPUCA77ON FORMATTING INSTRUCTIONS..........................................................................................17 3.8 APPUCA77ON COMPONENTS....................................................................................................................17 SECTION 4 APPLICATION REVIEW CRITERIA AND METHODOLOGY..............................................22 4.1 REVIEW METHODOLOGY........................................................................................................................... 22 4.2 MANDATORY CRITERIA AND CORRECTION ............................................................................................ 22 4.3 REVIEW CRITERIA....................................................................................................................................... 22 4.4 GRANT REVIEW COMMITTEE...................................................................................................................... 22 4.5 SELECTION OF APPLICANTS FOR AWARD............................................................................................. 23 2 300 RFA06H16GS1 4.6 DEPARTMENT'S RESERVED RIGHTS........................................................................................................ 23 4.7 NOTICE OF GRANT AWARD....................................................................................................................... 23 4.8 FORMAL APPEALS...................................................................................................................................... 24 APPENDIX A -STRATEGIC PLAN FORMAT............................................................................................25 APPENDIX B - GUIDANCE FOR INCORPORATING EVIDENCE -BASED OR BEST PRACTICES ......... 27 APPENDIX C - COVER PAGE FOR GRANT APPLICATION....................................................................29 APPENDIX D - STATEMENT OF MANDATORY ASSURANCES.............................................................30 APPENDIX E - MATCHING FUNDS...........................................................................................................31 APPENDIX F - LIST OF FISCALLY -CONSTRAINED FLORIDA COUNTIES............................................33 APPENDIX G - BUDGET INSTRUCTIONS................................................................................................34 APPENDIX H - COMMITMENT OF MATCH DONATION FORMS.............................................................36 APPENDIX I -MATCH COLLECTION SUMMARY REPORT......................................................................38 APPENDIX J CHECKLIST OF MANDATORY APPLICATION CRITERIA...............................................39 APPENDIX K - CRIMINAL JUSTICE, MENTAL HEALTH & SUBSTANCE ABUSE REINVESTMENT GRANT PLANNING COUNCIL OR COMMITTEE 40 APPENDIX L - NOTICE OF INTENT TO SUBMIT AN APPLICATION.......................................................41 301 RFA06H16GS1 SECTION 1 INTRODUCTION 1.1 STATEMENT OF NEED AND PURPOSE The Criminal Justice, Mental Health, and Substance Abuse (CJMHSA) Reinvestment Grant Program (Program) was created by the 2007 Florida Legislature by s. 394.656, F.S., and is housed within the Department of Children and Families (Department). The purpose of this Request for Applications (RFA) is to provide funding under the Program to counties which they may use to plan, implement, or expand initiatives that increase public safety, avert increased spending on criminal and juvenile justice systems, and improve the accessibility and effectiveness of treatment services for adults and juveniles who have a mental illness, substance abuse disorders, or co-occurring mental health and substance abuse disorders, who are in, or at risk of entering, the criminal or juvenile justice systems. 1.2 MANDATORY QUALIFICATIONS Pursuant to s. 394.656, F.S., a county or consortium of counties, or a not-for-profit community provider or managing entity designated by the county planning council or committee (Applicant), as described s. 394.657 F.S., may apply for a 1 -year Planning Grant or a 3 -year Implementation or Expansion Grant. The Applicant must comply with all requirements listed in s. 394.658, F.S. An application submitted by a consortium of counties must clearly designate a lead county. A not-for-profit community provider or managing entity applying for a Planning or an Implementation or Expansion Grant must submit a letter certified by the county planning council or committee designating them to apply for the RFA on behalf of the county. Pursuant to s. 394.657 F.S., for each Applicant, the Board of County Commissioners must designate the county Public Safety Coordinating Council established under s. 951.26, F.S., or it must designate another criminal or juvenile justice mental health and substance abuse council, or committee, as the planning council or committee for the Program. The Public Safety Coordinating Council or other designated criminal orjuvenile justice mental health and substance abuse council, or committee, in coordination with the county offices of planning and budget, must make a formal recommendation to the board of county commissioners regarding how the Program may best be implemented within a community. Counties forming a consortium may use a regional Public Safety Coordinating Council or another county -designated regional criminal or juvenile justice mental health and substance abuse planning council or committee for the geographic area represented by the member counties. If a council or committee other than the Public Safety Coordinating Council is used for this purpose, its membership must include all persons identified in s. 394.657(2)(a), F.S. (See Appendix K, Planning Council or Committee Form). 1.3 FUNDING This solicitation will support two types of grants. Applicants may seek only one type of grant in response to this RFA. Applicants may seek funding that is less than the maximum limits set for each type of grant. Applicants must build their application budgets based on the amount of state grant funds requested, as dictated in the grant maximums in this section, plus the percent of matching funds required (see Local Match Requirements, Section 1.4). 1.3.1 Planning Grants Grant Maximum: $100,000 per county. Project Period: 12 months Counties forming a consortium may request $15,000 for each additional county (i.e. if three counties form a consortium, the grant maximum would be $130,000, if there are four counties in the consortium, the grant maximum would be $145,000). This grant will not be awarded unless the Applicant makes available resources in an amount equal to the total amount of the grant (see Local Match Requirements, Section 1.4). Grant funding must be spent within 12 months from date of award letter. Planning grants will not be renewed at the end of the one-year grant period. 4 302 MI iTO,1.9i[:�e i1 1.3.2 Implementation and Expansion Grants Grant Maximum: $1,200,000 per county. Project Period: 36 months The maximum allowable grant award per county is $1,200,000 total for the 36 month period (i.e. $400,000 per year). Counties forming a consortium may request $100,000 for each additional county, per fiscal year (i.e., if three counties form a consortium, the grant maximum would be $600,000 per fiscal year, if four counties form a consortium, the grant maximum would be $700,000 per fiscal year). This grant will not be awarded unless the Applicant makes available resources in an amount equal to the total amount of the grant (see Local Match Requirements, Section 1.4). Grant funding must be spent within 36 months from date of award letter. Implementation and Expansion Grants will not be renewed at the end of the three-year grant period. 1.3.3 Program funding is contingent upon the availability of funds pursuant to an appropriation by the legislature. There shall be no duplication of funding for those applicants who are awarded funding for a Central Receiving System (CRS) Grant. 1.3.4 Program funds must be leveraged with federal, county or other state dollars, or private foundation grants. 1.4 LOCAL MATCH REQUIREMENTS Local matching funds are required under this Program and grant funding will not be awarded unless the Applicant makes available resources in an amount equal to the total amount of the Grant according to the following stipulations: For Implementation and Expansion Grants only, a cash match of five percent in the first program year, ten percent in the second program year and 15 percent in the third program year is required and the balance of the match may be in- kind. A cash match is not required for Planning Grants, For Applicants considered to be a fiscally constrained county, or a consortium of fiscally constrained counties, as defined in Section 1.6, local matching funds must be at least 50 percent of the total amount requested in the application. For fiscally constrained counties, no cash match is required. If an Applicant.is a combination of fiscally -constrained county(ies) and non -fiscally -constrained county(ies), this will not alter the statutorily required percentages of matching funds for each. Additional details on matching funds requirements can be found in Appendix E. 1.5 TARGET POPUiATION, For this funding cycle, the Department has identified two potential Target Populations, Adults and Youth, as defined in Section 1.6. Applications for funding can focus on either, or both, population(s) and must demonstrate collaborative efforts between criminal justice and behavioral healthcare systems as well as the involvement of all relevant stakeholders. Funding must be used for interventions designed to shift the identscation, care and treatment of the Target Population from the criminal or juvenile justice system to the behavioral healthcare system. 1.6 DEFINITIONS The following definitions apply to the terms of this solicitation: 1.6.1 Applicant. A county or consortium of counties, or a not-for-profit community provider or managing entity designated by the county planning council or committee, as described s. 394.657, F.S., submitting an application in response to this RFA. 1.6.2 At -Risk of Involvement In the Criminal or Juvenile Justice System. For adults, individuals who have "at -risk" factors associated with possible criminal behavior, including: homelessness and other unstable living situations, history of victimization or abuse, significant transitions such as a recent release from jail or re- entry to the community from prison, and history of involvement in the criminal justice system. For youth, individuals who have 'at-risk"factors associated with possible delinquent behaviors that can lead to involvement in the juvenile justice system, including individual factors (e.g. a child's impulsivity, tendency toward aggressive behavior); family factors (e.g. a history of parental or caregiver abuse, or weak supervision); peer group factors (e.g. a social group that encourages or tolerates the occurrence of crime); school -related factors (e.g. poor 30 =r• ft`4M academic performance); and, community factors (e.g. a community that is disorganized and offers few alternatives to crime as a source of money or activity), 1.6.3 Crisis Intervention Team (CIT). A first responder model that provides law enforcement -based crisis intervention training for assisting individuals with a mental illness experiencing a behavioral healthcare crisis. 1.6.4 Consortium of Counties. Two or more counties working collaboratively to apply for and implement the Program. 1.6.5 Department. An abbreviated version of the full title of the Florida Department of Children and Families. 1.6.6 Diversion Program. A program that seeks to divert individuals with mental illness, substance abuse disorders or co-occurring disorders from the criminal or juvenile justice system and links them to community- based services and supports in order to address root causes of criminal behavior through effective intervention, 1.6.7 Evidence -Based Programs and Practices (EBP). A program or intervention that complies with the terms of Managing Entity Program Guidance 1— Evidence Based Guidelines, available at: http:l/www.myfffamilies.com/service-programs/substance-abuse/managing-entities/2016-contract-docs 1.6.8 Fiscally Constrained County. A county that is entirely within a rural area of opportunity as designated by the Governor pursuant to s. 288.0656, F.S., or a county for which the value of a mill will raise no more than $5 million in revenue, based on the taxable value certified pursuant to s. 1011.62(4)(a)l.a. F.S., from the previous July 1, shall be considered a fiscally constrained county (s. 218.67(1), F.S.). See Appendix F for the list of 29 counties that currently meet this designation. 1.6.9 Grantee. Applicants awarded Program funding as a result of this RFA. 1.6.10 Procurement Manager. A Department employee designated by the Director of the Office of Substance Abuse and Mental Health to manage the process of awarding the CJMHSA Reinvestment Grant according to the criteria outlined in this RFA. 1.6.11 Program. The abbreviated version of the full title of the Criminal Justice Mental Health and Substance Abuse Reinvestment Grant Program. 1.6.12 Recovery Oriented Services. Recovery -oriented services include, but are not limited to, peer recovery coaching, employment assistance, child care, care coordination and housing support. In a recovery oriented system of care, recovery oriented services are offered in conjunction with a menu of traditional treatment services. 1.6.13 Sequential Intercept Mapping. A process for reviewing a local community's mental health, substance abuse, criminal justice, and related systems and identifying points of interceptions where interventions may be implemented to prevent an individual with a mental illness or substance abuse disorder from entering further into the criminal justice system. 1.6.14 Strategic Plan. A document that is the result of a formal systemic and stakeholder planning process that documents participation by stakeholders; is data and research driven; establishes a path to the accomplishment of prioritized goals and objectives; and describes an intended outcome and measurable targets of achievement. If the Applicant participated in Sequential Intercept Mapping, the document produced as a result of that mapping can serve as the Strategic Plan. 1.6.15 Supplant or Supplanting. The displacement of funds that previously would have been used by an Applicant to accomplish the same work as the approved grant funds. 1.6.16 Sustainability. The capacity of the Applicant and its partners to maintain the service coverage, developed as a result of this grant, at a level that continues to deliver the intended benefits of the initiative after the financial and technical assistance from the Department is terminated. 11 304 RFA06H16GS1 1.6.17 Target Population. The selected category of individuals for which the Applicant intends to develop and focus Program activities, further defined as follows: 1.6.18.1 Adults. Persons age 18 or older who have a mental illness, substance abuse disorder, or co-occurring mental health and substance abuse disorders and who are in, or at risk of entering, the criminal justice system. 1.6.18.2 Youth. Persons age 17 or younger who have a mental illness, substance abuse disorder, or co-occurring mental health and substance abuse disorders and who are in, or at risk of entering, the juvenile or criminal justice systems. <<< The remainder of this page is Intentionally left blank >>> 305 RFA06H16GS1 SECTION 2 SCOPE OF GRANT ACTIVITIES 2.1 PROGRAM SPECIFICATIONS 2.1.1 The Program requires the selection of the Target Population, either Adult, Youth, or both as previously defined. If serving both Target Populations, Applicants must demonstrate the capacity to serve the identified populations simultaneously. 2.1.2 The Program requires the implementation of one of the following types of service models. Projects should focus on diverting members of the Target Population from arrest, prosecution, or incarceration to treatment and support services: 2.1.2.1 Evidence -based programs (i.e., Assertive Community Treatment, Supported Employment, Modified Therapeutic Community, Permanent Supportive Housing); 2.1.2.2 Evidence -based practices (i.e., Motivational Enhancement Therapy, Cognitive Behavioral Therapy); 2.1.2.3 Promising programs (i.e., Forensic ACT; Forensic Intensive Case Management, 12 -Step; or Peer -Based Recovery Support); or 2.1.2.4 Promising practices (i.e., Cognitive Behavioral Treatment targeting criminogenic risks, Forensic Peer Specialists, Wraparound, Contingency Management). Any proposed adaptations or modifications necessary to meet the unique needs of the Target Population or otherwise increase the likelihood of achieving positive outcomes must be explained and justified. Further guidance on how to access information on the services and practices can be found in Appendix B. 2.1.3 Planning Grants 2.1.3.1 Planning Grants must be used to develop and submit a Strategic Plan to initiate systemic change for the identification, intervention, and treatment of the selected Target Population. 2.1.3.2 Planning Grants must be used to develop effective collaboration efforts among participants in affected governmental agencies, including the criminal, juvenile, and civil justice systems, mental health and substance abuse service providers, transportation programs, housing assistance programs, and intervention programs. This collaboration must form the basis for a Strategic Plan to intercept individuals from the system at the earliest point possible while promoting public safety. The Strategic Plan must also include strategies to divert individuals from judicial commitment to community-based service programs. 2.1.3.3 Grantees are encouraged to use the Sequential Intercept Model (GAINS Center, hffp,/hvww.samhsa.gov/gains-center) as a conceptual framework for proposing strategies that relate to the identified Target Population and points of interception at which interventions can be implemented to prevent individuals from entering or further involvement into the criminal or juvenile justice system, or re- entering the criminal or juvenile justice system after release. 2.1A Implementation and Expansion Grants 2.1.4.1 Implementation and Expansion Grants must be used to implement or expand an established Strategic Plan that includes public-private partnerships and the application of evidence -based programs and practices. 2.1.4.2 All services provided through implementation and Expansion Grants must be coordinated with the Managing Entity responsible for the coordinated system of care in the Grantee's location. 2.1.4.3 Grantees are encouraged to use the Sequential Intercept Model (GAINS Center, hftp:/Mrnw.samhsa.gov/gains-center) as a conceptual framework for proposing strategies that relate to the identified Target Population and points of interception at which interventions can be implemented to 13 306 RFA06H16GS1 prevent individuals from entering or further involvement into the criminal or juvenile justice system, or re- entering the criminal or juvenile justice system after release. 2.1.4.4 Implementation and Expansion Grants can support, but are not limited to, the following initiatives: 2.1.4.4.1 Mental health courts; 2.1.4.4.2 Diversion Programs; 2.1.4.4.3 Alternative prosecution and sentencing programs; 2.1.4.4.4 Crisis intervention teams; 2.1.4.4.5 Mental health and substance abuse treatment services; 2.1.4.4.6 Specialized training for justice and treatment services professionals; 2.1.4.4.7 Service delivery for collateral services such as housing and supported employment; and 2.1.4.4.8 Reentry services to create or expand mental health and substance abuse services and supports for affected persons. 2.1.4.5 Implementation and Expansion Grants require sufficient information technology capacity for data collection on each individual served through the Program, including intake information and performance outcomes for individuals. 2.1.4.6 Implementation and Expansion Grants must also provide, at a minimum, quarterly follow up with individuals for one year once they are discharged from the Program. 2.2 OBJECTIVES AND TASKS 2.2.1 Objectives will be included in the Grant Agreement between the Department and the Grantee. The Department reserves the right to change or modify the objectives in the final Grant Agreement. 2.2.2 Objectives must be related to implementation of specific programs, services, or policies, rather than achievement of outcomes. Each objective must contribute to the goal of diverting the Target Population from arrest, prosecution, or incarceration to treatment and support services. 2.2.3 Planning Grants 2.2.3.1 Objective 1 • Strategic Plan The objective is to develop and submit a Strategic Plan for the proposed initiative, in accordance with the template provided in Appendix A. 2.2.3.1.1 Tasks (Objective 1): 2.2.3.1.1.1 Conduct a current and thorough needs assessment, including clear delineation of the Target Population(s); and 2.2.3.1.1.2 Evaluate at least quarterly the proposed planning activities identified in the application to determine whether or not milestones are being met. 2.2.3.1.2 The Strategic Plan may also include the following objectives: 2.2.3.1.2.1 Developing the workforce (e.g., training, licensure, credentialing, accreditation, etc.); 9 307 RFA06H16GS1 2.2.3.1.2.2 Identifying progressive actions that move mental health and substance abuse treatment services towards use of evidence -based and best practices; 2.2.3.1.2.3 Modifying or adapting treatment services to meet the unique needs of the Target Population; assuring that recovery oriented services are available; 2.2.3.1.2.4 Identifying and addressing policy, legal, social and other barriers within the county; and 2.2.3.1.2.5 Measuring performance outcomes and assuring quality improvement, 2.2.3.2 Objective 2 — Collaboration The objective is to create and encourage collaboration among key stakeholders in developing a comprehensive Strategic Plan. 2.2.3.2.1 Tasks (Objective 2) 2.2.3.2.1.1 Involve key stakeholders, including potential sources of subject matter expertise and funding in planning actions; 2.2.3.2.1.2 Provide key stakeholders with expert consultation and education on specific approaches and their linkage to best known effective mental health and substance abuse treatment practices, diversion strategies, and recovery oriented services; 2.2.3.2.1.3 Establish legally binding agreements among agencies to provide and coordinate services; and 2.2.3.2.1.4 Derive methodologies for sharing data and information among partners. 2.2.3.3 Objective 3 -To be proposed by the Applicant. 2.2.4 Implementation and Expansion Grants 2.2.4.1 Objective 1— Establish Programs and Diversion Initiatives The objective.is to establish programs and diversion initiatives that increase public safety, avert increased spending on criminal justice, and improve the accessibility and effectiveness of treatment services for the Target Population(s) within three (3) months of execution of the final Grant Agreement, 2.2.4.1.1 Tasks (Objective 1) 2.2.4.1.1.1 Establish legally binding agreements with all participating entities to establish programs and diversion initiatives for the Target Population, examples of which are provided in Section 2.1.4.4; 2.2.4.1.1.2 Provide, directly or by agreement, an information system to track individuals during their involvement with the Program and for at least one year after discharge, including but not limited to, arrests, receipt of benefits, employment, and stable housing. 2.2.4.1.1.3 Implement strategies that support the Grantee's project, examples of which are provided in Section 3.8.5.3.4. 10 308 RFA061H16GS1 2.2.4.2 Objective 2 — Collaboration The objective is to create and encourage collaboration among key stakeholders in implementing and providing ongoing oversight and quality improvement activities of the Grantee's project. 2.2.4.2.1 Tasks (Objective 2) 2.2.4.2.1.1 Participate in planning council or committee meets regularly; 2.2.4.2.1.2 Assesses progress of the project based on established timelines and review attainment of goals; and 2.2.4.2.1.3 Makes necessary adjustments to implementation activities, as needed. 2.2.4.3 Objective 3 - To be proposed by the Applicant. 2.3 SUSTAINABILITY Grant awards resulting from this RFA will not be renewable after the end of the grant funding period. While Applicants are not expressly precluded from responding to any future RFAs, the Department strongly encourages Applicants to propose strategies to promote service sustainability at a level that continues to deliver the intended project benefits of the initiative after the termination of a grant award. 2.4 PERFORMANCE MEASURES Grantees must provide data that measures the results of their work. Both process and outcome data related to the performance measures are to be collected and reported to the Department and the CJMHSA TAC at the Florida Mental Health Institute. Additional information requested by the CJMHSA TAC must also be provided to enable the CJMHSA TAC to perform the 'statutory duties established in the authorizing legislation. 2.4.1' Planning Grants The following performance measures will be included in the final Grant Agreement between the Department and Grantees for Planning Grants. The Department reserves the right to change or modify the performance measures in the final Grant Agreement. 2.4.1.1 Completion of the needs assessment and identification of the Target Population within 90 days of execution of the final Grant Agreement. 2.4.1.2 Establish formal partnerships, as evidenced by legally binding agreements, with a minimum of three (3) agencies (i.e., law enforcement, homeless coalitions, treatment providers, courts, schools, etc.), within 180 days of execution of the final Grant Agreement. 2.4.1.3 Completion of data sharing, collection and reporting methodologies among partners and the CJMHSA TAC within 270 days of execution of the final Grant Agreement. 2.4.1.4 Completion of the Strategic Plan within 365 days of execution of the final Grant Agreement. 2.4.1.5 The final Grant Agreement shall include at least one additional performance measure proposed by the Applicant specific to the Applicant's Strategic Plan. 2.4.2 Implementation and Expansion Grants The following performance measures will be included in the Grant Agreement between the Department and Grantees for Implementation and Expansion Grants. The Department reserves the right to change or modify the performance measures in the final Grant Agreement, The Department reserves the right to adjust the percentages or target number for subsequent years of the Program based on a review of the previous year's performance: 2.4.2.1 Percent of arrests or re -arrests among Program participants while enrolled in the Program. 11 309 RFA06H16GS1 2.4.2.2 Percent of arrests or re -arrests among Program participants within one year following Program discharge. 2.4.2.3 Percent of Program participants not residing in a stable housing environment at Program admission who reside in a stable housing environment within 90 days of Program admission. 2.4.2.4 Percent of Program participants who reside in a stable housing environment one year following Program discharge. 2.4.2.5 Percent of Program participants not employed at Program admission who are employed full or parttime within 180 days of Program admission. 2.4.2.6 Percent of Program participants employed full or part time one year following Program discharge. 2.4.2.7 Percent of Program participants the Grantee assists in obtaining social security or other benefits for which they may be eligible but were not receiving at Program admission. 2.4.2.8 Percent of Program participants diverted from a State Mental Health Treatment Facility. 2.4.2.9 The final Grant Agreement shall include at least one additional performance measure proposed by the Applicant specific to the Target Population. 2.5 DELIVERABLES The Department reserves the right to change or modify the deliverables in the final Grant Agreement. 2.5.1 Service Units A unit of service is equal to one quarter of Program services and activities, to be reported to the Department using the Quarterly Program Status Report outlined in Section 2.5.2.2. 2.5.1.1 Planning Grants The following service targets will be incorporated into the final Grant Agreement to be achieved over the life of the Grant Agreement and reported as part of the Quarterly Program Status Report: 2.5.1.1.1 Progress towards conducting a current needs assessment. 2.5.1.1.2 Progress towards establishing legally binding agreements with key stakeholders. 2.5.1.1.3 Progress toward submission of the final Strategic Plan. 2.5.1.2 Implementation and Expansion Grants The following service targets will be incorporated into the final Grant Agreement as target numbers to be achieved over the life of the Grant Agreement and reported as part of the Quarterly Program Status Report: 2.5.1.2.1 A negotiated number of individuals enrolled in the Program. 2.5.1.2.2 If CIT training is included in the Grantee's proposed activities, a negotiated number of law enforcement officers trained in the CIT model. 2.6 DOCUMENTATION AND REPORTING All tasks and activities under this Program shall be documented and reported. All confidential records and confidentiality of individuals served shall be protected from unauthorized disclosure. The Department may negotiate additional required reporting in any Grant Agreement resulting from this RFA. At a minimum, the following reports shall be completed and submitted in accordance with the due dates specified in Table 1: Reporting Schedule Program Status Report. 12 310 RFA06H16GS1 2.6.1 Quarterly Program Status Report A detailed quarterly report of the services and activities performed in the previous three months and the progress of the Program in meeting the performance measures, goals, objectives, and tasks described in the application. The Department will provide the template needed to file this report. 2.6.2 Quarterly Financial Report A detailed cumulative report of Program expenses, submitted every quarter of service provision. The Financial Report is used to track all expenses associated with the grant and reconcile these expenditures with the payments made by the Department. The Financial Report tracks both grant award -funded and county match - funded expenses and encourages program expenditure planning and projection. The Quarterly Financial Report must be signed and certified by an authorized representative that the Financial Report represents a complete and accurate account of all expenses supported by the Program award and statutory match obligations. The Department will provide the template needed to file this report. 2.6.3 Final Program Status Report A detailed report of the services and activities performed for the entire award period and the status of the Program in meeting the performance measures, goals, objectives, and tasks described in the application. The Board of County Commissioners shall be responsible for approving the final report before submission to the Department. 2.6.4 Final Financial Report A detailed report of Program expenses for the enfire award period documenting expenditure of grant funds and compliance with the statutory match requirement. The Final Financial Report must be signed and certified by an authorized representative that the Financial Report represents a complete and accurate account of all expenses supported by the Program award and statutory match obligations. 2.6.5 Reporting Schedule Reports shall be submitted in accordance with the following schedule; Table 1. Reporting Schedule Report Name Due Date DCF Address to Receive Reports Program Status Report 15m day of the month following the quarter of program services and activities Department of Children & Families Financial Report 15th day of the month following the quarter of program services and activities Substance Abuse & Mental Health 1317 Winewood Blvd Final Program Status No later than 60 days following the ending Tallahassee, FL 32399 Report date of the Grant Agreement Final Financial Report No later than 60 days following the ending date of the Grant Agreement. 2.6.6 Additional Reporting Requirements Additional reporting pertaining to the services and activities rendered shall be provided, should the Department determine this to be necessary. 13 311 RFA06H16GS1 2.6.7 Acceptance of Reports Where delivery, of reports is required by the Department, mere receipt by the Department shall not be construed to mean or imply acceptance of those reports. It is specifically intended by the parties that acceptance in writing of required report shall constitute a separate act. The Department reserves the right to reject reports as incomplete, inadequate, or unacceptable. The Department, at its option, may allow additional time within which any objections may be remedied. 2.7 METHOD OF PAYMENT 2.7.1 Planning Grants Subject to the availability of funds, the Department will pay Grantees upon satisfactory completion of services, terms, and conditions of the Grant Agreement. The Department intends to make quarterly payments, in fixed equal amounts, based upon total funding. 2.7.2 implementation and Expansion Grants Subject to the availability of funds, the Department will pay Grantees upon satisfactory completion of services, terms, and conditions of the Grant Agreement. The Department intends to make quarterly payments, in fated equal amounts, based upon each year's total funding. Funding in Years 2 and 3 are contingent upon compliance with the requirements of this Program and demonstration of performance towards meeting Program goals and objectives and the availability of funds. 2.8 FINANCIAL CONSEQUENCES Any Grant Agreement resulting from this RFA will include financial consequences, to be negotiated with each Grantee. 2.9 RETURN OF FUNDS Any unused or unmatched grant funds, as detailed in the Final Financial Report, must be returned to the Department no later than 60 days following the end of the Grant Agreement. < The remainder of this page is intentionaW left blank. >>> 14 312 RFA061-116GS1 SECTION 3 GRANT SOLICITATION AND EVALUATION PROCESSES 3.1 CONTACT PERSON This RFA'is issued by the Florida Department of Children and Families. Questions about this RFA must be submitted in writing to: Michele.staffieri@mVflfamilles.com 3.2 LIMITATIONS ON CONTACTING THE DEPARTMENT Applicants shall limit their contact regarding this RFA to the contact person listed above in Section 3.1. With reference to this solicitation, no representations, other than those distributed by the contact person, in writing, are binding and Applicants are cautioned that oral responses do not bind the Department. 3.3 SCHEDULE OF EVENTS AND DEADLINES Any changes to these activities, dates, times or locations, will be accomplished by addenda. All times refer to Eastern Standard Time. Table 2: Schedule of Events and Deadlines Event Date Time Location Request for Applications Advertised and Released June 14, 2016 5:00 pm hftp:/Ivbs.dms.state.fl.us/vbs/main-menu Michele Staffied, Procurement Manager Department of Children and Families Mandatory Notice of Intent to July 19, 2016 S:OOpm 1317 Winewood Blvd., Bldg. 6, Room 231 Submit an Application Tallahassee, FL 32399-0700 Michele.staffied(cDmvflfamilies.com Conference Call with the Conference call # 1-888-670-3525 Department to Discuss RFA July 20, 2016 10:00 am Pin 2868250655 Requirements Submission of Inquiries July 27, 2016 3:00 pm Michele.staffied(a)mvflfamilies.com Posting of Department Responses to Inquiries August 3, 2016 5:00 pm http://vbs.dms.state.fl.us/vbs/main menu Michele Staffieri, Procurement Manager Applications Due September 21, 2016 11:00 am Department of Children and Families 1317 Wnewood Blvd., Bldg. 6, Room 231 Tallahassee, FL 32399-0700 Grants Review Committee 9:00 am - Conference call # 1-888-670-3525 Meeting to Complete Review October 13, 2016 4:00 pm Pin 2868250655 of Grant Applications Anticipated Posting of Grant. Award(s) November 4, 2016 N/A http,//vbs.dms.state.fl.ustvbs/main menu — 15 313 RFA06H16GS1 3.4 MANDATORY NOTICE OF INTENT TO SUBMIT AN APPLICATION Anyone interested in submitting an application in response to this RFA are required to complete and submit APPENDIX L — Notice of Intent to Submit an Application to the Procurement Manager specified in Section 3.1, by the date and time specified in Section 3.3. 3.5 OBTAINING A COPY OF THE REQUEST FOR APPLICATIONS Interested parties may obtain a copy of the RFA from the following website: http:l/vbs.dms.state.fl.uslvbs/main menu 3.6 DIRECTIONS FOR SUBMITTING AN APPLICATION Applications not meeting the specifications below will be deemed nonresponsive and will not be eligible for evaluation or grant award. 3.6.1 Applications must be submitted in accordance with Table 2: Schedule of Events and Deadlines. Applications not received at the specified place or by the specified date and time will be rejected and returned to the Applicant. 3.6.2 Applications must contain all of the items listed in Section 3.7, as determined during the first stage of evaluation detailed in Section 4.2. Applications not containing the items listed will be deemed nonresponsive and will not be eligible for the second stage of evaluatfon. 3.6.3 Number of Copies Required and Format for Submittal 3.6.3.1 One original hard copy application to the Department in response to this RFA. The original application must contain an original signature of an official authorized to bind the Applicant to the response. 3.6.3.2 One electronic copy of the application in PDF format (on CD-ROM or flash drive). 3.6.3.3 Electronic Copy Format The required electronic format of the application must be on non-rewritabie CD-ROM or flash drive. The software used to produce the electronic files must be Adobe portable document format (°pdf"), version 6.0 or higher. The Department must be able to be open and view the reply utilizing Adobe Acrobat, version 9.0. The electronic copy must be identical to the original application submitted, including the format, sequence and section headings identified in this RFA. The electronic media must be clearly labeled in the same manner as the original application. The original application shall take precedence over the electronic version of the application in the event of any discrepancy. If a discrepancy is found between the hard copy application and the electronic version, the Department reserves the right, at its sole discretion, to reject the entire application. 3.6.4 Applicants may choose, and shall be responsible for, the method of delivery to the Department, except that facsimiles or electronic transmissions will not be accepted at any time. 3.6.5 Clearly mark all packages =APPLICATION FOR CRIMINAL JUSTICE, MENTAL HEALTH & SUBSTANCE ABUSE REINVESTMENT GRANT PROGRAM RFA06H16GS11 and mail to: Florida Department of Children and Families Office of Substance Abuse and Mental Health Attn: Michele Staffied 1317 Winewood Blvd. Bldg. 6, Room 231 Tallahassee, FL 32399 16 314 RFA06H16GS1 3.7 APPLICATION FORMATTING INSTRUCTIONS Applications must be formatted in accordance with the following; 3.7.1 Typed, single-spaced, in black ink, Arial font size 12; 3.7.2 8-112" x 11° paper, one column per page, single sided, with one inch margins on all sides; 3.7.3 Pages numbered on the bottom right hand corner; beginning with the cover page; 3.7.4 Secured in three-ring binders, clearly labeled on the front and spine identifying the name of the proposal and the name of the Applicant; 3.7.5 Table of contents clearly showing the order of the material and associated page numbers; and 3.7.6 Tabs identifying each of the required sections. 3.8 APPLICATION COMPONENTS A complete application consists of the following components: 3.8.1 Tab 1: Cover Page Include a completed Cover Page, Appendix C, detailing the total amount of the requested grant by state fiscal year and total, indication of the type of grant sought, the point of contact, and the signature of a duly authorized county official. 3.8.2 Tab 2: Statement of Mandatory Assurances Include a completed Statement'of Mandatory Assurances, Appendix D, initialed by a duly authorized official. 3.8.3 Tab 3: Match Commitment and Summary Forms Include completed Commitment of Match Donation Forms, Appendix H, from each organization that will be providing matching funds and a completed Match Summary Report, Appendix I. 3.8.4 Tab 4: Project Narrative 3.8.4.1 Statement of the Problem For both Planning and Implementation and Expansion Grants, describe the problem the project will address. Document the extent of the problem with local or state data and include trend analysis. Describe the project's geographic environment, Target Population, socioeconomic factors, and priority as a community concern. If the Applicant is a consortium of counties, describe the geographic region to be covered. 3.8.4.1.1 Provide an analysis of the current population of the jail or juvenile detention center in the county or region, which includes: 3.8.4.1.1.1 The screening and assessment process used to identify the Target Population(s); 3.8.4.1.1.2 The percentage of persons admitted to the jail or juvenile detention center that represents people who have a mental illness, substance abuse disorder, or co-occurring mental health and substance abuse disorders; 3.8.4.1.1.3 An analysis of observed contributing factors that affect population trends in the county jail or juvenile detention center; and 3.8.4.1.1.4 Data and descriptive narrative that delineates the specific factors that put the Target Population at -risk of entering or re-entering the criminal or juvenile justice systems. 17 ,315 RFA06H16GS1 3.8.4.1.2 Implementation and Expansion Applicants Only Provide a concise analysis of the Target Population, including the projected number of individuals to be served. Demonstrate how the identified needs are consistent with the priorities of the Strategic Plan. 3.8.5 Tab 5: Project Design and Implementation 3.8.5.1 For both Planning Grants and Implementation and Expansion Grants, a description of the planning council or committee, including: 3.8.5.1.1 Composition of the planning council or committee, including the role of each member as stakeholder, consumer, etc. demonstrating compliance with s. 394.657(2)(a), F.S. If the Council does not currently meet the statutory requirements, provide a detailed explanation of how and when the Council intends to rectify the deficiency; and 3.8.5.1.2 Planning council's activities, including the frequency of meetings for the previous 12 months and future scheduling of meetings. 3.8.5.2 Planning Grants Only Describe and provide a timeline for the proposed planning activities and expected milestones, including: 3.8.5.2.1 The manner in which a needs assessment will be conducted; 3.8.5.2.2 The proposed methodology to identify, coordinate, and share funding and related resources, and recommended organizational or structural changes; 3.8.5.2.3 The proposed strategy for project design and implementation; and 3.8.5.2.4 The proposed strategy for coordination, communication and data sharing, 3.8.5.3 Implementation and Expansion Grants Only 3.8.5.3.1 Provide a copy of the existing Strategic Plan, which must include at minimum, all of the elements in Appendix A. 3.8.5.3.2 Provide a description of the Strategic Plan, including progress toward implementing the plan, when the plan was last reviewed or updated, and any challenges or barriers toward implementation. 3.8.5.3.3 Provide a description of the project design and implementation, including: 3.8.5.3.3.1 Project goals, strategies, milestones, and key activities toward meeting the objectives outlined in Section 2.2. Applicants must include at least one objective in addition to those outlined in Section 2.2 and may propose tasks in addition to those specified in the RFA; 3.8.5.3.3.2 Organization and key stakeholder responsible for each task or key activity necessary to accomplish the objectives; 3.8.5.3.3.3 How the planning council or committee will participate and remain involved in Program implementation or expansion on an ongoing basis; and 3.8.5.3.3.4 How the agencies and organizations involved will communicate throughout the lifetime of the project, detailing the frequency of planned meetings, and the decision making process to ensure successful implementation. 3.8.5.3.3.5 The plan to screen potential participants and conduct tailored, validated needs -based assessments. Include the criteria to be used, specific 18 316 RFA06H16GS1 screening tool(s) and validity specific to the Target Population. If specific tooi(s) have not yet been selected, describe the process by which tool(s) will be selected; 3.8.5.3.3.6 How the Program will coordinate care to increase access to mental health, substance abuse and co-occurring treatment and support services and ancillary social services (i.e., housing, primary care; benefits, etc.); 3.8.5.3.3.7 How law enforcement will assess their current process at intercept points, capacity, and how they intend to implement or expand diversion initiatives (e.g., processes, training, etc.); and 3.8.5.3.3.8 If the Applicant is a consortium of counties, describe the collaboration and the relationship between the partner counties. 3.8.5.3.4 A description of the strategies an Applicant intends to use to serve the Target Population, including a description of the services and supervision methods to be applied and the goals and measurable objectives of the new interventions. interventions may include, but are not limited to: 3.8.5.3.4.1 Specialized responses by law enforcement agencies; 3.8.5.3.4.2 Centralized receiving facilities for individuals evidencing behavioral difficulties; 3.8.5.3.4.3 Post -booking alternatives to incarceration; 3.8.5.3.4.4 New court programs, including pretrial services and specialized dockets; 3.8.5.3.4.5 Specialized diversion programs; 3.8.5.3.4.6 Intensified transition services that are directed to the designated populations while they are in jail or juvenile detention to facilitate their transition to the community; 3.8.5.3.4.7 Specialized probation processes; 3.8.5.3.4.8 Day -reporting centers; 3.8.5.3.4.9 Linkages to community-based, evidence -based treatment programs for the served Target Population; and 3.8.5.3.4.10 Community services and programs designed to prevent high-risk populations from becoming involved in the criminal or juvenile justice system. 3.8.5.4 Performance Measures Applications must include a description of the manner in which the grant will be monitored to determine achievement of performance measures outlined in Section 2.4, including: 3.8.5.4.1 A description of the process for collecting performance measurement data, and any other state or local outcome data to measure project effectiveness; 3.8.5.4.2 Proposed targets and methodologies to address the measures specified in Section 2.4.1, for Planning Grants, and Section 2.4.2, for Implementation and Expansion Grants; and. 3.8.5.4.3 At least one additional proposed performance measure unique to the tasks outlined in the application, including proposed targets and methodologies. 19 317 RFA06H16GS1 3.8.5.5 Capability and Experience For both Planning and Implementation and Expansion Grants, include a description of the Applicant's capability and experience in providing similar services, including: 3.8.5.5.1 Capability and experience of the Applicant and other participating organizations, including law enforcement agencies, to meet the objectives detailed in this RFA; 3.8.5.5.2 Availability of resources for the proposed project; 3.8.5.5.3 Anticipated role of advocates, family members, and responsible partners; and 3.8.5.5.4 Proposed staff, including Project Director, key personnel, and subcontractors who will participate in the project, showing the role of each and their level of effort and qualifications. Briefly discuss the responsibilities of each participating organization and how the Applicant proposes to fill staff positions and select subcontractors. 3.8.5.6 Evaluation and Sustainability 3.8.5.6.1 Evaluation For both Planning and Implementation and Expansion Grants, describe how the project's effectiveness will be demonstrated, including assessments of planning or implementation outcomes. Discuss how variables like stakeholder support and service coordination will be defined and measured. Describe the process for collecting performance measurement data, and any other state or local outcome data to measure project effectiveness in promoting public safety, reduction of recidivism and access to services and supports for the Target Population(s). 3.8.5.6.1.1 Implementation and Expansion Grants Only Estimate the effect of the proposed project on the Target Population related to the budget of the jail and juvenile detention center. The information must include: 3.8.5.6.1.1.1 An estimate of how the Program will reduce the expenditures associated with the incarceration of the Target Population; 3.8.5.6.1.1.2 The proposed methodology to measure the defined outcomes and the corresponding savings or averted costs; 3.8.5.6.1.1.3 An estimate of how the cost savings or averted costs will sustain or expand the mental health, substance abuse, co- occurring mental health and substance abuse treatment services and supports needed in the community; and 3.8.5.6.1.1.4 How the county's proposed initiative will reduce the number of individuals judicially committed to a state mental health treatment facility. 20 318 RFA06H16GS1 3.8.5.6.2 Sustainability For both Planning and Implementation and Expansion Grants address sustainability of the project. Describe the proposed strategies to preserve and enhance the community mental health and substance abuse systems. Describe how sustainability methods will be used and evaluated, including how collaborative partnerships and funding will be leveraged to build long-term support and resources to sustain the project when the state grant ends. 3.8.5.6.3 Project Timeline . Provide a realistic and detailed timeline for each funding year proposed, indicating goals, objectives, key activities, milestones, and responsible partners. The timeline must include anticipated start and completion dates for each milestone, benchmark, and goal. 3.7.4 Tab 6: Letters of Commitment Include a summary list of all organizations that will be involved in the implementation of the proposed project and a letter of commitment from each organization reflecting the specific role of the individual or organization, signed by the Chief Executive Officer or equivalent for each organization. 3.7.5 Tab 7: Line Rem Budget and Budget Narrative Each application must include a detailed budget and budget narrative for each year of the grant. All proposed expenses must be tied to the proposed activities. The budget must show line item costs broken down by the proposed funding (grant and match), plus the total amounts. See Appendix G for full instructions on completing this section. All proposed costs must be in accordance with the Department of Financial Services Reference Guide for State Expenditures, which may be located at: htta://www.myfloridacfo.com/aadir/referenceguide/ Applicants are required to use the Commitment to Match Donation Forms found in Appendix H to verify cash and attach valuation to in-kind contributions. A signed form from each match donor must accompany this application as an attachment to the Budget Section. A Match Summary Sheet is to be used to show the proportions of cash and in-kind match. 3.7.7 Tab 8: Certified Designation Letter If the Applicant is not a County, the application must include a letter certified by the county planning council or committee designating the not-for-profit community provider or managing entity to apply for the RFA on behalf of the county. <<< The remainder of this page is intentionally left blank >>> 21 319 RFA06H16GS1 SECTION 4 APPLICATION REVIEW CRITERIA AND METHODOLOGY 4.1 REVIEW METHODOLOGY All responsive applications will be scored by the Grant Review Committee, based on the written application, according to the criteria described in Section 4.3. The scores from each of the Grant Review Committee members will be totaled and averaged to determine the rank in order of overall average score from highest to lowest for each type of grant. Recommendations for awards will be made in order of rank. In the event any Applicant is a member of an association or organization represented on the Grant Review Committee as described in Section 4.4, the scores of the association or organization's representative will not be included in the total average score for any application. 4.2 MANDATORY CRITERIA AND CORRECTION Applications received at the location and by the date and time specified in the schedule of -events outlined in Section 3.3 will be reviewed to determine whether the applications are substantially complete and meets the mandatory criteria specified in Appendix J. If the Procurement Manager detects an easily discernible or obvious error that may be readily corrected, the Department may afford the Applicant two business days to adjust the application accordingly. The Department is under no obligation to detect or offer the opportunity for such correction. The Department's election to afford this opportunity should not, and does not give rise to an expectation of application correction. Applicants have the sole responsibility for submitting corrected or omitted items. If an Applicant elects to submit corrected or omitted items, the Applicant bears sole responsibility for the delivery of the items to the Department. The Department may afford an opportunity for Applicants to correct errors or omissions but the Applicant is solely responsible for any response to the Department's notice. The Applicant is also solely responsible for the content, quality, and sufficiency of any material submitted to the Department. During the correction period, the Applicant is permitted only to take action to correct completeness errors cited by the Department, and not to supplement their application for the purpose of improving competitiveness, or to add material for any other purpose. 4.3 REVIEW CRITERIA Applications in compliance with the mandatory criteria will be independently evaluated and scored by the Grant Review Committee. The following criteria shall apply to this RFA: Criteria: • Statement of the Problem • Project Design and Implementation • Capability and Experience • Performance Measures • Evaluation and Sustainability • Project Timeline • Letters of Commitment • Budget and Budget Narrative • Certified Designation Letter 4.4 GRANT REVIEW COMMITTEE The Grant Review Committee will be developed pursuant to 2016-66 Laws of Florida, to include one representative from each of the following: 4.4.1 Department of Children and Families (DCF); 4.4.2 Department of Corrections (DOC); 4.4.3 Department of Juvenile Justice (DJJ); i� 320 RFA06H16GS1 4.4.4 Department of Elderly Affairs (DOEA); 4.4.5 Office of State Courts Administrator; 4.4.6 Department of Veterans' Affairs; 4.4.7 Florida Sheriffs Association; 4.4.8 Florida Police Chiefs Association; 4.4.9 Florida Association of Counties; 4.4.10 Florida Alcohol and Drug Abuse Association (FADAA); 4.4.11 Florida Association of Managing Entities (FAME); 4.4.12 Florida Council for Community Mental Health (FCCMH); 4.4.13 National Alliance of Mental illness (NAMI); 4.4.14 Florida Prosecuting Attorneys Association; and 4.4.15 Administrator of an assisted living facility that holds a limited mental health license. 4.5 SELECTION OF APPLICANTS FOR AWARD The Procurement Manager will provide to the Secretary, or designee, a ranking of applications, as scored by the Grant Review Committee. Ranking shall be in the order of highest scare to the lowest score based on the allowable points set forth in Section 4.3. The Department will award grants based on the final selection by the Secretary, or designee. No scoring by the Secretary, or designee, will be required to make the selection and award decision, The scoring and ranking by the Grant Review Committee shall serve as a recommendation only. The Department reserves the right to increase the grant award amount if funding is available or if the Secretary, or designee, does not deem a sufficient number of Applicants eligible for award. 4.6 DEPARTMENT'S RESERVED RIGHTS The Department reserves the right to: 4.6.1 Reject any or all applications received with respect to this RFA; 4.6.2 Withdraw the RFA; 4.6.3 Waive or modify minor irregularities in applications received after prior notification and concurrence of the Applicant; 4.6.4 Request from an Applicant additional information as deemed necessary to more fully evaluate its proposal; 4.6.5 Revise the budget or scope of services after award; 4.6.6 Reject the scoring of any Grant Review Committee member for violation of the guidelines provided for the review of applications; 4.6.7 Make all final decisions with respect to the amount of funding awarded to an applicant; and 4.6.8 Make all final decisions with respect to deliverables. 4.7 NOTICE OF GRANT AWARD The Department will issue notice of the final decision of the Secretary or his designee by posting the Notice of Award on the Vendor Bid System. 23 321 RFA06H16GS1 4.8 FORMAL APPEALS The Department provides a process for appeals related to grant solicitations, as outlined below. If an Applicant believes the Department's decision is in error, the Applicant may submit a written petition for an administrative hearing to contest the decision. Failure to request an administrative hearing within 21 calendar days shall constitute a waiver of the right to a hearing, A written petition for an administrative hearing must be received by the Department within 21 calendar days of the posting of the Notice of Award. Written request for an administrative hearing must be submitted to the Department at the following address: Department of Children and Families Attn: Agency Clerk 1317 Winewood Boulevard Building 2, Room 204-X Tallahassee, FL 32399-0700 Please note that a request for an administrative hearing must comply with s. 120.569(2)(c), F.S., and Rule 28- 106.201(2), F.A.C. Those provisions, when read together, require a petition for administrative hearing to include: 4.8.1 The name and address of the agency (Department) affected, and the agency's file or identification number, if known; 4.8.2 Name, address, and telephone number of the petitioner, 4.8.3 The name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; 4.8.4 An explanation of how the petitioner's substantial interests will be affected by the agency determination; 4.8.5 A statement of when and how the petitioner received notice of the agency decision; 4.8.6 A statement of all disputed issues of material fact. If there are none, the petition must so indicate; 4.8.7 A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action; 4.8.8 A statement of the specific rules or statutes the petitioner contends require reversal or modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes; and 4.8.9 A statement of the relief sought by the petitioner, stating precisely the action you wish the agency to take with respect to the agency's proposed action. Section 120.569, F.S. and Rule 28-106.201(4), F.A.C., require that a petition be dismissed if it is not in substantial compliance with the requirements above. <<< The remainder of this page is intentionally left blank. >>> 24 3222 APPENDIX A — STRATEGIC PLAN FORMAT Planning Grants Grantees must adhere closely to the following Strategic Plan format in the accomplishment of their prime objective during the year of funding. Implementation and Expansion Grants Applicants must submit a Strategic Plan as an attachment to the initial grant application. Strategic Plan Format Cover Page The Cover Page must provide all of the information detailed below, providing basic information regarding the development and rationalization for the Strategic Plan: • Statement of the Problem or Critical Issues - careful analyses of the scope of the problem using current data, implications of the data, critical issues for the various constituents, such as law enforcement, courts, treatment providers, etc. . • Regional Partnership Strategic Planning Process and Participants - how planning occurred, strategic alliances, plans for leveraging funds and other resources, etc. • Vision - a picture of the future you seek to create, described in the present tense • Mission Statement - concise statement of what are you here to do together • Values - collective, fundamental beliefs that drive the initiative • Service Model(s) — outline the model(s) to be utilized in addressing the Target Population Goals, Objectives & Tasks The Strategic Plan must provide all of the information in the tables on the following page, providing. specific details related to the goals, objectives, and specific tasks to be completed. Tables and rows should be added as appropriate. 25 333 APPENDIX A continued Goal #1: (broad statement of the intended outcome) RFA06H16GS1 Objective #1: (supports the goal and how the goal will be accomplished) Task Performance Measure Lead Person or Projected Organization Completion Date identify the person identify a target 1.1 clearly identify the tasks) associated with the accomplishment of each describe how performance of each task or organization completion date objective, there may be several tasks associated with an objective will be measured responsible for for each task each task 1.2 1.3 Objective #2: (supports the goal and how the goal will be accomplished) Task Performance Measure Lead Person or Projected Organization Completion Date identify the person identify a target 21 clearly identify the task(s) associated with the accomplishment of each describe how performance of each task or organization completion date objective, there maybe several tasks associated with an objective will be measured responsible for for each task each task 2.2 2.3 26 .w N 'A APPENDIX B — GUIDANCE FOR INCORPORATING EVIDENCE -BASED OR BEST PRACTICES Many federal agencies have published resource lists of services and practices that have already determined to be effective and can be found in the following sources: SAMHSA's National Registry of Evidence -based Programs and Practices (NREPP) is a searchable online registry of mental health and substance abuse interventions that have been reviewed and rated by independent reviewers. The purpose of this registry is to assist the public in identifying approaches to preventing and treating mental health or substance abuse disorders that have been scientifically tested and that can be readily disseminated to the field. www.nrepp.samhsa.gov Check back regularly to access the latest updates. To access SAMHSA's Model Programs Web site (the old NREPP) go to http:liwww.samhsa.gov/programs-campaigns. Center for Mental Health Services (CMHS) - SAMHSA's Center for Mental Health Services and the Robert Wood Johnson Foundation initiated the Evidence -Based Practices Project to: 1) help more consumers and families access services that are effective; 2) help providers of mental health services develop effective services; and 3) help administrators support and maintain these services. Each of the resource kits contains information and materials written by and for the following groups: individuals receiving services, families and other supporters, practitioners and clinical supervisors, mental health program leaders, and public mental health authorities. Information about the toolkits can be found at: http://store.samhsa.govltistlseries?name=Evidence-Based-Practices-KITS • The Criminal Justice Mental Health Consensus Project — This Project, coordinated by the Council of State Governments Justice Center, is a national effort to help local, state, and federal policymakers and criminal justice and mental health professionals improve the response to people with mental illnesses who come into contact with the criminal justice system. It supports the implementation of practical, flexible criminal justice and mental health strategies through on-site technical assistance; the dissemination of information about programs, research, and policy developments in the field; continued development of policy recommendations; and educational presentations. Their website contains many resources by special focus areas — law enforcement, courts, corrections, victims, jail diversion, etc. — as well as other resources for research information and practice guidelines. httus.1/csaiusticecenter.orgl • National Center for Mental Health and Juvenile Justice — This Center assists the field in developing improved policies and programs for youth with mental health disorders in contact with the juvenile justice system, based on the best available research and practice. The Center, which is operated by Policy Research, Inc. in Delmar, NY in partnership with the Council of Juvenile Correctional Administrators (CJCA), aims at providing a centralized national focal point that pulls together and links the various activities and research that are currently underway, maximizing the awareness and usefulness of new products and findings, and using the best available knowledge to guide practice and policy. httpJ/www.ncmhjj.coml • GAiNS Center - The GAINS Center is funded by SAMHSA and focuses on expanding access to services for people with mental and/or substance abuse disorders who come into contact with the justice system. This Center provides many free publications on a variety of related areas, and they also provide consultation and technical assistance to help communities achieve integrated systems of mental health and substance abuse services for individuals in contact with the justice system. httpJlwww.samhsa.govlgains-center i Criminal Justice, Mental Health, and Substance Abuse Technical Assistance Center. The Technical Assistance Center is located at the Louis de la Parte Florida Mental Health institute (FMHI). The Center was created by CS/CS/HB 1477 to provide technical assistance and consultation to grant applicants and awardees. The Center draws on the expertise of faculty at FMHI and works closely with the GAINS Center, the Council of State Governments' Criminal Justice Mental Health Consensus Project, Florida Partners in Crisis, and others. 27 315 RFA06H16GS1 The TA Center faculty and staff have particular experience with co-occurring disorders (mental health and substance abuse; best practices in supportive housing, supported employment, and recovery oriented services; therapeutic courts; jail and prison re-entry; and assessment and restoration of criminal competency. hftp://www.floddatac.com Showing that Your Services or Practices are Effective If you are proposing services or practices that are not included in the above -referenced sources, you must provide a narrative justification that summarizes the evidence for effectiveness of the proposed services or practice. The preferred evidence of effectiveness will include the findings from clinical trials, efficacy, and/or effectiveness studies published in the peer-reviewed literature. In areas where little or no research has been published in the peer-reviewed scientific literature, you may present evidence involving studies that have not been published in the peer-reviewed research literature or documents describing formal consensus among recognized experts. If consensus documents are presented, they must describe consensus among multiple experts whose work is recognized and respected by others in the field. Local recognition of an individual as a respected or influential person at the community level is not considered a "recognized expert" for this purpose. In presenting evidence in support of the proposed services or practice, you must show that the evidence presented is the best objective information available. Using Services and Practices that are Appropriate for Your Target Population You must also show that these services and practices are appropriate for y2ur Target Population(s). It is preferred that you provide information from research studies that shows the services and practices are effective for your Target Population. However, if this type of information is not available, you may provide information from other sources, such as unpublished studies or documents describing formal consensus among recognized experts. You may describe your own experience either with the Target Population or in managing similar programs. However, you will ,need to convince the people reviewing your application that the servicesipractices you propose are appropriate for your Target Population. Describing Necessary Changes to the Services and Practices It is expected that you will implement your services and practices in a way that is as close as possible to the original servicestpractices. However, it is understood that you may need to make minor changes to the services and practices to meet the needs of your Target Population or your program, or to allow you to use resources more efficiently. You must describe any changes to your proposed services and practices that you believe are necessary for these purposes. You may describe your own experience either with the Target Population or in managing similar programs. However, you will need to convince the people reviewing your application that the changes you propose are justified. <<< The remainder of this page is intentionally left blank. >>> 28 326 RFA061-116GS1 APPENDIX C - COVER PAGE FOR GRANT APPLICATION Criminal Justice, Mental Health and Substance Abuse Reinvestment Grant PROPOSAL•• r Project iitl�: - tount}�(i�s�. , GRANT POINT Contact Name: Department: Address tine 1: Address line 2: City: State: Zip: Email: Phone: ADDITIONAL Fax: Contact Name: - Department: Address Line 1: Address Line 2: City: State: zip: Email: Phone: FUNDING e AND Grant Select: select one Fax: r Planning Grant ❑ Implementation and Expansion Grant Q Total Amount of Grant Funds Requested Total Matching Funds (Provided by Applicant and partners): Project Year 1 Project Year 2 Project Year 3 Total Project Cost s Certifying Official's Signature: Certifying Official's Name (printed): Title: Date: 29 327 APPENDIX D - STATEMENT OF MANDATORY ASSURANCES RFA06H16GS1 Initial A Infrastructure: The Applicant shall possess equipment and Internet access necessary to participate fully in this solicitation. B. Site Visits: The Applicant will cooperate fully with the Department in coordinating site visits, if desired by the Department. Non-discrimination: The Applicant agrees that no person will, on the basis of race, color, national origin, creed or religion be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination pursuant to the Act.goveming these funds or any project, program, activity or sub -grant supported by the requirements of, (a) Title VI of the Civil Rights Act of 1964 which prohibits discrimination on the basis of race, color or national origin; C. (b) Title IX of the Education Amendments of 1972, as amended which prohibits discrimination the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended which prohibits discrimination in employment or any program or activity that receives or benefits from federal financial assistance on the basis of handicaps; (d) Age Discrimination Act 1975, as amended which prohibits discrimination on the basis of age, (e) Equal Employment Opportunity Program (EEOP) must meets the requirements of 28 CFR 42.301. Lobbying: The Applicant is prohibited by Title 31, USC, Section 1352, entitled `Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions," from using Federal funds for lobbying the D Executive or Legislative Branches of the federal government in connection with a specific grant or cooperative agreement Section 1352 also requires that each person who requests or receives a Federal grant or cooperative agreementmust disclose lobbying undertaken with non -Federal funds if grants and/or cooperative agreements exceed $100,000 in total costs (45 CFR Part 93). E Drug -Free Workplace Requirements: The Applicant agrees that it will, or will continue to, provide a drug-free workplace in accordance with 45 CFR Part 76. Smoke -Free Workplace Requirements:, Public Law 103-227, Part C -Environmental Tobacco Smoke, also known as the Pro -Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, education, or library projects to children under the age of 18, if the projects are funded by Federal programs either directly or F. through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law does not apply to children's projects provided in private residences, facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for Inpatient drug or alcohol treatment. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 per day and/or the imposition of an administrative compliance order on the responsible entity. Compliance and Performance: The Applicant understands that grant funds in Years 2 and 3 are contingent upon G. compliance with the requirements of this grant program and demonstration of performance towards completing the grant key activities and meeting the grant objectives, as well as availability of funds. H Certification of Non -supplanting: The Applicant certifies that funds awarded under this solicitation will not be used for programs currently being paid for by other funds or programs where the funding has been committed. Submission of Data: The Applicant agrees to provide data and other information requested by the Criminal Justice, I. Mental Health, and Substance Abuse Technical Assistance Center at the Florida Mental Health Institute to enable the Center to perform the statutory duties established in the authorizing legislation. J Submission of Reports: The Applicant agrees to submit quarterly progress reports and quarterly fiscal reports, signed by the County Administrator, to the Department. 30 328 RFA06H16GS1 APPENDIX E — MATCHING FUNDS Grantee match is that portion of project property and services (staff time, fringe benefits, supplies, equipment, travel, rent, etc.) coming from other than State funds. The matching share must constitute a 1000/6 of the grant amount. For Implementation/Expansion Grant Applicants, a cash match of 5 percent in the first Program year, 10 percent in the second Program year, and 15 percent in the third Program year is required; and the remaining balance for each Program year may be in-kind. The match may be derived from the county or private sources. Both "cash" contributions (provided directly by the grantee) and "in-kind" contributions (from a third party) may be utilized to satisfy the match requirement. A cash match is not required for Planning Grant Applicants. For fiscally constrained counties, and a consortium of fiscally constrained counties, the available match resources must be at least 50 percent of the total amount of the grant all of which may be in-kind. See Appendix F for a list of fiscally constrained counties. "In-kind" means contributions of property or services that benefit this grant -supported projector program and that are contributed by the county or third parties without charge to the grantee. Neither the actual cost nor the value of third - party in-kind contributions may count towards satisfying a matching requirement of the CJMHSA Grant Nit has been, or will be, counted towards satisfying a cost-sharing or matching requirement of another grant, a State procurement contract, or any other award of State funds. If an applicant chooses to include in-kind contributions in its matching share, specific dollar values must be assigned. Applicants are required to use the Commitment to Match Donation Forms (Appendix H) to verify cash and attach valuation to in-kind contributions. A signed form from each match donor must accompany this application as an attachment to the Budget Section. A Match Summary Sheet (Appendix i) is to be used to show the proportions of cash and in-kind match. Examples of in-kind contributions and methods for determining values are as follows: Volunteer Services - Unpaid services provided to a grant awardee by individuals shall be valued at rates consistent with those ordinarily paid for similar work in the grant recipients organization. If the awardee does not have employees performing similar work, the rates shall be consistent with those ordinarily paid by other employers for similar work in the same labor market In either case, a reasonable amount of fringe benefits may be included in the valuation. Supplies - If the county or a third party donates supplies, the contribution shall be valued at the market value of the supplies at the time of donation. Loaned/Donated Eauioment or Space - If a aunty or a third party donates the use of equipment or space in a building but retains title, the contribution shall be valued at the fair rental rate of the equipment or space. If the county or a third party donates equipment and the title passes to the grant recipient, the market value of that equipment at the time of the donation that is applicable to the period which the matching requirement applies, may be counted toward matching in-kind funds. See Appendix F for worksheets to set the value. Matching funds and grant funds used in the Administrative Costs of the budget need to adhere to the legislative cap of 10% of the requested state grant funds. For example, if an applicant applies for $100,000 for a Planning Grant, $10,000 is the total allowable portion of the entire budget for Administrative costs. This $10,000 can be proposed in several ways: • as grant funded entirely (with no matching funds in that line) • as matching funds (with no requested grant funds in that line) • or as a combination of match and grant funds to comprise the $10,000. 31 329 RFA06H16GS1 ! r ria for Allowable and Unallowable Match 1) Allowable for Matching. Matching requirements may be satisfied by any or all of the following; • Allowable costs supported by the county and non -state or federal grants incurred by the county during the effective period of the contract; • Funds from partnering organizations or units of government; • The value of third -party funds and in-kind contributions applicable to the matching requirement period, The value of volunteer services up to and including 10 percent of the total budget. Costs supported by fees and program income. 2) Unallowable for Matching. • Costs paid for by another state or federal contract or grant except as provided by State or Federal statute. • Costs or third -party funds and in-kind contributions that are used to satisfy a matching requirement of another State contract or Federal grant. • Income from sale of printed material, food, and books purchased with State funds. «< The remalWar of this page is intentionally left blank. >>> 32 330 APPENDIX F — LIST OF FISCALLY -CONSTRAINED FLORIDA COUNTIES Each county that is entirely within a rural area of critical economic concern as designated by the Governor pursuant to s. 288.0656, F.S., or each county for which the value of a mill will raise no more than $5 million in revenue, based on the taxable value certified pursuant to s. 101 1.62(4)(a)l.a., from the previous July 1, shall be considered a fiscally constrained county, per 218.67(1), F.S. This list is taken from: hftp://dor.myflodda.com/dor/property/Cofficials/fiscalctpdf/focoO8l2lO.pdf Baker Bradford Calhoun Columbia DeSoto Dixie Franklin Gadsden Gilchrist Glades Gulf Hamilton Hardee Hendry Highlands Holmes Jackson Jefferson Lafayette Levy Liberty Madison Okeechobee Putnam Suwannee Taylor Union Wakulla Washington NOTE: Participation in a consortium by both fiscally -constrained counties and non -fiscally constrained counties will not alter the statutorily required percentages of matching funds for each. 33 331 RFA06H16GS1 APPENDIX G — BUDGET INSTRUCTIONS The budget section of the application consists of a line -item Budget and a Budget Narrative, The line -item budget must show the total project costs and proposed allocation of the requested grant funds. The budget must also indicate the sources and amounts of matching funds. For Implementation and Expansion grants, a 3-vear budget must be provided, Applicants are required to use the Commitment to Match Donation Forms found in Appendix F to verify cash and attach valuation to in-kind contributions. A signed form from each match donor must accompany this application as an attachment to the Budget Section, A Match Collection Summary Report is to be used to show the proportions of cash and in-kind match. Following is a brief line -by-line explanation of the categories to be used in developing the grant budget. Personnel - List each position by title whose salary (or portion of total salary) is to be charged to the grant's budget. Indicate the salary rate for each position and if the position is to be full-time or part-time. If part- time, please identify the level of effort (percent of total). For Implementation grants, you may show personnel expenditures for the 3 -year period at a cost of living increase commensurate with County practices. Frfnae Benefits - Indicate the fringe benefit rate (fixed percentage of total personnel). If the fringe benefit rate varies by position, list each staff position covered and stow the rate for each position. Possible partial coverage could be any combination of social security, health insurance, retirement, or worker's compensation. Administrative Costs - The administrative costs for each applicant may not exceed 10% of the total funding received by the state for each grant. Administrative costs typically include: grant management activities; fiscal, personnel, and procurement management; related office services and record keeping; costs of necessary insurance, auditing, etc. Evaluation activities are considered a direct program cost and are not included in this section, Staff Travel - This item is for travel expenses for project staff. Any travel listed in this category must be for the purpose of supporting grant activities as described in this application. Identify the approximate total mileage to be traveled during the proposed grant period. Mileage reimbursement and other travel rates cannot exceed the maximum rates established by the Department of Children and Families. Consultants & Contracted Services - Show a calculation of charges giving hourly or daily rates for each consultant, List all sub -contracted services, including vendor, purpose and amount. A copy of all subcontracts must be made available to the Department upon request. Agency employees or persons who would normally provide consultant services without charge may not be included in the budget. EguiRment - An item of equipment is an article of property procured that is of a durable nature, and has an expected service life of more than one year. Purchase of equipment is dependent upon program intent and requires appropriate justification. List each item of equipment to be purchased and the specific dollar amount for each item, including installation, insurance, freight and accessories. Supplies - Supplies are consumable or expendable items that are used routinely or that have an expected life of one year or less. Rent and utilities - For each rental required to support grant programs, present monthly cost and number of months rented. If rental expense is to be shared, display grant portion only and explain in the budget justification the other dimensions of the shared costs. Specify the total rental expense and also indicate the monthly rate. If utilities are not included in the rent, list those expenses separately and also provide an estimated monthly utility charge, 34 332 RFA06H16GS1 Other - List expenses for printing, as well as any other charges (except capital expenses) that cannot be identified within the other budget categories. Include sufficient descriptive detail to facilitate review and approval. Unallowable Costs - When completing the budget, please note that the following are types of costs that cannot be included. Below is an inclusive list of unallowable costs: • Supplanting of staff costs; • Administrative costs not related to the implementation of the proposed project; • Indirect costs (i.e., cost not related to the project being funded by this grant); • Office supplies not related to the project being funded by this grant; • Cash payments to intended recipients of services; • For the purpose of purchasing or improving land; • To purchase, construct or permanently improve (other than minor remodeling) any building or other facility; and, • Food and entertainment costs. Line -Item Budget Provide a detailed budget that is complete, allowable, and tied to the proposed activities. Provide the detailed budget as indicated in the sample format shown here or in a similar Excel format. You are not required to use this table; the budget categories and details are what are important. Line Item Bud et:TabW Grant Funds Requested Matching Funds and Other In -Kind Contributions Funding Source of Funds Salaries: Fringe Benefits: Administrative Costs: Staff Travel: Consultants & Contracted Services Equipment: Supplies: Rent(LIblities: Other Expenses: Totals: Total Project Cost: = Grants Funds Requested + Matching Share Match Percentage: = Match / Total Project Cost 35 333 APPENDIX H — COMMITMENT OF MATCH DONATION FORMS (FOR THE ENTIRE GRANT PERIOD) TO: (name of county) FROM: (donor name) ADDRESS: RFA06H16GS1 The following _ space, _ equipment, — goods or supplies, and _ services, are donated to the County permanently (title passes to the County) temporarily (title is retained by the donor), for the period to Description and Basis for Valuation (See next page) Description Value (2) $ (3) $ (4) $ TOTAL VALUE $ The above donation is not currently included as a cost (either direct or matching) of any state or federal contract or grant, nor has it been previously purchased from or used as match for any state or federal contract, (Donor Signature) (Date) (County Designee Signature) (Date) RM 334 Appendix H (cont.) BASIS OF VALUATION Building/Space 1. Donor retains title: RFA06H16GS1 a. Fair commercial rental value - Substantiated in provider's records by written confirmation(s) of fair commercial rental value by qualified individuals, e.g., Realtors, property managers, etc. b. (1) Established monthly rental of space $ (2) Number of months donated during the contract Value to the project [b.(1) X b.(2)) $ 2. Title passes to the County: Depreciation a. Cost of Fair Market Value (FMV) at acquisition (excluding land) $ b. Estimated useful life at date of acquisition yrs. c. Annual depreciation (a./b.) $, d. Total square footage sq. ft. e. Number of square feet to be used on the grant program sq. ft. f. Percentage of time during contract period the project will occupy the building or space % Value to project (e./d. X f. X c.) $ Use Allowance a. To be used in the absence of depreciation schedule (i.e., when the item is not normally depreciated in the County's accounting records), b. May include an allowance for space as well as the normal cost of upkeep, such as repairs and maintenance, insurance, etc. Equipment 1. Donor retains title: Fair Rental Value 2. Title passes to County: a. FMV at time of donation $ or b. Annual value to project (not to exceed 6 2/3% X Goods or Supplies FMV at time of donation Personnel Services 1. Staff of another agency or organization: Annual Salary Number of hours 2080 X to be provided = $ 2. Volunteer -- Comparable annual salary $ Annual Salary Number of hours 2080 X to be provided = $ 37 335 Appendix'! -MATCH COLLECTION SUMMARY REPORT (for the entire grant period) DATE - County - Type of Grant - Match Requirement Percentage - Total Match Required for the Grant $ Match Reported this Period: Cash $ In -Kind $ Total $ Comments: Prepared By Approved By 38 RFA46H16GS1 336 1RFA06H16GS1 Appendix J - CHECKLIST OF MANDATORY APPLICATION CRITERIA Mandatory Criteria Checklist for. RFA06H16GS1— CJMHSA Reinvestment Grant Program Print Applicant's Name: Print Name of Department Reviewer (Procurement Manager): Signature of Department Reviewer: Date: Print Name of Department Witness: Signature of Department Witness: Date: was me application received by the date and 6me specified in the RFA and at the specified address? ❑ (YES) = Pass ❑ (NO) = Fail Comments: Does the Application include the following? Comments: 39 337 ge forminddii nedtdated ❑.(YES) ° P� ❑ (NO) = Fail &Statement of Mandato AssurancesstructureES =Pass NO =Far)Visits c. Non-discrimination ES =pass NO = Faif (YES )= Pass NO = Fail d. Lobbying__ES =Pass NO =Fail e.. .,Drug -Free Workplace Requirements YES =Pass NO = Fail f. Smoke -Free Workplace R uirements(YES)=Pass NO =Fail Compliance and Performance ES =Pass IMO Fail h. Certifications of Nan-su anti(YES)=Pass NO = Fail i. Submission of Data YES = Pass INO =Fail i. Submission of Reports ES = Pass NO = Fail 3. Project Narrative Description of the services to be provided ❑ (YES) = Pass ❑ (NO) = Fail 4 Notice of Intent to Submit an Application Notice of intent received by the time and detailed in Section 3A. ❑ (YES) = Pass ❑ (NO) = Fail S. Budget and Budget Narrative Completed form, including budget narrative ❑ (YES) = Pass ❑ (NO) = Fail 6 Detailed Project Timeline Project timeline for each funding year proposed ❑ (YES) = Pass ❑ (NO) = Fail Commitment of Match Donation Form 7. Completed forms for each match donation committed to the project, each signed and ❑ (YES) = Pass ❑ (NO) = Fail dated 6 Match Commitment Summary Report Completed form indicatingsufficient matchingcommitment and si ned and dated ❑ (YES) =Pass [] (NO) =Fail g. Letters of Commitment Summary list of all or anizations and letter of commitment from each organization I ❑ (YES) = Pass ❑ (NO) = Fail Comments: 39 337 Z=114SWIM-Tem APPENDIX K -- CRIMINAL JUSTICE, MENTAL HEALTH & SUBSTANCE ABUSE REINVESTMENT GRANT PLANNING COUNCIL OR COMMITTEE PLEASE PRINT STATE ATTORNEY OR DESIGNEE COUNTY COURT JUDGE LOCAL COURT ADMINISTRATOR OR DESIGNEE COUNTY COMMISSION CHAIR SHERIFF OR DESIGNEE AREA HOMELESS OR SUPPORTIVE HOUSING PROGRAM REPRENSTATIVE DJJ - DIRECTOR OF DENTENTION FACILITY OR DESIGNEE DCF - SUBSTANCE ABUSE AND MENTAL HEALTH PROGRAM OFFICE REPRESENATIVE COMMUNITY MENTAL HEALTH AGENCY DIRECTOR OR DESIGNEE PRIMARY CONSUMER OF COMMUNITY-BASED TREATMENT FAMILY MEMBER 40 PUBLIC DEFENDER OR DESIGNEE CIRCUIT COURT JUDGE STATE PROBATION CIRCUIT ADMINISTRATOR OR DESIGNEE COUNTY DIRECTOR OF PROBATION POLICE CHIEF OR DESIGNEE CHIEF CORRECTIONAL OFFICER DJJ — CHIEF OF PROBATION OFFICER OR DESIGNEE PRIMARY CONSUMER OF MENTAL HEALTH SERVICES LOCAL SUBSTANCE ABUSE TREATMENT DIRECTOR OR DESIGNEE PRIMARY CONSUMER OF SUBSTANCE ABUSE SERVICES APPENDIX L - NOTICE OF INTENT TO SUBMIT AN APPLICATION (Applicant Name) wishes to inform the Florida Department of Children and Families of its intent to respond to the solicitation entilled". RFA06H16GS1. PLEASE PRINT OR TYPE REQUESTED INFORMATION Name of Authorized Official: Title of Authorized Official: Signature of Authorized Official: Date: Address: City, State, Zip: Telephone No: Website: E-mail Address: 41 ,339 Southeast Florida Behavioral Health Network RECEIVED AT IRC-OCCi ETlN;03 The Criminal Justice, Mental Health, and Substance Abuse (CJMHSA) Reinvestment Grant Program STATEMENT OF NEED AND PURPOSE: The Criminal Justice, Mental Health, and Substance Abuse (CJMHSA) Reinvestment Grant Program (Program) was created by the 2007 Florida Legislature by s. 394.656, F.S., and is housed within the Department of Children and Families (Department). The purpose of this Request for Application (RFA) is to provide funding under the Program to counties which they may use to plan, implement, or expand initiatives that increase public safety, avert increased spending on criminal and juveniles who have a mental illness, substance abuse disorder, or co-occurring mental health and substance abuse disorder, who are in, or at risk of entering, the criminal or juvenile justice system. MANDATORY QUALIFICATIONS: • The Managing Entity for Indian River County may be designated by the county planning council or committee (Applicant) as described s. 394.657, F.S., may apply for a three- year Implementation or Expansion Grant. • The applicant must comply with all requirements listed in s. 394.657, F.S. • The Managing Entity applying for a Planning or an Implementation or Expansion Grant must submit a letter certified by the county planning council or committee designating them to apply for the RFA on behalf of the county. • Pursuant to s. 394.657, F.S., for each Applicant, the Board of County Commissioners must designate the county Public Safety Coordinating Council established under s. 951.26, F.S., or it must designate another criminal or juvenile justice mental health and substance abuse council, or committee, as the planning council or committee for the Program. IMPLEMENTATION AND EXPANSION GRANTS: • The maximum allowable grant award per county is $1,200,000 total for the 36 -month period (i.e. $400,000 per year). • This grant will not be awarded unless the Applicant makes available resources in an amount equal to the total amount of the grant (see Local Match Requirements). • Grant funding must be spent within 36 -months from date of award letter. • Implementation and Expansion Grants will not be renewed at the end of the three-year grant period. J3q-) Southeast Florida Behavioral vioral Health Network LOCAL MATCH REQUIREMENTS: • Local matching funds are required under this Program and grant funding will not be awarded unless the Applicant makes available resources in an amount equal to the total amount of the Grant according to the following stipulations: For Implementation and Expansion Grants only, a cash match of five percent in the first fiscal program year, ten percent in the second program year and 15 percent in the third program year is required and the balance of the match may be in-kind. A cash match is not required for Planning Grants. • Implementation and Expansion Grants can support, but not limited to, the following initiatives: o Mental Health Courts; o Diversion Programs; o Alternative Prosecution and Sentencing Programs; o Crisis Intervention Teams; o Mental Health and Substance Abuse Treatment Services; o Specialized Training for Justice and Treatment Services Professionals; o Services Delivery for Collateral Services such as Housing and Supported Employment; and o Reentry Services to Create or Expand Mental Health and Substance Abuse Services and Supports for Affected Persons. -�3 I - z County Attorney's Matters - B.C.C. 7.12.16 Ofce of �' •��M �-� INDIAN RIVER. COUNTY Dylan Reingold, County attorney William K. DeBraal, Deputy County attorney Kate Pingolt Cotner, assistant County .Attorney MEMORANDUM TO: Board of County Commissioners ✓ FROM: Dylan Reingold, County Attorney DATE: July 6, 2016 SUBJECT: County Business Between July 13, 2016 and August 15, 2016 BACKGROUND ATTORNEY On July 5, 2016, the Indian River County Board of County Commissioners (the "Board") approved a resolution authorizing the County Administrator, or his designee, to execute all documents necessary to the proper functioning of the County which may arise between July 13, 2016 and August 15, 2016. There are several matters, such as adoption of ordinances and approval of plats, which under Florida Statute can only be performed by the Board. Thus, please be aware that if an action of the Board is necessary during this period, the Chair of the Board has the authority to call a special meeting, per section 102.01, Indian River County Code of Ordinances. Approved for July 12, 2016 BCC Meeting County Attorney's Matters COUNTY ATTORNEY F:ulmnn+ey4L++r.7c'CiE�'t7iRl.ff C CAg-d.0 iC" 8..1ursrlh—SB Ad. Indian River Co. Appt2yd Date Admin, 7 Co. Arty. Budget Department - --- Risk Management .,4a BCC AGENDA July 12, 2016 ITEM 14.A (1) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners 5l . SUBJECT: Pinson Subdivision and County Water FROM: Commissioner Bob Solari The Pinson Subdivision in Gifford is near County water lines but currently the water needs of the residents are met by shallow wells. The water is evidently of poor quality, with a high iron content and odors resulting in a poor taste. More importantly the Pinson Subdivision lies between two polluted sites, one a former gas station and the second a former grove site and some contaminants have been found in some of the well water. Most of the residents want County water, but currently the area falls one short of the 66 213 the County generally requires before it agrees to an assessment program. I would like to discuss with the Board how we could today get good drinking water to the Pinson subdivision. Also, given that many in the subdivision are low-income residents, I want to discuss with the Board the possibility of using water ERU's from other properties that are donated to a non-profit for some of the residents in the Vinson Subdivision. Thank you. 341 `P -".`x:'4303 *43011'� _. _ 04300 •4302 _._.....�.Q 4304.. � 43Q6 o 430$ I 4?ti0 - 42so' 4240 e.— F 4230- r r �{li6 204tl , AZtIS 2 - ' 2+004' 20C 2' 20( I 4?ti0 - 42so' 4240 e.— F 4230- 4218 AZtIS w; 4241' 4236. y . , .,1ri i `• �, 11 4.3t , �� y�•. � •.t :42.35• �Y'! _ �'tM. O to j•�.ylti�• ' _ A. ' '_ M;c. i F ,t f 4215 2110 .42N6�t I 4?ti0 - 42so' 4240 e.— F 4230- 4218 AZtIS Groundwater Contamination 20th Ave. Vero Beach Pagel of 2 Groundwater Contamination 20th Ave. Vero Beach VL Vogt, Charles L Wed 5/25 Brown, Anthony J Good afternoon Mr. Brown: Reply all I In reference to the residential area on private wells along 20th Avenue, there are two sites proximal (within a quarter mile of these residences) that represent a potential contamination threat to these potable water wells. - The first site, currently known as Stepaneck's Auto FDEP ID # 9102766 is located at 4215 US Hwy I Vero Beach. This site is a known contaminated site (old gas station) which is still involved in ground water remediation. According to the assessment report developed for this facility, the ground water flow is in an east to north east direction." Witiithis vector, the ground water migration would be towards the potable water wells along 20th Ave.. Directly behind'the residential area on 20th Ave (second site) is an_abandoned a grove barn facility which serviced the citrus grove acreage to the east up to the area of Indian River Blvd. Evidencefrom previous soil grid ground water assessments at similar grove maintenance facilities, have shown contaminates in the soil and ground water ranging from pesticide residues to petroleum contaminates. Although this particular grove barn site has not be assessed, it would be likely that contaminates requiring some form of remediation are discovered as demonstrated often at other similar facilities. Unfortunately, this office and the FDEP will not know of this contamination until a property transaction audit reveals the evidence and required reporting occurs. If you have any further questions about these facilities or require additional assistance, please don't hesitate to contact me. Have a GREAT Day! Charles (CV) Vogt Environmental Specialist III Florida Department of Health in Indian River 1900 27th Street, Vero Beach, Fl., 32960 A7 Office: (772) 794.7440 LAE Fax: (772) 794-7447 0 E -Mail: charles.vogt@flhflhealth.gov Mission: To protect, promote & improve the health of all people in Florida through integrated state, county, & community efforts. Vision: To Be The Healthiest State in the Nation -343 BCC AGENDA July 12, 2016 ITEM 14.13.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 6, 2016 SUBJECT: Review of County Policy on Tire Disposal at Convenience Centers FROM: Joseph E. Flescher, Vice Chairman Commissioner, District 2 In light of information received regarding the Zika virus and concerns about the breeding of mosquitos in stagnant water, I request to open a discussion on Indian River County's policy for tire disposal at the Convenience Centers. •344 14.0.1 July 12, 2016 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS TO: Members of the Board of County Commissioners DATE: July 6, 2016 SUBJECT: Sebastian Grove Estates Maerz Property Hiatus FROM: Wesley S. Davis Commissioner District 1 I kindly request your consideration for options concerning the Maerz Property Hiatus. 345 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Dylan Reingold, County Attorney FROM: David W. Sehryver, PSM, County Surveyor SUBJECT: Sebastian Grove Estates / Maerz DATE: June 27, 2016 Dylan, The following is my opinion on the hiatus issue between the plat of Sebastian Grove Estates and the Maerz parcel: Based upon my review of documents found in the records of Indian River County, it is my opinion that a hiatus does exist between the Plat of Sebastian Grove Estates (Plat Book 5, Page 85), and those lands owned by Mr. Richard Maerz, located at 100 Sebastian Industrial Place, Sebastian, Florida. It is also my opinion that the Hiatus was created when the plat of Sebastian Grove Estates was prepared, as the dimensioning of the plat does not conform, to the Sectional breakdown. The original Government Land Office (GLO) plat for this Section of land shows the area platted as a fractional section since it has an irregular boundary. The irregular boundary is due to the fact that a portion of the Northeast quadrant of the section fronts on the river and did not allow for the laying out of a one square mile parcel, nor allow the setting of the northeast comer of the section. The rest of the section called for the typical breakdown and dimensioning. The legal description shown on the plat document states that the plat is a subdivision of the North 12 of Government Lot 2, of Section 7, Township 31 South, Range 39 East, being a sectional bieakdown type of legal description. According to the original GLO plat, the dimension of the North one-half of Government Lot 2 would have been 660 feet The dimension of 649.77 feet, as shown on the plat of Sebastian Grove Estates does not agree with the breakdown as determined by surveys performed in the area by various local Surveyors. Based on that data, the North one- C:\Users\dmingol"ppDataV.mt\Microsofk\Windows\Temparaiy Internet Files\ContentOutlooMYVOODUQ2\Sebastian Grove Estates_ Maerz.doc 346 half of Government Lot 2 measures as follows: • 660.00 As shown on the GTA plat (1859) • 666.73 feet as determined by Carter Associates (1994). • 666.48 feet as determined by David Jones Surveying (2002). Although the legal description of the plat reads "BEING A SID OF THE N 1/2 OF GOVT. LOT 2, SEC. 7, AND THAT PART OF BLOCK 11 HARDEE'S ADDITiON, BEING IN GOV'T. LOT 7 SEC. 6 TWP.31 S RGE. 39 E AS RECORDED IN PLAT BOOK 3, PAGE 1 ST. LUCIE CO. FLORIDA, RECORDS", the dimensioning of the plat is in disagreement with the breakdown dimension(s). Since the plat dimension does not agree with the breakdown, the plat, as constructed, monumented and occupied, causes the position of the south line of the plat to be inconsistent with the position of the south line of the north 1/2 of Government Lot 2. Thereby, creating a hiatus between the south line of the plat and the south line of Government Lot 2. The Maerz parcel, being described as being, "THE NORTH HALF OF THE SOUTH HALF OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 31 SOUTH, RANGE 39 EAST...." Places the North line of his property consistent with the breakdown location of the south line of the north 1/2 of said Government Lot 2. In January of 1991, the Maerz parcel was annexed into the City of Sebastian per Ordinance No. 0-09-17. Therefore, it is my opinion that a hiatus does exist, and the north line of the Maes parcel is the correct location of the boundary between the City of Sebastian and the Indian River County. Thus, the hiatus created lies in unincorporated Indian River County. C_1Usersldreingold\AppDataU=al\Micrmoft\Windows\Temporary Intemet Files\Content.Ontlook\YVOODUQ2\Sebastian Grove Estates` Macmdoc 347 FOIFO 3rd'>(nAR INO CMI NOpTN LIK DOYTAYE.vi IAT i N K']Y' 'Y DY tY JD"i4"Y mo;' fwlEmR'! 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D OIFIE 16-1 DLO l5 FOv>ef •I ., £ ^ $'N BLOCK BLocK i a1 2 a�y 9•,�, J� t+ BLCCK 1 I� 7 _ _ _ gig§ g 1T1�f .$ \ n.r • K'N Ya'E I} Its .AO'IL• I0.2!"-� ^\ A ]ET 3/e•F i•R 10. b' f \a•w ] N ,I'Y � IATU F ']s•E +K. +iCr IATVS +V.IS CM 1900 ^L • t (] aMC l 101.00' ;OaHD frL' RELL •0135 W SMI • { 0.00'F SIS'REYUI r .t + .! M •SHOO • FgNc Sr!'RRIAR" • .. { ;cV S.]S 10d - ^ 0. "F l O. SS'F '� 1+.Y I. O'x t .•D'Y f 0 'N..is°w RAI a 'r Ja + • + + u r + I n.A R i s ��•EE Z I. �• 1 O Jy` iEX .ua9 9. SUBJECT PARCEL - ! +u.. �++.• PORTION OF THE J 9 '": N 1/2 OF S I/2 NOT INCLUDED uraoFlvar LounDNa "-`-"' "-""UF I R NW 1/4 OF THE NE 1/4 + ^. $ �^ PORTION OF THE SECTION 7-31-39 w �y x N 1 12 OF S 1/2 IY.aNi s.ND wIKI^ _ z . OF THE NWI /4 OF THE NE 114 + ! �$zw - SECTION 7-31-39 ` + ' 'y Ir•Gt1 s•n xlKl u.3 ^T o f 33� M *• I �oY n.D ! .• + C•OOrExf°FEKNr .. + R . .r , C, s3 u01 IIICl110E0 + . Y K'JO•]I• d'vE +N I. 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NLI U z c• h >- Lu > LL Ld Q � � z z - =) o m a Q a- L a m w N Oly Ku£ - 50 1001.11} a I.a 2-5..0 SEBASTIAN GROVE ESTATES I'An I11Ni A $/O a TI1[ Y I/s ar tt DO 1DT t. W. T. AMD Thar IMT 0► t1DLY II a.39 r,'t Atd71fY1, 'tOW IN .pVt LOf. If IMG TIIIR i!t Rl 1. Al 11ECORoO) IM "T W" a .BADE WCI[ Cn t104al, NEC0004 PLAT BOOK b PAISE " DOCKET 99590 t.AntratE N t v mE MAU N A4rw yeA I 1R .L.Tl at alRln ma[r s Waisw•1 ss t[t{Tr N IfDIAi AIIL i 1' Ma» .a MIL W ww{Y ltyN•o J•.yl1 i. tYoYr, {Yq Y � N L MI• I.tw W n- ' [. tro . N t!o •ost N trWEloa orwtN•..O-y. NUNL7N •f i. W Y Ay •w - ts,. t.YtN�/A b.M of {•M bnN NNAMI .+�..yt W [ b .1{ {Nett' N{. Ntlo.tl•a. to Y•• TL•e W [ bait N/WN L � W a Nfery .0 .iaoL, s17 ,.•..•.a7 ulNN a Y.oy.E W •fr .! ALwqul, f• '. Y H 'of�4. ►orli. W ...MMOi.. N MN Y..w• �f••r^P.••..ti.�(•I N . � tiNlN, a.1N W W[suN [• 0• )iNwe. N. �{{�' �^'�r:.a.' • •• TA a fY: t �GiL_ _ _ h1a+•,112[ 4; .•..� • to awnr=An or uATE or ometzr atilt Y jr �0 1 N 000 MQd"E IIBDQ l tial 10 ROAD t.at a .a.....••.I t {t • N bil Na I{t W t.pi•.�tL Ar lN �Nr,�[�,.• •[ tL,{N• 911. i.iIa.!R �( ![ANK W CM. NW t{,N{i �LlAltr : - maauaa a A1T.AM4 � ;.L• N 4b.lia Mi, M4W ii � •N�a•..N r „gr/NlINr. N aN �•1•Jo •r.Qtfds:..• Law. Amaral$CUM1 A21 W i B L O C K I 4 Y Y N Y Y 11 N t t / 4 0 • i Q l 9 A o0 • ulDlCint INM 0 NINrATn Laos nil ....NQNn Ian Du"Ic mumAlb O MAA l' ON SIM L. 11119, AND . IV ON 04N LINQI p ALL 19. CLETAT1OMt ARE NNOER MED ANO PAN TO WC • t► DAT". maxtIOLA .t AMA4(L • ft. our .00tftoi•v—�Auy- t— Am Y �bNi� oil.A. w+..7, .Y•4A RECORD VERIFIED JEFFREY K. BARTON CLERK CIRCUIT COURT INDIAN RIVER CO.. FLA ORDINANCE NO. 0-90-27 X' AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, .PERTAINING TO VOLUNTARY ANNEXATION; ANNEXING TWO PARCELS OF LAND GENERALLY BORDERING THE NORTHEAST SECTION OF THE CITY, APPROXIMATELY 10 ACRES, MORE OR LESS, LOCATED ON THE WEST SIDE OF THE RIGHT-OF- WAY OF OLD DIXIE HIGHWAY AND 110 FEET SOUTH OF WOODMERE ROAD; PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owners of the parcels of land described herein ca have petitioned the City of Sebastian to voluntarily annex said N `^ parcels of land; and a WHEREAS, the City Council finds and determines that the land proposed to be annexed is contiguous to the City of Sebastian and m will not result in the creation of any enclaves; and y WHEREAS, the City Council finds and determines that the land N rl proposed to be annexed constitutes a reasonably compact addition to the incorporated territory of the City of Sebastian; and o WHEREAS, the City Council finds and determines that the annexation of saidarcels of p property are in the best interest w of the City of Sebastian. a NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE d 44 CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: 0 SECTION 1. PROPERTY. That the following described real property, now lying and being in an unincorporated area of Indian u° River County, Florida, is hereby annexed into the City of dP ad 1 CT W -+J 0 0 C 00 co Cn ca IV W IV O 350 Sebastian, Indian River County, Florida, and the boundary lines of said City are hereby redefined to include said real property, which is described as follows: Parcel 1 - The North half of the South half of the Northwest 1/4 of the Northeast 1/4 of Section 7, Township 31 South, Range 39 East, said land lying and being in Indian River County, Florida. Parcel 2 - Beginning 772.92 feet south of the Northwest angle of Lot 1, in Section 1, Township 31 South, Range 39 East, said point being the intersection of the Westerly right-of-way of Old Dixie Highway and the West line of said Lot 1, Section 7, Township 31 South, Range 39 East; thence run south a distance of 217.08 feet; thence run east a distance of 98.30 feet to the said Westerly right-of-way of Old United States Highway 1; thence run Northwesterly along said West right-of-way a distance of 238.61 feet more or less to the point of Beginning. These parcels of land are generally situated west of the right- of-way of old Dixie Highway and 110 feet south of Woodmere Road, bordering the northeast portion of the City. SECTION 2. FILING. A certified copy of this Ordinance shall be filed with the Clerk of the Circuit Court of Indian River County and with the Florida Department of State. SECTION 3. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it will be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of 2 I 351 this Ordinance without said invalid 'and unconstitutional provision, thereby causing said remainder to remain in full farce and effect. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect upon final passage. The foregoing Ordinance was moved for adoption by Councilman DfC. The motion was seconded by Councilman ` and, upon being put into a vote, the vote was as follows: Mayou W.E. Conyers Vice -Mayor frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilmdn Lloyd Rondeau. The Mayor thereupon declared this Ordinance duly passed and adopted this G'7.3 day of �� .�... 1991. CITY OF SEBASTIAN, FLORIDA By: W.E. Conyers, ayor ' ATTZST: .athzyr!•� O• Halloran, : CMCIA•AE„ City Clerk 3 0 CO co cn 0 c7 N CA) N N 352 7 r 1 �• / i 4 �� ` 4 ' V I •►{1 1M ` \\ 4n 4V J.Ail �, ,M`� %, of lttf ~ ` r r SV/IlsQ •.. * ' li 1. AV. ASO. df • I. Ni •laS• �l Qj 1.r,.I .. ��....lAw ti /irr r,. •/1 .. J �• N ! • (' �C'� Y.,Jr' ,�J vu►reyaC y �,-.�..++.,.�, �,,..«.. N-/Jyrt A•. •r.. .Ir♦ N.n.� rI oweA"M 7^a .. • rt � 1 f Y .f Ll � � '�� .i)wsGw` /y ..�. B 7� l �s•N/o I� IIi � ' _ N��• r•, � ♦l:• pd I Sj To IA►A4 • Ito �-/� ►c i r t ' -00 f, wr r" an f w tY%1•.sl+fs ,It&ji' :�i+w.i fv . raN.9s tk.+•l .�,f r.w�-s 1 y,,..q- ^L+ 1 J4'O • r ` �'• �� • ,' . ,� f r t � � /�' � x . !:/fl J•� /iwJil f Il�G /Srtw/�r'f.�-JIMII..M> � .f/1�N� e/--_(r►nu.!!a L w�r+k-!{� d�- rrapy� a,� LI i ,s. � � �'� (t`� , F � _j � `� �� J 1 'f _ .Rk��ulA .►A•�ii..lH ..�wi �tM: h.i..K /M t+C' �Il.' ', 7 r 1 �• / i 4 �� ` 4 ' V I •►{1 1M ` r 4W.ONTIM or*& I( A,#" i ."k to J?f_ %� J.Ail �, ,M`� %, of lttf ~ ` r SV/IlsQ •.. * ' li AV. ASO. df • .fr.; �;{r ! • (' Y.,Jr' ,�J vu►reyaC y �,-.�..++.,.�, �,,..«.. N-/Jyrt .ter yy 7^a .. • L"+� �• •, 1 � 1 f Y .f Ll � � '�� .i)wsGw` /y ..�. B 7� l �s•N/o I� IIi � ' _ N��• IA►A4 • �-/� ►c i r t ' -00 f, wr r" an f w tY%1•.sl+fs ,It&ji' :�i+w.i fv . raN.9s tk.+•l .�,f r.w�-s 1 y,,..q- ^L+ 1 J4'O • r ` �'• �� • ,' . ,� f r t � � /�' � x . !:/fl J•� /iwJil f Il�G /Srtw/�r'f.�-JIMII..M> � .f/1�N� e/--_(r►nu.!!a L w�r+k-!{� d�- rrapy� a,� LI i ,s. � � �'� (t`� , F � _j � `� �� J 1 'f _ .Rk��ulA .►A•�ii..lH ..�wi �tM: h.i..K /M t+C' �Il.' ', IK• i►/ WIN &A 1 /6. f ! '� 4.! / TA j//i..JyiT 1rAr.MQ•�'/r n .Nil ► ' I I � :, �(/M ''y,}Jk I r'.a ��'1 i � � �./tN S ww.w.G J✓ C� /fw r�twyJrl % f f - Eirc �1t..11.,,c +•s ss s� ..l u ••.• a►..ur.. LII J. r-wA•R ,rijy „M«...,.-....f�. aceta o.,.f••«.r. 'l•r-•ww��N � � MFs`dYara iM�'$?ini�ji Id �++4� .M.1 J.«.....f.tl.«J..a.. i. AV -dj ►Y�•w..J.,.er.a► A _! �'/��.%�' '. + ,l.-AJJlWj�rJyy N, b so 1JJr,i •-.I fl' !• tJ•IA ~I I /_-_,���,,j ` �4 q--R.'YY"••�' ♦ J - • 14.0.2 July 12, 2016 INDIAN RIVER COUNTY TO: Members of the Board of County Commissioners DATE: July 6, 2016 SUBJECT: Letter of Support for Treasure Coast Community Health FROM: Wesley S. Davis Commissioner District 1 I kindly request your consideration in approving the attached draft Letter of Support for Treasure Coast Community Health. Attachment (1) 354 Bob Solari Chairman District 5 Joseph E Flescher Vice Chairman District 2 July 12, 2016 Ms. Vicki Soule' Chief Executive Officer Treasure Coast Community Health, Inc. 12196 County Road 512 Fellsmere, FI 32948 Dear Ms. Soule': Wesley S. Davis District 1 Tim Zorc District 3 Peter D. O'Bryan District 4 As Chairman of the Board of County. Commissioners of Indian River County, I am pleased to offer this letter of support to Treasure Coast Community Health (TCCH) in its application to the Health Resources and Service Administration for a New Access Point (HRSA 17-009) in Sebastian, Florida. TCCH has a_23 -year hi6tory of helping the uninsured, under -insured, and low income families and individuals in Indian River County, including migrants and seasonal farm workerd The Board supports TCCH's efforts to reach out to the underserved of all races, ethnic backgrounds and financial situations. This is a,great opportunity to provide increased access to healthcare to the citizens of Indian River County. This 'further demonstrates TCCH's commitment to the most vulnerable in our community. Thank you for your continued efforts to provide quality, affordable healthcare in Indian River County. Sincerely, Bob Solari Chairman 1801270 Street, Building A Vero Beach, FL 32960 (772) 226-1490 -155 July 5, 2016 ITEM 14A I INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 5, 2016 SUBJECT: Poet Laureate Designation �j FROM: Peter O'Bryana1 Commissioner, Distri9 Request the Board approve the designation of Poet Laureate for Indian River County as an honorary position with a 4 year term, consider offers by community groups who might wish to be the official agency to make recommendations to the Board, and then designate an agency to review candidates and make a recommend for Poet Laureate to the Board. 356 RESOLUTION 2004-22 A RESOLUTION PROCLAIMING DENNY SMITH AS THE POET LAUREATE OF NASSAU COUNTY FOR THE TERM SEPTEMBER 1, 2003, TO AUGUST 3*1, 2004. WHEREAS, the Nassau County Writers and Poets Society has recognized a local poet as the Poet Laureate of Nassau County, Florida; and WHEREAS, there has heretofore never been a Poet Laureate of Nassau County; and WHEREAS, the Nassau County writers and Poets Society agrees to bear the full responsibility for the selection and: recognition of the selectee who will be chosen from the entire citizenship of Nassau County; and WHEREAS, there shall be no expenditure of State,. County, or local government funds associated with this honor. IT IS, THEREFORE, RESOLVED this 23rd day of February, 2004, by the Board of County Commissioners of Nassau County, Florida, as follows; 1. The Board hereby agrees to recognize the selection by the Nassau county Writers and Poets Society as the official Poet Laureate of Nassau County, Florida. 2. The Board hereby recognizes Denny Smith as the Poet Laureate of Nassau County, Florida, for a. one (1) year 1 � f � period from September 1, 2003, to August 31, 2004. ATTEST: *1 �lv J. P'° O Y, JR. Its: Ex- fficio Clerk Approved as to form by the Nassau County Attorney ICHAEL S. LIZC z/amyers/ree/poet-laureate 2 BOARD OF COUNTY COMMISSIONERS NASSAU COUNTY, FLORIDA - 'z4je- 6 FLO VANZANT Its: Chairman If July 12, 2016 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS I I Z 1 CC 1111P i111 i � i� 11, i ;�� �!11 � 1� ;�j 111 � �l�i TO: Members of the Board of County Commissioners DATE: July 1, 2016 SUBJECT: Economic Opportunities in the SR 60 Corridor FROM: Tim Zorc Commissioner, District 3 Discussion Item: Continued Discussion on Item #5 from Commissioner Zorc's Economic Development Initiatives. Specifically, evaluating existing commercial zoning/land use acreage and mixed use allowances for commercial development along SR60 between 58th Avenue and % mile west of 66th Avenue, coordinating with Indian River State College (IRSC) on its master plan, and amending the County's Comprehensive Plan and Land Development Regulations (if warranted), while avoiding strip commercial development. Data collected and initially analyzed. Meeting with land owners regarding use of mixed use allowances rather than, C/I expansion. Mixed use appears to be viable (preferred) option to C/I expansion. 360 lilt � � �{ � � R s x � E L � a E � � g� F[ E tl �L C i� .� E �p 6 a� A £ �F • 0 }( Eli ai �F Y p° g vE g it Sig �2gwXdE���7g �,���E Y� .� �•�� �� p Ads � �g��8 � i'S X ���wZ� Ti3� e k 360 July 12, 2016 ITEM 14.E.2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 5, 2016 SUBJECT: Zika Virus Precautions for Indian River County FROM: Tim Zorc Commissioner, District 3 Discussion Item: The Zika Virus is primarily spread through the bite of an infected Aedes species mosquito. The Virus can also be spread through sexual contact with an infected man and can be transferred from a pregnant woman to her fetus. Currently, there are no known cases of Zika virus that originated in the United States. There are, however, cases of in the United States from areas where the Zika virus is found such as the Caribbean, South America and Central America. There is concern that Florida will be one of the first areas that will see the Zika virus from the Aedes species mosquito originating in the United States. As such, I would like to be proactive in providing up-to-date information and resources to the public. 361 July 12, 2016 ITEM 14.E.3 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 5, 2016 SUBJECT: Road Maintenance for 36th Street FROM: Tim Zorc Commissioner, District 3 Discussion Item: Discussion on road maintenance for 36th Street between US 1 and 11th Drive. This road is which is privately owned by the Indian River County Hospital District, provides a vital link from US 1 to the Indian River Medical Center. There are numerous medical office buildings that use 36th Street as their primary access road. Currently, Indian River County cannot provide maintenance on 361h Street due to its private ownership. The current property owners using 36th Street for their access are paying $396,000 in 2015 Property Taxes of which 5-6% funds Road and Bridge services. 1 would like to reach out to the Indian River County Hospital District about the transfer of ownership of the 36th Street right-of-way to Indian River County. This transfer of ownership would allow for the proper maintenance of the road. 362 Indian River County, Florida Property Appraiser's office: , ASA CFA Parcel -32393500000100000001.1 GENERAL PARCEL INFORMATION Owner INDIAN RIVER COUNTY HOSPITAL, DISTRICT Property Address 36TH ST VERO BEACH, FL 32960 Mailing Address 1000 36TH ST VERO BEACH, FL 32960-4862 Legal Description Page 1 - Run at: 7/5/2016 No image found. LAND ASSESSMENT HISTORY EMERGENCY ENTRANCE TO I.R. MEMORIAL HOS- PITAL AN E -W 80 FT RNV E OF US HWY NO 1 LYING IN Property Use 9400 - RIGHT -OF -WA TaxCode 7&nbsp;&nbsp;(Unincorp Indian River County) Neighborhood 990151.00 - 45TH ST/37TH ST/E US1 M&B Appraisal Date 7/16/2015 Page 1 - Run at: 7/5/2016 No image found. LAND ASSESSMENT HISTORY Rec Land Use Zoning Acres Units Unit Type Front Depth Adj. Code Year PUse VBy Land JV Bldg Val Misc Val CAMA Val Taxes 001 94X -RIGHT-OF-WAY- MED 3.77 1 U - UNIT 0 0 NA 2015 9400 C $0 $0 $0 $0 $0.00 2014 9400 C $0 $0 $0 $0 $0.00 2013 9400 C $0 $0 $0 $0 $0.00 2012 9400 C $0 $0 $0 $0 $0.00 SALES BUILDING PERMIT SUMMARY MISCELLANEOUS IMPROVEMENTS W c+ INDIAN RIVER COUNTY -3. SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: June 30, 2016 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Final Pay to SCS Engineers for Work Order No. 3 for the New Household Hazardous Waste and Citizen Drop -Off Center DESCRIPTIONS AND CONDITIONS: On February 2, 2016, the SWDD Board approved Work Order No. 3 to SCS Engineers in the amount of $22,832 pursuant to an extension and amendment of the Continuing Contract Agreement for Professional Services between Indian River County Solid Waste Disposal District (SWDD) and SCS Engineers dated November 4, 2014. The purpose of this work order is to replace the Household Hazardous Waste (HHW) and Citizen Drop-off center that has been operating at the main landfill for over 20 years. As mentioned in the original staff memo, staff recommended a step wise approach in planning the improvements and developing a conceptual design of the improvements. Future work would include detailed design, permitting, bidding and construction services. The conceptual plan of work included surveying services, coordination with Florida Power & Light (FP&L), the County Building department and an Administrative Approval process with the County Planning department. A preliminary construction estimate was also included to ascertain if the conceptual design is within our fiscal budget for this project. ANALYSIS: SCS Engineers has satisfactorily completed all of the tasks described in the scope of work for a total invoiced: amount, including the final invoice of $5,738.48, of $22,772.34, which is under the approved budget. Attached is the letter report from SCS Engineers describing in more detail the services provided under this work order. Based on a primary conceptual layout, SCS Engineers submitted a preliminary construction estimate in the amount of $946,746, which exceeded the current budget of the project by $146,746. Approximately $60,000 of this cost is due to an interior roadway shift that staff directed in this design to both allow for more room for this project as well as to pre -plan the eventual reallignment with the overall landfill permit plans. The major price factors are the new 3,600 sq ft HHW building and the new drive up ramp feature for residents to conveniently drop-off their garbage, recycling and construction materials. The new HHW building is estimated to cost $216,000 and the associated ramp costs are $142,957. There is an alternate option where instead of a fully enclosed HHW building (3,600 sq ft at $60/sq ft), we could have an open drive-through SWDD Agenda - Final Pay for WO No 3 SCS Engineers New HHW and Citizen Drop -Off Center - Rev I by SCS Page 1 of 2 364 facility. Based on other similar projects, SCS Engineers estimates that this alternative option could save SWDD $36,000 in construction cost (3,600 sq ft at $50/sq ft). The down -side to this is the exposure to rain and storm events. Overall, the cost of this project is approximately 60% less than our last upgrade at the Oslo Customer Convenience Center. To reduce costs, SCS Engineers developed a secondary conceputal layout wherein the existing HHW building would continue to be utilized and a 24 -foot wide access road would not be re- located; however, a new canopy structure would be constructed adjacent to it to allow for residential drop-off of the material. This secondary conceptual layout also reduced the length of the drive -up ramp feature by providing containers on both sides of the elevated area. The revised construction estimate is approximately $410,000 and is within budget. FUNDING: Funding for the new HHW and Citizen Drop-off center is budgeted and available in the Engineering Services account in the SWDD Landfill Fund, which is funded from SWDD assessments and user fees. The account has a total budget of $555,000 for the 2015/2016 fiscal year. ACCOUNT NO.: • Description Account Number Amount Engineering Services 41121734-033130 $5,738,48 RECOMMENDATION: SWDD staff recommends that its Board approve the final invoice from SCS Engineers in the amount of $5,738.48 and authorize staff to proceed with obtaining a proposal from SCS Engineers' design, permitting and construction services for the secondary conceputal layout. ATTACH MENT(s): 1. SCS Engineers Project Completion Report & Final Invoice M For: Jason r. Brqwn, County Administrator =i Indion River Co. App;p% Date Administration Legal Budget SWDD SWDD-finance SWUD Agenda - Final Pay for WO No 3 SCS Engineers New HHW and Citizen Drop -Off Center - Rev I by SCS Page 2 of 2 '3165 Environmental Consultants 4041 Park Oaks Blvd, 813 621-0080 and Contractors Suite 100 FAX 813 623-6757 Tampa, FL 33610-9501 www.scsengineers.com June 10, 2016 File No. 9215129.03 MEMORANDUM TO: Himanshu Mehta, PE, Indian River County Solid Waste Disposal District Indian River County Landfill 1325 74th Ave. SW Vero Beach, Florida 32968 FFROM: Bruce J. Clark, P.E. David Beben, P.E. Marc Rogoff, Ph. D. SUBJECT: Request for Final Payment Indian River County 'Landfill Household Hazardous Waste and Citizen's Drop Off Center Mr. Mehta: SCS Engineers is pleased to submit this request for final payment for project number 9215129.03, related to the conceptual design of a new Household Hazardous Waste (HHW) and Citizen's Drop -Off Center at the Indian River County Landfill. In accordance with the 2014 Solid Waste Master Plan recommendations, the area was targeted for upgrades during this fiscal year. SCS Engineers completed the following tasks in relation to this task order: • Contracting with a local professional surveyor to locate topographic elevations, utilities, existing structures to be demolished, and existing utilities. • Assess current and future customer counts for landfill customers of the drop-off and HHW center to size the new building, drop-off and queuing areas. • Produced a conceptual plan layout for the new 3,600 square foot HHW collection center. • Coordinated with Florida Power and Light to move existing power underground for the proposed ramp. Attended a meeting with County Solid Waste Division staff on April 13, 2016 to discuss Preliminary Conceptual Layout. Attended a site plan meeting with County Current Development and County Solid Waste Division staff on May 23, 2015 to determine County development requirements for the project. • Design of Final Conceptual Plan submitted May 27, 2016. 366 Mr. Himanshu Melita June 10, 2016 Page 2 o Produced a cost estimate for the County submitted on June 10, 2016, i SCS Engineers is pleased to work with Indian River County on this important protect which will provide the County's an adequately sized, compliant and safe area at the landfill for waste drop-off and HHW storage for dozens of years. A proposal has been submitted for the next phase of the project to produce engineering drawings and specifications io) permitting for the new structures. Please call us if you have any questions or need additional information. Sincerely, C David M. Beben, Y.E. Senior Project Professional SCS ENGINEERS Im m INDIANRIVER COUNTY SOLID WASTE DISPOSAL DISTRICT rwacr nn, VERO BEACH, FLORIDA INDIAN RIVER COUNTY LANDFILL .364 -Z- INDIANRIVER COUNTY SOLID WASTE DISPOSAL DISTRICT rwacr nn, VERO BEACH, FLORIDA INDIAN RIVER COUNTY LANDFILL .364 Citizen's Drop Off Center and Household Hazardous Waste Center Engineer's Cost Estimate - Conceptual Design Indian River County Landfill Vero Beach, Florida Date of Estimate: June 28 2016 ITEM HOUSEI [OLD HAZARDOUS WASTE CENTER AND CITIZEN'S DROP-OFF HHW CANOPY HHW BUILDING & x I(Y HHW STORAGE CABINETS CIVIL - PAVEMENT - SUBGRADE, TYPE, B STABILIZED, 12 - CIVIL - PAVEMENT- LIMEROCK BASE, 8" CIVIL- PAVEMENT- 1.5" A.C.S.C_ TYPE SP -12.5 CIVIL - RAMP - SUBGRADE TYPE B STABILIZED, 12" CIVIL" RAMP - LIMEROCK BASE, 8" Cl VIL - RAMP - 1.5" A.C.S.C. TYPE SP -12.5 CIVIL - RAMP - STRUCTURAL FILL, 24" COMPACTED CIVIL - RAMP - STEEL. SLIDE ATTACHMENT CIVIL - RAMP - RETAINING WALL CIVIL - RAMP - RAILING CIVIL - ROLL. OFFS - CONCRETE, 12" CIVIL - ROLL -OFFS - BOLLARDS CIVIL - STRIPING AND SIGNAGE, CIVIL - SODDING BAHIA DRAINAGE - CULVERT, 18" DRAINAGE - TYPE C INLETS DRAINAGE - MITERED END SECTIONS, 18" DRAINAGE - STORMWATER PERIMETER CHANNEL SECURITY CAMERAS AND FIBER OPTIC CABLE UTILITIES - ELECTRICAL (.FPL) UTILITIES - FIRE HYDRANT ABOVEGROUND STORAGE TANK, 150 -GAL CLEARING, GRUBBING, DEMOLITION EROSION AND SEDIMENT CONTROL MOBILIZATION AND BONDING (5%) SUB -TOTAL CONTINGENCY AND ADDITIONAL MATERIALS (10%) TOTAL Note. HHW building estimates do not include sprinkler systems for fire suppression UNIT QUANTITY UNIT COST TOTAL SF 900 $ 25 S 22,500 EA 2 $ 19,000 $ 38,000 SY 1,536 $ 170 $ 5,684 SY 1,536 S 15.53 $ 23,852 SY 1,536 $ 8.60 $ 13,212 SY 618 $ 3.70 $ 2,288 SY 618 $ 15.53 $ 9,601 SY 618 $ 9.60 $ 5,319 CY 825 $ 20 $ 16,492 LS 1 $ 5,000 S 5,000 SF 1,292 $ 25 $ 32,301 LS I $ 5,000 $ 5,000 SF 792 S 13 $ 9,900 EA 12 $ 400 $ 4,800 LS I $ I D,00() $ 10,000 SF 29.773 $ 0.23 $ 6,914 LF 242 $ 64 $ 15,488 EA 3 S 3,000 $ 9.000 EA 2 S 1,600 S 3,200 LF 1 $ 10,000 $ 10,000 I'S I S 10,000 $ 10,000 LS 1 $ 50,000 $ 50,000 EA 1 $ 5,000 $ 5,000 EA 2 $ 2,079 S 4,158 LS 1 $ 25,000.00 $ 25,000 LS I $ 15,000 S .15,000 LS I. 1 15,885.48 $ 15,885 S 373,595 S 37,360 $ 410,955 369 4041 Park Oaks Blvd. 613 621-0680 Invoice Suil"..Z; I Oc FAX 813 U3-6757 1=3:.3361`'-9501 www.stsengineers.com SCS ENGINEERS Mr- Himanshu Mehta Indian River County SW Disposal District 1325 74th Avenue SW Vero Beach, FL 32968 Remit to: SCS Engineers 3900 Kilroy Airport Way, Suite 100 Long Beach, CA 90806-6816 Tax ID No: 54-0913440 June. 13, .2016 Project No: 09215129.03 Invoice No: 0280335 Work Order Number 3 Concept Design Layout for New Citizen's HHW and Recyclables Drop-off Facility Professional Services from May 01, 2016 to June 13, 2016 Task 00001 Indian River Co, Initial Concept Design Professional Personnel Hours Rate Amount Secretary/Clerical Friend, Pennie 1.00 00.00 70.00 Totals 1.00 70.00 Total Labor 70.00 Billing Limits Current Prior To -Date Total Billings 70.00 12,501.32 12,571.32 Limit 12,586.00 Remaining 14.68 Total this Task $70,00 -------------------------------- Task 00002 Indian River Co, Final Conceptual Design Professional Personnel 370 Hours Rate Amount Project Director . Clark, Bruce 9.50 v,210.00 1,995.00 Senior Project Professional Beben, David 25.00 -' 135.00 3,375.00 Staff Professional Spurlock, Ian 1.00 /100.00 100.00 Secretary/Clerical Friend, Pennie .50 1/ 70.00 35.00 Totals 36.00 5,505.00 Total Labor 5,505.00 370 Project 09215129.03 Indian River Co,Design HHW/Drop Off, FL Invoice 0280335 Consultants Outside Labor/Temp Srvcs 5/15/2016 Aerotek, Inc** - USA J Schwoerke 4/18 14.00 Scanning/email Indian River Drawing 09215129.03 tsk 1 Total Consultants 1.15 times 14.00 16.10 Reimbursable Expenses Auto Mlg/Maint/Rent/Gas Meals & Incidentals Total Reimbursables Thank you. 120.96 7.20 1.15 times 128.16 147.38 Total this Task $5,668.48 Total this Invoice $5,738.48 3'71 Page 2 Project 09215129.03 Indian River Co,Design HHW/Drop Off, FL Invoice 0280335 Billing Backup Tuesday, July 05, 2016 SCS Engineers Invoice 0280335 Dated 6/13/2016 - 1:49:58 PM ------------------------------- Task 00001 Indian River Co, Initial Concept Design Professional Personnel Secretary/Clerical 02862 81000 - Friend, 6/1312016 Pennie Project Admin Totals Total Labor Hours Rate Amount 1.00 70.00 70,00 1.00 70.00 70.00 Total this Task $70.00 - - --- - - - - --- - - - - - - - --- - - - --- - - - - - - Task 00002 Indian River Co, Final Conceptual Design Professional Personnel Page 3 Hours Rate Amount Project Director 00650 81000 -Clark, Bruce 5/3/2016 2.00 210.00 420.00 Concept floor plan for HHW building 00650 81000 -Clark, Bruce 5/4/2016 1.50 210.00 315.00 Concept sketches and haz, bldg. rehab. estimate 00650 81000 - Clark, Bruce 5/9/2016 .50 210.00 105.00 Discuss new building concept design 00650 81000 - Clark, Bruce 5/23/2016 5.50 210.00 1,155.00 Meeting with County to review County Bldg. requirements Senior Project Professional 04157 01000 - Beben, David 5/3/2016 1.00 135.00 135.00 final conceptual plan 04157 01000 - Beben, David 5/4/2016 1.00 135.00 135.00 final conceptual plan 04157 01000 - Beben, David 5/5/2016 1.00 135.00 135.00 final conceptual plan 04157 01000 - Beben, David 51612016 3.00 135.00 405.00 HHW and CCC final plan 04157 01000 - Beben, David 5/9/2016 1.00 135.00 135.00 final conceptual plan 04157 01000 - Beben, David 5/10/2016 1.00 135.00 135.00 final conceptual plan 04157 01000 - Beben, David 5/11/2016 1.00 135.00 135.00 final conceptual plan Page 3 Project 09215129.03 Indian River Co,Design HHW/Drop Off, FL Invoice 0280335 04157 01000 - Beben, David 5/12/2016 1.00 135.00 135.00 04157 final conceptual plan 135.00 04157 01000 - Beben, David 5/1312016 1.00 135.00 135.00 04187 final conceptual plan 135.00 04157 81000-Beben, David 5/2012016 2.00 135.00 270.00 04157 final conceptual plan for new HHW center 135.00 04157 81000 - Beben, David 5/23/2016 5.50 135.00 742.50 04157 meeting with County Planning Division and County Utilities 135.00 Department 04157 81000 - Beben, David 5/24/2016 '60 135.00 cost estimate, additional sketches for buildling options 04157 81000-Beben, David 5/25/2016 2.00 135.00 cost estimate, additional sketches for buildling options 04187 81000 - Beben, David 6/26/2016 2.00 135.00 cost estimate, additional sketches for buildling options 04157 81000-Beben, David 5/27/2016 1.00 135.00 cost estimate, sketches, final payment memorandum 04157 81000 - Beben, David 5/31/2016 1.00 135.00 cost estimate Staff Professional 03935 81000 - Spurlock, Ian 5/25/2016 1.00 100.00 Creating ARC Po. for David Beben Secretary/Clerical 02862 81000 - Friend, 5/11/2016 .50 70.00 Pennie Project Administration Totals 36.00 Total Labor Consultants Outside LaborrTemp Srvcs AP 0919018 5/15/2016 Aerotek, Inc** - USA / J Schwoerke 4/18 Scanning/email Indian River Drawing 09215129.03 tsk 1 Total Consultants 1.16 times Reimbursable Expenses Auto MIg/MaintlRentlGas EX 0044704 5/24/2016 Beben, David / Mileage -5/24/16 OrIandoNero Beach Rt / personal mileage for meeting at Indian River County Development for County Development Code Requirements for the upcoming HHW building design project/ 216.00 miles @ 0,56Z 67.50 270.00 270.00 135.00 135.00 100.00 35.00 5,505.00 5,605.00 14.00 14.00 120.96 am .373 Page 4 Project 09215129.03 Indian River Cb,Design HHW/Drop Off, FL Invoice 0280335 Meals & Incidentals EX 0044704 5/24/2016 Beben, David / Meal - West Melbourne, FI 7.20 meal at Pollo Tropical in West Melbourne, FI Total Reimbursables 1.16 times 128.16 Total this Task Total this Project Total this Report 147.38 $5,668.48 $5,738.48 $6,738.48 374 Page 5 Hazardous Household Waste & Drop Off Center_ Solid Waste Disposal District BOCC Meeting July 12, 2016 7/15/2016 I SWDD Advertising Fu F� �!, bt,'}}y,, z'f '>. -a . h.�.. 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