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06/06/2017 (2)
1'j ©W BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JUNE 6, 2017 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Joseph E. Flescher, Chairman, District 2 Jason E. Brown, County Administrator Peter D. O'Bryan, Vice Chairman, District 4 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R Smith, Clerk of the Circuit_Court and Comptroller Bob Solari, District 5 Tim Zorc, District 3 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 3. PLEDGE OF ALLEGIANCE Commissioner Tim Zorc 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Public Announcement for Hurricane Preparedness - Are You Ready? 6. APPROVAL OF MINUTES 6.A. Regular Meeting of May 2, 2017 6.11. Regular Meeting of May 9, 2017 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REOUIRING BOARD ACTION 7.A. FP&L/Vero Beach/FMPA and All Aboard Florida Expenses 7.11. Indian River County Venue Event Calendar Review June 6, 2017 Page 1 of 4 A 7.C. Update to Geosyntec Work Order Number 8. CONSENT AGENDA 8.A. Checks and Electronic Payments May 12, 2017 to May 18, 2017 8.B. Checks and Electronic Payments May 19, 2017 to May 25, 2017 8.C. Out of County Travel to Attend Governor's Conference on Tourism 8.D. National Veterans Legal Services Program, et al. v. United States Class Action Lawsuit 8.E. DiVosta Homes, LP's Request for Final Plat Approval for The Lakes at Waterway Village POD 3R [PD -16-03-02 / 2004010124-78246] 8.F. Recommended Selection of Consultants for RFQ 2017048 - Engineering Consulting Services for Landfill 8.G. Approval of Work Authorization No. 2017-006 to Replace Water Service Laterals in Pelican Pointe 8.H. Easement and Agreement for FPL Underground Distribution Facilities for Well No. 7 at South County RO Plant (SCRO) 8.I. Miscellaneous Budget Amendment 017 8.J. Notice of Application for Hurricane Matthew HMGP Grant Funding - Conservation Lands Projects 8.K Notice of Application for Hurricane Matthew HMGP Grant Funding, Wabasso Causeway Fishing Pier Removal 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Jeffrey R. Smith, Indian River County Clerk of the Circuit Court and Comptroller: Continuation of May 9th Board Agenda, Consolidation of Deferred Compensation Plans 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.11.1. Request to Speak from Ardra Rigby and Bill Rigby Regarding Sewer Services and the Wabasso Community 10.11.2. Request to Speak from George D. MacArthur Regarding All Aboard Florida - Brightline 10.13.3. Request to Speak from Matt Lechowicz Regarding Make the Jungle Trail Safe! C. PUBLIC NOTICE ITEMS June 6, 2017 Page 2 of 4 10.C.1. Notice of Scheduled Public Hearing June 13, 2017, to Consider Collier Creek Estates Subdivision (Utility Phase 2) and Harbor Point Subdivision (Utility Phase 3) Water Assessment Project in Indian River County, Florida 10.C.2. Public Notice of Public Hearing Scheduled for June 13, 2017 to Consider Amending Chapter 315 of the Code of Indian River County - LEGISLATIVE 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget 12.E.1. Tourist Development Council 2017/2018 Budget Recommendations F. Public Works G. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. 2017-2018 State Legislative Final Report 13.B. Designated Receiving System Transportation Plan 13.C. Right of Way Ordinance 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher. Chairman B. Commissioner Peter D. O'Brvan. Vice Chairman C. Commissioner Susan Adams D. Commissioner Bob Solari E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District June 6, 2017 Page 3 of 4 C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5:00 p.m. June 6, 2017 Page 4 of 4 Public Announcement Q*At INDIAN RIVER COUNTY VI �s •� F,9 SOLID WASTE DISPOSAL DISTRICT z I °Fnrc� BOARD MEMORANDUMrcYc' Date: May 15, 2017 To: Jason E. Brown, County Administrator Thru: Vincent Burke, P.E., Director of Utility Services John King, Director of Emergency Services From: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Etta LoPresti, Emergency Management Coordinator Subject: Public Announcement for Hurricane Preparedness- Are You Ready? June 1, 2017, is the official beginning of hurricane season; therefore, annual preparation for the season is encouraged. The Solid Waste Disposal District (SWDD) and the Indian River County Department of Emergency Services want our residents to be prepared. Here are a few ways to get ready before there is an imminent threat: • Trim your trees now and clear away debris from your home, work or school; • Remove and store outdoor items that may become dangerous in high winds; • Build a disaster supply kit, make a plan, and stay informed. We would like to remind all visitors and residents of Indian River County that hurricane preparedness help is available online at www.irces.com or www.readv.eov. A hardcopy of the Disaster Preparedness Guide is available in the Administration Building lobby, or it can be downloaded here: http://www.irces.com/EM/documents/Disaster-Preparedness.pd . Stay informed by subscribing to Indian River County emergency alerts at www.alertindianriver.com to receive pertinent notifications via text message, email or phone. For more information, contact Indian River County Emergency Services at 772-567-2154. ATTACHMENT: 1. Public Advertisement & Preparedness Guide Coversheet @BCL@00053DOB Page —1— P1 A - EndEan Boder County Q)[ -, Department of [Emergency Servkes �,�►T F�1►} � Emergency Kanagement Division 4225 43,d Avenue Vero Beach, FL 32967 (772) 567-2154 www.irces.com December 1. 2015 Due to voluminous nature, the entire guide is available at http://irces.com/BM/documents/Disaster-Preparedness.pdf P2 Hurricane Season is June 1 through November 30 :lwifell1:lM7A9 What should you do NOW? ❑ Trim your trees and remove debris. ❑ Know if you reside in an evacuation area and the location of local public shelters. ❑ Inventory and update your disaster supply kit. Include a 3 -day supply of water (one gallon per person per day). ❑ Prepare to secure your home and register for a special needs or pet friendly shelter, if applicable. What should you do if there is an imminent threat? ❑ Listen to news media or NOAH Weather Radio for critical information, ❑ Turn your refrigerator/freezer to the coldest setting. ❑ Fill your car's gas tank. ❑ Prepare for your pets. ❑ Secure your home. ❑ Safeguard your important documents and gather your medications. ❑ Evacuate if told to do so. This information is brought to you by Indian River county Emergency Services and the Solid Waste Disposal District .�AI=. % n t P3 7A INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: May 30, 2017 FROM: Michael Smykowski Director, Office of Management & Budget SUBJECT: UPDATE ON ALL ABOARD FL/VERO ELECTRIC EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for All Aboard Florida and Vero Electric/FMPA issues. Please see the attached documents for expenses incurred as of 5/30/17. ATTACHED: e All Aboard Fl. expenses through 5/30/17 spreadsheet. • Vero Beach Electric/FPL/FMPA expenses through 5/30/17 spreadsheet. P4 All Aboard Florida Expenses Indian River County F:\Budget\All Aboard FL Expenses P5 Board approved expenses of $186,921 prior to 3/24/15 autorization 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 - 16/17 in addition to prior authorizations Acct#00110214-033110-15023 Legal Services Date Vendor Amount Note 5/12/2017 Bryan Cave LLP $2,608.50 Fees for Legal Services -March 2017 5/12/2017 Bryan Cave LLP $77.02 Fees for Legal Service -March 2017 private activity bonds 4/10/2017 Bryan Cave LLP $3,385.90 Fees for Legal Services -Feb 2017 4/10/2017 Bryan Cave LLP $375.00 Fees for Legal Services -Feb 2017 private activity bonds 3/8/2017 Bryan Cave LLP $11,097.20 Fees for Legal Services- Jan 2017 3/8/2017 Bryan Cave LLP $14,886.78 Fees for Legal Services -Jan 2017 private activity bonds 2/20/2017 Bryan Cave LLP $342.50 Fees for Legal Services- Dec 2016 2/20/2017 Bryan Cave LLP $53,720.93 Fees for Legal Services -Dec 2016 private activity bonds 1/24/2017 Shubin & Bass PAS $4,795.00 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $534.50 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP $15,931.78 Fees for Legal Services -Nov 2016 -private activity bonds 12/1/2016 Bryan Cave LLP $1,722.50 Fees for Legal Services -Oct 2016 12/1/2016 Bryan Cave LLP $16,457.70 Fees for Legal Services -Oct 2016 -private activity bonds 12/1/2016 Shubin & Bass PAS $9,387.20 Fees for Legal Services -Oct 2016 Subtotal Expenses FY 16/17 $135,322.51 9/30/2016 Bryan Cave LLP $5,060.15 Fees for Legal Services -Sept 2016 9/30/2016 Bryan Cave LLP $46,369.62 Fees for Legal Services -Sept 2016 -private activity bonds 9/30/2016 Bryan Cave LLP $20,358.95 Fees for Legal Services -Aug 2016 9/30/2016 Bryan Cave LLP $8,496.08 Fees for Legal Services -Aug 2016 -private activity bonds 9/30/2016 Shubin & Bass PAS $28,277.00 Fees for Legal Services -Sept 2016 9/28/2016 Shubin & Bass PAS $22,949.40 Fees for Legal Services -Aug 2016 9/28/2016 Shubin & Bass PAS $15,581.00 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $14,149.70 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $3,457.13 Fees for Legal Services -July 2016- private activity bonds 8/16/2016 Bryan Cave LLP $72,430.59 Fees for Legal Services -June 2016- private activity bonds 8/16/2016 Bryan Cave LLP $1,754.00 Fees for Legal Services -June 2016 7/27/2016 Shubin & Bass PAS $17,550.50 Fees for Legal Services -June 2016 7/19/2016 Bryan Cave LLP $3,561.50 Fees for Legal Services -May 2016 7/19/2016 Bryan Cave LLP $9,255.65 Fees for Legal Services -May 2016 -private activity bonds 6/21/2016 Shubin & Bass PAS $11,591.49 Fees for Legal Services -May 2016 6/14/2016 Bryan Cave LLP $27,804.30 Fees for Legal Services -April 2016 6/14/2016 Bryan Cave LLP $386.10 Fees for Legal Services -April 2016 -private activity bonds 5/24/2016 Shubin & Bass PAS $29,983.35 Fees for Legal Services -April 2016 5/3/2016 Shubin & Bass PAS $21,968.25 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $19,845.75 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $128,696.58 Fees for Legal Services -March 2016 -private activity bonds 4/6/2016 Bryan Cave LLP $112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds 4/6/2016 Nabors & Giblin $150.00 Fees for Legal Services -August 2015 3/30/2016 Shubin & Bass PAS $7,575.75 Fees for Legal Services -Feb 2016 3/16/2016 Bryan Cave LLP $31,795.61 Fees for Legal Service -Jan 2016 -private activity bonds 3/16/2016 Bryan Cave LLP $22,207.65 Fees for Legal Services -Jan 2016 2/9/2016 Bryan Cave LLP $16,410.09 Fees for Legal Service -Dec 2015 private activity bonds 2/9/2016 Bryan Cave LLP $6,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP $50,663.10 Fees for Legal Service -Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP $20,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP $27,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LLP $1,245.06 Fees for Legal Services -Oct 2015 private activity bonds Subtotal Expenses FY 15/16 $807,167.15 9/30/2015 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 9/30/2015 Bryan Cave LLP $7,113.36 Fees for Legal Services -Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP $81,436.99 Fees for Legal Services -Aug 2015 9/30/2015 Bryan Cave LLP $55,354.02 Fees for Legal Services -Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP $51,636.09 Fees for Legal Services -July 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services -July 2015 8/12/2015 Bryan Cave LLP $50,710.86 Fees for Legal Services -June 2015 private activity bonds 8/12/2015 Bryan Cave LLP $37,687.25 Fees for Legal Services -June 2015 7/1/2015 Bryan Cave LLP $178,503.50 Fees for Legal Services -May 2015 private activity bonds 7/1/2015 Bryan Cave LLP $37,048.25 Fees for Legal Services -May 2015 F:\Budget\All Aboard FL Expenses P5 All Aboard Florida Expenses Indian River County 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services -April 2015 7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services -April 2015 private activity bonds 6/18/2015 Nabors Giblin & Nickerson PA ($250.00) Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA $500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin & Nickerson PA* $617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin & Nickerson PA* $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services 12/10/14 Bryan Cave LLP $79,962.30 Fees for Legal Services 9/16/2015 Federal Express Subtotal Expenses FY 14/15 $1,064,319.15 $36,053.97 Rail Safety Study 9/30/14 Bryan Cave LLP $26,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP $937.50 Fees for Legal Services Subtotal Expenses FY 14/15 Subtotal Expenses FY 13/14 $28,551.80 *Split between St.Lucie, Indian River, and Martin Counties Acct#00110214-033190-15023 Other Professional Services 4/28/2017 Martin County 50% reimbursement -$3,380.35 50% reimbursement 4/18/2017 Triad Railroad Consultants $6,760.69 Expert Witness 2/20/2017 Atkins North America,lnc. $1,607.00 Drainage Reports & calculations 1/24/2017 Triad Railroad Consulants $13,396.11 12/1/2016 VB Court Reporters $300.00 St Johns Admin Hearing 12/1/2016 Scripps $95.70 Legal Advertising Subtotal Expenses FY 16/17 $18,779.15 9/30/2016 GK Environmental $5,580.00 9/30/2016 Triad Railroad Consulants $24,758.59 Review AAF 90% & plans 9/30/2016 Atkins North America,lnc. $20,782.50 Drainage Reports & calculations 9/30/2016 Federal Express $8.18 8/5/2016 GK Environmental $2,040.00 7/12/2016 Dylan Reingold-travel to Wash DC $928.37 AAF Hearing 6/1/2016 US Legal Support Inc. $160.80 AAF Hearing Certified Transcriber 5/23/2016 Federal Express $6.10 Shipping 5/11/2016 GK Environmental $6,000.00 Prelim wetland determination 4/19/16 GK Environmental $1,875.00 Prelim wetland determination 1/26/2016 Federal Express $6.85 Shipping 1/25/2016 VB Court Reporting $417.50 IRC vs Rogoff Subtotal Expenses FY 15/16 $62,563.89 9/30/2015 Dyland Reingold $412.00 Reimburse for case filing 9/16/2015 Federal Express $3.92 Shipping 8/25/2015 Railroad Consultant Group $36,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/14/2015 Federal Express $6.31 Shipping 7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis 6/16/2015 Federal Express $7.84 Shipping 6/10/2015 Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing 5/12/2015 Treasury of the United States $570.00 Public Records Subtotal Expenses FY 14/15 $44,810.15 Acct#00110214-034020-15023 All Travel 4/20/2016 Dylan Reingold $106.26 Hearing 4/6/2016 Aloft Hotel $109.00 MHG Tallahasse AL P -Dylan Reingold 12/16/2015 Kimberely Graham $901.76 Fed Railway Assoc. Mtg-Washington DC 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 Subtotal Expenses FY 15/16 $1,136.46 9/8/2015 Doubletree Orlando $271.36 Orlando -Travel -Fl. Dev. Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner ($5.36) Orlando -Tavel -FI Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 F:\Budget\AII Aboard FL Expenses P6 All Aboard Florida Expenses Indian River County Acct#11124319-033190 Other Professional Services 7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 10 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 16/17 $154,101.66 Total Expenses 15/16 $870,867.50 Total Expenses 14/15 $1,154,211.26 Total Expenses 13/14 $45,825.80 Total expenses processed as of 5/30/17 $2,225,006.22 Total Board authorized budget for FY 16/17 $816,015.00 Total Board authorized budget for FY 15/16 $870,868.00 Total Board authorized budget for FY 14/15 $1,154,212.00 Total Board authorized budget for FY 13/14 $45,826.00 Total budgeted 13/14-16/17 $2,886,921.00 Remaining Balance $661,914.78 F:\Budget\AII Aboard FL Expenses P7 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services 2/20/2017 Berger Singerman $880.00 Subtotal Expenses FY 16/17 9/30/2016 Berger Singerman $1,072.50 9/20/2016 Berger Singerman $632.50 8/16/2016 Berger Singerman $275.00 7/19/2016 Berger Singerman $275.00 6/14/2016 Berger Singerman $605.00 5/24/2016 Berger Singerman $495.00 5/4/2016 Berger Singerman $1,650.00 2/9/2016 Berger Singerman $1,265.00 1/20/2016 Berger Singerman $11,722.50 12/22/2015 Berger Singerman $15,090.00 12/8/2015 King Reporting & Video $457.75 11/17/2015 Berger Singerman $2,172.50 Subtotal Expenses FY 15/16 9/30/2015 Berger Singerman $5,462.50 9/21/2015 Berger Singerman $25,370.00 8/18/2015 Berger Singerman $10,150.00 7/22/2015 Berger Singerman $7,855.00 7/1/2015 Berger Singerman $29,622.50 6/3/2015 Nabors Giblin & Nickerson $312.50 5/20/2015 Carolos Alvarez,Esq $1,878.10 4/20/2015 Gonzalez Saggio & Harlan $10,582.50 4/2/2015 Gonzalez Saggio & Harlan $26,713.48 3/23/2015 Gonzalez Saggio & Harlan $10,312.50 3/23/2015 Nabors Giblin & Nickerson $4,161.72 2/2/2015 Gonzalez Saggio & Harlan $22,882.98 1/16/2015 Gonzalez Saggio & Harlan $16,610.00 12/3/2014 Gonzalez Saggio & Harlan $8,824.24 Subtotal Expenses FY 14/15 9/30/2014 Gonzalez Saggio & Harlan $7,821.90 9/30/2014 Gonzalez Saggio & Harlan $30,144.31 8/15/2014 Gonzalez Saggio & Harlan $12,292.50 7/22/2014 Gonzalez Saggio & Harlan $8,415.00 Subtotal Expenses FY 13/14 $880.00 712.75 738.02 $58,673.71 P8 Indian River County Vero Beach Electric/Florida Power & light/FMPA expenses Acct# 00410214-033110-15024 Legal Services Other Prof. Services /Legal Advertising 5/27/2016 RW Wilson & Assoc $4,090.00 4/22/2016 RW Wilson & Assoc $4,090.00 4/8/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson & Assoc $4,090.00 2/9/2016 Federal Express $4.85 1/20/2016 RW Wilson & Assoc $4,090.00 1/8/2016 RW Wilson & Assoc $4,090.00 12/22/2015 RW Wilson & Assoc $4,090.00 Subtotal Expenses FY 15/16 $32,724.85 9/30/2015 RW Wilson & Assoc $4,090.00 9/11/2015 RW Wilson & Assoc $4,090.00 8/14/2015 RW Wilson & Assoc $4,090.00 7/21/2015 Kate Cotner Reimbursement $50.00 7/10/2015 RW Wilson & Assoc $4,090.00 5/26/2015 RW Wilson & Assoc $4,090.00 5/21/2015 Scripps Treasure Coast $71.76 3/4/2015 RB Oppenheim Assoc $4,625.00 2/13/2015 FMPA-copy of audio $119.13 1/16/2015 Scripps Treasure Coast $70.98 11/19/2014 Scripps Treasure Coast $63.96 Subtotal Expenses FY 14/15 $25,450.83 9/30/2014 Scripps Treasure Coast $87.36 9/10/2014 Scripps Treasure Coast $88.92 Subtotal Expenses FY 13/14 $176.28 Travel 3/16/2016 Dylan Reingold-FL Senate Committee mtg $394.25 3/8/2016 Courtyard by Mariott $98.00 1/20/2016 Dylan Reingold-FMPA mtg/Tallahassee $372.39 1/6/2016 Dylan Reingold-FMPA mtg/Tallahassee $149.00 10/12/2015 Dylan Reingold-Joint Legislative mtg/Tallahassee $437.53 Subtotal Expenses FY 15/16 $1,451.17 8/26/2015 Dylan Reingold-FMPA mtg/Tallahassee $75.26 8/26/2015 Kate Cotner-FMPA mtg/Tallahassee $36.00 Subtotal Expenses FY 14/15 $111.26 P9 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services Total expenses FY 16/17 $880.00 Total expenses FY 15/16 $69,888.77 Total expenses FY 14/15 $206,300.11 Total expenses FY 13/14 $58,849.99 Total expenses processed as of 5/30/2017 $335,918.87 Budget Authorization Budget 10/1/2016 FY 16/17 Budget $69,789.00 10/1/2015 FY 15/16 Budget $69,889.00 9/15/2015 Legal Services $35,150.00 3/18/2015 Legal Services $130,000.00 5/5/2014 Legal Services $100,000.00 Total Board Authorized Budget $404,828.00 Remaining Balance $68,909.13 P10 Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar UA1 Sija Say Yes Meditation Event www.sijasayyes.org June 8 @ iG Center: • 6-7:30pm- 4 week Meditation Training $110 Gifford Aquatic CLOSED FOR PRIVATE EVENT www.ircrec.com/GAC June 10 @ Gifford Aquatic Center: • 10am-1 pm Community Office Hours Event June 15 @ North IRC Library: • l0am- One on one with Commissioner Susan Adams 3rd Annual Veterans Outreach Golf Tournament www.veteranscouncilirc.org June 17 @ Sandridge Golf Club: • 7am Registration, Sam Shotgun Start • $65 per player James Broxton Jazz Concert www. eventbrite.com June 17 @ iG Center: • 6-8pm- Tickets in advance $40, $50 at the door Rim Fire Challenge Shooting Event www.goshootingire.com June 24 @ IRC Shooting Range: • 9:30am-12noon, $11.50 range pass covers entry & registration Red, White and Blue Golf Tournament www.sandridgegc.com July 1 @ Sandridge Golf Club: • 8am Shotgun Start, $65 per player Commissioner O'Bryan's: Community Meeting July 10 @ iG Center: • 5:30-7pm: One on one with Commissioner Peter O'Bryan P11 7c Informational Item Date: May 19, 2017 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM To: Jason E. Brown, County Administrator Thru: Vincent Burke, P.E., Director of Utility Services From: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Update to Geosyntec Work Order Number On Tuesday, May 16, 2017, the Solid Waste Disposal District Board approved Work Order No. S to Geosyntec Consultants for One Year of Groundwater Monitoring/Reporting and Related Consulting Services at the Former South Gifford Road Landfill. The work order number should have been Work Order No. 6 as a separate Work Order No 5 had been previously approved on October 18, 2016. This informational item is to reflect that the minor typographical error has been corrected in the attached executed Work Order No. 6. ATTACHMENT: 1. Geosyntec Work Order No. 6 @BCL@200510C5 Page —1 — P12 WORK ORDER NUMBER 6 South Gifford Road Landfill This Work Order Number 6 is entered into as of this 16 day of May , 2017, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4th day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit 1 (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 1 (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit 1 (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT Geosyntec Consultants,_ Inc. n Title: Sr. Principal BOARD OF COUNTY COMMISISONERS OF INDIAN RIVER COUNTY By: BCC Approved Date: Attest: Jeffrey R. Smi , Clerk of Coin and Coml i fim •°�co By: Deput CI k Approved: .11617 Approved as to form and legal sufficiency- Dylan T. Reingold, County Attorney P13 W,A us JEFFREY R SMITH, CPA, CGFO, CDMA Clerk of Circuit Court & Comptroller Finance Department 1801 271 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: DIANE BERNARDO, FINANCEDIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: May 18, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS May 12, 2017 to May 18, 2017 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of May 12, 2017 to May 18, 2017. Attachment: P14 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 353381 05/12/2017 E &D CONTRACTING SERVICES INC 33,232.80 353382 05/18/2017 CLEMENTS PEST CONTROL 1,335.00 353383 05/18/2017 PORT CONSOLIDATED INC 37,085.38 353384 05/18/2017 SUNCOAST WELDING SUPPLIES INC 66.98 353385 05/18/2017 COMMUNICATIONS INTERNATIONAL 376.00 353386 05/18/2017 TEN -8 FIRE EQUIPMENT INC 2,009.07 353387 05/18/2017 RANGER CONSTRUCTION IND INC 511.36 353388 05/18/2017 FISHER SCIENTIFIC COMPANY LLC 1,811.25 353389 05/18/2017 FISHER SCIENTIFIC COMPANY LLC 23.21 353390 05/18/2017 VERO CHEMICAL DISTRIBUTORS INC 918.50 353391 05/18/2017 RICOH USA INC 108.22 353392 05/18/2017 VELDE FORD INC 278.14 353393 05/18/2017 SAFETY PRODUCTS INC 191.50 353394 05/18/2017 AT&T WIRELESS 1,177.55 353395 05/18/2017 DATA FLOW SYSTEMS INC 3,670.67 353396 05/18/2017 THOMAS P WHITE 11.00 353397 05/18/2017 PARALEE COMPANY INC 3,430.35 353398 05/18/2017 DELTA SUPPLY CO 182.44 353399 05/18/2017 E -Z BREW COFFEE & BOTTLE WATER SVC 11.48 353400 05/18/2017 KELLY TRACTOR CO 3,668.79 353401 05/18/2017 GRAYBAR ELECTRIC 254.40 353402 05/18/2017 MCMASTER CARR SUPPLY CO 1,443.86 353403 05/18/2017 AMERIGAS EAGLE PROPANE LP 358.69 353404 05/18/2017 AMERIGAS EAGLE PROPANE LP 1,221.43 353405 05/18/2017 AMERIGAS EAGLE PROPANE LP 1,307.80 353406 05/18/2017 HACH CO 4,813.93 353407 05/18/2017 LFI FORT PIERCE INC 1,052.63 353408 05/18/2017 LFI FORT PIERCE INC 967.82 353409 05/18/2017 CLIFF BERRY INC 378.50 353410 05/18/2017 PHYSIO CONTROL INC 1,564.14 353411 05/18/2017 KSM ENGINEERING & TESTING INC 597.00 353412 05/18/2017 SCHULKE BITTLE & STODDARD LLC 17,885.32 353413 05/18/2017 PETES CONCRETE 2,650.00 353414 05/18/2017 VERO INDUSTRIAL SUPPLY INC 40.90 353415 05/18/2017 EXPRESS REEL GRINDING INC 3,500.00 353416 05/18/2017 TIRESOLES OF BROWARD INC 2,602.79 353417 05/18/2017 CARTER ASSOCIATES INC 900.00 353418 05/18/2017 DELL MARKETING LP 1,924.96 353419 05/18/2017 DILLER BROWN AND ASSOCIATES INC 11,040.00 353420 05/18/2017 THE GOODYEAR TIRE & RUBBER COMPANY 50.00 353421 05/18/2017 WORLD INDUSTRIAL EQUIPMENT INC 1,279.75 353422 05/18/2017 BAKER & TAYLOR INC 1,454.85 353423 05/18/2017 MIDWEST TAPE LLC 169.94 353424 05/18/2017 MICROMARKETING LLC 69.58 353425 05/18/2017 K & M ELECTRIC SUPPLY 33.13 353426 05/18/2017 CENGAGE LEARNING INC 149.90 353427 05/18/2017 PALM TRUCK CENTERS INC 110.15 353428 05/18/2017 GO COASTAL INC 124.50 353429 05/18/2017 ENNIS PAINT INC 1,170.00 353430 05/18/2017 PST SERVICES INC 33,872.71 353431 05/18/2017 CLERK OF CIRCUIT COURT 50.00 353432 05/18/2017 CITY OF VERO BEACH 73,899.82 353433 05/18/2017 CHAPTER 13 TRUSTEE 201.08 353434 05/18/2017 UNITED WAY OF INDIAN RIVER COUNTY 590.00 353435 05/18/2017 INDIAN RIVER ALL FAB INC 548.06 353436 05/18/2017 UNITED PARCEL SERVICE INC 43.93 353437 05/18/2017 FERGUSON ENTERPRISES INC 211.53 353438 05/18/2017 LIVINGSTON PAGE 60.00 P15 TRANS NBR DATE VENDOR AMOUNT 353439 05/18/2017 JANITORIAL DEPOT OF AMERICA INC 161.50 353440 05/18/2017 TREASURE COAST HOMELESS SERVICES 765.17 353441 05/18/2017 FLORIDA DEPT OF EDUCATION 206.64 353442 05/18/2017 HUMANE SOCIETY 26,970.00 353443 05/18/2017 PUBLIX SUPERMARKETS 87.95 353444 05/18/2017 PUBLIX SUPERMARKETS 90.24 353445 05/18/2017 ARTHUR J GALLAGHER RISK MGMT SERV INC 51,748.00 353446 05/18/2017 ACUSHNET COMPANY 537.35 353447 05/18/2017 INTERNATIONAL GOLF MAINTENANCE INC 990.00 353448 05/18/2017 GEOSYNTEC CONSULTANTS INC 13,129.01 353449 05/18/2017 MORGAN & EKLUND INC 5,500.00 353450 05/18/2017 CALLAWAY GOLF SALES COMPANY 524.66 353451 05/18/2017 SUBSTANCE AWARENESS COUNCIL OF IRC INC 6,123.60 353452 05/18/2017 SUBSTANCE AWARENESS COUNCIL OF IRC INC 8,909.93 353453 05/18/2017 FLORIDA POWER AND LIGHT 76,735.75 353454 05/18/2017 PUBLIC DEFENDER 2,830.19 353455 05/18/2017 BRE-CLEARWATER OWNER LLC 342.00 353456 05/18/2017 STATE ATTORNEY 4,262.75 353457 05/18/2017 CITY OF FELLSMERE 129.44 353458 05/18/2017 PEACE RIVER ELECTRIC COOP INC 265.13 353459 05/18/2017 TREASURE COAST CONSTRUCTION MGMT LLC 5,475.00 353460 05/18/2017 WASTE MANAGEMENT INC 348,295.47 353461 05/18/2017 CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,566.20 353462 05/18/2017 JASON E BROWN 350.00 353463 05/18/2017 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 500.00 353464 05/18/2017 GERALD AYOUNG SR 60.00 35.3465 05/18/2017 MYLES BROWN 120.00 353466 05/18/2017 HENRY SMITH 60.00 353467 05/18/2017 NATIONAL ALLIANCE FOR YOUTH SPORTS 120.00 353468 05/18/2017 ALAN C KAUFFMANN 100.00 353469 05/18/2017 G K ENVIRONMENTAL INC 15,200.00 353470 05/18/2017 THE FLORIDA BAR 150.00 353471 05/18/2017 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 1,362.50 353472 05/18/2017 DONADIO AND ASSOCIATES ARCHITECTS 1,139.40 353473 05/18/2017 BRIDGESTONE AMERICAS INC 1,755.76 353474 05/18/2017 FLORIDA SECTION IMSA 720.00 353475 05/18/2017 RUSSELL PAYNE INC 967.47 353476 05/18/2017 TRANE US INC 20,121.74 353477 05/18/2017 CINTAS CORPORATION NO 2 209.03 353478 05/18/2017 JOSEPH W VASQUEZ 25.00 353479 05/18/2017 DASIE BRIDGEWATER HOPE CENTER INC 4,182.20 353480 05/18/2017 M T CAUSLEY INC 19,197.50 353481 05/18/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 262.90 353482 05/18/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 266.47 353483 05/18/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 148.68 353484 05/18/2017 GARY L EMBREY 50.00 353485 05/18/2017 LARRY STEPHENS 120.00 353486 05/18/2017 BEACHLAND ELEMENTARY SCHOOL 9.00 353487 05/18/2017 JOHNNY B SMITH 75.00 353488 05/18/2017 MUNICIPAL WATER WORKS INC 4,462.20 353489 05/18/2017 MOORE MEDICAL LLC 109.39 353490 05/18/2017 CHARLES A WALKER 40.00 353491 05/18/2017 CRAIG & CARROLLKOVALESKI 500.00 353492 05/18/2017 JONATHAN M ROSS 400.00 353493 05/18/2017 GUARDIAN COMMUNITY RESOURCE- MANAGEMENT 1,000.00 353494 05/18/2017 MICHAEL KORPAR 60.00 353495 05/18/2017 ACORN MINI STORAGE 3,450.55 353496 05/18/2017 BILL YS AUTO SERVICE 299.49 353497 05/18/2017 TREASURE COAST FOOD BANK INC 133.18 353498 05/18/2017 TREASURE COAST SPRINKLERS INC 1,345.00 P16 TRANS NBR DATE VENDOR AMOUNT 353499 05/18/2017 VERO BEACH BROADCASTERS LLC 150.00 353500 05/18/2017 K'S COMMERCIAL CLEANING 1,658.89 353501 05/18/2017 EQ THE ENVIRONMENTAL QUALITY COMPANY 23,447.78 353502 05/18/2017 TERESA PULIDO 240.00 353503 05/18/2017 WINSUPPLY OF VERO BEACH 450.06 353504 05/18/2017 SEASIDE LANDSCAPES INC 2,531.20 353505 05/18/2017 VERA SMITH 48.00 353506 05/18/2417 GARRETT SMITH 120.00 353507 05/18/2017 HELPING ANIMALS LIVE -OVERCOME 43.00 353508 05/18/2017 ECMC 254.59 353509 05/18/2017 FLORIDA ARMATURE WORKS INC 2,363.60 353510 05/18/2017 JOSEPH CATALANO 100.00 353511 05/18/2017 ALAN JAY CHEVROLET CADILLAC 246,247.50 353512 05/18/2017 NEWSOM OIL COMPANY 1,121.17 353513 05/18/2017 REPROGRAPHIC SOLUTIONS INC 75.00 353514 05/18/2017 LOATS HOME CENTERS INC 3,147.83 353515 05/18/2017 CARDINAL HEALTH 1 10 INC 38.77 353516 05/18/2017 ALEX MIKLO 40.00 353517 05/18/2017 STEVEN G HANSEN 120.00 353518 05/18/2017 O SPORTSWEAR LLC 360.00 353519 05/18/2017 TREASURE COAST TURF INC 2,850.00 353520 05/18/2017 PENGUIN RANDOM HOUSE LLC 349.50 353521 05/18/2017 CARMEN LEWIS 136.00 353522 05/18/2017 SEAN MAKI COMMUNICATIONS LLC 207.00 353523 05/18/2017 KRAUS ASSOCIATES INC 9,937.50 353524 05/18/2017 KANSAS STATE BANK OF MANHATTAN 138.40 353525 05/18/2017 SUMMIT CONSTRUCTION OF VERO BEACH LLC 28,000.00 353526 05/18/2017 FL CHAPTERS OF THE ASSOCIATION OF PUBLIC 255.00 353527 05/18/2017 FAMILY SUPPORT REGISTRY 156.45 353528 05/18/2017 REI ENGINEERS INC 2,625.00 353529 05/18/2017 FORTILINE INC 7,666.00 353530 05/18/2017 THE LAW OFFICES OF 956.00 353531 05/18/2017 BRYAN CAVE LLP 2,685.52 353532 05/18/2017 LANGHAM CONSULTING SERVICES INC 1,360.00 353533 05/18/2017 SKECHERS USA INC 265.86 353534 05/18/2017 RELIANT FIRE SYSTEMS INC 4,205.00 353535 05/18/2017 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 353536 05/18/2017 HAWKINS INC 652.50 353537 05/18/2017 SCRIPPS NP OPERATING LLC 219.00 353538 05/18/2017 SCRIPPS NP OPERATING LLC 1,072.19. 353539 05/18/2017 COCA COLA BEVERAGES FLORIDA LLC 158.01 353540 05/18/2017 JOSEPH DIZONNO 125.00 353541 05/18/2017 JAMES BROXTON 250.00 353542 05/18/2017 RED THE UNIFORM TAILOR 2,012.72 353543 05/18/2017 JENNIFER E PROPER 70.00 353544 05/18/2017 CATHEDRAL CORPORATION 16,500.00 353545 05/18/2017 UNIFIRST CORPORATION 1,327.38 353546 05/18/2017 STEARNS, CONRAD AND SCHMIDT 5,250.00 353547 05/18/2017 H&H SHADOWBROOK LLC 500.00 353548 05/18/2017 SCHIJMAC14ER AUTOMOTIVE DELRAY LLC 75.13 353549 05/18/20.17 SITEONE LANDSCAPE SUPPLY LLC 40.84 353550 05/18/2017 CSMA SFR HOLDINGS II -LLC 414.00 353551 05/18/2017 GOTTA GO GREEN ENTERPISES INC 58.16 353552 05/18/2017 HYDROMAX USA LLC 36,103.04 353553 05/18/2017 ADVANCE STORES COMPANY INCORPORATED 171.42 353554 05/18/2017 EGP DOCUMENT SOLUTIONS LLC 99.00 353555 05/18/2017 NORTH AMERICAN OFFICE SOLUTIONS INC 50.00 353556 05/18/2017 FLORIDA EAST COAST HOLDINGS CORP 6,804.00 353557 05/18/2017 RUSSELL L OWEN 111 50.00 353558 05/18/2017 RIOMAR TITLE LLC 35.59 P17 TRANS NBR DATE VENDOR AMOUNT 353559 05/18/2017 GARY MOORE INC 475.00 353560 05/18/2017 DEW BUSTERS INC 830.00 353561 05/18/2017 AC VETERINARY SPECIALTY SERVICES 45.00 353562 05/18/2017 OKLAHOMA SIMMS 120.00 353563 05/18/2017 SILVIO MARTINEZ 8.00 353564 05/18/2017 DEBBIE CARSON 100.00 353565 05/18/2017 PEOPLE READY INC 21,657.76 353566 05/18/2017 ROBERT O RICHARDSON II1 60.00 353567 05/18/2017 EMILY GOUGE 40.00 353568 05/18/2017 RAUL E VIVANCO 192.00 353569 05/18/2017 COLE AUTO SUPPLY INC 1,027.90 353570 05/18/2017 DARREN WARMOUTH 60.00 353571 05/18/2017 MARISAALEXANDER 330.00 353572 05/18/2017 CANON FINANCIAL SERVICES INC 209.00 353573 05/18/2017 COREY GRALEY 60.00 353574 05/18/2017 DANBRANLEY LLC 569.00 353575 05/18/2017 PROCTOR CONSTRUCTION COMPANY LLC 49,302.31 353576 05/18/2017 ISLE MANAGEMENT CORPORATION 1,750.00 353577 05/18/2017 BETH NOLAN 50.00 353578 05/18/2017 CATHERINE DESCHOUWER 200.00 353579 05/18/2017 REPUBLICAN CLUB OF INDIAN RIVER 75.00 353580 05/18/2017 COASTAL CONSERVATION ASSOC OF FL 500.00 353581 05/18/2017 INGRID HAZEN 375.00 353582 05/18/2017 SEBASTIAN RIVER HIGH SCHOOL CREW INC 2,000.00 353583 05/18/2017 UTIL REFUNDS 20.86 353584 05/18/2017 UTIL REFUNDS 16.23 353585 05/18/2017 UTIL REFUNDS 76.12 353586 05/18/2017 UTIL REFUNDS 75.20 353587 05/18/2017 UTIL REFUNDS 63.74 353588 05/18/2017 UTIL REFUNDS 57.09 353589 05/18/2017 UTIL REFUNDS 39.51 353590 05/18/2017 UTIL REFUNDS 80.69 353591 05/18/2017 UTIL REFUNDS 43.69 353592 05/18/2017 UTILREFUNDS 78.81 353593 05/18/2017 UTIL REFUNDS 136.94 353594 05/18/2017 UTILREFUNDS 81.15 353595 05/18/2017 UTIL REFUNDS 81.15 353596 05/18/2017 UTIL REFUNDS 32.11 353597 05/18/2017 UTIL REFUNDS 76.73 353598 05/18/2017 UTILREFUNDS 91.89 353599 05/18/2017 UTIL REFUNDS 77.53 353600 05/18/2017 UTILREFUNDS 35.90 353601 05/18/2017 UTIL REFUNDS 11.97 353602 05/18/2017 UTIL REFUNDS 88.57 353603 05/18/2017 UTIL REFUNDS 59.87 353604 05/18/2017 UTILREFUNDS 83.53 353605 05/18/2017 UTILREFUNDS 52.69 353606 05/18/2017 UTIL REFUNDS 24.80 .353607 05/18/2017 UTIL REFUNDS 114.65 353608 05/18/2017 UTILREFUNDS 76.73 353609 05/18/2017 UTIL REFUNDS 26.54 353610 05/18/2017 UTIL REFUNDS 88.85 353611 05/18/2017 UTIL REFUNDS 56.11 353612 05/18/2017 UTIL REFUNDS 63.74 353613 05/18/2017 UTIL REFUNDS 82.28 353614 05/18/2017 UTILREFUNDS 76.91 353615 05/18/2017 UTILREFUNDS 83.18 353616 05/18/2017 UTIL REFUNDS 74.70 353617 05/18/2017 UTIL REFUNDS 77.07 353618 05/18/2017 UTIL REFUNDS 33.96 4 P18 TRANS NBR DATE VENDOR 353619 05/18/2017 UTILREFUNDS 353620 05/18/2017 UTIL REFUNDS 353621 05/18/2017 UTILREFUNDS 353622 05/18/2017 UTILREFUNDS 353623 05/18/2017 LML REFUNDS 353624 05/18/2017 UTILREFUNDS 353625 05/18/2017 UTILREFUNDS 353626 05/18/2017 UTILREFUNDS 353627 05/18/2017 UTILREFUNDS 353628 05/18/2017 UTIL REFUNDS 353629 05/18/2017 UTILREFUNDS 353630 05/18/2017 UTILREFFUNDS Grand Total: AMOUNT 64.57 43.72 49.40 85.58 41.23 71.97 67.95 45.91 205.61 35.51 60.27 78.47 1,394,452.48 5 . .9 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1011331 05/172017 ROBINSON EQUIPMENT COMPANY INC 40.78 1011332 05/12/2017 COPYCOINC 264.49 1011333 05/12/2017 NORTH SOUTH SUPPLY INC 42.22 1011334 05/12/2017 HELENA CHEMICAL 908.71 1011335 05/12/2017 COLD AIR DISTRIBUTORS WAREHOUSE 763.43 1011336 05/12/2017 INDIAN RIVER BATTERY 917.30 1011337 05/12/2017 INDIAN RIVER OXYGEN INC 74.50 1011338 05/12/2017 APPLE INDUSTRIAL SUPPLY CO 688.14 1011339 05/12/2017 GALLS LLC 1,461.80 1011340 05/12/2017 MEEKS PLUMBING INC 157.00 1011341 05/12/2017 ST LUCIE BATTERY & TIRE CO 26.50 1011342 05/12/2017 IRRIGATION CONSULTANTS UNLIMITED INC 62.59 1011343 05/12/2017 THE EXPEDITER 119.25 1011344 05/12/2017 GROVE WELDERS INC 627.26 1011345 05/12/2017 SOUTHERN COMPUTER WAREHOUSE 326.35 1011346 05/12/2017 COMO OIL COMPANY OF FLORIDA 230.58 1011347 05/12/2017 PERKINS INDIAN RIVER PHARMACY 98.42 1011348 05/12/2017 COMPLETE ELECTRIC INC 462.60 1011349 05/12/2017 MIDWEST MOTOR SUPPLY CO 124.01 1011350 05/12/2017 BENNETT AUTO SUPPLY INC 301.60 1011351 05/12/2017 AUTO PARTNERS LLC 139.98 1011352 05/12/2017 L&L DISTRIBUTORS 286.23 1011353 05/15/2017 APPLE INDUSTRIAL SUPPLY CO 100.19 1011354 05/15/2017 TOTAL TRUCK PARTS INC 1,028.16 1011355 05/15/2017 SOUTHERN JANITOR SUPPLY INC 1,994.48 1011356 05/15/2017 METRO FIRE PROTECTION SERVICES INC 1,966.62 1011357 05/15/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 184.50 1011358 05/15/2017 L&LDISTRIBUTORS 576.12 1011359 05/15/2017 STAT MEDICAL DISPOSAL INC 200.00 1011360 05/15/2017 HYDRA SERVICE (S) INC 1,230.16 1011361 05/15/2017 WRIGHT FASTENER COMPANY LLC 96.00 1011362 05/15/2017 HORIZON DISTRIBUTORS INC 19.95, 1011363 05/15/2017 COUNTY MATERIALS CORPORATION 12,763.52 1011364 05/15/2017 MET -PRO TECHNOLOGIES LLC 22,677.00 1011365 05/15/2017 FILTRATION GROUP CORPORATION 54.84 1011366 05/15/2017 NEXAIR LLC 1,015.78 1011367 05/16/2017 COMCAST 169.80 1011368 05/18/2017 EVERGLADES FARM EQUIPMENT CO INC 129.02 1011369 05/18/2017 COPYCOINC 135.03 1011370 05/18/2017 HENRY SCHEIN INC 649.95 1011371 05/18/2017 INDIAN RIVER BATTERY 67.00 1011372 05/18/2017 INDIAN RIVER OXYGEN INC 46.00 1011373 05/18/2017 RING POWER CORPORATION 470.00 1011374 05/18/2017 MEEKS PLUMBING INC 5,100.00 1011375 05/18/2017 FIRST HOSPITAL LABORATORIES INC 1,193.25 1011376 05/18/2017 ROGER CLEVELAND GOLF INC 268.20 1011377 05/1$/2017 PRIDE ENTERPRISES 3,268.00 1011378 05/18/2017 ESRI INC 2,260.00 1011379 05/18/2017 RECHTIEN INTERNATIONAL, TRUCKS 9.14 1011380 05/18/2017 SOUTHERN JANITOR SUPPLY INC 1,219.80 1011381 05/18/2017 AUTO PARTNERS LLC 55.99 1011382 05/18/2017 L&,L DISTRIBUTORS 335.05 1011383 05/18/2017 FOXCROFT EQUIPMENT AND SERVICE COMPANY LLC 192.05 1011384 05/18/2017 PACE ANALYTICAL SERVICES INC 108.00 1011385 05/18/2017 NEXAIR LLC 78.42 Grand Total: 67,785.76 I P20 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE 5129 05/12/2017 5130 05/12/2017 5131 05/16/2017 5132 05/17/2017 5133 05/18/2017 5134 05/18/2017 5135 05/18/2017 5136 05/18/2017 5137 05/18/2017 Grand Total: VENDOR AMOUNT IRC CHAMBER OF COMMERCE 15,747.55 IRC CHAMBER OF COMMERCE 6,533.21 IRS -PAYROLL TAXES 9,752.73 SENIOR RESOURCE ASSOCIATION 53,600.00 FLORIDA DEPARTMENT OF REVENUE 1,269.59 FLORIDA DEPARTMENT OF REVENUE 1,986.48 FLORIDA DEPARTMENT OF REVENUE 2,402.05 FLORIDA DEPARTMENT OF REVENUE 24,044.23 ATLANTIC COASTAL LAND TITLE CO LLC 566,085.80 681,421.64 P21 JEFFREY R. SMITH, CPA, CGFO, CDMA 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: May 25, 2017 .SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS May 19, 2017 to May 25, 2017 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded iri 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 May 19, 2017 .to May 25, 2017. Attachment: - - - — - - - -- — -- P22 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 353631 05/25/2017 PAUL CARONE 4,357.00 353632 05/25/2017 LINDSEY GARDENS LTD 751.00 353633 05/25/2017 WILLIE C REAGAN 2,700.00 353634 05/25/2017 LARRY STALEY 593.00 353635 05/25/2017 PINNACLE GROVE LTD 1,057.00 353636 05/25/2017 VERO CLUB PARTNERS LTD 1,859.00 353637 05/25/2017 DAVID SPARKS 388.00 353638 05/25/2017 THE PALMS AT VERO BEACH 1,076.00 353639 05/25/2017 ED SCHLITT LC 2,474.00 353640 05/25/2017 ROBERT L SAMMONS 764.00 353641 05/25/2017 ARTHUR PRUETT 484.00 353642 05/25/2017 JOSEPH LOZADA 677.00 353643 05/25/2017 MICHAEL JAHOLKOWSKI 547.00 353644 05/25/2017 LUCY B HENDRICKS 573.00 353645 05/25/2017 ANDRE DORAWA 644.00 353646 05/25/2017 SYLVESTER MC INTOSH 365.00 353647 05/25/2017 PAULA WHIDDON 553.00 353648 05/25/2017 JAMES W DAVIS 372.00 353649 05/25/2017 NITA EZELL 609.00 353650 05/25/2017 LINDSEY GARDENS 11 LTD 616.00 353651 05/25/2017 MISS INC OF THE TREASURE COAST 2,174.00 353652 05/25/2017 DANIEL CORY MARTIN 3,423.00 353653 05/25/2017 CRAIG LOPES 392.00 353654 05/25/2017 PAULA ROGERS & ASSOCIATES INC 601.00 353655 05/25/2017 FIVE STAR PROPERTY HOLDING LLC 847.00 353656 05/25/2017 MARK BAER 3,458.00 353657 05/25/2017 ROBERT J GORMAN 504.00 353658 05/25/2017 JUAN CHAVES 700.00 353659 05/25/2017 REID REALTY 506.00 353660 05/25/2017 MELISSA CAMARATA 838.00 353661 05/25/2017 INDIANTOWN NON-PROFIT HOUSING INC 670.00 353662 05/25/2017 AUGUSTUS B FORT JR 581.00 353663 05/25/2017 H&H SHADOWBROOK LLC 568.00 353664 05/25/2017 HUMAYUN SHAREEF 963.00 353665 05/25/2017 NKW-CL LLC 3,154.00 353666 05/25/2017 VERO BEACH PLACE LLC 5,168.00 353667 05/25/2017 WEDGEWOOD RENTALS LLC 615.00 353668 05/25/2017 GNS REAL ESTATE HOLDINGS LLC 1,219.00 353669 05/25/2017 COALITION FOR ATTAINABLE HOMES .INC 557.00 353670 05/25/2017 HELPING HANDS REAL ESTATE & INVESTMENT CO 2,725.00 353671 05/25/2017 ALIX DENAEAU 922.60 353672 05/25/2017 JOHN K GERRATO 511.00 353673 05/25/2017 1135 RENTALS LLC 750.00 353674 05/25/2017 STEVEN J BERGAMINO 750.00 353675 05/25/2017 IBIS GARDENS APTS LLC 4,082.00 353676 05/25/2017 BLUE DRAGON MANAGEMENT LLC 1,100.00 353677 05/25/2017 MCLAUGHLIN PROPERTIES LLC 560.00 353678 05/25/2017 HOWARD R BRENNAN 556.00 353679 05/25/2017 UTIL REFUNDS 69.89 353680 05/25/2017 UTIL REFUNDS 82.50 353681 05/25/2017 UTILREFUNDS 59.24 353682 05/25/2017 UTIL REFUNDS 46.85 353683 05/25/2017 UTIL REFUNDS 8.04 353684 05/25/2017 UTIL REFUNDS 35.90 353685 05/25/2017 UTIL REFUNDS 46.87 353686 05/25/2017 UTIL REFUNDS 40.27 353687 05/25/2017 UTIL REFUNDS 64.53 353688 05/25/2017 UTIL REFUNDS 24.36 P23 TRANS NBR DATE VENDOR AMOUNT 353689 05/25/2017 UTIL REFUNDS 39.62 353690 05/25/2017 UTIL REFUNDS 3.84 353691 05/25/2017 UTILREFUNDS 36.43 353692 05/25/2017 UTILREFUNDS 39.41 353693 05/25/2017 UTIL REFUNDS 23.31 353694 05/25/2017 UTILREFUNDS 55.76 353695 05/25/2017 UTILREFUNDS 23.74 353696 05/25/2017 UTIL REFUNDS 37.40 353697 05/25/2017 UTILREFUNDS 85.42 353698 05/25/2017 UTILREFUNDS 67.27 353699 05/25/2017 UTIL REFUNDS 18.22 353700 05/25/2017 UTILREFUNDS 67.94 353701 05/25/2017 UTIL REFUNDS 57.42 353702 05/25/2017 UTIL REFUNDS 58.12 353703 05/25/2017 UTIL REFUNDS 38.47 353704 05/25/2017 UTIL REFUNDS 15.61 353705 05/25/2017 UTIL REFUNDS 40.76 353706 05/25/2017 UTIL REFUNDS 62.86 353707 05/25/2017 UTIL REFUNDS 34.43 353708 05/25/2017 UTIL REFUNDS 27.65 353709 05/25/2017 UTIL REFUNDS 260.67 353710 05/25/2017 UTIL REFUNDS 36.10 353711 05/25/2017 UTIL REFUNDS 46.30 353712 05/25/2017 UTIL REFUNDS 29.11 353713 05/25/2017 UTIL REFUNDS 20.01 353714 05/25/2017 UTIL REFUNDS 42.60 353715 05/25/2017 UTILREFUNDS 43.72 353716 05/25/2017 UTILREFUNDS 81.88 353717 05/25/2017 UTILREFUNDS 12.45 353718 05/25/2017 UTILREFUNDS 77.85 353719 05/25/2017 UTIL REFUNDS 200.00 353720 05/25/2017 UTIL REFUNDS 75.83 353721 05/25/2017 UTIL REFUNDS 16.64 353722 05/25/2017 UTILREFUNDS 65.23 353723 05/25/2017 UTIL REFUNDS 49.52 353724 05/25/2017 UTIL REFUNDS 32.01 353725 05/25/2017 UTILREFUNDS 84.00 353726 05/25/2017 UTIL REFUNDS 45.54 353727 05/25/2017 UTILREFUNDS 147.80 353728 05/25/2017 UTIL REFUNDS 23.83 353729 05/25/2017 JORDAN MOWER INC 270.80 353730 05/25/2017 TEN -8 FIRE EQUIPMENT INC 991.58 353731 05/25/2017 VERO CHEMICAL DISTRIBUTORS INC 40.30 353732 05/25/2017 RICOH USA INC 144.37 353733 05/25/2017 VELDE FORD INC 628.27 353734 05/25/2017 SAFETY PRODUCTS INC 478.30 353735 05/25/2017 AT&T WIRELESS 976.03 353736 05/25/2017 THOMAS P WHITE 77.00 353737 05/25/2017 E -Z BREW COFFEE & BOTTLE WATER SVC 47.43 353738 05/25/2017 KELLY TRACTOR CO 549.48 353739 05/25/2017 AMERIGAS EAGLE PROPANE LP 144.00 353740 05/25/2017 AMERIGAS EAGLE PROPANE LP 144.00 353741 05/25/2017 AMERIGAS EAGLE PROPANE LP 274.03 353742 05/25/2017 AMERIGAS EAGLE PROPANE LP 405.30 353743 05/25/2017 AMERIGAS EAGLE PROPANE LP 895.26 353744 05/25/2017 WILD LAND ENTERPRISES INC 42.24 353745 05/25/2017 CLIFF BERRY INC 113.75 353746 05/25/2017 PHYSIO CONTROL INC 10,185.96 353747 05/25/2017 PARKSON CORPORATION 87,283.15 353748 05/25/2017 MEEKS PLUMBING INC 20,800.00 P24 TRANS NBR DATE VENDOR AMOUNT 353749 05/25/2017 BOUND TREE MEDICAL LLC 190.65 353750 05/25/2017 VERO FURNITURE MART 6,276.00 353751 05/25/2017 JAMAR TECHNOLOGIES INC 632.25 353752 05/25/2017 TIRESOLES OF BROWARD INC 2,112.80 353753 05/25/2017 DELL MARKETING LP 64.49 353754 05/25/2017 DILLER BROWN AND ASSOCIATES INC 7,011.19 353755 05/25/2017 THE GOODYEAR TIRE & RUBBER COMPANY 14,204.53 353756 05/25/2017 BLAKESLEE SERVICES INC 645.00 353757 05/25/2017 BAKER & TAYLOR INC 1,122.81 353758 05/25/2017 MIDWEST TAPE LLC 381.78 353759 05/25/2017 MICROMARKETING LLC 145.12 353760 05/25/2017 BAKER DISTRIBUTING CO LLC 993.84 353761 05/25/2017 BAKER DISTRIBUTING CO LLC 135.72 353762 05/25/2017 PALM TRUCK CENTERS INC 1,256.81 353763 05/25/2017 SUNSHINE SAFETY COUNCIL INC 330.00 353764 05/25/2017 GREENS INVESTMENT PARTNERSHIP LTD 3,713.54 353765 05/25/2017 LINDSEY GARDENS LTD 500.00 353766 05/25/2017 INDIAN RIVER COUNTY HEALTH DEPT 50,235.75 353767 05/25/2017 MEDICAL EXAMINERS OFFICE 27,016.58 353768 05/25/2017 MEDICAL EXAMINERS OFFICE 30,915.91 353769 05/25/2017 VICTIM ASSISTANCE PROGRAM 5,633.75 353770 05/25/2017 ROGER J NICOSIA 9,040.00 353771 05/25/2017 ROGER J NICOSIA 1,500.00 353772 05/25/2017 ROGER J NICOSIA 1,500.00 353773 05/25/2017 CITY OF VERO BEACH 21,303.60 353774 05/25/2017 CITY OF VERO BEACH 2,072.78 353775 05/25/2017 CITY OF VERO BEACH 11,700.00 353776 05/25/2017 STEPHEN WOJTASZEK 33.71 353777 05/25/2017 HAPPY SOFTWARE INC 11,255.44 353778 05/25/2017 TREASURE COAST HOMELESS SERVICES 26,333.90 353779 05/25/2017 PUBLIX SUPERMARKETS 41.62 353780 05/25/2017 MARRIOTT FT LAUDERDALE NORTH 477.00 353781 05/25/2017 MARRIOTT FT LAUDERDALE NORTH 477.00 353782 05/25/2017 INTERNATIONAL GOLF MAINTENANCE INC 88,148.43 353783 05/25/2017 CULTURAL COUNCIL OF IRC 4,140.00 353784 05/25/2017 DEANGELO BROTHERS INC 695.50 353785 05/25/2017 EXCHANGE CLUB CASTLE 5,092.99 353786 05/25/2017 EXCHANGE CLUB CASTLE 3,333.99 353787 05/25/2017 WEST PUBLISHING CORPORATION 395.85 353788 05/25/2017 FEDERAL EXPRESS CORP 31.06 353789 05/25/2017 FEDERAL EXPRESS CORP 39.23 353790 05/25/2017 CITY OF SEBASTIAN 26,520.88 353791 05/25/2017 SOUTHEAST DESALTING ASSOCIATION 1,100.00 353792 05/25/2017 TRAFFIC PARTS INC 1,418.50 353793 05/25/2017 FLORIDA POWER AND LIGHT 76,802.29 353794 05/25/2017 FLORIDA POWER AND LIGHT 23,567.61 353795 05/25/2017 FLORIDA BLUE 1,096.62 353796 05/25/2017 GIFFORD YOUTH ACHIEVEMENT CENTER INC 9,428.82 353797 05/25/2017 STATE ATTORNEY 7,029.20 353798 05/25/2017 CITY OF FELLSMERE 14.52 35379.9 05/25/2017 NEW HORIZONS OF THE TREASURE COAST 23,931.00 353800 05/25/2017 LANGUAGE LINE SERVICES INC 113.85 353801 05/25/2017 STRUNK FUNERAL HOMES & CREMATORY 425.00 353802 05/25/2017 SEBASTIAN RIVER HIGH SCHOOL 500.00 353803 05/25/2017 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 50.00 353804 05/25/2017 CAREER TRACK 198.00 353805 05/25/2017 IRC HEALTHY START COALITION INC 500.00 353806 05/25/2017 IRC HEALTHY START COALITION INC 2,500.00 353807 05/25/2017 IRC HEALTHY START COALITION INC 1,000.00 353808 05/25/2017 IRC HEALTHY START COALITION INC 1,666.67 TRANS NB'R DATE VENDOR AMOUNT 353809 05/25/2017 CHANNING BETE CO INC 22.95 353810 05/25/2017 CARTER & VERPLANK INC 4,369.84 353811 05/25/2017 MYLES BROWN 120.00 353812 05/25/2017 GREY HOUSE PUBLISHING 134.10 353813 05/25/2017 NEXTRAN CORPORATION 617.46 353814 05/25/2017 KEEP INDIAN RIVER BEAUTIFUL INC 5,681.56 353815 05/25/2017 HAMPTON INN 417.00 353816 05/25/2017 CARIBE ROYALE HOTEL 189.00 353817 05/25/2017 INTERNATIONAL CODE COUNCIL INC 52.00 353818 05/25/2017 TRANE US INC 816.56 353819 05/25/2017 CELICO PARTNERSHIP 375.88 353820 05/25/2017 BOYLE & DRAKE INC 1,000.00 353821 05/25/2017 FLORIDA DEPT OF JUVENILE JUSTICE 26,398.56 353822 05/25/2017 VAN WAL INC 550.00 353823 05/25/2017 BIG BROTHERS AND BIG SISTERS 625.00 353824 05/25/2017 BIG BROTHERS AND BIG SISTERS 1,691.91 353825 05/25/2017 VIOLET KROCHMALNY 58.50 353826 05/25/2017 FLORIDA RURAL LEGAL SERVICES INC 2,309.63 353827 05/25/2017 THE SHERWIN WILLIAMS CO 167.97 353828 05/25/2017 JOHNS EASTERN COMPANY INC 33,532.64 353829 05/25/2017 CENTRAL PUMP &'SUPPLY INC 396.18 353830 05/25/2017 ETR LLC 137.78 353831 05/25/2017 STAPLES CONTRACT & COMMERCIAL INC 721.18 353832 05/25/2017 ORCHID ISLAND PROPERTY MGMT II INC 2,850.00 353833 05/25/2017 SAINT EDWARDS SCHOOL INC 1,335.00 353834 05/25/2017 MOORE MEDICAL LLC 218.78 353835 05/25/2017 CEMEX 3,484.50 353836 05/25/2017 COAST TO COAST LANDSCAPING INC 8,270.00 353837 05/25/2017 SHERRI L THOMAS 50.00 353838 05/25/2017 KATHLEEN P DOUGHERTY 120.00 353839 05/25/2017 RENAE CHANDLER 90.00 353840 05/25/2017 TREASURE COAST ELEMENTARY 24.00 353841 05/25/2017 K'S COMMERCIAL CLEANING 875.00 353842 05/25/2017 NICOLACE MARKETING INC 1,623.75 353843 05/25/2017 EQ THE ENVIRONMENTAL QUALITY COMPANY 20,540.21 353844 05/25/2017 SOUTHEAST POWER SYSTEMS OF ORLANDO 2,069.56 353845 05/25/2017 WINSUPPLY OF VERO BEACH 673.35 353846 05/25/2017 EVERY FLORIDA HOME 348.56 353847 05/25/2017 BRENNTAG MID -SOUTH INC 4,427.92 353848 05/25/2017 1 ST D&M, LLC 39.58 353849 05/25/2017 TREASURE COAST SWIMMING LLC 1,500.00 353850 05/25/2017 TREKKER TRACTOR LLC 166.27 353851 05/25/2017 AUTOMATIONDIRECT.COM INC 81.00 353852 05/25/2017 ALAN JAY FORD LINCOLN MERCURY INC 20,746.30 353853 05/25/2017 TIM ZORC 102.25 353854 05/25/2017 REPROGRAPHIC SOLUTIONS INC 74.88 353855 05/25/2417 LOWES HOME CENTERS INC 890.81 353856 05/25/2017 ALADTEC INC 168.66 353857 05/25/2017 FGX LLC 2,446.00 353858 05/25/2017 CARDINAL HEALTH 110 INC 2,430.18 353859 05/25/2017 SOUTHWIDE INDUSTRIES INC 53,429.68 353860 05/25/2017 QUICKSERIES PUBLISHING INC 1,377.46 353861 05/25/2017 SAMBA HOLDINGS INC 1,326.81 353862 05/25/2017 SUSAN ADAMS 43.97 353863 05/25/2017 TRINOVA -FLORIDA INC 1,520.00 353864 05/25/2017 AMEC ENVIRONMENT & INFRASTRUCTURE INC 3,789.70 353865 05/25/2017 THE LAW OFFICES OF 956.00 353866 05/25/2017 BERNARD EGAN & COMPANY 3,056.30 353867 05/25/2017 NAPIER & ROLLIN PLLC 712.50 353868 05/25/2017 ARROW INTERNATIONAL 2,760.27 P26 TRANS NBR DATE VENDOR AMOUNT 353869 05/25/2017 SYLIVIAMILLER 2,158.00 353870 05%25/2017 ENCORE ONE LLC 1,083.87 353871 05/25/2017 FLORIDA SILICA SAND COMPANY 274.98 353872 05/25/2017 DRAINMASTER INC 1,500.00 353873 05/25/2017 JOSEPH DIZONNO 50.00 353874 05/25/2017 RED THE UNIFORM TAILOR 1,323.76 353875 05/25/2017 GERELCO TRAFFIC CONTROLS INC 1,866.67 353876 05/25/2017 UNIFIRST CORPORATION 895.38 353877 05/25/2017 GOTTA GO GREEN ENTERPISES INC 82.04 353878 05/25/2017 ADVANCE STORES COMPANY INCORPORATED 442.18 353879 05/25/2017 THE GIFFORD FLORIDA YOUTH ORCHESTRA 1,040.00 353880 05/25/2017 EGP DOCUMENT SOLUTIONS LLC 225.00 353881 05/25/2017 WURTH USA INC 555.00 353882 05/25/2017 AC VETERINARY SPECIALTY SERVICES 326.69 353883 05/25/2017 TRIHEDRAL INC 1,250.00 353884 05/25/2017 ASPHALT PAVING SYSTEMS_ INC 60,504.25 353885 05/25/2017 CANARX GROUP INC 4,115.20 353886 05/25/2017 COLE AUTO SUPPLY INC 1,944.20 353887 05/25/2017 KONICA MINOLTA BUSINESS SOLUTIONS 2,803.48 353888 05/25/2017 UNIQUE TRUCK EQIPMENT 669.39 353889 05/25/2017 ALLAN D KELLERMAN 15,670.00 353890 05/25/2017 ALLSTAR SEPTIC SERVICES INC 497.64 353891 05/25/2017 DANIEL PETERS 50.00 353892 05/25/2017 THE LAKES AT SANDRIDGE 13,675.09 353893 05/25/2017 TITAL FLORIDA 200.00 353894 05/25/2017 SHANNON BUHR 150.00 353895 05/25/2017 ]ERRING MC PHEE 107.00 353896 05/25/2017 ALONZO LALLEN JR 500.00 353897 05/25/2017 DU-ALL SEWER & DRAIN SERVICES INC 4,000.00 353898 05/25/2017 UTIL REFUNDS 19.90 353899 05/25/2017 UTIL REFUNDS 20.00 353900 05/25/2017 UTIL REFUNDS 73.17 353901 05/25/2017 UTIL REFUNDS 80.06 353902 05/25/2017 UTIL REFUNDS 134.57 353903 05/25/2017 UTIL REFUNDS 46.34 353904 05/25/2017 UTIL REFUNDS 13.24 353905 05/25/2017 UTIL REFUNDS 54.50 353906 05/25/2017 UTIL REFUNDS 37.80 353907 05/25/2017 UTIL REFUNDS 25.71 353908 05/25/2017 UTIL REFUNDS 124.33 353909 05/25/2017 UTIL REFUNDS 5.83 353910 05/25/2017 UTIL REFUNDS 84.01 353911 05/25/2017 UTIL REFUNDS 54.77 353912 05/25/2017 UTIL REFUNDS 69.18 353913 05/25/2017 UTIL REFUNDS 12.28 353914 05/25/2017 UTIL REFUNDS 54.55 353915 05/25/2017 UTIL REFUNDS 7.12 353916 05/25/2017 UTIL REFUNDS 38.07 353917 05/25/2017 UTIL REFUNDS 67.73 353918 05/25/2017 UTIL REFUNDS 33.96 353919 05/25/2017 UTIL REFUNDS 81.64 353920 05/25/2017 UTIL REFUNDS 9.82 353921 05/25/2017 UTIL REFUNDS 80.06 353922 05/25/2017 UTIL REFUNDS 25.62 353923 05/25/2017 UTIL REFUNDS 75.32 353924 05/25/2017 UTIL REFUNDS 51.71 353925 05/25/2017 UTIL REFUNDS 43.80 353926 05/25/2017 UTIL REFUNDS 44.38 353927 05/25/2017 UTIL REFUNDS 68.22 353928 05/25/2017 UTIL REFUNDS 31.94 P27 TRANS NBR DATE VENDOR AMOUNT 353929 05/25/2017 UTIL REFUNDS 73.78 353930 05/25/2017 UTIL REFUNDS 47.36 353931 05/25/2017 UTIL REFUNDS 57.49 353932 05/25/2017 UTIL REFUNDS 8.85 353933 05/25/2017 UTIL REFUNDS 156.70 353934 05/25/2017 UTIL REFUNDS 73.58 353935 05/25/2017 UTIL REFUNDS 45.17 353936 05/25/2017 UTIL REFUNDS 41.50 353937 05/25/2017 UTIL REFUNDS 19.00 353938 05/25/2017 UTIL REFUNDS 33.14 353939 05/25/2017 UTIL REFUNDS 77.53 353940 05/25/2017 UTIL REFUNDS 74.38 Grand Total: 1,051,783.93 P28 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1011386 05/22/2017 AT&T 11,425.76 1011387 05/22/2017 OFFICE DEPOT BSD CUSTOMER SVC 947.34 1011388 05/22/2017 WASTE MANAGEMENT INC 2,228.63 1011389 05/23/2017 EVERGLADES FARM EQUIPMENT CO INC 269.70 1011390 05/23/2017 COPYCOINC 129.05 1011391 05/23/2017 NORTH SOUTH SUPPLY INC 9.78 1011392 05/23/2017 COLD AIR DISTRIBUTORS WAREHOUSE 247.87 1011393 05/23/2017 INDIAN RIVER BATTERY 951.50 1011394 05/23/2017 DEMCOINC 370.13 1011395 05/23/2017 GALLS LLC 322.07 1011396 05/23/2017 MEEKS PLUMBING INC 575.60 1011397 05/23/2017 NEWMANS POWER SYSTEMS 225.00 1011398 05/23/2017 THE EXPEDITER 80.39 1011399 05/23/2017 TOTAL TRUCK PARTS INC 13.33 1011400 05/23/2017 COMO OIL COMPANY OF FLORIDA 226.61 1011401 05/23/2017 COMPLETE ELECTRIC INC 183.42 1011402 05/23/2017 RECHTIEN INTERNATIONAL TRUCKS 652.37 1011403 05/23/2017 METRO FIRE PROTECTION SERVICES INC 463.85 1011404 05/23/2017 BENNETT AUTO SUPPLY INC 33.03 1011405 05/23/2017 L&L DISTRIBUTORS 904.40 1011406 05/23/2017 HYDRA SERVICE (S) INC 7,022.95 1011407 05/23/2017 WRIGHT FASTENER COMPANY LLC 64.00 1011408 05/23/2017 ALLIED DIVERSIFIED OF VERO BEACH LLC 225.00 1011409 05/23/2017 FILTRATION GROUP CORPORATION 514.32 1011410 05/25/2017 ADRON FENCE COMPANY INC 1,621.00 1011411 05/25/2017 EVERGLADES FARM EQUIPMENT CO INC 3,701.91 1011412 05/25/2017 SSES 1'NC 1,271.58 1011413 05/25/2017 UNIVERSAL SIGNS & ACCESSORIES 4,185.00 1011414 05/25/2017 COLD AIR DISTRIBUTORS WAREHOUSE 445.92 1011415 05/25/2017 INDIAN RIVER BATTERY 168.00 1011416 05/25/2017 DAVES SPORTING GOODS & TROPHIES 462.50 1011417 05/25/2017 MEEKS PLUMBING INC 98.00 1011418 05/25/2017 HILL MANUFACTURING CO INC 1,769.11 1011419 05/25/2017 DEERE & COMPANY 59.19 1011420 05/252017 TOTAL TRUCK PARTS INC 4,770.6.5 1011421 05/25/2017 BARKER ELECTRIC, AIR CONDITIONING 205.00 1011422 05/25/2017 SOUTHERN PLUMBING INC 353.00 1011423 05252017 SHRIEVE CHEMICAL CO 7,161.06 1011424 05/25/2017 SOUTHERN JANITOR SUPPLY INC 909.36 1011425 05/25/2017 GREEN EQUIPMENT COMPANY 73.00 1011426 05/25/2017 METRO FIRE PROTECTION SERVICES INC 361.66 1011427 05/25/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 8,419.43 1011428 05/252017 BENNETT AUTO SUPPLY INC 96.54 1011429 05/252017 AUTO PARTNERS LLC 29.90 1011430 05/25/2017 L&L DISTRIBUTORS 68.07 1011431 05/25/2017 PIONEER MANUFACTURING 840.00 1011432 05/25/2017 HYDRA SERVICE (S) INC 4,752.00 .1011433 05/25/2017 PACE ANALYTICAL SERVICES INC 108.00 1011434 0525/2017 CM&S INDUSTRIES INC 2,700.00 1011435 0525/2017 ALLIED DIVERSIFIED OF VERO BEACH LLC 45.00 Grand Total: 72,760.98 29 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 5138 0511:9/2017 NACOISOUTHEAST 1,304.85 5139 05/19/2017 FLORIDA LEAGUE OF CITIES, INC 4,235.07 5140 05/19/2017 ICMA RETIREMENT CORPORATION 12,272.66 5141 05/19/2017 NACO/SOUTHEAST 24,997.99 5142 05/19/2017 TEAMSTERS LOCAL UNION #769 5,571.00 5143 05/19/2017 ICMA RETIREMENT CORPORATION 2,355.00 5144 05/19/2017 IRC FIRE FIGHTERS ASSOC 6,900.00 5145 05/19/2017 BENEFITS WORKSHOP 6,735.96 5146 05/10/2017 SENIOR RESOURCE ASSOCIATION 330,460.01 5147 05/19/2017 CDM SMITH INC 34,041.05 5148 05/19/2017 SCHOOL DISTRICT OF I R COUNTY 114,638.00 5149 05/19/2017 I R C HEALTH INSURANCE - TRUST 85,937.16 5150 05/19/2017 PIERCE MANUFACTURING INC 507,227.00 5151 05/22/2017 CHARD SNYDER & ASSOCIATES INC 95.60 5152 05/22/2017 HEALTH ADVOCATE 394.35 5153 05/22/2017 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 11,938.05 5154 05/22/2017 MUTUAL OF OMAHA 1,626.00 5155 05/22/2017 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 6,108.84 5156 05/22/2017 FL SDU 5,562.16 51,57 05/22/2017 IRS -PAYROLL TAXES 419,574.06 5158 05/23/2017 IRS -PAYROLL TAXES 178.93 Grand Total: 1,582,153.74 a am CONSENT AGENDA June 6, 2017 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: May 18, 2017 SUBJECT: Out of County Travel to Attend Governor's Conference on Tourism — August 28-30, 2017 FROM: Lisa Hill Commissioner's Assistant Out of county travel is requested for commissioners and staff to attend the Governor's Conference on Tourism to be held August 28-30, 2017, at the Diplomat Beach Resort in Hollywood, Florida. Attachment: Conference Information P31 17, y� y, F sjk� Y LF CNFERENCE�f - - �=-` : is Y 17 STH. D;{P aQMAT BEACH RESORT Hb AUGUS i-28 . 30, 20 _- `� - LL OODAjr- , FL Florida s PrernIer°:Educational Conference�farahe Tourism industry: T •:' — ...a i 3 '.i�ll1� i. yy/� \ r�S '4 �a '*Y .�. .0 7 Ams-eT.:31fi A'� S.. A -1 rya-�%r. 2 t.. -... _ `�'3s�• � 'f` aa.. -'� - a Y 5/18/2017 floridatourismconference.com/schedulelprintablescheddet 2017 Florida Governor's Conference Printable Schedule Sunday, August 27th 2:00 pm - 5:00 pm Registration & Information Desk The friendly team at the Registration & Information Desk is available for badge pick-up, onsite registrations and to answer any questions you may have. 2:00 pm - 5:00 pm VISIT FLORIDA Committee Meetings If applicable. More information to follow. Monday, August 28th 8:00 am - 9:00 am VISIT FLORIDA Board of Directors Breakfast By Invitation Only. 8:00 am - 6:00 pm Registration & Information Desk The friendly team at the Registration & Information Desk is available for badge pick-up, onsite registrations and to answer any questions you may have. 9:00 am - 12:00 pm VISIT FLORIDA Board of Directors Meeting 10:00 am - 6:00 pm Media Room Open The Media Room is for attending media representatives only. Attendees, feel free to place your news releases or other pertinent information in this room. Media representatives, do you need assistance arranging interviews with key tourism industry executives? Please contact Kathy Torian, Corporate Communication Manager, at 850-345-6494 or ktorian@VISITFLORIDA.org. 12:00 pm - 1:30 pm Florida Council of Tourism Leaders Lunch By Invitation Only. 12:00 pm - 5:00 pm Marketplace Exhibitors Move -In 1:30 pm - 3:30 pm Pre -conference sessions 1:30 pm - 3:30 pm Pre -conference activity: VIP tour of the new Brightline Fort Lauderdale train station Your exclusive opportunity to ride Brightline, the new privately -funded http:/tfloridatourismconference.com/scheduletpriritablescheduW 1/3 P33 5/18/2017 floridatourismconference.com/schedulelpriritableschedule/ express intercity train service that connects Fort Lauderdale to West Palm Beach and Miami, with future service to Orlando. 3:30 pm - 4:30 pm CMO Roundtable By Invitation Only. 5:30 pm - 6:30 pm Chairman's Reception The Chairman's Reception is sponsored by TrinAdvisor. 6:30 pm - 9:00 pm Chairman's Dinner feat. the Flagler Awards, Hall of Fame Award & the Iris Larson Awards Featuring the Flagler Awards, Hall of Fame Award and the Iris D. Larson Awards. The Chairman's Dinner is sponsored by TripAdvisor. The Flagler Awards are sponsored by Madden Media. 9:00 pm - 11:00 pm After -Hours Networking Event Tuesday, August 29th 7:30 am - 6:00 pm Registration & Information Desk The friendly team at the Registration & Information Desk is available for badge pick-up, onsite registrations and to answer any questions you may have. 8:00 am - 10:15 am Breakfast & Opening General Session 8:00 am - 6:00 pm Media Room Open The Media Room is for attending media representatives only. Attendees, feel free to place your .news releases or other pertinent information in this room. Media representatives, do you need assistance arranging interviews with key tourism industry executives? Please contact Kathy Torian, Corporate Communication Manager, at 850-345-6494 or ktorian@VISITFLORIDA.org. 10:15 am - 10:45 am Refreshment Break in the Marketplace 10:45 am - 12:00 pm Break -Out Sessions 12:00 pm - 1:30 pm Lunch and Keynote Session 1:45 pm - 3:00 pm Break -Out Sessions 3:00 pm - 3:30 pm Refreshment Break in the Marketplace 3:30 pm - 4:45 pm General Session: A Conversation with VISIT FLORIDA Leadership This keynote session is sponsored by Expedia Media Solutions. http://floridatourismconference.com/schedulelprintablescheduW 2/3 P34 5/18/2017 floridatourismconference.com/schedule/printableschedde/ 6:30 pm - 9:00 pm Evening Event hosted by the Greater Fort Lauderdale CVB Buses will depart from the conference porte-cochere at 6:15 PM. Wednesday, August 30th 8:00 am - 1:00 pm Registration & Information Desk The friendly team at the Registration & Information Desk is available for badge pick-up, onsite registrations and to answer any questions you may have. 8:00 am - 1:00 pm Media Room Open The Media Room is for attending media representatives only. Attendees, feel free to place your news releases or other pertinent information in this room. Media representatives, do you need assistance arranging interviews with key tourism industry executives? Please contact Kathy Torian, Corporate Communication Manager, at 850-345-6494 or ktorian@VISITFLORIDA.org. 8:00 am - 9:00 am Breakfast in the Marketplace Breakfast will be served buffet -style in the Marketplace. 9:00 am - 10:15 am Break -Out Sessions 10:15 am - 10:45 am Refreshment Break in the Marketplace 10:45 am - 12:00 pm Closing General Session http:/tfloridatourismconference.com/schedulelprintableschedulet 3/3 P35 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Office Of INDIAN MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 17, 2017 6D Consent Agenda - RCC. 6.6.17 RIVER COUNTY ATTORNEY SUBJECT: National Veterans Legal Services Program, et al. v. United States Class Action Lawsuit BACKGROUND. Nonprofit groups have sued the United States government alleging that the United States government has unlawfully charged users of the Public Access to Court Electronic Records ("PACER") system more than necessary to cover the costs of providing public access to federal court records. The United States District Court for the District of Columbia (the "Court") has allowed the lawsuit to be a class action on behalf of all individuals or entities that paid PACER fees between April 21, 2010 and April 21, 2016, excluding class counsel in the case and federal government entities. Indian River County (the "County") has received an email notification that the County may be a class member in this litigation. By July 17, 2017, the Indian River County Board of County Commissioners (`Board") has to decide whether to stay in the class or exclude itself from the class. No action is required in order to stay in the class. If the County stays in the class, the County agrees to pay the attorneys for the class up to 30 percent of any total recovery in attorneys' fees and expenses with the total amount to be determined by the Court. FUNDING. There is no funding associated with this item if the Board decides to stay in the class. Any money obtained as part of any potential settlement or verdict will be deposited into the General Fund/Other Miscellaneous Revenues Acct#00 103 8-3 69900 RECOMMENDATION. The County Attorney's Office recommends that the Board vote to stay in the class and authorize the County Attorney's Office to file a claim, if and when eligible to do so. ATTACHMENT(S). Class Notice for National Veterans Legal Services Program, et al. v. United States Class Action Lawsuit RL4M-1yU-.d.1GEN&W18 C Ct,4—&M.m.r1PACER CA..A—.dw P36 UNITED STATES DimicT COURT FOR THE DismcT of CoLuAmu If you paid fees to access federal court records on PACER at any time between April 21, 2010 and April 21, 2016, a class action lawsuit may affect your rights. A court authorized this notice. This is not a solicitation from a lawyer. • Nonprofit groups have sued the United States government alleging that the United States government has unlawfully charged users of the Public Access to Court Electronic Records ("PACER") system more than necessary to cover the costs of providing public access to federal court records. • The Court has allowed the lawsuit to be a class action on behalf of all individuals or entities that paid PACER fees between April 21, 2010 and April 21, 2016, excluding class counsel in this case and federal government entities. • The Court has not decided whether the fees were excessive, or whether the United States government did anything wrong. There is no money now, and no guarantee there will be any recovery. However, your legal rights are affected, and you have a choice to make now: x � � � 4` �t�<�I:i��� y.i P`dlS }ti Nt.��i.v4^'-vzt+a`°i�`: t l "�{.,; I. i4?i e-�-' ", Stay in this lawsuit. Await the outcome. Give up certain rights. Do NOTHING By doing nothing, you keep the possibility of getting money or benefits that may come from a judgment or settlement. But, you give up any rights to sue the United States government separately about the same claims in this lawsuit. Get out of this lawsuit. Get no benefits from it. Keep rights. ASK TO If you ask to be excluded and money and benefits are later awarded, you BE EXCLUDED won't share in those things. But, you keep any rights to sue the United States government separately about the legal claims in this lawsuit. 0 Your options are explained in this notice. To ask to be excluded, you must act before July 17, 2017. Lawyers must prove the claims against the United States government in future court proceedings. If you do nothing and money or benefits are obtained from the United States government, you will be notified about how to ask for your share. 0 Any questions? Read on or call 1-844-660-2215. USNNTWO32 P37 WHAT THIS NOTICE CONTAINS BASICINFORMATION,.......................................................................................................................... PAGE 3 1. Why is this notice being provided? 2. What is this lawsuit about? 3. What is a class action and who is involved? 4. Why is this lawsuit a class action? THE CLAIMS IN THE LAWSUIT ....... ... .... ....... , ...... .. ,... .........,.PAGE 4 5. What does the lawsuit complain about? 6. How does the United States government answer? 7. Has the Court decided who is right? 8. What are the Plaintiffs asking for? 9. is there any money available now? WHO IS IN THE CLASS PAGE 4 10. Am I part of this Class? 11. I'm still not sure if I am included. CLASS MEMBERS' RIGHTS AND OPTIONS...................................................................................PAGE 4 12. What happens if I am a Class Member and,I do nothing? 13. If I am a Class Member, why would I ask to be excluded? 14. If I am a Class Member, how do I ask the Court to exclude me from the Class? THE LAWYERS REPRESENTING THE CLASS..............................................................................PAGE 5 15. Do Class Members have a lawyer in this case? 16. If I am a Class Member, should I get my own lawyer? 17. How will the lawyers be paid? THETRIAL................................................................................................................................................ PAGE 6 18. How and when will the Court decide who is right? 19. Do Class Members have to come to the trial? 20. Will Class Members get money after the trial or other resolution? GETTING MORE INFORMATION......................................................................................................PAGE 6 21. Are more details available? Page 2 of 6 P38 BASIC INFORMATION 1. Why is this notice being provided? According to the records of the Administrative Office of the United States Courts, which runs PACER, individuals and entities receiving this notice have paid PACER fees between April 21, 2010 and April 21, 2016. This notice explains that the Court has allowed, or "certified," a class action lawsuit that may affect you. You may have legal rights and options that you may exercise before the Court decides who wins the case. The Court will decide whether the claims being made against the United States are valid. Judge Ellen Huvelle of the United States District Court for the District of Columbia is overseeing this class action. The lawsuit is known as National Veterans Legal Services Program, et al. v. United States, Civil Action No. 1:16-cv-00745-ESH. 2. What is this lawsuit about? This lawsuit is about whether the federal courts have charged PACER users more than necessary to cover the costs of providing public access to federal court records through PACER, and if so, whether those excessive fees are unlawful. 3. What is a class action and who is involved? In a class action lawsuit, entities called "Class Representatives" (in this case the National Veterans Legal Services Program, the National Consumer Law Center, and the Alliance for Justice) sue on behalf of other people and entities who have similar claims. The people and entities together are a "Class" or "Class Members." The entities who sued—and all the Class Members like them—are called the Plaintiffs. The United States government, which they sued, is called the Defendant. One court resolves the issues for everyone in the Class— except for those people who choose to exclude themselves from the Class. 4. Why is this lawsuit a class action? The Court decided that this lawsuit can be a class action and move towards a trial because it meets the requirements of Federal Rule of Civil Procedure 23,which governs class actions in federal district courts. Specifically, the Court found that: • The Class is so numerous that joining all Class Members is impracticable; • There are legal questions and facts that are common to the Class; • The Class Representatives' claims are typical of the claims of the rest of the Class; • The Class Representatives and the lawyers representing the Class will fairly and adequately represent the Class's interests; • The common legal questions and facts are more important than questions that affect only individuals; and • This class action will be more efficient than having many individual lawsuits. More information about why the Court is allowing this lawsuit to be a class action is in the Court's ruling on Motion for Class Certification, which is available here. Page 3 of 6 WW THE CLAIMS IN THE LAWSUIT 5. What does the lawsuit complain about? In the lawsuit, the Plaintiffs say that Congress authorized the Administrative Office of the U.S. Courts to charge PACER fees only to the extent necessary to cover the costs of providing the service, but that the federal courts are charging more than that. Plaintiffs seek to recover any excessive PACER . fees collected by the Administrative Office. You can read the Plaintiffs' Class Action Complaint here. 6. How does the United States government answer? The United States government denies Plaintiffs' allegations, including that the PACER fees are excessive; denies any wrongdoing; and denies any liability to Plaintiffs or any member of the Class. The government's Answer to the Class Action Complaint is available here. 7. Has the Court decided who is right ? The Court hasn't decided whether the United States government or the Plaintiffs are correct. By establishing the Class and issuing this notice, the Court is not suggesting that the Plaintiffs will win or lose this case. The Plaintiffs will attempt to prove their claims in court proceedings that have not yet been scheduled. (See "The Trial" below on page 6.) 8. What are the Plaintiffs aside g for? The Plaintiffs seek the recovery of the excessive portion of the PACER fees. 9. Is there an Mqngy available now? No money or benefits are available now because the Court has not yet decided whether the United States government did anything wrong, and the two sides have not settled the case. There is no guarantee that money or benefits ever will be obtained. If they are, you will be notified about how to ask for your share. WHO IS IN THE CLASS You need to determine whether you are affected by this lawsuit. 10. Am I part of this Class? The Court decided: All persons who paid PACER Fees between April 21, 2010 and April 21, 2016, excluding class counsel in this case and federal government entities, are Class Members. 11. I'm still not sure if I am included. If you are still not sure whether you are included, you can get free help at www.PACERFeesClassAction.com or by calling or writing to the class administrator in this case, at the phone number or address listed in question 21. CLASS MEMBERS" RIGHTS AND OPTIONS If you are a Class Member, you have to decide whether to stay in the Class or ask to be excluded before the Court decides who wins, and you have to decide this by July 17, 2017. Page 4 of 6 ME 12. What happens if I am a Cuss Member and I do nothing? You don't have to do anything now if you want to keep the possibility of getting money or benefits from this lawsuit. By doing nothing you are staying in the Class. If you stay in the Class and the Plaintiffs obtain money or benefits, either as a result of a court ruling or a settlement, you will be notified about how to apply for your share (or how to ask to be excluded from any settlement). Keep in mind that if you do nothing now, regardless of whether the Plaintiffs win or lose the case, you will not be able to sue, or continue to sue, the United States government or Administrative Office—as part of any other lawsuit—about the same legal claims that are the subject of this lawsuit. This means that you will not be able to sue the government or the Administrative Office of the U.S. Courts for any PACER fees paid between April 21, 2010 and April 21, 2016. You will also be legally bound by all of the Orders the Court issues and judgments the Court makes in this class action. 13. If I am a Class Member, why would I ask to be excluded? If you exclude yourself from the Class—which also means to remove yourself from the Class, and is sometimes called "opting out" of the Class—you won't get any money or benefits from this lawsuit even if the Plaintiffs obtain them as a result of a court ruling or from any settlement (that may or may not be reached) between Plaintiffs and the United States government. However, you may then be able to sue or continue to sue the government for the PACER fees at issue in this case. If you exclude yourself, you will not be legally bound by the Court's judgments in this class action. If you exclude yourself, you may represent yourself or hire a lawyer to represent you in your own lawsuit against the government or the Administrative Office of the U.S. Courts. If you exclude yourself and bring your own lawsuit, you'll have to prove your own claims, and will no longer be represented by class counsel. If you choose to exclude yourself so you can start or continue your own lawsuit against the government, you should decide soon whether to pursue your own case because your claims may be subject to a statute of limitations. 14. If I am a Class Member, how do I ask the Court, to exclude me from the Class? To ask to be excluded from the Class, you must request exclusion in one of the following ways: 1. Send an "Exclusion Request" in the form of a letter sent by mail, stating that you want to be excluded from National Veterans Legal Services Program v. United States Case No. 1:16-cv-00745-ESH Be sure to include your name, address, telephone number, email address, and signature. You must mail your Exclusion Request, postmarked by July 17, 2017, to: PACER Fees Class Action Administrator, P.O. Box 43434, Providence, RI 02940-3434. 2. Complete and submit online the Exclusion Request Form found here by July 17, 2017. 3. Send an Exclusion Request Form, available here, by mail. You must mail your Exclusion Request Form, postmarked by July 17, 2017, to: PACER Fees Class Action Administrator, P.O. Box 43434, Providence, RI 02940-3434. THE LAWYERS REPRESENTING THE CLASS 15. Do Class Members have a jawyerin this .case.0. Yes, the Court decided that the law firms of Gupta Wessler PLLC of Washington, D.C. and Motley Rice LLC of Mount Pleasant, South Carolina are qualified to represent all Class Members. These law firms are called "Class Counsel." They are experienced in handling other class actions. More information about Gupta Wessler and Motley Rice, their practices, and their lawyers' experience is available at www.gmptawessler.com and www.motleyiice.com. Page 5 of 6 P41 16. If I am a Class Member, should I get my own lawyer? You do not need to hire your own lawyer because Class Counsel are working on your behalf. But, if you want your own lawyer, you will have to pay that lawyer. For example, you can ask him or her to appear in Court for you if you want someone other than Class Counsel to speak for you. 17. How will the lawyers be PaW If Class Counsel get money or benefits for the Class, they may ask the Court for fees and expenses. If the Court grants Class Counsel's request, Class Counsel's and their co -counsel's fees and expenses would be paid by the United States government or deducted from any money .obtained for the Class. By participating in the Class, you agree to pay Class Counsel up to 30 percent of the total recovery in attorneys' fees and expenses with the total amount to be determined by the Court. The Court has not yet scheduled a trial to decide who is right in this case. There may not be a trial because the Court may decide the case based on documents filed with the Court. 18. How and when will the Court decide who is right? As long as the case isn't resolved by a settlement, Class Counsel will have to prove the Plaintiffs' claims in court. A trial date has not been scheduled The judge will make a decision about whether the Plaintiffs or the United States government is right about the claims in the lawsuit. There is no guarantee that the Plaintiffs will win, or that they will get any money for the Class. 19. Do Class Members have to come to the trial? If there is a trial, Class Members do not need to attend it. Class Counsel will present the case for the Class, and the government will present the defenses. You or your own lawyer are welcome to come at your own expense. 20. Will Class Members get Money after the trial or other resolution? If the Plaintiffs obtain money or benefits as a result of a court decision or a settlement, Class Members will be notified about how to obtain a share. We do not know how long this will take. GETTING MORE INFORMATION 21. Are more details available? Visit the website, www.PACERFeesCIassAction.com, where you will find the Court's Order Certifying the Class, the Complaint that the Plaintiffs filed, the Defendant's Answer to the Complaint, as well as an Exclusion Request Form. You may also obtain more information by calling 1-844-660-2215, or by writing to: PACER Fees Class Action Administrator, P.O. Box 43434, Providence, RI 02940-3434. You may speak to one of the lawyers by calling 1-866-274-6615. DATE: April 17, 2017 Page 6 of 6 ?E INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. BrCounty Administrator THROUGH: Stan Boling, AICP; Community Development Director rA FROM: John W. McCoy, AICP; Chief, Current Development DATE: May 25, 2017 SUBJECT: DiVosta Homes, LP's Request for Final Plat Approval for The Lakes at Waterway Village POD 3R [PD -16-03-02 / 2004010124-78246 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 6, 2017. DESCRIPTION & CONDITIONS: The Lakes at Waterway Village POD 3R is a phase within the Waterway Village planned development project and consists of 88 lots on 26.2 acres. It is located east of 5111 Court, south of 53`d Street, and adjacent to a portion of the future 43d Avenue extension. The property is zoned PD (Planned Development), has an L-2 (Low Density 2 up to 6 units per acre) land use designation, and will have a density of 3.36 units per acre. On April 14, 2016, the Planning & Zoning Commission granted preliminary PD plan/plat approval for The Lakes at Waterway Village POD 31;, which contains 88 lots on 26.2 acres. The applicant is now seeking final plat approval for POD 3R, having obtained a land development permit and commencing construction of the project. At this time, the applicant has built 77.07% of the required improvements that serve the POD 3R area, is proposing to "bond -out" for the remaining 22.93% of the required improvements, and has submitted the following: T. A final plat in conformance with the approved preliminary plat; 2. An Engineer's Certified Cost Estimate for the remaining required improvements; 3. A Contract for Construction of remaining required improvements; and 4. A letter of credit in the amount of $447,439.71 The Board is now to consider granting final plat approval for The Lakes at Waterway Village POD 3R. FACommunity DevelopmenACurDevOnal P1ats\BCC staffreporGs12017 FPrptsU akesatWWVPOD3R(78246).rtf P43 ANALYSIS: Some, but not all, of the required improvements for The Lakes at Waterway Village POD 3R 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 22.93% of required improvements (utilities, roadways, landscape, sidewalks). Public Works, Planning, and Utility Services have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The proposed security arrangement, which represents 125% of the estimated cost to construct the required improvements, has been reviewed and approved by county staff. All improvements within The Lakes at Waterway Village PD 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 through the certificate of completion process. In addition, a warranty and maintenance agreement will be required for the roads and stormwater improvements, prior to issuance of a certificate of completion. RECOMMENDATION: Based on the above analysis, staff recommends that the Board of County Commissioners grant final plat approval for The Lakes at Waterway Village POD 3R. ATTACHMENTS: 1. Application 2. Location Map 3. Final Plat Layout 4. Contract for Construction of Required Improvements FACDmmunity DevelopmenACurDev\Final Plab\BCC staffreports1201'7 FPrptsV akesatWWVP0D3R(78246).rtf 2 P44 J N D Ull Rv.VIN R CUIVINrZ PLANNS b jyBVEWPMM'r Arm.-ICK-exoN Pimse ludkate Me t?pu cr-fitpOlmd" Wng kibmItt-oda. PROJECT 160-02 pjruNuc*w.M ,W�L. P P.Opmry OWNP—R; crueA sm PRDrl) Olvosta Homes, LP NAM 4400 PGA Blvd. Suite 700 ADDRESS Palm Beach Gardens, FL, 33410 CrrY, STAT$ ZIP 954-415-0229 PHONE NUMBER gregory.peftibon@pultegroup.00m EVAMADDRESS. Greg Petbbon B&N-TAcr Pmm-.4 PROJECT ENGINMR. (PLEASE PRINT? Nnan Husainy, P.E. 445 24th Street, Suite 200 AMRESS Vero Beach, FL, 32960 MY, ffrAM ZIP 772-794100 PHONE NUhMER. kinan.husainy@kimley-hom.com EbMM ADDRESS Vinan Husainy, P.E. CONTACT PERSON API KICANI T OLEASE PRY i' Same as Owner NAME ADDRESS CITY, STATE, ZIP PHONE NUN BER EMAIL Ai)DPJM CONTACT PERSON A(=qT fMRAMS 7.,9 ADDRESS CITY, STATE, ZIP PHONE NUMBER EMAILADDRESS CONTACT PERSON (OFF CRAOENT FiM=unbV DwvbpwodAMMATMMCwDw qpbmd=TPAWAW ROUWW2DIG Pyo id3 A"ACHMENT I P45 T.,&.3► PA IIs g(s) OF ,r,Mn GT i p,oppERTy.- 32392100001001000001.0;32392100000300000001.0 PROMMY CU S&FICAi"ION(S)r ResidentiFal PD 26.2 '1 I'A.L PROJECT AcmaE: 26.2 .'� 'tlr+[d SYTEU3E(8): Vacant PROPOM ISITB USII(5) AND 11G"MMY (e.S # ofunkr square Seat by useN 88 residential units, 3.36 units per acre ► PLEASI'L t011;li''lATZ TJOU 9U&M=AL ,CMMOM r► 11w folio -acing :item must be diAched to the application: N/A if the gvncaut is outer ti= ft awnar(a� a swam atmaement of autwrizstton from the ownw; Wro cced-'s and a vcrcficd stabmwat :ami;C.. every individual having loyal ar alWtsble owner&tip m th$ p opuly, ff at%=d by it corpomadon, provido tho ntrmm and addross of dch slow. hOIder 01 -Ming more *.On 10% of Rae value of outstncling corporadon dm en Two copies of th-o mme's rcm� vrrLwy decd; XA chxk, stoney uc*r or r.ss t made payable to "Indian River County": Planned Developme= Requost ; Conotptual PD Spacial Exception less than 20 a $ 207SAO 20.40 sctac 2475.00 ovct 40 amw 2575.00 + 100.00 fir, each addhiond 25 ages over 40 accts -PreflmiA84 PO Plait Iess than 20 aoms $11SO.00 20-40 arras 12S0.00 over 40 rr 1300.00 + 50.00 for each additional 25 acres over 40 ace s _Plnrd FD P $1400.00 Par rant,. refit, appMea#iow: combinap apapropar a€e foes rid s�slubwt $400.00. I rsn raft of complew Cor- el-Awtl, Prelimiwa y or Find PD (final plc 'plans mast be signed and sealed by sour-Ieyci4 Phos M Piz Cimpte- 91 S, pxarsuant to t1:e type of approval being ragecwted. N/;a: Any recluhmm- ants of the :sadist,: or sute lvisioa w2mw width the aplalimt is rvW4smg to be waived (aitch as mit-IMum lot vaidth and ",, Mrcet frouWp r"ulmamts, setbacks, eta.), shall be cleady indimW by motion and pa.-agraph nunioors, t w&" with tbo radonslo for filo weiver roquaWsl on zaa 3hrd sheet" t7 y -e niiy Davete a u�,PPLiGA1 t 3kr ,; pU lfamlPD� ►P.doa Rcvb d Apol 2016 PW 2 03 PHMENT I P46 NIA 2 A=" for cme-ofWat or pM hnf nary PDs hi:, L jkmjwj jvspoascw Pins tion for comptud or concurrent appkamfim X 2 sc*jl m�ft NIA 3 sou of &-or phusp std ala Wan for oommomW or muW-Cadly buffifop N/A. vitirm, w=ottt imid pholovaph of -Posw Sip 1AW ftM 00WIVU PrCVWiUg 6=1100 for ad21VViA9 dW 750A completion wasbold for V,.w ovftW I mabdiVidw Lmprovam%d 01NE OFrIM FOLLOFF17MG, SETS OF 11DQLJMM WROVEMENT DO CUMMUS CONSTRUCTIONWMAPLETl BUILT OUT: Cmfificat of Completion fmm Public Vloda or copy of letter to Public Mods and Utilities wqv*ing i*p2szficm. of`inzgsrsovaura t. ,_V zVROVEMEN78 AJRE PROMATED TO rj= PUBLIC: 0ri&M Easiamla Cmiffied Cost Esd=to for ts (SOped to BOSK r OUUV6 6 preAde intmuraten on , *140im,►tl#;a b bdagspbeted mayra.ult In a delay in pm;-tWwg *0 AppH"oz. =OR---- -011,71TRUC-110F, 11100MIJITAWN" - 1) 01l'A'. COIN. XOIJSM Fagginew's Ce MCA Cost EatimmW foi- ln4xovmwts {signed red seaW;votp, items to be oomplftd or pemont wmpleted' at,75% dad old for ovar*11 subdlvWou). swj)mQa e ug improv=zatr, are mt&g oompledon smd a certificate of Completion 74tt be Gwit prior to End pid appwvd Coplos of Dom=n!s to be recorded wills the find. plat ri. Covenant, Dowd ftsixiotions, By1m, etc or Svftmat Thoto Arc Nose a. Piv*ty 09m.e s Associsfion Articles of Incaiparadon or swemwA iodinating wby recordhig of POA is NOT required. w*k*1wAFDwAae Rwbd AprH 2016 Pq"3 Vf3 1%TMMKNT I P47 is 5�Ru 31 i�finiis of PQD 3R i z , ` . zones: v Ij a e .t . xTualmax A OD NtlWw /L</ N ah NOT A PART OF THIS PLAT ft 7 SIM. bf 00-MR91R1r Gil �ILttalrq N am."2", Lrd51 —�$R!a LAKES AT WATERWAY VILLAGE PD - POD 3R BEND A REPLAT OF A PORTION OF TRACT 1, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 30 EAST, INDIAN RNER FARMS CO. PIAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS. ACCORDING TO THE FIAT THEREOF, AS RECORDED IN PIAT BOON 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE COLNTY. FLORIDA, OEM OEIN INDIAN RAIER COUNTY, FLORIDA. AND A PORTION OF THE NORTHWEST ONE-QUARTER (NW. 114) OF SECTION 22. TOWNSHIP32 SOUTH. RANGE SS EAST ANO A PORTION OF THE SOUTHEAST ONE-QUARTER (SE. 1r I) OF SECTION 16, TOWNSHIP 32 SOUTH. RANGE 38 EAST, INDIAN RIVPR COUNTY, FLORIDA an w 1 W -A 1W. 33 ;/L LOT LUNL al Ik N. taoQ ULn.M.aS m mn, W. V s, LS mf '.r. ,Yo YV N YR NKr \ / mFfrtr IeLe Iaw9 Y RtQ CwMR .07 a.•}IwL7• \\ ra0►' I •�W Wutl p,Yvru1Nf ten a fN 21 :: Mq.Nf .'may � �� � nuesma `ate.Lnars: �< '^'°'° ,��:; `.'Law• nywirC 71r I NOT A PART OF TH13 PL—T /.w./r e�77m+1r n1rA lrOA't-ow µ CN-St7w9r !L r9. 1w. D S fs. b L ♦• � SYNlw X7'8 \ �l / 1F�9' bMM •Nlr u r0/7 / e.NCA7L' ..0[/719{}• 6.�1/.e7 MN0 CI r "�•u�p�y�p �'" Lasr uc mr faAO .• i� 1wL'��(/1 \9/bQ1� L-mrr 71T OR-lbf� •fir r� • /��� ' \ \ / ��� tNI7fMr •amt ��.® •��. \ / �� I w R..wad `\ tri. .•aoayT ` • %` . 'rd/•</®� t•IMrwwlr / pPA.N• / y\ �'LI; /'moi 1111LILM .ICT 4) W.wwoY/Yftwor IMr LWJV .Srigraoc 701! t I • �i � � \ � � � S t � � $_ r mar' , / %�, �•/ �'/ ;g.t �� ti mat' ' / / / N!d �\ /I �'�'1 L.��•j 6-IL97 LYL A \ \ \ otis7 tL4? / ,/ "` // NOT A PART OF THIS PLAT 4 / i Jilt. / �\ .TSB IAlX � 7Y tw1ba ¢ �a.4•r �. r .� f>g' r ao swwN.m K M M. 3 Z= •ALN OM u Iv pti 'q,� INwtar n.-sn NAvo ar '�„� mm NOT A PART OF THIS PLAT ' � MAWE-W TIw u 7 bAw za Aw RAM L1,1�19lmm Lwx LKL NI R m mm ttw = Lit m / MI Q t1.mrdl RIF 11 M, 113 LLL b L� II/O LILNM TNq EMPJw fiflk INCFONY. PLAT LgovtlmveAl,/+so. LrMSanalo/, Mt LW7s/AL[O 1 Y 10dLEY44ORN ALIO ASSOLTATIS, INC L w2mmRm mm vm 1&0t RlIMA 2 m tow 7/NRpIN t•1tplUN W/•aN/MRY ulamwlrrlue IICRM L CANAL a/wulAo.r � \ MI 11 L�4Y IMOOw1.•• MYww wYY? w MIK uwwrAa LpN• R NxYr uw/Y it� Nnui uxeuct. YN.O[t• mrYc• /o INPN.I woucw Il1/t0: A tI1H R r A AH.RENT CO ® • tCftLN•O1 R•arnNlflY•®YIM YINIIIfY' • • OYYpIO A, NlA1N PlLRYMDg1p •IYI/Nf IOItYYwI �� AIu1N n mI m cYNo t/sbw cwwaotat/twtreOlo euN N.1A10 no L ttu, tauto/Yo.rrtwouN LLILM/tLa?♦ImR ucttluN ;.. u uLILOYmLLrvotr ttas�•tuLo •11. NN YNI•IONL wrwYL6011w/LLII .. ro MrLmL rwnwancr,,uN /LNrt.tlLt•LYurmaw:rtuw l� IO K glrr wiNlLlW.aIIR In••IIOIICOIItIt/LIAR /A® h Ib n .'MVMiOgw111Y L1wMxM!/O-PO YOiAWII IWICIINILK LIN L /N•Wwtt LNgoRl,wtttdL NNI• M6 Ni s:• R•b4 LNC I/Nlrana7 1LC ns aloe 10LIwr w aNsw1pY •r LOlworrxw xNAutc'a�LNaAuaa /ac a/to ns.=/L1alwxYoOLert.xtc. ttc w.•/, YMYLYLIwIr utleltlowlmtw�rll IICRM L CANAL a/wulAo.r � \ MI 11 L�4Y IMOOw1.•• MYww wYY? w MIK uwwrAa LpN• R NxYr uw/Y it� Nnui uxeuct. YN.O[t• mrYc• /o INPN.I woucw Il1/t0: A tI1H R r A AH.RENT CO TNQ IR9TRIWa1T.6a PREP RW W: G0.f1E1a1N1pJM OttA mARorRLN1fA KPSPY.HORN AND ASSOCUUTES. INC M1MM DReeT, QURE L00 V9tl1f6".. Rf1.OR0A mm LOW Lr 0 LAKES AT WATERWAY VILLAGE PD - POD 3R BEING A REPIAT OF A PORTION OF TRACT 1, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2. PACE 25, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORKIk NOW BEMs N INDIAN RNHT COUNTY. FLORIDA. AND A PORTION OF TM NORTHWEST ON64 MRTER (NW.114) OF SECTION 22, TOWNSHIP 32 SOUTIA RANGE 38 EAST AND A PORTION OF THE SOUTHEAST ONE-0UARTER (SE. 11 4) OF SECTION 1 S. TOWNSHIP 32 SOUTH, RANGE 30 EAST, INDIAN RIVER COUNTY, FLORIDA Ri4tlMiGYTPf..l'IQSP OY.Qf QTlGtf IIA�1� LIMITS OF i R \\\\THIS PIAT i 1RAC.T STORMWATEi MANAGEMENT \Kasmam'+P+sLwGtV / ® ® ey TRACT'L-W OFi0.a GT1.117.'RJa1 `\f11•/ TIE f � �® `r � l®am.n+W / / 'TRACTllkk 'Al In pa.aAn.aw � STORMWATER MANAGEMM TRACT'L-18" v /�♦♦'�!\\ .Lar �® � i'ip'i� c F ♦l�y�♦ � y.� I ra1l /low f LOX i `!• roar �� 11Q•Y®T.aq �B wATYx�sQT •YYam fY••wQQ9a1mN1Q ...��...–�,-,. uomld•ofarws — -- Ruume••u,g �QSp/ tm Y•B • AQQMmRA1Rm1fY1YMu�1! wa•ulao • 1re.waunmaAvlmsv nwuYr . arcvna A pple-YIq aQ cslremcv.•w�Y W feaoam�w m cacQnQwQ1•-1TA�YQfu oa oQR-wfYaw t ARcuxom ..' f•Rr•orcoQ-m�1Ya11 u 1ra1aQf11f1ec. OA Of1inLIYmIQpQQo0f 01 MT -0I R 1VYfOPPMM we .wRwwraAodwwTUA RF 10MIn la/Y.lQPYVAlY1Q R QYWMC01111gfOf R IRR• a .o11ry-•sc•v OCQY'.M•!M rortvaaQwnr YM MYM19R•Y010plleY•EQ! • NC•Qi •n. ACI�L L 'Y 11AM01 iY f —41c'1w YF CIW Inc f1-Y11cow1Rw /yy�{L rimae- n�oe1'�:aY.Y1cYl.anwwTw '1F�' vYY •Y•. •1an1YAf-�r-rr�.� wWi6 �ao•�ifrnlRwYRf KEY MAP 1R.!T— RWAT -AST 11111lIR111 rCOV'E1t M6C V.IRR b wou'ia QQAr. w � 1111eA °N°°I'm1 wma�i' Rmme •wtFaar IiIMQA IAAK4W QOIRIQ. A afN �nenlln RYRYN Ir01r6.d ]•X• l b m KEY MAP 1R.!T— LAKES AT WATERWAY VILLAGE PD - POD 3R BEING A REPLAT OF A PORTION OF TRACT 1. SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RMER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PUT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCE COUNTY, FLORIDA. NOW OEM IN INDIAN RIVER COLW Y,'FLORIDA, ANDA PORTION OF THE NORTWVEST CNE -QUARTER (NW.114) OF SECTION 22, TOWNBMP 32 SOURS RANGE 39 EAST AND A PORTION OF THE SOUTHEAST ONE•OUARTER (SE. It 4) Of SECTION 1S. TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN AMER COUNTY. FLORIDA r•• uirna h / UNPLATTED \��j"�% / �e.aieae.•�ramwrlr olrrrsu_oaarm JUN �AC)'CeMiYe'Ie6 tlu•"e sola A lar / • � 21Uty - - - :r NNY•M•rRw la r •o.oce•elrr IIi� eeeer�~�rl r—•1 �mlw LINKS OF ® tmM•er THIS PLAT • wnM �RlN�p111111p111.4 "� • •u,•la•e•m•n•rmT'rwur Q STORMWATER ® y MANAGEMENT TRACT'LAC !� pnr+v.ar+m 4 - •un leea•a.•u� �♦ �t1a �y'� >:. ewM•iwu:•r .lou. ♦ � / LM umo.emuL a>owlr u u:•uon•xr• \ •� oiwrollL � :u: wrtoava•oar•aw + ppgq � / r•e rrrtosrerwew� ®� � % •� K •r1"ri•Imir r:•11r1I �+�, , �7✓ Atl � MIOFIENCCM014a11f ♦ i�' i h°' � lam' �A �•arw Sul n1C •mwe•m�•mluv ® _P w�unr amr.®r wrunwanr ® r ♦i!s, \♦ r� .ar. 'nomisur �eL.:r 0•. VM1IM enaeie STORMWATER MANAGEMENT TRACT'L•18• EX, OEY41ltPSHMM DASaleATR, INC K)Lt£Ym/DRNAND ASSOCUITES, MC MSi1TN SIItKT.eule BS Les eolRM"mi"CAKAL �*l^•w weur:u '�T1A 1st• A IrCN•N �- • `/ CYMW A . oto a b� • y7• r{III•• a.uv!"r umly � wlwL �ore•w+ w•uwue u•nweu .•uas.o .OMC' q 111ee`t 111CN8 W mIR+ PD .TI df KEY MAP_ LEl��B rgoduae �.__�_ twrYAr1JlMdrtAr - r. __.r _ . IPAIIVGOKIeIH _ _� � fltloitAO Lumrr�e ® tTn•eOt ••4•• CMOflAYIrOT1YMIrYfa' • OIq ADRD • p.MM1�Os•hfM01010AY�f TISrl1FAKDRYiN RLPMMM EA DIAL -M R,M 3t -RATE OF PLQr IDN.EW HORN AND ASSOCIATES, INC weenrenl 'ttAIEND VOW wOl RO0011m tea M N PB 23, PO 21 STORMWATFR MANAGEMENT TRACT'L•1P KEY MAF .U. `ATTACHMENT LAKES AT WATERWAY VILLAGE PD - POD 3R PLAT BOOK 6 OT IB BEING A REPLAY OF A PORTION OF TRACT 1, SECTION 21, TOWNSHIP 92 SOUTH, RANGE 30 EAST, INDIAN RIVER FARM$ CO. PLAT OF LAIRS AND PIAN FOR LAND ocn�..eoto _ DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2. PAGE 26. PUBLIC RECORDS OF ST. LUCIE COUNTY, PAGE FLORIVA, NOW BEING IN INDIAN RIVER COUNTY, FLORID k AND A POR ION OF THE NORTHWEST ONE DARTER (NDN. 14) OF SECTION 2; TOWNSHIP 32 SOUTH, RANGE D'qq ^tee m atwoaeTAna ate magnr>,tureeuanr 30 PAST AND A PORTION OF THE SOUTHEAST ONE-0ILIRTER (SE. III) OF SECTION 18, TOWNSHIP 32 SOUTH, RANGE 30 EAST, INDIAN RNOi COUNTY. FLORIDA Or. vq.:rssv... u. n.nnr. u tpx�mrv� rA 104MLY DOCKET NUMBE .A OIfaYY00q{�OIM 'a STORMINATER rRcc rn iamw,� MANAGEMENT mc•c oue•rugrorr TRACT 4 -18' Nsraltvtr � •/Ar r�iw ta•rvrAvr�nv wwr�lliVatb+O•rrw.oR R rpnrV TlnOlYLY PIW tsatxf2 AiAO yrinrl,111e_ OP't•II'YmfTM �1=� 1 .. Y+. YAI••AP rte r1PY Ai r..rs w,x 1 X11' t t f �Y1A1 . \ Pfle�erstr t \' M � \ 6b ® 1 1�� ® �� " \ 1'Qlaafnolr CRIPtq ryrQT 4 9 �P nc IIIOYAmWMnI w�ioa• •�ane�inerwVOWeuanix � IFAS MMAgrertnPtr .now A u u w�traAuott�r ecru rMr l.Od+ / � / J� �J1 sw LEl��B rgoduae �.__�_ twrYAr1JlMdrtAr - r. __.r _ . IPAIIVGOKIeIH _ _� � fltloitAO Lumrr�e ® tTn•eOt ••4•• CMOflAYIrOT1YMIrYfa' • OIq ADRD • p.MM1�Os•hfM01010AY�f TISrl1FAKDRYiN RLPMMM EA DIAL -M R,M 3t -RATE OF PLQr IDN.EW HORN AND ASSOCIATES, INC weenrenl 'ttAIEND VOW wOl RO0011m tea M N PB 23, PO 21 STORMWATFR MANAGEMENT TRACT'L•1P KEY MAF .U. `ATTACHMENT LAKES AT WATERWAY VILLAGE PD -PIAT 2rA P920. POS 2M I LAKES AT WATERWAY VILLAGE PD - POD 3R BEING A REPLAT OF A PORTION OF TRACT 1, SECTION 21, TOWNSHIP 32 SOUTH. RANGE SO EAST, INDIAN RIVER FARIIS CO. MT OF LANDS AND PLAN FOR LAND DRAINA13E AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 26, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA, NOW BEING IN INDIAN RIVER COUNTY. FLORIDA. AND A PORTION OF THE NORTHWEST CN94UAMRL (NW. tk) OF SECTION 22 TOWNSHIP 32 SOUTH• RANGE 39 EAST AND A PORTION OF THE SOUTHEAST ONE-QUARTER (BE. It 4) OF SECTION 19. TOWNSHIP 32 SOUTH. RANGE 39 EAST. INDIAN RIVER COUNTY, FLORIDA I i trs• r •Rtr 'at• �tr MANAGEMENT TRACT 1,13• TRACT UNTSOF 'OSP . �6•� roc\ �® _} .OA• TMS PLAT r rep �.,'AO•' "iy�i. +T r Aar jr / i ' R•dID lbl] 2P1PIi1QD j CIMCA7WN1960fM1 i� � NeemTNPq LBRIS OF r THIS PLAT r' LAKESATWATERWAY ' VILAOEA� T2b1 y TM NIIMIKI L•A IREPAAWIIf. STORMINATRAGTZ NT EA.DE.ErERPAft" rPA7XCWfL0AW (p'OINU KDALEY44OR14 AND ASSOCIATES. INC VEROM Mt11®T 32ND EEAOL FIr0001]>mN u® - �. mm•E.nweDUE .�«.ter °i9 w®e A[e101. D.q — wm uq r� fr� rorrrmmlomwu or�esr cA./Io� • rlr.euAgmw�.m+v owu LRC91>1�1 fTSIBI O .q9 PIgtDEP-9 -1IR9DDIMro■60�C e.acoospa UNTSOF 'OSP . �6•� roc\ �® _} .OA• TMS PLAT r rep �.,'AO•' "iy�i. +T r Aar jr / i ' R•dID lbl] 2P1PIi1QD j CIMCA7WN1960fM1 i� � NeemTNPq LBRIS OF r THIS PLAT r' LAKESATWATERWAY ' VILAOEA� T2b1 y TM NIIMIKI L•A IREPAAWIIf. STORMINATRAGTZ NT EA.DE.ErERPAft" rPA7XCWfL0AW (p'OINU KDALEY44OR14 AND ASSOCIATES. INC VEROM Mt11®T 32ND EEAOL FIr0001]>mN u® - �. mm•E.nweDUE .�«.ter .mnm.aue raioerr uPDumw �,ro mnn ro P — wm uq ureufeu IDMIR ro t � • rorrrmmlomwu or�esr cA./Io� • rlr.euAgmw�.m+v owu LRC91>1�1 A P Gill co .q9 PIgtDEP-9 -1IR9DDIMro■60�C e.acoospa m oa mesRrorr®rnom oAue®Nmr PDIDK�..EMBBP u MlL .ro uce®Ma. NMMDeL DRG.gfAO..OP I6 ro MINeE Ianacur•A�ue roD we ror Ip1TPti0eOWP•NR roNrPEerel�ouNAnrwE Ieeurarml.m�roNr wm aanramaYanr-r ua �.�eu,sr,r,m.o.Pwr AaA� q. An Rc A.Is �.cnra-W aaDN .Ar u e. rwa mwa wsllmwm,rs ea yno. om•rara,.eDoiww CYL NIC WIC Pw ED11Wr,1DIgr4e6RTlICf pAl1'I M0lR WMgNORREANIMII xoAtx ancPrwwr DeaPgDr unn raioerr uPDumw �,ro mnn ro P ureufeu IDMIR ro t � .�° ee'u�D WIDEN -Y IMOV®U tr�ro aqQ ro MTfAA ifN R DIVeOrBlr U-Y>l.1.Y �� ro KEY MAP �L -ATTUR EMT 3 LAKES AT WATERWAY VILLAGE PD - POD 3R BEING A REPLAT OF A PORTION OF TRACT 1. SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST. INDIAN RIVER FARMS CO. PUT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PIAT BOOK 2, PAGE 2S, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORV& NOW BEING IN INDIAN RIVER COUNTY, FLORIDA, AND A PORTION OF THE NORTHWEST ONE-QUARTER (NW.114) OF SECTION 22 TOWNSHIP 32 SOUTH, RANGE 39 EAST AND A PORTION OF THE SOUTHEAST ONE-QUARTER (SE. 114) OF SECTION 14, TOWNSHIP 32 SOUTH, RANGE SS EAST, INDIAN RIVER COUNTY, FLORIDA •eaeciainanwlesN�ee aaaaTYa•n cele LL�QEB�LC MT•0.Vp•Y • IWtiVM! ������..�� sIIYM•ORi1LTl1Y .���� UOMbldMY1C —'�� CNDQYICIUNI � •C:IC•1•C ® �I�IYY•!1 � 1lYYIOOMICIm11•ICLI•w1 ■NwTM • Iv.l.Lwooecnr•mTo i•Luar • IOTaawlel • • am m no mTnlcelMLNwlq owmn•o aonemLwseon�m aoloewalla OP101CfMWIMIIIYDeOY oa Y OM�10 PwLeO CIo1.Cl81M Ma ICM11If•�l LA RL R 0•Imllwi4AMO1 MTMOI 1011lVCYR+YO! ICC R•CV80•Tl•oOCwTOC CC R R Itl1Ip RMd OlC,CIC• MTM•y11b1111CLNNf N CR IOnOMCm M MNI�tt YOYY•Of •>♦,TBiTNdMT KYWIERMlI�LZYCCYOf Ubtw •MIL 118• IOU >d: •CIM CBN!-0FMY •Oehl lYl• R a.Twlr COICCTC'MCO Cr wbap � IOIMMeIY' eOpIdLLTl1Y •W. O lwp •fM•I•lwl•C•eCCNTwYLT Ua waL IRLIIT•YwCb Wt••Nq YO IfnCCOt1O ItlRIHN333'CXPL CYYLT � \ •aTCegT Ty/plO MT t8 INC YCiIA ypylD: C) woY•Lu lGYY11 A :x • • � � e / w a� �• nnma uelrr '+'�� nous .} a YYCYCIIL3 M� R arx Iwton•T M118116J11 NU�RM M11V1 4�YB@N TDMMQ R m KEY MAP —7— LAKES AT WATERWAY VILLAGE PD - POD 3R BEND A REPLAT OF A PORTION OF TRACT 1. SECTION 21, TOWNSWP 32 SOUTH, RANGE 39 EAST, INDIAN ROVER FARMS CO. PLAT OF LANDS AND PLAN FOR LAND DRAINAGE AND ROAD RESERVATIONS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 24 PUBLIC RECORDS OF Sr. LUCIE COUNTY, FLORIDA, NOW BEND IN INDIAN RIVER COUNTY, FLORIDA, ANDA PORTION OF THE NORTHWEST ONECUARTER (NW. 114) OF SECTION 22, TOWNSHIP 32 SOUTH, RANGE 39 EAST AND A PORTION OF THE SOUTHEAST ONE-QUARTER (BE. 1/ 41 OF SECTION 16, TOWNSHIP 32 SOUTH. RANGE 39 EAST, INDIAN ROVER COUNTY, FLORIDA UNPLATTED G1MR16� i eATRUM5QRRLLPI49MMA1: L C QVftf01P.3 .517•.STATR WnQFXA NNLEY4IORN AND ASSOCIATES, INC M•RRRRIREFI,N(n ]W VM MMM 2L R0FW A== one U NPLATTED SEC. 16, TWP. 32 S. ROE 39 E KEY MAP .%'l ugmr 3 I L nwo1. umuecu •u••n mRn IR ANT•NR � '1° b • -. wuAWRxn rwmur PL.....f_ N.E. CORNER Of --. o111f1a•faoRl•le — u•uxuaortuR LIIPLATTED 11EC. 21, iWP. =a RGE. 39 E r Rmawlelur F� /R16A Kl1f L.1LOM FdRO POURED N RACE CONCRETE MOLAL ENT —' �'•°Iw VRTH ALUMINUM DISC STAMPED 1,•0•RN NII,•••p MTRM �Pe11R INOV6C li 'VEtO BEACH SURVEY MARK' I= LB 286 ® uRuaml 16 15 IIIR,MGp•T,Vm1MIMAU! 14 0.82' Nn'4W V R RRNYR® r`. - • IO,RILIVORRRRAIPOlmRInR 21 I 22 lmao••M R••1AliA=Oltn'brMi01A0' �� a1m1A®InI TRACT/ m R•mo SEC. 21.1Y2P. a28., RNO. 39 E at Mr•Re•n•e�r VMGAN RIVAL FARMS CO. PB 2, PO 26 ,11G1•ranl �41'AR®W�f R 1CxRwK OIIOILeR00•••••bt Ir. MT••OR K '¢ emRmarsmwc ImomPawoae:awe T hePOF Itl PLAT Rt A elTm ReY9RlCINwNIi wwRMrrm•IROLroelr P2 RI•• I R 11.1 wsITm MIw1AOlC11 /BYRIAIIR➢PfOLwRMILBR R !1 P)IIm9110LY weRwlsrlleeReLsrsmRert A M•. 111pLw IVfYl UIPIATTP.O NYN N40F Rm R'iw xl SL9;.22. TMP.328, RDE.29 E 1�u we eu mwiP wwRmlwiRrei A1RMR•Y •a•. iaRnul�•oalltRroawiul �rA4�OFOBITIRICT UW apA : •TaMoalla•ueMRrt R�1urNNoae:rrl,mR.1r rL9•Rq`A1R LCYRGRj �XWOM KEY MAP .%'l ugmr 3 nwo1. umuecu •u••n mRn IR MTc Ino uau 1GIIR A '1° b • j � • KI/ F� /R16A Kl1f L.1LOM IM\9.911 pl°L01@If 1,•0•RN NII,•••p MTRM �Pe11R INOV6C li RY•l RP AIN R m11YQ A KEY MAP .%'l ugmr 3 P56 Lakes At Waterway Village PD — Pod 311 CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS NO. PD -1E-03-02 (2004010124-78246) THIS CONTRACT, made and entered into this 1 p+-, day of May , 2017 by and between DIVOSTA HOMES, L.P., a Delaware limited partnership, owner of the property being platted as Lakes At Waterway Village PD — Pod 3R, -hereinafter referred to as "Developer," and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County". WITNESSETH: WHEREAS, Developer is commencing proceedings to effect a subdivision of land within Indian River County, Florida; and WHEREAS, a final plat of the subdivision within the unincorporated area of Indian River County shall not be recorded until the Developer has installed the required improvements or has guaranteed to the satisfaction of the County that such improvements will be installed; and WHEREAS, Developer requests the approval and recordation of a certain plat to be known as Lakes At Waterway Village PD — Pod 3R; and WHEREAS, the required improvements are to be installed after recordation of this plat under guarantees posted with the County. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as followss: 1. Developer agrees to construct on or before May 23, 2018, in a good and workmanlike manner, those Improvements described as follows: See Exhibit "A" attached hereto or otherwise required by the Indian River County Code in connection with the approval. of said plat. A copy of the plat shall be recorded in the Public Records of Indian. River County, Florida upon the final approval of the Board of County Commissioners and made a part hereof for all purposes. 2. Developer agrees to construct said improvements strictly in accordance with the land development permit, the most recent set of plans and specifications for this subdivision approved by the County and on file in the Planning Ayawimw 4 P57 and Development Division, and all County development regulations and standards, including conditions and requirements of any applicable County right-of-way permit all of which are hereby incorporated by reference and made a part hereof. 3. In order to guarantee performance of this contract, Developer shall simultaneously herewith furnish an irrevocable letter of credit, having an expiration date of not less than ninety (90) days beyond the date set forth in Paragraph 1, provided by a banking Institution authorized to transact such business in this state, in a form to be approved by the County, naming Developer as customer and t1J�w, __Eat2brn , as the underwriting bank, in the amount of $447,439.71, which amount is not less than one hundred twenty -fire percent (125%) of the estimated total cost of improvements remaining to be constructed, as determined in accordance with the County`s Subdivision and Platting Ordinance. It is understood that the full amount of the letter of credit shall remain available to the County and shall not be reduced during the course of construction. Developer may at any time substitute guarantees, subject to the approval as to form and amount by the County. 4. Up to $1,000,000.00, or the limits of any applicable underlying or excess insurance coverage carried by Developer or to be obtained during the course of the construction of the subdivision improvements, Developer agrees to indemnify, hold harmless, and defend the County against any and all claims, damages, losses, and expenses, including attomey's fees, for property damage, personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the Developer, its officers, employees, agents, or contractors. subcontractors, laborers, or suppliers, relating to the construction of the required improvements, including all those improvements to be constructed on existing publicly dedicated or County -owned property, such as street, sidewalk, bikepath, lighting, signalization, traffic control, drainage, water, or sewer improvements, S. The County agrees to approve the plat for recordation in the Public Records of Indian River County, Florida upon a finding as to compliance with all applicable provisions of the County"s Subdivision and Platting Ordinance and upon execution hereof, The County shall accept those areas specifically dedicated to the County for the purposes indicated on the plat at the time of plat recordation. However, nothing herein shall be construed as creating an obligation upon the County to perform any act of construction or maintenance within such dedicated areas until such time as the required Improvements are satisfactorily completed. Developer shall remain responsible for utility meter boxes, sewer clean outs, and drainage culvert Inverts, to be in good repair, accessible, correctly plumbed, and not covered with topsoil, concrete or impervious material for the 1 -year maintenance period commencing after County issuance of a Certificate of Completion. Notice of this ongoing responsibility shall be provided by Developer to any subsequent builder/homeowner. Anwimgw 4 P58 Satisfactory completion in accordance with the land development permit, plans, specifications, and ordinance .requirements of Indian River County shall be determined by the County and shall be indicated by specific written approval of the Public Woitcs Director or his designated representative, after receipt of a signed and sealed Certificate of Completion from the project engineer of record. Once the required improvements are completed to the satisfaction of County, Developer acknowledges that Developer is responsible for posting a 1 -year warranty for road and drainage improvements as well as utility facilities, if applicable, in the amount of 25% of the costs of such improvements; and that appropriate warranty agreement and bill(s) of sale will need to be entered into. The funds posted under this Contract for Construction of Required Improvements will not be released until the applicable 1 -year warranty postings and appropriate warranty agreement and bill(s) of sale are in place. 6. In the event the Developer shall fail or neglect to fulfill its obligations under this contract and as required by the Indian River County Code, the Developer, as principal. and the letter of credit (or any County approved substituted guarantees) shall be jointly and severalty liable to pay for the cost of construction and installment of the required improvements and warranty to the final total cost, including but not limited to engineering, construction, legal and contingent costs, including reasonable attorney's fees incurred by the County, together with any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to carry out and execute all provisions of this contract and applicable ordinances of the County. In no event, however shall the liability of the underwriting bank (or any County approved substituted guarantees) under this paragraph exceed the total amount of the original obligation stated in the letter of credit (or any County approved substituted guarantees). 7. The parties agree that the County at its option shall have the right, but not the obligation, to construct and install or, pursuant to receipt of competitive bids, cause to be constructed and installed the required improvements in the event Developer shall fail or refuse to do so in accordance with the terms of this contract. Developer expressly agrees that the County may demand and draw upon the existing letter of credit (or any County approved substituted guarantees) for the final total cost of the improvements and warranty. Developer shall remain wholly liable for any resulting deficiency, should the letter of credit (or any County approved substituted guarantees) be exhausted prior to completion of the required improvements. In no event shall the County be obligated to expend public funds, or any funds other than those provided by the Developer, or the underwriting bank (or any County approved substituted guarantees) to construct and warranty the required improvements. Developer hereby gives permission to County, County's contractors and subcontractors to go on its property, known as proposed Lakes At Waterway Village PD — Pod 3R, for purposes of completing the required improvements. If any portion of the property is sold by Developer, Developer acknowledges that the granting of this permission will be preserved and recited in any document transferring title to Developer's successor and/or assigns. P59 8. Any letter of credit (or any County approved substituted guarantees) provided to the County by Developer with respect to this contract shall exist solely for the use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any subcontractor, laborer, materialman or other party providing labor, material, supplies, or services for construction of the required improvements, or to benefit any lot purchaser(s), unless the County shall agree otherwise in writing. 9. This agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion, or understanding, whether written or oral, except as specifically mentioned herein. This agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. • , .Y�1rlifi ` APPROVEb AS. TO FORM AIS -.L S BY VSPUtTY COUNTY A ARNey DIVOSTA HOMES, L.P., a Delaware limited partnership By DNOSTA HOMES HOLDINGS, LLC, a Delaware limited liability company, its General Partner By J Brent Baker, Division President RED By. '1. Authority: Resolution No. 2005-121 COUNTY projected BCG plat approval date: May 23, 2017 AlryAcHurmy 0 f7:u+7 EXHIBIT "A" Subdivision Performance Bond Estimate For the Lakes at Waterway Village Plat 311 P61 STORM DRAINAGE EARTHWORK DESCRIPTION DESCRIPTION QUANTITY UNIT DESCRIPTION QUANTITY UNIT INCOMPLETE UNIT COST 4,200 TOTAL $ 750 COMPLETE INCOMPLETE MOBILVATION 1 LS $ 25,000.00 $ 75AMDD $ 25,00000 $ MOBILMF.TION EMOBILJZATION 1 IS 4XSW40 15 40 $ 15 00040 $ S 220 $ 15 00 NPDES 1 LS $ 25 000.00 $ 25 000.00 $ 22,8DD40 S 2,500.00 CLEARING&GRUBBING 201 AC $ 2,500M S 50,000.00 $ 50100040 $ POND AND SITE EXCAVATION =1000 CY $ 2.20 $ 275 00040 $ 247,500.00 $ 27 00.00 FINALSTTE GRADING 33,700 SY $ 7,920.60 OSO $ 16,850.00 $ 15 36540 $ 1,695.00 PAP STABILIZATION (SEED) 62,500 SY $ 0.40 $ 25 000.00 $ 22 SODAO $ 2,500.0fi DOC STABAWATION SOD 7,560 SF $ 0.20 $ 1,532.00 $ 1,36nM S 151.20 LAKE BANK STABILIZATION (SOD) (6,000' LF x 30' WIDTH) IW,000 TOTAL SF $ 020 $ $ 361000.00 469,860.00 $ 1S 32,40D40 416A25.M $ 31600.00 $ 5$936.20 P61 STORM DRAINAGE ROADWAY DESCRIPTION DESCRIPTION QUANTITY UNIT UNITCOST TOTAL Comm INCOMPLETE 11/4' ASPHALT MRST COURSE 4,200 SY $ 750 S 31,500.00 $ 28,3.50.00 $ 3150.00 1"ASHPHALT RNALCOURS $ 224AO SY $ 640 $ 25,20040 $ $ 25,200M 6" ROCK BASE 4,200 SY 11.00 46,2W,00 4XSW40 $ 4.0m.00 12' SUBGRADE 4= SY S 220 $ 9,240.00 S 8,:1640 S 92400 2' VALLEY GUTTER 3,78D I LF IS 11.00 $ 41,5150-00 $ 37,42240 $ 41W-Wi CONCRETE SIDEWALK COMMON AREA 100 SY $ 40.00 84 000.00 $ 7S 60040 8,400=1 SIDEWALK STABILIZATION (2' SOD) 8,000 SF $ 0201S 1,600.00 S 1AA, W $ 160 OD SIGNAGE AND STRIPING 11 TOTAL LS $ 2100.00 1 $ 2,000.00 $ 241131040 S 1,80040 $ 194 5(R.M S 20000 $ 46,B32A0 P61 STORM DRAINAGE DESCRIPTION DESCRIPTION QUANTITY UNIT UNIT COST COMPLETE TOTAL COMPLETE INCOMPLETE 18' RCP 66 a 5 34.00 S 2,244.00 $ 2.9040 $ 224AO 24' CAP 54 LF S Sim $ 2,754.00 $ 2,478.60 S 27SAO 24' RCP 537 LF $ 50.00 $ 26)M.00 $ 24,165M $ 2,05.00 36' RCP 390 LF $ 83.00 $ 3Z370.00 $ 2913340 $ 3,237.00 36' CAP 37 LF I$ 88.00 $ 3 i.% 40 2,930.411 $ 32,5.60 CONCRETE COLLARS 5 EA $ 3,000.00 $ 7 .DO 15 000.00 $ 131rm DO $ 1,5M.00 CATCH BASINS I STORM MANHOLES S EA $ 4,000,00 $ 32,000.00 $ 78,800.00 $ 3,200.00 LF TOTAL $ 7,920.60 $ 7,12854 $ 114,474.00 $ 20.026.60 $ LIA47AD P61 SANITARYSEWER SYSTEM DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COMPLETE INCOMPLETE 8' PVC JSDR 64' CUT 238 LF $ 2440 $ 5,712.00 $ 5140.80 $ 57120 8' PVC SDR 26) 8-1D' CUT 1,096 LF $ 32,00 $ 35 $ 31.S64730 $ 3 .20 8' PVC (SDR 26)10-lz CUT 508 LF $ 36.00 $ 18,288.00 $ 16,45920 $ I,B28.80 ' DIA. MANHOLE 5.8' DEEP 2 EA $ 4,390.00 S 8,780.06 $ 7,90240 $ 878.00 ' DW. MANHOLE 8.10' DEEP a FA 6 40 25 20.OD S 2Z789.00, $ 2,532.00 'DLA. MANHOLE 10-12' DEEP 4 EA $ 7 086.00 $ 28 320.00 $ 25 40 $ 2832 00 SINGLE SERVICE W CLEANOUT 14 EA 1 $ SM.00 $ 7 .DO $ 7,056.130 $ 784.00 DOUBLE SERVICE W/ CLEANOUT 371 EA IS 6417 06 $ A680.00 $ 2:431240 S 2,36B. ONES 1,842 I LF $ 4.30 $ 7,920.60 $ 7,12854 $ 79 TOTAL $ 165,932.60 $ 144.839.34 S 16,083 P61 ��r 43RD AVE PERIMETER BERM LANDSCAPE BUFFER ON In POTABLE WATER SYSTEM DESCRIPTKIN mm QUANTTIY DESCRLP7WK 8" C -M WATERMAIN QUANTITY 2,034 UNIT LF $ UNIT COSI 2LOO S TOTAL 42,714.00 COMPLETE S 3$442.60 INCOMPLETE $ 4,271AD 8" GV 2 EA $ 1,880.00 $ 3,76D 00 $ 3,384.00 $ 376AO FIRE HYDRANT ASSEMBLY 3 EA $ 3,97D,00 12 3.4910-00 10711.00 $ 1129LOO SAMPLE POINTS 31 EA S S10.00 I S 11530M $ 1,377.00 $ 153.00 DOUBLE WATER SERVICE (Y) 44 EA 45 1,610.00 $ 70,840.00 $ 63,756.00 $ 7AB4.00 FILL & FLUSH ASSEMBLY i FA $ 90.00 S i 00 1,2SIM 139.00 FITTINGS BENDS 1 LS S 14 .00 $ SO 000.00 S gAmm S UK00 CONNEiTTO EXIST. WATERMAIN 2 LS $ 750.00 $ 150000 $ pmoo $ ISO OD TESTING 1 LS $ i 00 $ 2510.00 $ 2,259.00 $ 251 $ TOTAL S 9,950.00 $ $ =h - $ 146,154.00 $ 131,53660 $ 14,615.40 ��r �WHOENT 4 P62 43RD AVE PERIMETER BERM LANDSCAPE BUFFER ON In DESCRIPTKIN mm QUANTTIY UNIT UNKOOST TOTAL COMPLETE INCOMPLETE APENESE BLUEBERRY 8 EA $ 340.00 $ 2,720.00 $ - $ 2,72DM AUPON HOLLY 25 EA $ 30000 $ 7 .01) $ S 7 .00 SOUTHERN MAGNOLIA 12 EA $ 350.00 $ 4,2WM $ $ 4,7MM SOUTH FLORIDA SLASH PINE 12'-14' 21 EA $ 28000 $ SAW -00 s S3110.00 SOUTH FLORIDA SLASH PINE (5'-v) 45 EA S 150.00 S 6,750.00 $ $ 6 750.00 SYCAMORE 4 EA IS 330.00 5 L320M $ $ 1,320,OD LIVE OAK 12'-14' 12 EA $ 403.00 $ 4,86D= S - $ 4,860.00 SABAL PALM W -18'j 3S EA $ 160.00 $ 5,600,00 S S 560000 SHRUBS/GMUNDCOVERS BEEN ISLAND FICUS 258 EA COCOPLUM 332 EA $ 30.00 S 9,950.00 $ $ 91mm AMERICAN BEAUTYBERRY 700 EA SMALL LEAF CLUSLA 350 $ ;Am.00 $ 2 SOHO SMALL LEAF CLI M ?SS EA $ 85.00 $ 21675.00 $ - S 2167500 DWAR FIRE BUSH L397 I EA $ 5.00 S 6X5,00 S - $ 6 -MM DWARF YAUPON HOLLY IA34 EA $ 315 S 4660.50 $ $ 4,650.M SO GRASS 743 EA $ 6.75 $ 5,015.25 $ $ 5101525 SHORT LEAF WILD COFEE 323 EA $ 7.12 S 2,299.76 $ 2 .76 SAW PALMETTO 357 EA $ 15.00 5,355.00 $ $ 5,355.00 FAKAHATCHEE GRASS 412 EA $ 6.75 $ 2 781.00 $ - $ 278100 DWARF VARIEGATED SCHEFFLERA 96 EA $ 4,00 5 384.00 $ 5 38400 COONTIE 269 EA S 8.00 $ Z,152.00 $ 215200 SOD 100,000 SF $ 0.20 S 20AXIO.00 $ $ 20,000 MULCH 300 CY S 35.00 $ 10 00.00 $ S 50,50000 PERIMETER IRRIGATION 1 LS Is 60,00000 $ 60 .00 $ $ 60,00000 TOTAL 1 $ 193,047.51 IS - $ 193,04751 �WHOENT 4 P62 COMMON AREA AND LAKESHDRE LANDSCAPING DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COMPLETE INCOMPLETE APENESE BLUEBERRY 12 EA 340.00 $ 4 .00 $ 4,00000 $ UVE OAK (12'-14') 121 EA $ 40500 $ 49,410-00 $ 49,410-0 S - LIVE OAK (20') 4 EA $ .00 $ 6 .00 $ 6AWM $ CABBAGE PALM 10'-20'j 32 EA S 30D.00 $ 916M.00 S 91500.00 $ BALD CYPRESS tr-81 202 EA $ 125.00 $ 25,250.00 $ 2F. 50 00 $ BALD CYPRESS (121 52 EA $ 250 OD $ 13,000.00 $ 13 .00 S - JAPANESE PRIVET 14 EA S 150.00 S 2100.01) $ 2.140.00 S SOUTHERN MAGNOLIA 4 EA $ .350.00 $ IAW.OD $ 400.01) $ SHRUBS/GROUMNMMRS BEEN ISLAND FICUS 258 EA 3.00 $ 804.00 $ BKOD DWARF VARIEGATED SQIEFFLERA 63 EA 400 252.00 $ 252.OD $ SMALL LEAF CLUSLA 761 EA 85 00 6AW.OD $ 6A6(%W S DWARF YAUPON HOLLY 5431 EA 1 $ 7.85 $ 4,262.55 $ 4 6255 SAND CORDGRASS 1.,W j EA 1 $ 6.75 $ 3%345.00 S 33.34500 $ TOTAL $ 155,963.55 $ 155,969.55 $ - �WHOENT 4 P62 I DESODPnoN I 4uANTI1Y I uNR I uMTwa I TOM I COMPLETE I MCOMPIEiE I TOTALS s 1-%U.298.66 1 $ $ 957,95L77 % OF TOTAL COMPELTE 77.07% 22"1 PROPOSED BOND AMOUNT 1125%) $ 447AM71 ATTACHMENT 4 P63 Irrevocable Standby Letter Of Credit Number: 150504077U Issue Date : May 8, 2017 BENEFICIARY APPLICANT INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 1801 27TH STREET VERO BEACH, FLORIDA 32960 LETTER OF CREDIT ISSUE AMOUNT LADIES AND GENTLEMEN: Wells Fargo Bank, NJL U.S. Trade services Standby Letters of Credit 794 Davis Street, 2nd Floor MACA028.9-D2& San Le.sndro, CA 94,;77-6922 Phone: i(Soo) 798-2815 Option 2 &Mail: sftde@we[Waw.com PULTEGROUP, INC. ON BEHALF OF DIVOSTA HOMES, L.P. 4400 PGA BOULEVARD, SUITE 700 PALM BEACH GARDENS, FLORIDA 33410 USD 447,439.71 EXPIRY DATE AUGUST 23, 2018 BY ORDER OF PULTEGROUP, INC. ON BEHALF OF DIVOSTA HOMES, L.P., A DELAWARE LIMITED PARTNERSHIP, WELLS FARGO BANK, N.A. HEREBY ESTABLISHES AN IRREVOCABLE LETTER OF CREDIT NO. IS0504077U IN YOUR FAVOR IN THE AMOUNT OF U.S. $447,439.71 EFFECTIVE AS OF MAY 8, 2017, AND EXPIRING AT OUR OFFICE AT THE CLOSE OF BUSINESS ON AUGUST23, 2018. WE HAVE BEEN INFORMED THIS LETTER OF CREDIT IS PROVIDED TO YOU AS REQUIRED UNDER THE CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS BETWEEN DIVOSTA HOMES, L.P. AND INDIAN RIVER COUNTY RELATING TO LAKES AT WATERWAY VILLAGE PD - POD 3R WHICH THE CONTRACT IS NUMBERED PD -16-03-02 (2004010124-78246). WELLS FARGO BANK, N.A. SHALL MAKE FUNDS AVAILABLE UNDER THIS CREDIT TO YOU NOT EXCEEDING IN THE AGGREGATE THE AMOUNT OF THIS CREDIT AGAINST YOUR SIGHT DRAFT TO US MENTIONING THIS LETTER OF CREDR' NO. IS0504077U, ACCOMPANIED BY A LETTER FROM THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, WITH APPROVAL SIGNATURES OF THE COUNTY_ ATTORNEY OR HIS DESIGNEE, AND THE DIRECTOR OF OFFICE OF MANAGEMENT AND BUDGET OR HIS DESIGNEE, STATING THAT DIVOSTA HOMES, L.P. HAS DEFAULTED UNDER THE TERMS OF THE AFOREMENTIONED CONTRACT FOR CONSTRUCTION OF REQUIRED IMPROVEMENTS, AND THAT THE AMOUNT OF THE DRAFT REPRESENTS THE AMOUNT REQUIRED BY THE COUNTY TO FULFILL THE PERFORMANCE OF SAID CONTRACT FOR THE CONSTRUCTION OF R0U1RED IMPROVEMENTS. DRAFTS PRESENTED FOR PAYMENT UNDER THE CREDIT SHALL BE MARKED, "DRAWN ON IRREVOCABLE LETTER OF CREDIT NO. IS0504077U OF WELLS FARGO BANK, NA." THIS LETTER OF. CREDIT SETS FORTH IN FULL THE TERMS OF OUR UNDERTAKING. SUCH UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED, AMENDED, OR AMPLIFIED BY REFERENCE TO ANY DOCUMENT, INSTRUMENT, OR CONTRACT REFERRED TO HEREIN OR IN:WHICH THIS LETTER OF CREDIT IS REFERRED TO OR TO WHICH THIS LETTER OF CREDIT RELATES AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT, OR CONTRACT. 7bgethwwell gofar Page 1 of 2 Each page of this document Is an Integral part of this Irrevocable Standby Letter of Credit Number IS05O407711111 ATTA HRIOT 4 P64 WE HEREBY AGREE WITH YOU THAT YOUR SIGHT DRAFTS) AND LETTER AS MENTIONED ABOVE SHALL BE DULY HONORED AND PAYMENT MADE UPON DUE PRESENTATION AT OUR OFFICE LOCATED ATTHE ABOVE ADDRESS OR BY FACSIMILE TRANSMISSION SPECIFIED BELOW ON OR BEFORE THE ABOVE STATED EXPIRY DATE, OR ANY EXTENDED EXPIRY DATE IF APPLICABLE. PRESENTATION OF DRAWING DOCUMENTS IN COMPLIANCE WITH THIS LETTER OF CREDIT SHALL BE PRESENTED AT OUR OFFICE AT 794 DAVIS STREET, 2ND FLOOR, MAIL CODE A0283-023, SAN LEANDRO, CA 94577-6922, ATTENTION: STANDBY LETTER OF CREDIT DEPT. ON OR BEFORE THE EXPIRATION DATE. ALTERNATIVELY, DRAWINGS MAY ALSO BE PRESENTED TO US BY FACSIMILE TRANSMISSION TO FACSIMILE NUMBER 336-735-0952 (EACH SUCH DRAWING, A "FAX DRAWING'; PROVIDED, HOWEVER, THAT FAX DRAWING WILL NOT BE EFFECTIVELY PRESENTED UNTIL'YOU CONFIRM BY TELEPHONE OUR RECEIPT OF SUCH FAX DRAWING BY CALLING US AT TELEPHONE NUMBER 1-800-798-2815 OPTION 1. IF YOU PRESENT A FAX DRAWING UNDER THIS LETTER OF CREDIT YOU DO NOT NEED TO PRESENT THE ORIGINAL OF ANY DRAWING DOCUMENTS, AND IF WE RECEIVE ANY SUCH ORIGINAL DRAWING DOCUMENTS THEY WILL NOT BE EXAMINED BY US. IN THE EVENT OF A FULL OR FINAL DRAWING THE ORIGINAL STANDBY LETTER OF CREDIT MUST BE RETURNED TO US BY OVERNIGHT COURIER ANY CHANGE IN FAX NUMBER, PHONE NUMBER, OR ADDRESS AFFECTING PRESENTATION, MUST BE PROVIDED IMMEDIATELY IN WRITING TO THE ATTENTION OF OFFICE OF MANAGEMENT AND BUDGET, AT BENEFICIARY'S ADDRESS. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THIS CREDIT IS SUBJECTTO AND GOVERNED BY THE LAWS OF THE STATE OF FLORIDA AND THE INTERNATIONAL STANDBY PRACTICE 1998 INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 590 (ISP98) AND, IN THE EVENT OF ANY CONFLICT, THE JURISDICTION IS IN FLORIDA, AND THE LAWS OF THE STATE OF FLORIDA WILL CONTROL. Very Truly Yours,. WELLS FARGO BANK, N.A. AuthoilzbId Signoture The origiiiol of the Letter of Credit contains an embossedseal over the Authorized Signature. Please direct any written correspondence or inquiries regarding this Letter of Credit, always quoting our reference number, to Wells Fairgo Bank, National Association, Attn: US. Standby Trade Services at either 794 Davis Street 2nd Floor MAC A0283-023, San Leandro, CA 94577-6922 or 401 N. Research Pkwy, l st Floor MAC D4004-017, WINSTON-SALEM, NC 27101-4157 Phone inquiries regarding this credit should be directed to our Standby Customer Connection Professionals 1-800-798-2815 Option 1 1-800-776-3862 Option 2 (Hours of Operation: 8.00 a.m. PT to 5:00 p.m. PT) (Hours of Operation: 8:00 a.m. EST to 5:30 p.m. EST) Page 2 of 2 Each page of this multipage document Is an integral part of this irrevocable Standby letter of Credit Number IS0504077UH Together we'll go far P65 NO CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: May 12, 2017 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Recommended Selection of Consultants for RFQ 2017048 — Engineering Consulting Services for Landfill BACKGROUND: On behalf of the Solid Waste Disposal District (SWDD) and in accordance with FS 287.055, Requests for Qualifications (RFQs) were solicited for professional consulting engineering services for planned projects at the landfill, including cell closure and new cell design. RFQ RESULTS: Advertising Date: March 19, 2017 RFQ Opening Date: April 7, 2017 at 2:00 pm DemandStar Broadcast to: 645 Subscribers RFQ Documents Requested by: 35 Firms Replies: 4 Firms ANALYSIS: A selection committee comprised of Himanshu Mehta, P.E., SWDD Managing Director, Vincent Burke, P.E., Director of Utility Services and Michael Smykowski, Budget Director independently evaluated and scored the received statements of qualifications in accordance with FS 287.055 and the County Purchasing Manual. These scores were compiled by the committee and an overall ranking of the submittals developed. The top three ranked firms were invited to participate in phone interviews. After the interviews, the committee members again independently ranked the firms and a committee ranking was compiled. The final rankine established by the committee is - Proposing Firm Location 1. CDM Smith Vero Beach 2. GeoSyntec Jacksonville 3. Cornerstone Environmental Orlando 4. 1 CBI Winter Garden P66 CONSENT AGENDA FUNDING: Funding for this work is budgeted and available in the Engineering Services account number (41121734-033130), which is funded from SWDD assessments and user fees. The account has a total budget of $615,000 for the 2016/2017 fiscal year. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking and authorize negotiations with the top ranked firm (and the subsequently ranked firms, should negotiations with any higher ranked firms fail) in accordance with FS 287.055, Consultant's Competitive Negotiation Act. P67 UQ INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: May 25, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: John M. Boyer, P.E., Utilities Engineer Subject: Approval of Work Authorization No. 2017-006 to Replace Water Service Laterals in Pelican Pointe DESCRIPTIONS AND CONDITIONS: The water distribution system in Pelican Pointe has been in service for approximately thirty-four (34) years. Over the past five years, the Indian River County Department of Utilities Services (IRCDUS) has been called to Pelican Pointe for emergency repairs to various water laterals between the main and the meter box. IRCDUS operations personnel have recommended replacing the water service laterals in order to minimize potential future interruption of water service to our customers in this area. ANALYSIS: Staff decided the most efficient and timely method to replace water service laterals in the subject community was to utilize the IRCDUS labor contractor, Blue Goose Construction. A list of the anticipated labor and materials quantities was prepared and bid prices from the Blue Goose Construction contract was used to calculate the labor expense. The total material cost was based on unit prices derived from the Annual Contract for Utility Warehouse Stock. Construction cost breaks down as follows (see Attachment 1): Labor Expense: $ 70,809.75 Materials: $ 40,424.70 ' Total Construction Cost: $ 111,234.45 FUNDING: Funding for this project is derived from the R&R budget in the Operating fund. The Operating fund budget is derived from water and sewer sales. ACCOUNT NAME ACCOUNT NUMBER AMOUNT Pelican Pointe Water Line Replacement 1 471-169000-17519 $ 111,234.45 P68 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve and authorize the Chairman to sign Work Authorization No. 2017-006 for Blue Goose Construction to replace the water services in Pelican Pointe for the labor amount of $70,809.75, and also requests that the Board of County Commissioners authorize the direct purchase of materials totaling $40,424.70. ATTACHMENT(s): 1. Cost Estimate — Labor & Material 2. Work Authorization No. 2017-006 C:\Users\GRANIC-1\App Data\Local\Temp\BCL Tech no logies\easyPD F 7\@BCL@F40433DC\@BCL@F40433DC.docx P69 Indian River County Department of Utilities ATTACHMENT 1- LABOR AND MATERIAL COST Project: Pelican Pointe - WATER SERVICE LATERAL REPLACEMENT Date:. Mav2S.2017 TOTAL PROJECT COST $111,234.45 P70 LABOR COSTS MATERIAL COSTS (IRC Direct Purchase) Bid Bid Item Estimated Unit of Labor Unit Total Labor Material Unit Total Material Item No. Description Quantity Measure Price Price Price Price Ola Install 2" PE Service Line 800 LF $4.80 $3,840.00 $5.65 $4,520.00 18a (mod) Install Water Service: Single Short (Multi•Family- Pipe '& Fittings Only) 124 EA. $300.00 $37,200.00 $126.00 $15,624.00 18d Install Water Service Double Short (Pipe & Fittings Only) 3 EA. $350.00 $1,050.00 $212.20 $636.60 18g Install Water Service Single Long (Pipe &Fittings Only) 4 EA. $425.00 $1,700.00 $170.50 $682.00 18J Install Water Service Double Long (Pipe & Fittings Only) 2 EA. $425.00 $850.00 $480.70 $961.40 181 Install 2" service casing 3 EA. $400.00 $1,200.00 $2.75 $8.25 19a (mod) Install 2" RS Gate Valve w/ Box 21 EA. $8S.00 $1,785.00 $225.00 $4,725.00 23 Test Holes / Potholes 31 EA. $250.00 $7,750.00 $0.00 67a Install Asphalt Cement Replacement over full trench width including Base & Sub -grade Compacted to County Specifications 25 TON $44.00 $1,100.00 $80.00 $2,000.00 80a Install 4" Sidewalk 200 SF $2.25 $450.00 $6.25 $1,250.00 86a Lawn Restoration (Topsoil & Sod) up to 12' Wide 800 SY $2.2S $1,800.00 $4.10 $3,280.00 91 Mobilization, Demobilization, MOT (based on 10% of Labor): l LS $5,647.50 $5,647.50 Subtotals: Labor: $64,372.50 Material: $33,687.25 Contingency: 10% $6,437.25 20% $6,737.45 Totals: Labor Cost $70,809.75 Materials $40,424.70 TOTAL PROJECT COST $111,234.45 P70 ATTACHMENT 2 NVORK AUTHORIZATION DIRECTIVE No. 2017-006 Pelican Pointe Water Service 'Lateral Replacement BLUE GOOSE CONSTRUCTION DATE OF ISSUANCE: May 24, 2017 EFFECTIVE DATE: June 6, 2017 OWNER: Indian River County CONTRACTOR: Blue Goose Construction _ CONTRACT: WATER,.SEWER AND RECLAIM -WATER_ LINE REPLACEMENT_/.EXTENSIONS AND MISCELIANEOUS.LABOR CONTRACT BID NO. 2015001, AWARDED September 9; 2014 PROJECT: Pelican'Pointe Water Service Lateral Replacement COUNTY UTILITY PROJECT NO.: UCP #N/A CONTRACTOR'S PROJECT NO.: N/A COUNTY WIP. No. 471-169000=17519 You are directed to proceed promptly with the following work: Description: Construct new water service laterals between existing water main and meter boxes. Attachments: Attachment 1 lod of determining Contract Price: Unit Prices: Bid Items as established pursuant to Bid No. 2015001, and awarded by the Board of County Commissioners on September 9, 2014 to Blue Goose Construction, Inc. 0 LumpSum ❑ Cost of the Work The Cost of Labor, Contingency and Contract Time Is summarized below: Labor Cost (rounded) _ $70,809.75 Estimated 90 days from NTP Contract Time: ACCE By: Blue Goose Construction Labor Contracto Date: �— ge)_�� RECOM DED: B. j John M. Boy r, P.E. Utilities Engineer Date:14lJ;el APPROVED: By: COUNTY, CHAIRMAN Joseph E. Flescher Date: r: lUtiliticAUTILITY . EnginecringTrojects - Utility Construction PennitsIRC - Pelican Pointe WS Replaceinent•4134\Admin\Agenda ItcinWork Authorization No. 20I7dlb6.doc P71 Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: May 26, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Easement and Agreement for FPL Underground Distribution Facilities for Well No. 7 at South County RO Plant (SCRO) BACKGROUND Indian River County Department of Utility Services (IRCDUS) owns and operates six (6) Floridan supply wells that are the raw water supply and source water for the SCRO water treatment facility located on Oslo Road. These wells, designated S-1 through S-6, are the lifeblood of the treatment facility, and maintaining efficient operation of these well fields is critical to the sustainability of the water system. On July 12, 2016, the Indian River County Board of County Commissioners (BCC) approved the award of Bid No. 2016031 to All Webbs Enterprises, Inc. for the rehabilitation of existing wells S-3, S-4, S-5 and S-6, restoring capacity and reliability of the raw water supply wells to the water treatment plant, and to construct a new well S-7. As part of the construction of the new well, electrical power must be supplied. Electrical powerwill be supplied by Florida Power and Light Company (FPL) via the installation of underground distribution facilities. ANALYSIS In order for FPL to perform the work on county property, the county must provide FPL with an underground easement, enter into an Underground Distribution Facilities Installment Agreement, and contribute $3,667 towards the construction to cover the differential cost between an underground and an overhead system. The contribution of $3,667 has already been satisfied. Presented herewith for consideration are both the Underground Distribution Facilities Installment Agreement and the Underground Easement. FUNDING Funds for this project are available in the capital account within the operating fund. The operating fund is derived from water and sewer sales. The $3,667 has already been expended. _ Description Account Number Amount South Cty R/O Wells 4 & 7 1 471-169000-14506 $3,667.00 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Underground Distribution Facilities Installment Agreement and the Underground Easement, and authorize the Chairman to execute both. LIST OF ATTACHMENTS: 1. Underground Distribution Facilities Installment Agreement 2. Underground Easement C:\Users\GRAN IC-1\AppData\Local\Temp\BCL Tech no logies\ea syPD F 7\@BCL@3C05741A\@BCL@3C05741A.docx P72 FPL UNDERGROUND DISTRIBUTION FACILITIES INSTALLATION AGREEMENT WR# 6692595 This Agreement, made this _ day of . by and between INDIAN RIVER COUNTY BOCC (hereinafter called the Customer) and FLORIDA POWER & LIGHT COMPANY, a corporation organized and existing under the laws of the State of Florida (hereinafter called FPL). WITNESSETH: Whereas; the Customer has applied to FPL for underground distribution facilities to be installed on Customer's property known as SOUTH COUNTY R/0 PLANT WELL#7 located in VERO BEACH - INDIAN RIVER COUTY. (City/County) That for and in consideration of the covenants and agreements herein set forth, the parties hereto covenant and agree as follows: 1. The Customer shall pay FPL a Contribution in Aid of Construction of $3667.00 (the. total Contribution) to cover the differential cost between an underground and an overhead system. This is based on the currently effective tariff filed with the Florida Public Service Commission by FPL and is more particularly described on Exhibit A attached hereto. 2. That a credit of $-0- shall be provided to the Customer for trenching, backfilling, installation of Company provided conduit and other work, as shown on Exhibit B, If applicable, and approved by FPL. If such credit applies,. the resulting Contribution cash payment shall be $3,667.00. 3. The contribution and credit are subject to adjustment when FPUs tariff is revised by the Florida Public Service Commission and the Customer has requested FPL to delay FPL's scheduled date of installation. Any additional costs caused by a Customer's change in the Customers plans submitted to FPL on which the contribution was based shall be paid for by the Customer. The contribution does not include the cost of conversion of any existing overhead lines to underground or the relocation of any existing overhead or underground facilities to serve the property identified above. 4. That the Contribution provides for 277/480V volt, THREE phase (120/240 volt, single phase for URD Subdivisions) underground electrical service with facilities located on private property in easements as required by FPL. The contribution is based on employment of rapid production techniques and cooperation to eliminate conflicts with other utilities. Underground servicei secondary, and primary conductors are to be of standard FPL design, in conduit, and with above -grade appurtenances. 5. That the payment of the Contribution does not waive any provisions of FPUs Electric Tariff. If the property is subject to an underground ordinance, FPL shall notify -the appropriate governmental agency that satisfactory arrangements have been made with the Customer as specified by FPL. Title to and ownership of the facilities installed as a result of this agreement shall at all times remain the property of FPL. 6. That good and sufficient easements, including legal descriptions and survey work to produce such easements, and mortgage subordinations required by FPL for the installation and maintenance of its electric distribution facilities must be granted or obtained, and recorded, at no cost to FPL, prior to trenching, installation and/or construction of FPL facilities. FPL may require mortgage subordinations when the Customers property, on which FPL will install its facilities, is mortgaged and (1) there are no provisions in the mortgage that the lien of the mortgage will be subordinate to utility easements, (2) FPUs easement has not been recorded prior to the recordation of the mortgage, (3) FPUs facilities are or will be used to serve other parcels of property, or (4) other circumstances exist which FPL determines would make such a subordination necessary. a) The Customer shall fumish FPL a copy of the deed or other suitable document, which contains a full legal description, and exact name of the legal owner to be used when an easement is prepared, as required by FPL. b) The Customer shall furnish drawings, satisfactory to FPL, showing the location of existing and proposed structures on the Customers construction site, as required by FPL. Should for any reason, except for the sole error of FPL, FPL's facilities not be constructed within the easement, FPL may require the customer to grant new easements and obtain any necessary mortgage subordinations to cover FPL's installed facilities, at no cost to FPL, and FPL will release the existing easement. Mortgage subordinations will be necessary in this context when 1) the Customer's property on which FPL will instal( its facilities is mortgaged, 2) there are no provisions in the mortgage for subordination of the lien of the mortgage to utility easements, or 3) FPL's facilities are or will be used to serve other parcels of property. P73 Before FPL can begin its engineering work on the underground electric distribution facilities, the Customer shall provide FPL with the following: a) Paving, grading, and drainage plans showing all surface and sub -surface drainage satisfactory to FPL, b) A construction schedule, c) An estimate of when electric service will be required, and d) Copies of the Customers final construction plans as well as other construction drawings (plot, site, sewage, electrical, etc.) requested by FPL plats provided by the Customer must be either recorded by the circuit clerk or other recording officer or prepared and certified as meeting the requirements for recording (except approval by the governing body) by a registered land surveyor. Prior to FPL construction pursuant to this agreement, the Customer shall: a) Clear the FPL easement on the Customer's property of tree stumps, all trees, and other obstructions that conflict with construction, including the drainage of all flooded areas., The Customer shall be responsible for clearing, compacting, boulder and large rock removal, stump removal. paving and addressing other special conditions. The easement shall be graded to within six inches of final grade with soil stabilized. b) Provide property line and comer stakes, designated by a licensed surveyor, to establish a reference for locating the underground cable trench route in the easement and additional reference points when required by FPL. Also, the Customer shall provide stakes Identifying the location, depth, size and type facility of all non -FPL underground facilities within or near the easement where FPL distribution facilities will be 'installed. The Customer shall maintain these stakes, and if any of these stakes are lost, destroyed or moved and FPL requires their use, the Customer shall replace the stakes at no cost to FPL, unless the stakes are lost, destroyed or moved by an agent, employee, contractor or subcontractor of FPL, in which case FPL will pay the Customer the cost of replacing the stakes. c) It is further understood and agreed that subsequent relocation or repair of the FPL system, once installed, will be paid by the Customer 9 said relocation or repair is a result of a change in the grading by the Customer or any of the Custornees contractors or subcontractors from the rime the underground facilities were installed; and, that subsequent repair to FPL's system, once installed, Will be paid by the Customer if said repair is a result of damage caused by the Customer or any of the Customer's contractors or subcontractors. d) Provide sufficient and timely advance nonce L days) as required by FPL, for FPL to install its underground distribution facilities prior to the installation of paving, landscaping, sodding, sprinkler systems, or other surface obstructions. In the absence of sufficient coordination, as determined by FPL, by the Customer, all additional costs for trenching and backfilling shall be paid by the Customer, and none of the costs of restoring paving, landscaping, grass, sprinkler systems and ail other surface obstructions to their original condition, should they be installed prior to FPL's facilities, shall be borne by FPL. e) Pay for all additional costs incurred by FPL which may include, but are not limited to, engineering design, administration and relocation expenses, due to changes made subsequent to this agreement on the subdivision or development layout or grade. Q Provide applicable trenching, backfilling, installation of Company provided conduit and other work in accordance with FPL specifications more particularly described on Exhibit B attached hereto. At the discretion of FPL, either coned any discrepancies, within two (2) working days, found in the installation that are inconsistent with the Instructions and specifications attached to this agreement or pay the associated cost to correct the installation within thirty (30) days of receiving the associated bili, and in either case, reimburse FPL for costs associated with lost crew time due to such discrepancies. g) Provide a meter enclosure, downpipe and ell which meet ail applicable codes and FPL specifications and which will accommodate FPL's service cable size and design. These items must be confirmed with FPL prior to purchase. FPL will not be responsible for costs involved in modifying or replacing items which do not meet the above criteria. 9. FPL shall: a) Provide the Customer with a plan showing the location of all FPL underground facilities, point of delivery, and transformer locations and specifications required by FPL and to be adhered to by the Customer. b) Install, own, and maintain the electric distribution facilities up to the designated point of delivery except when otherwise noted. c) Request the Customer to participate in a pre -construction conference with the Customer's contractors, the FPL representatives and other utilities within six (6) weeks of the start of construction. At the pre -construction conference, FPL shall provide the Customer with an estimate of the date when service may be provided. 10. This Agreement is subject to FPLs Electric Tariff, including but not limited to the General Rules and Regulations for Electric Service and the Rules of the Florida Public Service Commission, as they are now written, or as they may be revised, amended or supplemented. 11. This agreement shall inure to the benefit of, and be binding upon, the successors and assigns of the Customer and FPL. The Customer and FPL will coordinate closely in fulfilling obligations in order to avoid delays in providing permanent electric service at the time of the Customer's receipt of a certificate of occupancy. A t Vjted:e& Z Y1 For FPL (date) ' ORM AND �LEGALL SU F CTO IENOY BY DYLAN REINGOLD OOUNTY ATTORNEY Accepted: INDIAN RIVER COUNTY By: Joseph E. Flescher, Chairman Board of County Commissioners BCC approved: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk P74 UCD TARIFF ESTIMATE IUCD Tbrifl Effeclivu: 10113120 6 MR 91 6692595 DATE: 212112017 PROJECT' IRCU WELL 07 SOUTH COUNTY RIO PLANT LOCATION: 600207HA ES Exhibit "X' Exhibit"B" DESIGNER 1 0 ,l, 1 f OF UNITS 00F ITS CHARGES . CR -"_i.117 (132.12.a) Primary lateral riser( if from overhead termination polmt pad "mounted transformer and trench with cableinsonduit net to exceed 150 feet for radials and 300 feet for loops, Oran Existing Underground Prom Overhead Torminadon Point Termination Paint (13.2, .0a 12.a.1) Single Phase Radial 50.00 % city soX' cityS - (13.2.12LA.2) Two Phase Radial $0.00 X qty 30.00 X, qty _ (13.2.123.3) Three Phase Radial -1SOKVA $0.00 k qty $0.00 XI qty _ (13:2.12x.4) Three Phase Radial -300 KVA $0.00 X city 50.06 X, qty s . (11.2,12.a.5) Single Plisse loop 50.00 Y. qry $0.00 K qty It (f3.L17-a.6) Two Phase Loop $0.00 X qty $0.00 X, qty S (13.2.17-0) Three Phase Loop -150 KVA $0.00 •% qry50.00 X •qty s (13.2.12.a:7) Three phase Loop -300 KVA $0.00 X City 50.00 X qty S (13.2.12.b) Secondary riser and lateral, excluding handhaile br)unedon box, with connection to Applicanes service cables no greater than 20 feet from Company riser pole. (13:272.b.1) Small Single Phase 410 TPX or smaller 5552.55 X per riser S (17.2.12.6.2) Urge Single Phase laignr itian 4/07PX 51,025.92 X per riser S (13.2.12.b.3) Small Three Phase 410 OPX or stroller $801:92 X per riser -S_ - (13.2.12.b.4) Large Three Phase larger than 410 OPX 51,530.59 X per riser $ (13,2.124:) Small UG commercial services (60 Amp 120V 1125 Amp 1201240V per SPO 21010A) (13.2.1Lc.1.a) 2 wire (120V) service on accessible wood pole 5471.27 X per service 3- - (13.2.12.c.t.b) 3 wire (120124OV) service on accessible wood pole $43/.80 X per service f (13.2.12.e.3a) 2 wire (12OV) service on Inaccessible wood pole $545.29 % Per service (13.2.12.c.2.b) 3 wire (1201240V) service on inaccessible wood pole $49331 X Per'service 3 _ (17.2.12.c.3.a) 2 wire (120V) service on accessible eortereto pole $526.67 X per service •S (13.2.12.e.3.b) 3 wire 41201240V) service on accessible concrete pole $487.19 X per service (13.2.17-d) Hamlholes and Padmounted Secondary Junction Boxes, excluding connections. (13.2.12d.1) Handhoios (13.2.12.d.t.a) Small 24" handhole 3203.40 X per HH f (13.2.12A.t.e) Large 40"ate10'hantlhole S211.53 X®per HH (1].2.12.d.t.e)Wrge 48"handhole 5817.30 X per HM (13.2.12.-4.2) Pad Mounted Junction Box IPM TX Dummy $1,567.29 X per box 1 S Cabinet M&S 016140000-7) 1 (13.2.12A.3.a) Pad Mounted Junction Cabinet(22 port S10,997.10 X�_Jper cabinet 3 phase cabinet M&S 0161-40100-3) (13.2.12.d.3.b) Tapping conductors (if mom than 12 sets) $7920 X r'�perset u (13.7-12.e) Primary Splice Box including spices and cable pulling set-up (13.2.12.0.1) Single Phase pot box 57,319.60 X per box S (13.L12.e.2) Two Phase per box f1,859A6 X ®per box s (13.2.12.e.3) Three Phase per box :7-070.15 X per box S (13.2.12.8 Additional Installation charge for underground primary laterals including trench and cableintonduit which exceeds the limits set in 13.2.12.a to reach FPL designated point of delivery. (I3.2.12.f.1) Single ase p perfect 50.71 X ®per ftL (13.2,1LL2)Two Photo per loot SL72 X per f7- S (13.2.1LL3)Three Phase per foot It X per ft. $ (13.2.12.9) Additional Installation charge for underground primary laterals Including trench and cablefrKonduit extended beyond the FPL designated point of delivery. (13.2.1L9.1) Single Phase per per t $&74 X peril. (13.2.1Lg2)Two Phase per foo! $13.03 X perfL S (13.2.12 g.31 Three Phase per $15.26 X perfL S (13.2.12h) UG Feeder (13.2.112.1t) 1 w t h packIL age( 616 or ing913 switelper pa kackxge) 59.02 X ®eac h7- (13.2.111r) Switch package (616 or 9p per package) 527,200.43 X each S (13.2.12.h) Switch package (414 per package) $27,200.43 X each 1 S (13.2.13A) Trench and backfiging credits (13.2.13x.1) Credit per foot of primary trench $3.48 Xi per l7 - (13.2.13x.2) Credit per foot of secondary trench $2.70 X Per H. $ (13.2.13.b) Conduit installation credits (13.2.13.6.1) Credit per foot of 2, PVC $0.611 X �pert (13.2.113.1a.2) Credit per foot s>2"PVC it, .*4 X per It. S (13.L13.4 Handhote I primaryspike box installation credits }j-�--7j (13.2.13.e.1) Credit per large HH (greater than 30")1 Pri Splice Box $232.70 X 1-.- JHH(s r�) (13.2.13.c.2) Credit per small Iintorato HH $61.19 X HH(s) S (13.2.13.d) Transformer/ cap bank pad Installation credits (13.2.13.d.) Credit per pad 560.00 X Pad(s) Feeder Splice Box Credit $651.74 X�each� Padmount SwitchChambei Credit SSGSAS X tach 5 Additional Charges (04 nan4apid trenching, restoration, etc.) DIFFERENTIAL COST FOR BORING 20TH AVE SIN 37.667.00 TOTAL CONTRIBUTION: LESS TOTAL CREDITS: 1 $ TOTAL CASH PAYMENT: I s_ 3.667.00 TOTAL CUSTOMER PAYMEfIT f 366730 (CONTRIBUTION MAT. LABOR) s (CONTRIBUTION CASH) s 31567,001 724/1017 s:fem P75 Work Request No. 6692595 UNDERGROUND EASEMENT Sec. 23, Twp 33 S, Rge 39 E (BUSINESS) This Instrument PrepareBy Parce] I.D. 33-39-23-00001-0100-00001.0 Indian River County (Maintained by County Appraiser) 1801270' Street Form 3722 (Stocked) Rev. 6111 Vero Beach, FL 32960 pg_of_ The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its licensees, agents, successors, and assigns ("FPL"), a non-exclusive easement forever for the construction, operation and maintenance of underground electric utility facilities (including cables, conduits, appurtenant equipment, and appurtenant above ground equipment) to be installed from time to time; with the right to reconstruct, Improve, add to, enlarge, change the voltage, as well as, the size of and remove such facilities or any of them within an easement described as follows: See Exhibit "A" ("Easement Area") Together with the right to permit FPL to attach wires to any facilities hereunder and lay cable and conduit within the easement and to operate the same for FPL's communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the easement area which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 2017. INDIAN RIVER COUNTY ATTEST: Jeffrey R. Smith, Clerk of Court By: and Comptroller By: Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY DYLAN REINGOLD COUNTY ATTORNEY STATE OF FLORIDA COUNTY OF INDIAN RIVER Joseph E. Flescher, Chairman Board of County Commissioners Address: 1801 270' Street Vero Beach, FL 32960 BCC approved: The foregoing instrument was acknowledged before me this day of , 2017, by Joseph E. Flescher, Chairman of the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida, who is personally known to me. Notary Public, signature Print Name: Commission No.: Commission Expiration: P76 P.O.C. FND. 3/4" I.P.-N.W. COR. OF S.E. 1/4 SECTION 23, TWP. 33 SOUTH, RGE. 39E. N 1185673.130 E B485BO.500 NOTES: 1. This is not a survey. 2. Reproductions of this drawing are not valid without the signature and original raised seal of a Florida licensed Surveyor and Mapper. 3. Section control information per 2007 survey by this firm. Existing improvement locations per survey by this firm in November 2016. 4. Bearings and coordinates shown hereon are referenced to N � the Florida State Plane Coordinate System, East zone, �F-1185203.3,' M �O C4 o 5. Proposed parcel location and all other proposed items 0 are per plans provided. The description shown hereon c 0 I �o I m P.O.C.=POINT OF COMMENCEMENT W� P.O.B.=POINT OF BEGINNING LW O.R.B.=OFFICIAL RECORDS BOOK oe� I.P.=IRON PIPE, NO I.D. I.R.=IRON ROD, NO I.D. J Z 1�3o; COR.=CORNER 21.00' rmr) =Gni Imn W z 3 t0 Ir 0 Q O N _N90'00'00"E (140.00' NOTES: 1. This is not a survey. 2. Reproductions of this drawing are not valid without the signature and original raised seal of a Florida licensed Surveyor and Mapper. 3. Section control information per 2007 survey by this firm. Existing improvement locations per survey by this firm in November 2016. 4. Bearings and coordinates shown hereon are referenced to the Florida State Plane Coordinate System, East zone, �F-1185203.3,' NAD 83/90 datum per 2007 survey by this firm. W 2 E 848688.84 o 5. Proposed parcel location and all other proposed items are per plans provided. The description shown hereon c 0 originated by this surveyor. J LEGEND m P.O.C.=POINT OF COMMENCEMENT P.O.B.=POINT OF BEGINNING e� O.R.B.=OFFICIAL RECORDS BOOK I.P.=IRON PIPE, NO I.D. I.R.=IRON ROD, NO I.D. R/W=RIGHT OF WAY N90.00'00"E COR.=CORNER 21.00' rmr) =Gni Imn (HATCHED) 100 SQ. FT. N90'00'00"E —\ 10.00' PROPOSED 7RANSFORMER-\ N00'00'00"E—,,,, 10.00' 84.97' N 1185170.802 E 84.8663.108 D)--- PROPOSED W �F-1185203.3,' ti E 848688.84 o c 0 e� 10. y 21.00' ., 574'29'04"E-5.43' 9 I 10.00' TRACT 10 m PARCEL I.D. NO.#33-39-23-00001-0100-00001.0 - SOUTH COUNTY PARK �I 0 DESCRIPTION A parcel of land lying in Tract 10, Section 23, Township 33 South, Range 39 East, according to the last general plat of Indian River Farms Company, filed in the Office of the Clerk of the o Circuit Court in Plat Book 2, Page 25 of St. Lucie County, Florida, said land now lying and I being in Indian River County, Florida, said parcel being more particularly described as follows: COMMENCING at the Northwest comer of the Southeast 1/4 of said Section 23, proceed South 00'16'02" West along the West line of said Southeast 1/4 a distance of 502.33 feet; thence departing said West line, North 90'0000" East a distance of 84.97 feet to the POINT OF BEGINNING; thence North 00'00'00" East a distance of 10.00 feet; thence North 90'00'00" East a distance of 10.00 feet thence South 00'00'00" West a distance of 10.00 feet; thence South 90'00'00" West a distance of 10.00 feet to the POINT OF BEGINNING. Containing an area of 100 square feet. GRAPHIC SCALE SOUTH 1/4 COR. SECTION 23, 0 10 20 40 TWP. 33 SOUTH, RGE. 39E. FND. X- CUT IN CONC. CURB N 8 8588.011 (IN FEET) 1 inch=20 ft. E 848568.011 Sketch of Descriptionilli,,,,,, William B. Zentz & Associates Inc. ',°- ;i;� �� 1r JOB No. ' : cti ?' 119-036 Professional surveyingdtMapping 276 cERTIF1cATE of AvrHORQATION (LB) No.. 6840 + C DATE 684 Old Dixie Highway y T o> �` ( 5/9/17 Vero Beach, A 32962 Phone: (772) 567-7552 WICUAAYiB'PZ i PC �` SHEET OF REG%STERi p, 61 NYF3R No. 5276 Fax (772) 567=1751' STATE OFlO 401i1�1'I l 1 1 Nn�a�1 EXHIBIT "A" P77 1: Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Michael Smykowski Director, Office of Management & Budget Date: May 30, 2017 Subject: Miscellaneous Budget Amendment 017 Description and Conditions 1. Various departments incurred overtime as a result of Hurricane Matthew. Exhibit "A" appropriates funding from Cash Forward Oct 15t in the following funds: General Fund $35,632, MSTU Fund $27,436, Secondary Roads $109, Transportation Fund $130,880, Emergency Services District $117,758, 911 Surcharge Fund $3,411, SWDD $3,487, Building Department $6,678, Utilities $78,808, Fleet $2,379, Self -Insurance $241 and Information Technology $8,062 for a total of $414,881. 2. A replacement generator and transfer switch at the North tower site is necessary as the existing unit is over 10 years old and is a primary component of the county -wide 800 MHz radio system. Exhibit "A" appropriates funding from General Fund/Reserve for Contingency in the amount of $61,000. 3. The carpeting at the Main Library, initially installed in 2002, is in need of replacement. Exhibit "A" appropriates funding from General Fund/Cash Forward Oct 1 st in the amount of $295,000. 4. Gifford Aquatic Center will be replacing the GeoThermal Heating/Cooling System (required to maintain appropriate pool temperatures) and resurfacing the zero entry pool. Exhibit "A" appropriates the additional funding needed of $83,036 from MSTU/Reserve for Contingency. 5. The Sheriffs Office has requested $20,000 for the final payment of the locking mechanism project that has been completed after several years. Exhibit "A" appropriates the funding from Optional Sales Tax/Cash Forward -Oct 1 st 6. On May 9, 2017 the Board of County Commissioners approved a Sea Turtle License Plant "Mini -Grant" in the amount of $1,000. Exhibit "A" appropriates these grant funds. 7. The Board approved a local Jobs Grant for Triton Submarines, LLC on April 2, 2013. Triton is eligible for $10,667 which represents payments #2 and #3 for Phase 1. Exhibit "A" appropriates funding for this local jobs grants from General Fund/Reserve for Contingency. 8. On May 23, 2017 the Board of County Commissioners approved an FDOT Local Agency Program (LAP) Supplemental Agreement amending the original 811 Street Sidewalk project to include an additional $95,000 to fund construction. Exhibit "A" appropriates these grant funds. 9. Road & Bridge needs to replace a 1994 water truck - $138,479 and a 2000 loader - $252,827. In addition, a diesel submersible pump - $32,747 and suction hose - $11,572 are needed to divert water when replacing large culverts and for emergency pumping operations during rainy/hurricane season. Exhibit "A" appropriates funding from Transportation Fund/Cash Forward Oct 1 st in the amount of $435,625. P78 Board of County Commissioners Page 2 of 2 May 30, 2017 10. Prior to construction of the FP&L Okeechobee Clean Energy Center Project, FP&L agreed to a one-time payment to the Emergency Services District in the amount of $90,000. The intent of the funds is to support mutual aid requests to Okeechobee County Fire Rescue. Exhibit "A" appropriates these funds. P79 RESOLUTION NO. 2017- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2016-2017 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2016-2017 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2016-2017 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2016-2017 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman, Joseph E. Flescher Vice Chairman, Peter D. O'Bryan Commissioner, Susan Adams Commissioner, Bob Solari Commissioner, Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2017. Attest: Jeffrey R. Smith Clerk of Court and Comptroller INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners 114 By Deputy Clerk Joseph E. Flescher, Chairman FM APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY P80 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 017 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue General Fund/Non-Revenue/Cash Forward Oct 1st 001039-389040 $35,632 $0 MSTU Fund/Non-Revenue/Cash Forward Oct 1st 004039-389040 $27,436 $0 Secondary Roads/Non-Revenue/Cash Forward Oct 1st 109039-389040 $109 $0 Transportation Fund/Non-Revenue/Cash Forward Oct 1st 111039-389040 $130,880 $0 Emergency Services District/Non-Revenue/Cash Forward Oct 1 st 114039-389040 $117,758 $0 911 Surcharge Fund/Non-Revenue/Cash Forward Oct 1st 120039-389040 $3,411 $0 SWDD/Non-Revenue/Cash Forward Oct 1st 411039-389040 $3,487 $0 Building Department/Non-Revenue/Cash Forward Oct 1st 441039-389040 $6,678 $0 Utilities/Non-Revenue/Cash Forward Oct 1st 471039-389040 $78,808 $0 Fleet/Non-Revenue/Cash Forward Oct 1st 501039-389040 $2,379 $0 Self Insurance/Cash Forward Oct 1st 502039-389040 $241 $0 Information Technology/Cash Forward Oct 1st 505039-389040 $8,062 $0 Expense General Fund/BCC/Overtime 00110111-011140 $587 $0 General Fund/BCC/Social Security Matching 00110111-012110 $36 $0 General Fund/BCC/Retirement Contribution 00110111-012120 $44 $0 General Fund/BCC/Worker's Compensation 00110111-012140 $1 $0 General Fund/BCC/Medicare Matching 00110111-012170 $9 $0 General Fund/Main Library/Overtime 00110111-011140 $486 $0 General Fund/Main Library/Social Security Matching 00110971-012110 $30 $0 General Fund/Main Library/Retirement Contribution 00110971-012120 $37 $0 General Fund/Main Library/Medicare Matching 00110971-012170 $7 $0 General Fund/North County Library/Overtime 00111271-011140 $482 $0 General Fund/North County Library/Social Security Matching 00111271-012110 $30 $0 General Fund/North County Library/Retirement Contribution 00111271-012120 $36 $0 1 of 9 P81 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 017 Entry Number Fund/ Department/Account Name Account Number Increase Decrease General Fund/North County Library/Worker's Compensation 00111271-012140 $1 $0 General Fund/North County Library/Medicare Matching 00111271-012170 $7 $0 General Fund/County Administrator/Overtime 00120112-011140 $2,945 $0 General Fund/County Administrator/Social Security Matching 00120112-012110 $183 $0 General Fund/County Administrator/Retirement Contribution 00120112-012120 $221 $0 General Fund/County Administrator/Worker's Compensation 00120112-012140 $3 $0 General Fund/County Administrator/Medicare Matching 00120112-012170 $43 $0 General Fund/Human Resources/Overtime 00120313-011140 $1,315 $0 General Fund/Human Resources/Social Security Matching 00120313-012110 $82 $0 General Fund/Human Resources/Retirement Contribution 00120313-012120 $99 $0 General Fund/Human Resources/Worker's Compensation 00120313-012140 $1 $0 General Fund/Human Resources/Medicare Matching 00120313-012170 $19 $0 General Fund/Emergency Management/Overtime 00120825-011140 $1,984 $0 General Fund/Emergency Management/Social Security Matching 00120825-012110 $123 $0 General Fund/Emergency Management/Retirement Contribution 00120825-012120 $149 $0 General Fund/Emergency Management/Worker's Compensation 00120825-012140 $2 $0 General Fund/Emergency Management/Medicare Matching 00120825-012170 $29 $0 General Fund/Parks/Overtime 00121072-011140 $9,113 $0 General Fund/Parks/Social Security Matching 00121072-012110 $565 $0 General Fund/Parks/Retirement Contribution 00121072-012120 $685 $0 General Fund/Parks/Worker's Compensation 00121072-012140 $414 $0 General Fund/Parks/Medicare Matching 00121072-012170 $132 $0 General Fund/Facilities Management/Overtime 00122019-011140 $7,795 $0 General Fund/Facilities Management/Social Security Matching 00122019-012110 $483 $0 General Fund/Facilities Management/Retirement Contribution 00122019-012120 $586 $0 General Fund/Facilities Management/Worker's Compensation 00122019-012140 $354 $0 2 of 9 P82 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 017 Entry Number Fund/ Department/Account Name Account Number Increase Decrease General Fund/Facilities Management/Medicare Matching 00122019-012170 $113 $0 General Fund/Office of Management & Budget/Overtime 00122913-011140 $891 $0 General Fund/Office of Management & Budget/Social Security Matching 00122913-012110 $55 $0 General Fund/Office of Management & Budget/Retirement Contribution 00122913-012120 $67 $0 General Fund/Office of Management & Budget/Worker's Compensation 00122913-012140 $1 $0 General Fund/Office of Management & Budget/Medicare Matching 00122913-012170 $13 $0 General Fund/Animal Control/Overtime 00125062-011140 $4,630 $0 General Fund/Animal Control/Social Security Matching 00125062-012110 $287 $0 General Fund/Animal Control/Retirement Contribution 00125062-012120 $348 $0 General Fund/Animal Control/Worker's Compensation 00125062-012140 $42 $0 General Fund/Animal Control/Medicare Matching 00125062-012170 $67 $0 MSTU Fund/North County Pool/Overtime 00410472-011140 $2,232 $0 MSTU Fund/North County Pool/Social Security Matching 00410472-012110 $138 $0 MSTU Fund/North County Pool/Retirement Contribution 00410472-012120 $168 $0 MSTU Fund/North County Pool/Worker's Compensation 00410472-012140 $44 $0 MSTU Fund/North County Pool/Medicare Matching 00410472-012170 $32 $0 MSTU Fund/IG Facility/Overtime 00411572-011140 $1,050 $0 MSTU Fund/IG Facility/Social Security Matching 00411572-012110 $65 $0 MSTU Fund/IG Facility/Retirement Contribution 00411572-012120 $79 $0 MSTU Fund/IG Facility/Worker's Compensation 00411572-012140 $21 $0 MSTU Fund/IG Facility/Medicare Matching 00411572-012170 $15 $0 MSTU Fund/Ocean Rescue/Overtime 00411672-011140 $4,518 $0 MSTU Fund/Ocean Rescue/Social Security Matching 00411672-012110 $280 $0 MSTU Fund/Ocean Rescue/Retirement Contribution 00411672-012120 $340 $0 MSTU Fund/Ocean RescueAlVorker's Compensation 00411672-012140 $90 $0 MSTU Fund/Ocean Rescue/Medicare Matching 00411672-012170 $66 $0 3of9 P83 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 017 Entry Number Fund/ Department/Account Name Account Number Increase Decrease MSTU Fund/Environmental Planning/Overtime 00420724-011140 $15,573 $0 MSTU Fund/Environmental Planning/Social Security Matching 00420724-012110 $966 $0 MSTU Fund/Environmental Planning/Retirement Contribution 00420724-012120 $1,171 $0 MSTU Fund/Environmental Planning/Worker's Compensation 00420724-012140 $157 $0 MSTU Fund/Environmental Planning/Medicare Matching 00420724-012170 $226 $0 MSTU Fund/Parks/Overtime 00421072-011140 $178 $0 MSTU Fund/Parks/Social Security Matching 00421024-012110 $11 $0 MSTU Fund/Parks/Retirement Contribution 00421024-012120 $13 $0 MSTU Fund/Parks/Medicare Matching 00421024-012170 $3 $0 Secondary Roads/Real Estate Acquisition/Overtime 10924741-011140 $95 $0 Secondary Roads/Real Estate Acquisition/Social Security Matching 10924741-012110 $6 $0 Secondary Roads/Real Estate Acquisition/Retirement Contribution 10924741-012120 $7 $0 Secondary Roads/Real Estate Acquisition/Medicare Matching 10924741-012170 $1 $0 Transportation Fund/Road & Bridge/Overtime 11121441-011140 $46,652 $0 Transportation Fund/Road & Bridge/Social Security Matching 11121441-012110 $2,892 $0 Transportation Fund/Road & Bridge/Retirement Contribution 11121441-012120 $3,508 $0 Transportation Fund/Road & Bridge/Worker's Compensation 11121441-012140 $2,121 $0 Transportation Fund/Road & Bridge/Medicare Matching 11121441-012170 $676 $0 Transportation Fund/Public Works/Overtime 11124319-011140 $900 $0 Transportation Fund/Public Works/Social Security Matching 11124319-012110 $56 $0 Transportation Fund/Public Works/Retirement Contribution 11124319-012120 $68 $0 Transportation Fund/Public Works/Worker's Compensation 11124319-012140 $1 $0 Transportation Fund/Public Works/Medicare Matching 11124319-012170 $13 $0 Transportation Fund/County Engineering/Overtime 11124441-011140 $36,626 $0 Transportation Fund/County Engineering/Social Security Matching 11124441-012110 $2,271 $0 Transportation Fund/County Engineering/Retirement Contribution 11124441-012120 $2,754 $0 4of9 P84 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 017 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Transportation Fund/County Engineering/Worker's Compensation 11124441-012140 $370 $0 Transportation Fund/County Engineering/Medicare Matching 11124441-012170 $531 $0 Transportation Fund/Traffic Engineering/Overtime 11124541-011140 $23,832 $0 Transportation Fund/Traffic Engineering/Social Security Matching 11124541-012110 $1,478 $0 Transportation Fund/Traffic Engineering/Retirement Contribution 11124541-012120 $1,792 $0 Transportation Fund/Traffic Engineering/Worker's Compensation 11124541-012140 $1,084 $0 Transportation Fund/Traffic Engineering/Medicare Matching 11124541-012170 $346 $0 Transportation Fund/Stormwater/Overtime 11128138-011140 $2,505 $0 Transportation Fund/Stormwater/Social Security Matching 11128138-012110 $155 $0 Transportation Fund/Stormwater/Retirement Contribution 11128138-012120 $188 $0 Transportation Fund/Stormwater/Worker's Compensation 11128138-012140 $25 $0 Transportation Fund/Stormwater/Medicare Matching 11128138-012170 $36 $0 Emergency Services District/Fire Rescue/Overtime 11412022-011140 $100,158 $0 Emergency Services District/Fire Rescue/Social Security Matching 11412022-012110 $6,210 $0 Emergency Services District/Fire Rescue/Retirement Contribution 11412022-012120 $7,532 $0 Emergency Services District/Fire Rescue/Worker's Compensation 11412022-012140 $2,406 $0 Emergency Services District/Fire Rescue/Medicare Matching 11412022-012170 $1,452 $0 911 Surcharge Fund/Communication Center/Overtime 12013325-011140 $2,959 $0 911 Surcharge Fund/Communication Center/Social Security Matching 12013325-012110 $183 $0 911 Surcharge Fund/Communication Center/Retirement Contribution 12013325-012120 $223 $0 911 Surcharge Fund/Communication Center/Worker's Compensation 12013325-012140 $3 $0 911 Surcharge Fund/Communication Center/Medicare Matching 12013325-012170 $43 $0 SWDD/Landfill/Overtime 41121734-011140 $2,959 $0 SWDD/Landfill/Social Security Matching 41121734-012110 $183 $0 SWDD/Landfill/Retirement Contribution 41121734-012120 $223 $0 SWDD/Landfill/Worker's Compensation 41121734-012140 $79 $0 5of9 P85 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 017 Entry Number Fund/ Department/Account Name Account Number Increase Decrease SWDD/Landfill/Medicare Matching 41121734-012170 $43 $0 County Building/Building Department/Overtime 44123324-011140 $5,749 $0 County Building/Building Department/Social Security Matching 44123324-012110 $356 $0 County Building/Building Department/Retirement Contribution 44123324-012120 $432 $0 County Building/Building Department/Worker's Compensation 44123324-012140 $58 $0 County Building/Building Department/Medicare Matching 44123324-012170 $83 $0 Utilities/Wastewater Treatment/Overtime 47121836-011140 $15,647 $0 Utilities/Wastewater Treatment/Social Security Matching 47121836-012110 $970 $0 Utilities/Wastewater Treatment/Retirement Contribution 47121836-012120 $1,177 $0 Utilities/Wastewater Treatment/Worker's Compensation 47121836-012140 $304 $0 Utilities/Wastewater Treatment/Medicare Matching 47121836-012170 $227 $0 Utilities/Water Production/Overtime 47121936-011140 $13,774 $0 Utilities/Water Production/Social Security Matching 47121936-012110 $854 $0 Utilities/Water Production/Retirement Contribution 47121936-012120 $1,036 $0 Utilities/Water Prod uction/Worker's Compensation 47121936-012140 $267 $0 Utilities/Water Production/Medicare Matching 47121936-012170 $200 $0 Utilities/General & Engineering/Overtime 47123536-011140 $3,433 $0 Utilities/General & Engineering/Social Security Matching 47123536-012110 $213 $0 Utilities/General & Engineering/Retirement Contribution 47123536-012120 $258 $0 Utilities/General & Engineering/Worker's Compensation 47123536-012140 $3 $0 Utilities/General & Engineering/Medicare Matching 47123536-012170 $50 $0 Utilities/Customer Service/Overtime 47126536-011140 $5,411 $0 Utilities/Customer Service/Social Security Matching 47126536-012110 $335 $0 Utilities/Customer Service/Retirement Contribution 47126536-012120 $407 $0 Utilities/Customer Service/Worker's Compensation 47126536-012140 $105 $0 Utilities/General & Engineering/Medicare Matching 47126536-012170 $78 $0 6 of 9 P86 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 017 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Utilities/Wastewater Collection/Overtime 47126836-011140 $18,226 $0 Utilities/Wastewater Collection/Social Security Matching 47126836-012110 $1,130 $0 Utilities/Wastewater Collection/Retirement Contribution 47126836-012120 $1,371 $0 Utilities/Wastewater Collection/Worker's Compensation 47126836-012140 $354 $0 Utilities/Wastewater Collection/Medicare Matching 47126836-012170 $264 $0 Utilities/Water Distribution/Overtime 47126936-011140 $10,065 $0 Utilities/Water Distribution/Social Security Matching 47126936-012110 $624 $0 Utilities/Water Distribution/Retirement Contribution 47126936-012120 $757 $0 Utilities/Water Distribution/Worker's Compensation 47126936-012140 $195 $0 Utilities/Water Distribution/Medicare Matching 47126936-012170 $146 $0 Utilities/Osprey Marsh/Overtime 47128236-011140 $792 $0 Utilities/Osprey Marsh/Social Security Matching 47128236-012110 $49 $0 Utilities/Osprey Marsh/Retirement Contribution 47128236-012120 $60 $0 Utilities/Osprey Marsh/Worker's Compensation 47128236-012140 $15 $0 Utilities/Osprey Marsh/Medicare Matching 47128236-012170 $11 $0 Fleet/Vehicle Maintenance/Overtime 50124291-011140 $2,038 $0 Fleet/Vehicle Maintenance/Social Security Matching 50124291-012110 $126 $0 Fleet/Vehicle Maintenance/Retirement Contribution 50124291-012120 $153 $0 Fleet/Vehicle Maintenance/Worker's Compensation 50124291-012140 $32 $0 Fleet/Vehicle Maintenance/Medicare Matching 50124291-012170 $30 $0 Self Insurance/Risk Management/Overtime 50224613-011140 $209 $0 Self Insurance/Risk Management/Social Security Matching 50224613-012110 $13 $0 Self Insurance/Risk Management/Retirement Matching 50224613-012120 $16 $0 Self Insurance/Risk Management/Medicare Matching 50224613-012170 $3 $0 Information Technology/Computer Services/Overtime 50524113-011140 $6,994 $0 7of9 P87 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 017 Entry Number Fund/ Department/Account Name Account Number Increase Decrease Information Technology/Computer Services/Social Security Matching 50524113-012110 $434 $0 Information Technology/Computer Services/Retirement Matching 50524113-012120 $526 $0 Information Technology/Computer ServicesMorker's Compensation 50524113-012140 $7 $0 Information Technology/Computer Services/Medicare Matching 50524113-012170 $101 $0 2. Expense General Fund/Communications/Other Machinery & Equipment 00110719-066490 $61,000 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $61,000 3. Expense General Fund/Main Library/Carpeting 00110971-041220 $295,000 $0 General Fund/Reserves/Cash Forward -Oct 1st 00119981-099920 $0 $295,000 4. Expense MSTU/GAC/Other Machinery & Equipment 00410572-066390 $27,036 $0 MSTU/GAC/Other Improvements Except Buildings 00410572-066390 $56,000 $0 MSTU/Reserves/Reserve for Contingency 00419981-099910 $0 $83,036 5. Revenue Optional Sales Tax/Cash Forward -Oct 1st 315039-389040 $20,000 $0 Expense Optional Sales Tax/Sheriff/Detention Center 31560086-099140 $20,000 $0 6. Revenue Beach Restoration Fund/Miscellaneous/Sea Turtle Conservancy Grant 128038-366090-12815 $1,000 $0 Expense Beach Restoration Fund/Other Operating Supplies/Sea Turtle Conservancy Grant 12814472-035290-12815 $1,000 $0 7. Expense General Fund/Agencies/Local Jobs Grant -Triton Submarine 00111015-088027 $10,667 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $10,667 8of9 P88 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 017 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 8. Revenue Optional Sales Tax/DOP LAP Grant/8th Street Sidewalk 315033-331400-13006 $95,000 $0 Expense Optional Sales Tax/Road & Bridge/8th Street Sidewalk 31521441-066510-13006 $95,000 $0 9. Expense Transportation Fund/Road & Bridge/Heavy Equipment - 11121441-066430 $391,306 $0 Wheel Track Transportation Fund/Road & Bridge/Other Machinery & Equipment 11121441-066490 $44,319 $0 Transportation Fund/Reserves/Cash Forward -Oct 1st 11119981-099920 $0 $435,625 10. Revenue Emergency Services District/Other Contributions/FP&L Okeechobee EMS 114038-366090-17017 $90,000 $0 Expense Emergency Services District/Fire Rescue/Other Operating Supplies/FP&L Okeechobee EMS 11412022-035290-17017 $50,000 $0 Emergency Services District/Fire Rescue/Other Machinery 11412022-066490-17017 $40,000 $0 & Equipment/FP&L Okeechobee EMS 9of9 P89 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services �S CONSENT AGENDA Date: May 31, 2017 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator From: Beth Powell, Conservation Lands Manager Subject: Notice of Application for Hurricane Matthew HMGP Grant Funding DESCRIPTIONS AND CONDITIONS: On February 8, 2017, the Florida Division of Emergency Management announced the availability of Hazard Mitigation Grant Program (HMGP) funds resulting from the Presidential Disaster Declaration for Hurricane Matthew (FEMA 4283 -DR -FL). The purpose of the Hazard Mitigation Grant Program (HMGP) is to assist communities in implementing hazard mitigation measures following a major federal disaster declaration. The HMGP program is a federally funded program that is allocated and distributed by the State. There are three funding tiers: Tier One is the initial allocation of submitted and eligible projects which are funded in order of priority as endorsed by the LMS Working Group; Tier Two and Three allocates remaining funds to applicants whose projects are not funded through the Tier One phase as funding is available. HMGP is a cost -reimbursement grant program and will fund up to 75% for eligible projects. The 25% match may be a combination of cash and in-kind sources. Hazard mitigation is any action taken to reduce or eliminate long term risk to people and property from natural hazards. Indian River County is an eligible applicant as it has a FEMA -approved local mitigation plan and has a formally adopted Local Mitigation Strategy (LMS) (Resolution No. 2010-059 adopted on July 13, 2010, and revised Resolution No. 2015-078 adopted July 7, 2015). Indian River County's estimated funding allocation for Hurricane Matthew is $437,838.87. Indian River County's LMS Working Group members met on January 6, 2017, and created a prioritized project list for the HMGP eligible projects. That list was narrowed down to a total of 18 projects that were considered not only eligible, but practical. This list was revised again in April 2017 after Florida Division of Emergency Management review and narrowed further to a list of 12 county -wide projects which included Oslo Riverfront Conservation Area (ranked #1) and Conservation Area Prescribed Burn (ranked #6) for the purpose of reducing wildfire threats by creating defensible space through vegetation management. THE PROJECT: Two conservation lands projects were identified and approved on the LMS list and ranked by the LMS Working Group. Oslo Riverfront Conservation Area ranked #1 for the creation of defensible space within 10 acres adjacent to the Forest Park Subdivision, a highly vulnerable area due to the proximity of homes, dense vegetation and lack of access for emergency suppression in the event C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@3405FF41\@BCL@3405FF41.doc P90 of a wildfire. The second project for consideration ranked #6 and would provide a combination of wildfire reduction activities and possible prescribed burns (to reduce wildfire threat) on vulnerable conservation areas throughout the county. r #1 — Oslo Riverfront Conservation Area — Wildfire Protection Creation of approximately 10 acres of defensible and accessible space created through vegetation management along the perimeter of the north property line adjacent to Forest Park Subdivision. This project was initially estimated to cost approximately $50,000. Upon receiving a bid from a contractor to conduct the work, the cost has been revised to $65,000. This project would protect over 70 homes that were built in the late 1970s and early 80s. Some homes are wood frame construction and have wood shake roofs, creating a higher level of vulnerability. At this time there is no defensible space and many homes that immediately abut the conservation area have less than 10 feet of property with mature vegetation that creates an elevated threat. Creating a defensible space includes establishing a firebreak which can be maintained, reduction of fuel and vegetation that would cause probable harm to adjacent and surrounding homes and businesses in the event of a wildfire, provide emergency vehicle access in the event of a wildfire and further reduce the threat of windblown debris in the event of a storm. Wildfire mitigation activities will reduce emergency costs in the event of a wildfire and provide safe access for emergency management. Project Priority #6 — Conservation Areas Prescribed Burn & Wildfire Protection Vegetation management, firebreak installation and prescribed burns (if conditions allow) on conservation lands throughout the county that have a high likelihood or history of wildfire. At this time, 10 conservation areas have been identified as being vulnerable to wildfire. These conservation areas contain over 1,200 acres of vulnerable habitat and 4 have historically had wildfires, some more than once within the last 17 years. Grant funding would be utilized to create firebreaks, reduce vegetation and conduct prescribed burns (if conditions allow). Each year county staff work with the Florida Forestry Services Mediation Team to provide wildfire protection to vulnerable conservation areas and private lands, however, this team is only available to the entire district two weeks out of the year. Forestry and county staff identify the most vulnerable areas, but due to limited time, this leaves many areas untreated until conditions worsen. This project would provide funding to create defensible space, reduce wildfire threat and reduce the chance of catastrophic wildfires. All of the conservation areas identified lie within highly urban areas with homes and businesses vulnerable to damage caused by wildfire. In addition, these homes and businesses may not have adequate defensible space creating increased cost and more difficult conditions for emergency responders. Funding for this project has been revised from $255,000 after review by the Florida Division of Emergency Management (FDEM) for eligibility to $150;000 as equipment purchase is not an eligible expense. The funds provided would utilize contractors and the Florida Forestry Services (FFS) (if available) to install firebreaks, reduce vegetation and create defensible space on each property identified. County and FFS staff will create a fire management plan for each conservation area further assisting in long-term management and maintenance. Any funding remaining will be allocated to highly vulnerable county -owned parcels (i.e. Sandridge Golf Course and the Shooting Range) and secondarily to other vulnerable municipal properties (i.e. Vero Beach Airport or Sebastian Airport) and private lands with owner consent. FUNDING: A potential funding source identified for both projects is the Native Upland Mitigation Fund (12721037-033490). If awarded, the grant agreement will be presented to the Board of County Commissioners for final funding approval and grant execution. Project #1 — Oslo Riverfront Conservation Area would require a match of $16,250 of cash and/or in-kind services. Project #6 — Conservation Area Prescribed Burns would require a match of $37,500 of cash and/or in-kind C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@3405FF41\@BCL@3405FF41.doc P91 services. It is anticipated that $10,000 would be in-kind services for mapping, prescribed burn plan creation and other staff time related to the project leaving a $27,500 cash match by the County. STAFF RECOMMENDATION: • Authorization for staff to finalize and submit the HMGP Application for Oslo Riverfront Conservation Area, identified by the LMS as Project Priority #1 for Indian River County in the amount of $65,000, and further authorize the County Administrator to sign the grant application after review by the County Attorney for legal sufficiency. Authorization for staff to finalize and submit the HMGP Application for Conservation Area Prescribed Burn & Wildfire Protection, identified by the LMS as Project Priority #6 for Indian River County in the amount of $150,000, and further authorize the County Administrator to sign the grant application after review by the County Attorney for legal sufficiency. Attachments: Attachment A — Indian River County Local Mitigation Strategy Project Prioritization list for HMGP Applications related to Hurricane Matthew (FEMA -4283 -DR) updated April 5, 2017. Attachment B — State of Florida — Hazard Mitigation Grant Program Application Form Attachment C — LMS Approval Letter dated May 12, 2017 and signed by John King, Director — LMS Chairman — Oslo Riverfront Conservation Area Attachment D — LMS Approval Letter dated May 12, 2017 and signed by John King, Director — LMS Chairman — Conservation Area Prescribed Burn CAUsers\GRAN IC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@3405FF41\@BCL@3405FF41.doc P92 Indian River County Attachment A - LMS PPL HMGP Eligibility Status April 5 2017 Local Mitigation Strategy Project Prioritization List For HMGP Applications related to Hurricane Matthew (FEMA -4283 -DR) Indian River County LMS *Indicates jurisdiction interest in this project and support wherever necessary. Updated April 5, 2017 co W 1 of 2 Estimated Project o 0 'o ° Project Description Cost & Applicant/Responsible Mitigation to be Accomplished Hazards Jurisdiction(s) Possible Funding Sources Date Confirmed/ '2 a U)Estlmated rime of Party Mitigated Involved* Added Completion 95 Oslo Riverfront Conservation Area $50,000 Indian River County Removal of approximately 10 acres Hurricane/Tropical All Jurisdictions FWS/DEP .Eligible 1 hazardous tree removal. 12-24 months Parks Division of large, hazardous Australian pine Storm/Wildfire HMGP Beth Powell and Brazillian pepper trees 1/13117 adjacent to private property/homes. (Beth Powell) 94 Replace and upgrade roof of the $450,000 City of Vero Beach The police department serves as Hurricane/Tropical City of Vero Beach HMGP, CDBG, Pre -disaster Eligible Vero Beach Police Department 12 months Don Dexter the city's EOC and the existing roof Storm Mitigation Program HMGP 2 building. is approximately 30 years old and 1110117 does not meet current wind load (Don Dexter) 93 Felismere Culvert replacement $630,000 City of Fellsmere Replacement of all existing culverts Hurricane and Multiple CDBG, HMGP, DRI, USDA, Eligible 3 6 months Jason Nunemaker along New York/97th Street with Tropical Storm EDA HMGP RCP at proper intervals to reduce 116/17 head loss to Park Lateral. (Jason Nunemaker) 90 Wabasso Causeway fishing pier $500,000 Indian River County Remove destroyed fishing pier to Tropical All Jurisdictions HMGP, FWC/DEP, FIND, DOT, Eligible removal 48 months Coastal Engineering avoid public health and safety Storm/Hurricane, Boater Improvement Fund HMGP 4 James Gray hazards. Flood, and 1/13117 Transportation (James Gray) 85 Retrofitting Gifford Youth Activity $150,000 Gifford Youth Activity Harden facility windows for disaster Hurricane/Tropical Indian River County HMGP Eligible Center <12 months Center, Inc. activities. Storm HMGP 5 Freddie Woolfork 1/6/17 (Freddie Woolfork) 85 Conservation Area Prescribed Burn $255,000 Indian River County Purchase of equipment contract Wildfire All jurisdictions HMGP Eligible 12-36 months Parks Division work to treat areas vulnerable to HMGP Beth Powell wildfire, especially conservation 1/6117 6 areas with added material from (Beth Powell) Hurricane Matthew through mechanical means and prescribed burns 80 Barber Street bridge replacement $2.5 million City of Sebastian Ensures traffic circulation, Hurricane/tropical City of Sebastian CDBG, HMGP, EDA Eligible 7 >12 months Joe Griffin emergency response, and public storm, erosion, and HMGP transportation from the city to U.S. flooding 1/6117 #1, C.R. 512, and 1-95. (Wayne Eseltine 78 Install flood control structures Vero $60,000 City of Vero Beach Installation will help to minimize Flooding, City of Vero Beach HMGP, FDEP Eligible Isles. 12 months Don Dexter tidal flooding of the homes and hurricane/tropical HMGP 8 businesses from the Indian River storm, tsunami 116117 Lagoon to 8th Avenue in the (Monte Falls) Miracle Mile and Royal Palm Point shopping areas. 74 for Stonecrop Main $500,000 City of Sebastian Ensures circulation of storm water Hurricane/tropical Sebastian HMGP, FMA, SJRWMD, FPMS Eligible 9 JCulvert/Pipe ditch alignment <12 months Joe Griffin system and reduces possible storms, flooding, HMGP flooding and property damage. erosion 1/6117 72 Construction of seawall/revetment $600,000 City of Vero Beach Residents and business owners will Flood and erosion Vero Beach HMGP Eligible 1 U along Humiston Beach in the City of >12 months Don Dexter benefit from continued and HMGP Vero Beach. uninterrupted access to the beach 1/10117 facilities and associated parking. (Don Dexter) Indian River County LMS *Indicates jurisdiction interest in this project and support wherever necessary. Updated April 5, 2017 co W 1 of 2 Indian River County Local Mitigation Strategy Project Prioritization List For HMGP Applications related to Hurricane Matthew (FEMA -4283 -DR) o,`o a a� o a N Project Description Estimated Project Cost & Estimated Time of Completion Applicant/Responsible Party Mitigation to be Accomplished Hazards Mitigated Jurisdiction(s) Involved' Possible Funding Sources Date Confirmed/ Added 64 Culvert replacement for ditch/street $1 million City of Sebastian Replace all ditch culverts that Flood Sebastian CDBG, Emergency Relief, Eligible crossings >12 months Joe Griffin intersect streets to promote better FMAP, HMGP HMGP 11 drainage. 1/6117 (Wayne Esletine) 61 Jones' Pier floodproofing/elevation $600,000 Indian River County Elevating/floodproofing historic Flooding, All Jurisdictions HMGP, DHR Eligible 2 <12 months Community Development structures to above base flood Hurricane/tropical HMGP elevation (BFE); storm shutters; storm 111 012 01 7 drainage improvements (Roland DeBlois) Indian River County LMS "Indicates jurisdiction interest in this project and support wherever necessary. Updated April 5, 2017 cD A 2of2 DRAFT Attachment B - HMGP Application and Checklist STATE OF FLORIDA - HAZARD MITIGATION GRANT PROGRAM APPLICATION THIS SECTION FOR STATE USE ONLY FEMA- -DR-FL ❑ Standard HMGP ❑ 5% Initiative Application ❑ Application Complete ❑ Standard FMA ❑ Initial Submission or ❑ Re- Submission Support Documents Eligible Applicant Project Type(s) ❑ Conforms w/ State 409 Plan ❑ State or Local Government ❑ Wind ❑ In Declared Area ❑ Private Non -Profit (Tax ID Received) ❑ Flood ❑ Statewide ❑ Recognized Indian Tribe or Tribal Organization ❑ Other: Community NFIP Status: (Check all that apply) Reviewer Phone#: ❑ Participating Community ID#: Reviewer Fax#: ❑ In Good Standing ❑ Non -Participating ❑ CRS Reviewer E -Mail: Date Application Received: State Application ID: State Reviewer: Signature: Date: This application is for all Federal Emergency Management Agency (FEMA Region IV) Hazard Mitigation Grant Program (HMGP) proposals. Please complete ALL sections and provide the documents requested. If you require technical assistance with this application, please contact your State Emergency Management Division at (850) 922-5944. A. To Fill Out This Application: Complete all sections that correspond with the type of proposed project General Application Sections: All applicants must complete these sections Environmental Review: All applicants must complete these sections Maintenance Agreement. Any applications involving public property, public ownership, or management of property Damage Frequency Assessment Worksheet: Acquisition, Elevation, Floodproofing (if FIS and H&H are unavailable) -- one worksheet per structure Flood -Drainage Improvement Worksheet: Tornado Worksheet: Wind Retrofit Worksheet: Request for Public Assistance Form: Acquisition Forms: Application Completeness Checklist. B. Applicant Information Acquisition, Elevation, Floodproofing (if FIS and H&H are available) -- one worksheet per structure Safe Room Projects only Wind retrofit projects only -- one worksheet per structure FEMA Form 90-49 (Request for Public Assistance): All applicants must complete, if applicable. If project type is Acquisition, these forms must be completed. (Only one of the two Notice of Voluntary Interest forms is necessary.) Model Statement of Assurances for Property Acquisition Projects Declaration and Release Notice of Voluntary Interest (Town Hall Version) Notice of Voluntary Interest (Single Site Version) Statement of Voluntary Participation FEMA Model Deed Restriction Language All applicants are recommended to complete this checklist FEMA- -DR-FL DISASTER NAME: Hurricane Matthew Ex, FEMA -1609 -DR -FL: Hurricane Wilma Title / Brief Descriptive Project Summary: 1. Applicant (Organization): 2. Applicant Type: ®State or Local Government ®Recognized Native American Tribe ®Private Non -Profit Form No. HMGP 001, Eff. 06/2012 P95 DRAFT 3. County: 4. State Legislative House District(s): State Legislative Senate District(s): Congressional House District(s): 5. Federal Tax I.D. Number: 6. Data Universal Numbering System (DUNS): 7. FIPS Code*: (*if your FIPS code is not known, please fill out FEMA Form 90-49 (Request for Public Assistance) so that the Department may obtain a FIDS code for you) 8. National Flood Insurance Program (NFIP) Community Identification Number (this number can be obtained from the FIRM map for your area): 9. NFIP Community Rating System Class Number (if available): 10. NFIP Last Community Assistance Visit Date (FMA ONLY): . 11. Attach proof of current Flood Insurance Policy (PMA ONLY): 12. Point of Contact ❑Ms. ❑Mr. ❑Mrs. First Name: Last Name: Title: Street Address: City: State: Zip Code: . Telephone: Fax: Email Address: 13. Application Prepared by ❑Ms. ❑Mr. ❑Mrs. First Name: Last Name: Title: Telephone:. Fax: Email Address: 14, Authorized Applicant Agent (proof of authorization authority required) ❑Ms. ❑Mr. ❑Mrs. First Name: Last Name: Title: Telephone: Fax: Street Address: City: State: Zip Code: _ Email Address: Signature: Date: 15. All proposed projects should be included in the county's Local Mitigation Strategy (LMS). Attached is a letter of endorsement for the project from the county's Local Mitigation Strategy Chairperson. ❑Yes ❑No 16. Has this project been submitted and/or funded under a previous disaster event? If so please provide the disaster number and project number if available. Section I. Project Description A. Hazards to be Mitigated / Level of Protection 1. Select the type of hazards the proposed project will mitigate: ❑ Flood ❑ Wind ❑ Storm surge ❑ Other (list): 2. Identify the type of proposed project: ❑ Elevation and retrofitting of residential or non-residential structure ❑ Acquisition and relocation ❑ Acquisition and demolition ❑ Wind retrofit ❑ Minor drainage project that reduces localized flooding ❑ Other (please explain) Attach any continuations or additional items to this page Form No. HMGP 001, Eff. 06/2012 M-2 DRAFT 3. List the total number of persons that will be protected by the proposed project: 4. Fill in the level of protection and the magnitude of event the proposed project will mitigate. (e.g. 23 structures protected against the 100 -year [1%] flood) structure(s) protected against the structure(s) protected against -year Flood (10, 25, 50, loo, or 500 year) mile per hour (mph) winds 5. Engineered projects only (e.g. Drainage Improvements, Erosion Control or other special project types. [Other special project types include drainage and other engineered projects. These projects are unlike acquisition, elevation or wind retrofits/shutters.]) Attach to this page ALL engineering calculations and design plans used to determine the above level of protection. 6. Project will provide protection against the hazard(s) above for years. (i.e., what is the useful life of the project?) B. Project Description, Scope of Work, and Protection Provided (Must be Completed in Detail) 1. Describe, in detail, the existing problem, the proposed project, and the scope of work. Explain how the proposed project will solve the problem(s) and provide the level(s) of protection described in Part A. Also, if available, attach a vendor's estimate and/or a contractor's bid for the scope of work. Please ensure that each proposed project is mitigation and not maintenance. 2. Description of the existing problems: 3. Describe the type(s) of protection that the proposed project will provide: 4. Scope of Work (describe in detail what you are planning to do): 5. Describe any other on-going or proposed projects in the area that may impact, positively or negatively, the proposed HMGP or FMA project: Section II. Project Location (Fully describe the location of the proposed project.) A. Site 1. Describe the physical location of this project, including street numbers (or neighborhoods) and zip codes. If available, please provide precise longitude and latitude coordinates for the site utilizing a hand-held global positioning system (GPS) unit or the equivalent: 2. Title Holder: 3. Is the project site seaward of the Coastal Construction Control Line (CCCL)? ❑YES ❑NO 4. Provide the number of each structure type (listed below) in the project area that will be affected by the project. That is, all structures in project area. ❑ Residential property: ❑ Businesses/commercial property: ❑ Public buildings: ❑ Schools/hospitals/houses of worship: ❑ Other: Attach any continuations or additional items to this page Foran No. HMGP 001, Eff. 06/2012 P97 DRAFT I_d B. Flood Insurance Rate Map (FIRM) showinLy Proiect Site ❑ Attach two (2) copies of the FIRM map, a copy of the panel information from the FIRM, and, if available, the Floodway Map. FIRM maps are required for this application (if published for your area). Also, all attached maps must have the project site and structures clearly marked on the map. FIRMS are typically available from your local floodplain administrator who may be located in a planning, zoning, or engineering office. Maps can also be ordered from the Map Service Center at 1-800-358-9616. For more information about FIRMS, contact your local agencies or visit the FIRM site on the FEMA Web -page at https://msc.fema.gov/webapl2/wcs/stores/serviet/FemaWelcomeView?storeld=10001&cataloeld=10001 ManIg d=-] Using the FIRM, determine the flood zone(s) of the project site (Check all zones in the project area). (See FIRM legend for flood zone explanations) (A Zone must be identified) ❑ VE or V 1-30 ❑ AE or A 1-30 ❑ AO or AH ❑ A (no base flood elevation given) ❑ B or X (shaded) ❑ C or X (unshaded) ❑ Floodway ❑ Coastal Barrier Resource Act (CBRA) Zone (Federal regulations strictly limit Federal funding for projects in this zone. Please coordinate with your state agency before submitting an application for a CBRA Zone project). ❑ If the FIRM Map for your area is not published, please attach a copy of the Flood Hazard Boundary Map (F for your area, with the project site and structures clearly marked on the map. ❑Attach a copy of a Special Flood Hazard Area Flood Insurance Assurance(s). C. City or County Map with Project Site and Photographs ❑Attach a copy of a city or county scale map (large enough to show the entire project area) with the project site and structures marked on the map. ❑Attach a USGS TOPO map with project site clearly marked on the map. ❑For acquisition or elevation projects, include copy of Parcel Map (Tax Map, Property Identification Map, etc.) showing each property to be acquired. The map should include the Tax ID numbers for each parcel, if possible. ❑Attach photographs (a minimum of 2 photographs) for each project site per application. The photographs should be representative of the project area, including any relevant streams, creeks, rivers, etc., and drainage areas, which affect the project site or will be affected by the project. For each structure, please include the following angles: front, back and both sides. Attach any continuations or additional items to this page Form No. HMGP 001, Eff. 06/2012 M) P98 DRAFT Section III. Budget/Costs In this section, provide details of all the estimated costs of the project. As this information is used for the Benefit -Cost Analysis, reasonable cost estimates are essential. Do not include contingency costs in the budget. Avoid the use of lump sum costs. Note: To be eligible for HMA funding, pre -award costs must be identified as separate line items in the cost estimate of the application This must be done in addition to filline out the HMGP Pre -Award Cost Request Form Please mark each pre -award cost with an asterisk M. A. Materials item Dimension Quantity Cost per Unit Cost B. Labor (Include equipment costs. Please indicate all "soft" or in-kind matches. All in-kind match must be identified in the Section III. Budget/Costs of this application.) Description Hours Rate Cost C. Fees Paid (Include any other costs associated with the project.) Description o Task Hours Rate Cost Total Estimated Project Cost $ Attach any continuations or additional items to this page Form No. HMGP 001, Eff. 06/2012 P99 DRAFT D. Funding Sources (Round figures to the nearest dollar.) The maximum FEMA sharefor HMGPprojects is 75%. The other 25% can be made up of State and Local funds as well as in-kind services. The FMA program requires that the maximum in-kind match be no more than 12.5% of the total project costs. HMGP/FMA funds may be packaged with other Federal funds, but other Federal funds (except for Federal funds that lose their Federal identity at the State level such as CDBG and certain tribal funds) may not be used for the non -Federal share of the costs. Estimated FEMA Share Non -Federal Share Estimated Local Share Global Match Project Title: Other Agency Share (Identify Other Non -Federal Agency and availability date: Total Funding sources from above $ % of Total (maximum of 75%) % of Total (Cash) % of Total (In-kind*) % of Total (Project Global Match**) % of Total Total % (should equal 100%) *Identify proposed eligible activities directly related to project to be considered for In-kind services. (Note on Section B) **Separate project application must be submitted for each project (Global) Match project. E. Project Milestones/Schedule of Work List the major milestones in this project by providing an estimated time -line for the critical activities not to exceed a period of 3 years for performance, e.g. Designing, Engineering, Permitting, etc. These milestones should correspond with the scope of work and budget. Muestone Number of Das to Com Tete [Example: Demolition of 6 structures and removal of debris 14 days] Attach any continuations or additional items to this page Form No. HMGP 001, Eff. 06/2012 P100 DRAFT Section IV. Environmental Review and Historic Preservation Compliance (NOTE. This application cannot he processed if this section is not completed.) Because HMGP/FMA are federally funded programs, all projects are required to undergo an environmental and historic preservation review as part of the grant application process. Moreover, all projects must comply with the National Environmental Policy Act (NEPA) and associated Federal, State, Tribal, and Local statutes to obtain funding. NO WORK can be done prior to the NEPA review process. If work is done on your proposed project before the NEPA review is completed, it will NOT be eligible for Federal funding. A. The following information is required for the Environmental and Historic Preservation review: All projects must have adequate documentation to determine if the proposed project complies with_ NEPA and associated statutes. The State Environmental Staff provide comprehensive NEPA technical assistance for applicants, with their consent, to complete the NEPA review. The type and quantity of NEPA documents required to make this determination varies depending upon the project's size, location, and complexity. However, at a minimum, please provide the applicable documentation from this section to facilitate the NEPA compliance process. ❑ Detailed project description, scope of work, and budget/costs (Section I and Section III of this application). ❑ Project area maps with project site and staging area marked (Section II, part B & C of this application). ❑ Project area/structure photographs (Section II, part C of this application). ❑ Preliminary project plans. ❑ Project alternatives description and impacts (Section IV of this application). ❑ Please complete the applicable project worksheets. Dates of construction are requited for all structures. ❑ Environmental Justice — Attach documents regarding evaluation (required) and satisfactory resolution (if necessary) of Environmental Justice issues (Highly Disproportionate, Adverse Impacts [effects] on Minority or Low Income Populations.) Documents can include public meeting records, media reports, letters from interested persons and groups, studies on population, ethnic groups, quality of life, housing, economics, transportation, public services, schools, public health, recreation, voting, etc. ❑ Provide any applicable information or documentation referenced on the Information and Documentation Requirements by Project Type (p. 10 of this application). B. Executive Order 12898, Environmental Justice for Low Income and Minority Population Are there low income or minority populations in the project area or adjacent to the project area? If yes, please describe any disproportionate and adverse effects to these populations. To help evaluate the impact of the project, please indicate below any other information you are providing: ❑ Description of the population affected and the portion of the population that would be disproportionately and adversely affected. Please include specific efforts to address the adverse impacts in your proposal narrative and budget. ❑ Attached materials or additional comments. Attach any continuations or additional items to this page Form No. HMGP 001, Eff. 06/2012 P101 DRAFT C. Information required for Tribal Consultations Section 106 of the National Historic Preservation Act (NHPA) requires federal agencies to take into account the effect of their undertakings on historic properties. The NHPA requires that agencies must complete this process prior to the expenditure of any Federal funds on the undertaking. A Tribal Consultation is required for any project disturbing ground or moving soil, including but not limited to: drainage projects; demolition; construction; elevation; communication towers; tree removal; utility improvements. 1. Describe the current and future use of the project location. A land use map may be provided in lieu of a written description. 2. Provide information on any known site work or historic uses for project location. ❑ Attach a copy of a city or county scale map (large enough to show the entire project area) with the horizontal limits (ft) and vertical depths (sq ft) of all anticipated ground disturbance. D. Alternative Actions The NEPA process requires that at least two alternative actions be considered that address the same problem/issue as the proposed project. In this section, list two feasible alternative projects to mitigate the hazards faced in the project area. One alternative is the "No Action Alternative." 1. No Action Alternative Discuss the impacts on the project area if no action is taken. 2. Other Feasible Alternative Discuss a feasible alternative to the proposed project. This could be an entirely different mitigation method or a significant modification to the design of the current proposed project. Complete all of parts a -e (below) and include engineering details (if applicable). a. Project Description for the Alternative Describe, in detail, the alternative project. Also, explain how the alternative project will solve the problem(s) and/or provide protection from the hazard(s). b. Project Location of the Alternative (describe briefly) ❑Attach a map or diagram showing the alternative site in relation to the proposed project site []Photographs (2 copies) of alternative site Attach any continuations or additional items to this page Form No. HMGP 001, Eff. 06/2012 P102 DRAFT 1. Materials C. Scope of Work for Alternative Project d. Impacts of Alternative Project Below, discuss the impact of this alternative on the project area. Include comments on these issues as appropriate: Environmental Justice, Endangered Species, Wetlands, Hydrology (upstream and downstream surface water impacts), Floodplain/Hoodway, Historic Preservation and Hazardous Materials. e. Estimated Budget/Costs for Alternative Project In this section, provide details of all the estimated costs of the alternative project (round figures to the nearest dollar). A lump sum budget is acceptable. Item Dimension Ouantitv Cost per Unit Cost 2. Labor (Include equipment costs. Please indicate all "soft" or in-kind matches.) Hours Attach any continuations or additional items to this page Form No. HMGP 001, Eff. 06/2012 P103 DRAFT 3. Fees Paid (Include any other costs associated with the project.) Hours Total Estimated Project Cost $ Attach any continuations or additional items to this page Form No. HMGP 001, Eff. 06/2012 P104 DRAFT HMGP ENVIRONMENTAL REVIEW Information and Documentation Requirements by Project Type Retrofits to Existing Facilities/Structures Elevations Acquisitions with Demolition ✓ Dates of Construction ✓ Concurrence from State Historic Preservation Officer if structure is 50 years or older, if work to be done is outside the existing footprint or if there is six (6) inches or more of ground disturbance. Drainage Improvements ✓ Engineering plans/drawings ✓ Permit or Exemption letter to address any modifications to water bodies and wetlands o Department of Environmental Protection o Water Management District o U.S. Army Corps of Engineers ✓ Concurrence letter from State Historic Preservation Office addressing archeological impacts. Required if there is six (6) inches or more of ground disturbance. ✓ Concurrence from U.S. Fish and Wildlife addressing any impacts to wildlife, particularly endangered and threatened species and their habitats. ✓ if the project is in coastal area, attach a letter from the National Marine Fisheries Service addressing impacts to marine resources. ✓ Concurrence from Natural Resource Conservation Service if project is located outside city limits and may impact prime or unique farmland. Note: This is a general guideline for most projects. However, there will be exceptions. Consult with environmental staff on project types not listed Attach any continuations or additional items to this page Form No. HMGP 001, Eff. 06/2012 P105 DRAFT Section V. Maintenance Agreement All applicants whose proposed project involves the retrot or modification off existing public property or whose proposed project wou d result in the public ownership or management of property, structures, or facilities, must first sign the following agreement prior to submitting the application to FEMA. (NOTE: Those applicants whose project only involves the retrofitting, elevation, or other modification to private property where the ownership will remain private after project completion DO NOT have to complete this form.) The of , State of Florida, hereby agrees that if it receives any Federal aid as a result of the attached project application, it will accept responsibility, at its own expense if necessary, for the routine maintenance of any real property, structures, or facilities acquired or constructed as a result of such Federal aid Routine maintenance shall include, but not be limited to, such responsibilities as keeping vacant land clear of debris, garbage, and vermin; kee eg stream channels, culverts, and storm drains clear of obstructions and debris; andpkeeping detention ponds free of debris, trees, and woody growth. The purpose of this agreement is to make clear the Subgrantee's maintenance responsibilities following project award and to show the Subgrantee's acceptance of these responsibilities. It does not replace, supercede, or add to any other maintenance responsibilities imposed by Federal law or regulation and which are in force on the date of project award. Signed by the duly authorized representative (printed or typed name of signing official) (title) this (day) of (month), (year). Signature* *Please note: The above signature must be by an individual with legal signing authorityfor the respective local government or county (e.g., the Chairperson, Board of County Commissioners or the County Manager, etc.) P106 DRAFT HMGP Application Completeness Checklist' This checklist contains an explanation, example and/or reference for information requested in the application. Please use this checklist to assure your application is complete and includes the required information for HMGP projects. The appropriate documentation must also be attached. It is important to note that this checklist is similar to the form that will be used during the application sufficiency review by the HMGP staff. Project Title: _ Applicant: _ Application Requirements Explanation of Information Required ✓ Title/Brief The project title should include: 1) Name of Applicant, 2) Name of Project, 3) Descriptive Project Type of Project. (Example: City of Tallahassee City Hall Wind Retrofit) Summary 1. Applicant Name of organization applying. Must be an eligible applicant. 2. Applicant Type State or local government, recognized Native American tribe, or private non- profit organization. If private non-profit, please attach documentation showing legal status as a 501(C). (Example: IRS letter, Tax Exempt Certificate) 3. County Indicate county in which the project is located. 4. State Legislative Specify the appropriate State Senate, House and Congressional District code & Congressional for the project site. For multiple sites, please list codes for each site. District(s) http://www.mvfloridahouse.gov/sections/representatives/myrepresentative.as Ox 5. Federal Tax I.D. List the FEIN number. May be obtained from your finance/accounting Number department. 6. DUNS Number Include DUNS number in appropriate location on application. If none, please refer to HMGP FAQ's in Application Reference Material for instructions on obtaining a DUNS number. 7. FIPS Code List the FIPS Code. May be obtained from your finance/accounting/grants department. If none, please submit FEMA Form 90-49. 8. NFIP ID Number List the NFIP number. You must be a participating NFIP member to be eligible for HMGP funding. Please make sure that the number is the same as the panel number on the FIRM provided with the application. 9. Point of Contact Please provide all pertinent information for the point of contact. If this information changes once the application is submitted, please contact the HMGP staff immediately. 10. Application Please provide the preparer information. May be different from the point of Prepared By P107 DRAFT Section I - Project Description A. Hazards to be Mitigated/Level of Protection 1. Type of Hazards contact (line 8) and/or the applicant's agent (line 10). 11. Authorized An authorized agent must sign the application. "An authorized agent is the Applicant chief elected official of a local government who has signature authority, so for Agent a county it would be the Chairman of the Board of County Commissioners 2. Identify the Type and for a municipality it would be the Mayor (the exact title sometimes of Proposed varies). Any local govemment may delegate this authority to a subordinate Project official (like a City or county Manager) by resolution of the governing body 3. Number of (the Board of County Commissioners or Board of City Commissioners). If a Persons local govemment delegates signature authority, a copy of the resolution by Protected the governing body authorizing the signature authority for the individual 4. Level of signin must be provided." 12. LMS Letter A letter of endorsement for the project and its priority number from the Local Mitigation Strategy must be included. Refer to Sample LMS Letter. Applications without a letter of endorsement will not be processed. Section I - Project Description A. Hazards to be Mitigated/Level of Protection 1. Type of Hazards Identify the hazard(s) that the proposed project will mitigate. More than one the Proposed hazard may be selected. Project will Mitigate 2. Identify the Type Describe the mitigation project being proposed. (Example: drainage, wind of Proposed retrofit, etc.) Project 3. Number of Explain how many people will be protected by or benefit from the proposed Persons project. Protected 4. Level of Specify the level of protection and magnitude of the event the proposed Protection project will mitigate. Attach support documentation that verifies the stated level of protection. (Example: In a wind retrofit project, the product specifications should include product test results or a signed and sealed letter from a professional engineer assuring the wind standard, missile impact, etc.) 5. Engineered Include available engineering calculations, studies, and designs for the Projects Only (e.g. proposed project (for engineered projects only). Drainage) 6. Life of the project Determine the useful life of this project. If FEMA's standard values are not used, please attach support documentation as a justification of the value entered. (Example: in a wind retrofit project, the product specifications should include product life.) FEMA's standard values are: infrastructure and major drainage, 50; elevations and minor drainage, 30; wind, 15; acquisition, 100. P108 DRAFT B. Project Description, Scope of Work, and Protection Provided (Must be Completed in Detail) 1. Existing Problem Describe the existing problem, location, source of the hazard, and the history Location and extent of the damage. Include newspaper articles, insurance documentation, photographs, etc. If this project is eligible for PA (406) mitigation activities, please describe the 406 activities. 2. Type of Determine how the funding will solve the existing problem and provide Protection protection. 3. Scope of Work: Determine the work to be done. The scope of work must meet eligibility What the Project based on HMGP regulations and guidance. Explain how the proposed Proposes to Do problem will be solved. (NOTE: The proposed project must be a mitigation action, not maintenance.) Does the proposed project solve a problem independently or constitute a functional part of a solution where there is assurance that the project as a whole will be completed (44 CFR 206.434[b][4])? Does the proposed project address a problem that has been repetitive or that poses a significant risk to public health and safety if left unresolved (44 CFR 206.434[b][5][i])? See Sample Scope of Work Language in HMGP Application Reference Material. Generators should not be included in the scope of work unless said generator only powers the mitigation element or is for a critical facility. 4. On -Going or Determine if other projects, zoning changes, etc. are planned (particularly in Proposed the same watershed if flooding is being addressed) that may negatively or Projects in the positively impact the proposed project. If there is a drainage project or Area downstream issue elsewhere, it may eliminate the current flooding issue, erasing the need for the proposed project. Answer Yes/No or unknown with an explanation required if yes. Response applies to drainage and acquisition projects. N/A is appropriate in wind retrofit shutter projects only. If this project is also being considered under the Public Assistance Program (406), please describe in detail the 406 mitigation activities and/or services. Do not include project costs associated with the above referenced HMGP application. Section II - Project Location A. Site 1. Physical List the physical location of the project site(s) including the street number(s), Location zip code(s) and GPS coordinates (latitude/longitude). The physical address must correspond with the address locations specified on maps submitted with the application. 2. Title Holder Provide the titleholder's name. 3. Project Seaward Determine if the project site is located seaward of the Coastal Construction of the CCCL? P109 DRAFT B. Flood Insurance Rate Map (FIRM) Showing Project Site 1. Copies of FIRM Control Line. 4. Number and Specify the number and type of properties affected by the project. Types of Structures (Example: Drainage project that affects 100 homes, 15 businesses and 2 Affected schools. What does the project protect? Should have a number next to the ) p 1 2. Flood Zone box that is checked. (See Section II, Item 4.) B. Flood Insurance Rate Map (FIRM) Showing Project Site 1. Copies of FIRM Attach a copy (or copies) of the FIRM and clearly identify the project site. with Project Site The FIRM Panel number must be included. To obtain a FIRM map, go to http://www.store.msc.fema.gov/. See instructions on How to make a 2. USGS TOPO with FIRMette. 2. Flood Zone Specify the flood zone(s) of the project site(s). If project is located in a Determination Special Flood Hazard Area, proof of flood insurance will need to be provided. Amount of coverage must be equal to or greater than the amount of Federal mitigation funding obligated to the project. 3. Flood Hazard Not required if a copy of the FIRM is attached. Boundary Map site. The photos must be representative of the project area, including any (FHBM) relevant streams, creeks, rivers, etc., and drainage areas, which affect the Note: All maps must be linked to the application. C. City or County Map with Project Site and Photographs 1. City/County Map The project site and staging location (if applicable) should be clearly marked with Project Site on a legible City/County map. The map should be large enough to show the project site. More than one map may be required. 2. USGS TOPO with The project site should be clearly marked on a legible USGS 1:24,000 TOPO Project Site map. To obtain a TOPO map, go to http://www.Digital-Topo-Maps.com 3. Parcel/Tax Map A Parcel, Tax or Property Identification map is required only for acquisition and elevation projects. The location of the structure must be clearly identified. 4. Site Photograph At least two sets of photographs are required that clearly identify the project site. The photos must be representative of the project area, including any relevant streams, creeks, rivers, etc., and drainage areas, which affect the project site or will be affected by the project. The front, back and both side angles are required for each structure. For acquisition and elevation projects, a photo taken away from the structure (in front toward the street, and in back toward backyard) to show the area along with photographs of specific elements of the structure affected by the project (windows for shutters or window replacements) should also be provided. Please label photographs appropriately. In addition, CDs may be submitted. Note: All maps must be linked to the application. Pilo DRAFT Section III - Budget/Costs Please make sure all calculations are correct. Provide a breakdown of materials, labor and fees paid for the proposed project. Support documentation must be attached, i.e. vendor's quote, professional estimate (from engineer, architect, local building official, etc.). The proposed budget line items should represent allowable costs associated with the scope of work. Please make sure contingency costs are not included. It is important to complete this section; it will be used for the Benefit -Cost Analysis (BCA). Costs should be accurate, complete and reasonable compared to industry standards. Make sure the total cost is correct on the entire application. A. Materials Describe the cost of materials. B. Labor Provide a breakdown of description, hours, rate, and cost or lump sum labor cost. Can use "in-kind" contribution as part of the 25% match. (Attach support documentation for in-kind match to detail wages and salaries 2. Estimated Local charged for any in-kind contribution: No overtime wages can be used to Share satisfy. "in-kind" match contributions). C. Fees Paid Provide a breakdown of associated fees i.e., consultants, studies, engineering, permits. Maintenance is not an allowable cost under HMGP. 3. Total In -Kind Pre -award costs may be requested (See Pre -award Costs guidance). Total Estimated Please make sure all calculations are correct. This figure should be the Project Cost same as the figure for total funding. D. Funding Sources (round figures to the nearest dollar) The proposed sources of non-federal matching funds must meet eligibility requirements. (Except as provided by Federal statute, a cost-sharing or matching requirement may not be met by costs borne by another Federal grant.) 44 CFR 13.24 (b)(1). 1. Estimated FEMA The estimated FEMA share is generally 75%. If the FEMA share is not 75%, Share assure actual amount is entered. It could be 50% or 35%, etc. of the total dollar amount of project depending on county allocation and LMS priority. This figure cannot exceed 75%. 2. Estimated Local May include all 3 sources, i.e. cash, "in kind" and global match, as long as Share the total is a minimum of 25%. Match cannot be derived from a federal agency except Federal funds that lose their federal identity (e.g., CDBG funding and certain tribal funding). 3. Total In -Kind May use materials, personnel, equipment, and supplies owned, controlled and operated from within governing jurisdiction as an in-kind match. Third party in-kind contributions would be volunteer services, employee services from other organizations furnished free of charge, donated supplies, and loaned equipment or space. The value placed on these resources must be at a fair market value and must be documented. If in-kind is claimed from outside the applicant jurisdiction, it must be cash only. 4. Total Project Project (global) match must 1) meet all the eligibility requirements of HMGP; (Global) Match and 2) begin after FEMA's approval of the match project. A separate HMGP application must be submitted for global match projects. Indicate which P111 DRAFT E. Project Milestones/Schedule of Work 1. Milestones Identify the major milestones in the proposed project and provide an (Schedule) estimated time -line (e.g. Designing, Engineering — 3 months, Permitting — 6 months, Procurement — 30 days, Installation — 6 months, Contracting — 1 month, Delays, Project Implementation, Inspections, Closeout, etc. See Typical Project Milestones for estimated time -frames) for the critical activities not to exceed a period of 3 years for performance. Milestones should not be grouped together but listed individually. Please allot for the appropriate amount of time. Section IV - Environmental Review & Historic Preservation Compliance A. No work can begin prior to the completion of the environmental (NEPA) review. In order for the Environmental staff to conduct the NEPA review, all sections listed below must be completed. 1. Detailed Project project(s) will be matched. The global match is not required to be an Description, Scope identical project. Projects submitted as global match for another project must of Work & meet the same period of performance time constraints as the HMGP. 5. Total Funding Total must represent (100%) of the total estimated project cost. E. Project Milestones/Schedule of Work 1. Milestones Identify the major milestones in the proposed project and provide an (Schedule) estimated time -line (e.g. Designing, Engineering — 3 months, Permitting — 6 months, Procurement — 30 days, Installation — 6 months, Contracting — 1 month, Delays, Project Implementation, Inspections, Closeout, etc. See Typical Project Milestones for estimated time -frames) for the critical activities not to exceed a period of 3 years for performance. Milestones should not be grouped together but listed individually. Please allot for the appropriate amount of time. Section IV - Environmental Review & Historic Preservation Compliance A. No work can begin prior to the completion of the environmental (NEPA) review. In order for the Environmental staff to conduct the NEPA review, all sections listed below must be completed. 1. Detailed Project Complete Sections I & III of the application. Description, Scope of Work & Bud et/Costs 2. Project Area Maps Complete Section II, part B & C of the application. 3. Project Complete Section II. Area/Structure Photographs 4. Preliminary For shutters see the scope of work and for drainage & elevation see Project engineering drawings. Plans 5. Project Dates of construction are required for all structures. See worksheets. Worksheets — Dates of Construction Required on All Projects 6. Documentation Provide any of the required documentation as listed on page 9 in the Requirements by Information and Documentation Requirements by Project Type that may Project Type have already been obtained. P112 DRAFT B. Executive Order 12898, Environmental Justice for Low Income and Minority Population 1. Documentation of Determine the proportion of the population, in either the project zip code or Environmental city, characterized as having a minority background, and proportion of the Justice population living below poverty level. Go to h_ttp://www.census.pov/. If yes, complete Section IV, part B. C. Information required for Tribal Consultation 1. Documentation for For all projects with any ground disturbing activities, complete Section IV part Tribal C. Consultation D. Alternative Actions 1. No Action Alternative Please discuss the impacts on Vie project area if no action is 2. Labor Optional taken. 2. Other Feasible Has the proposed project been determined to be the most Alternative Action practical, effective and environmentally sound alternative after consideration of a range of options? (44 CFR 206.434[b][5][iii]) a. Project NEPA requires that at least three alternatives must be presented to Description for mitigate the problem. In addition to the proposed action and no the Alternative action, one other feasible alternative must be provided. Describe how the alternative project will solve the problem and provide b. Project Location of the Alternative protection from the hazard. (describe briefly) c. Scope of Work for Alternative Project d. Impacts of the Alternative Project E. Estimated Budget/Costs for Alternative Project 1. Materials Optional 2. Labor Optional 3. Fee Paid Optional Total Estimated Project Costs Total cost is required. Vendor quote is not required. A lump sum budget may be submitted as justification to why this alternative was not chosen. P113 DRAFT Section V — Other Required Documentation 1. Maintenance Please complete, sign and date the maintenance agreement. The Agreement maintenance agreement must be signed by an individual with signature authority, preferably the authorized agent. 2. FFATA Form Please complete, sign and date the FFATA Project File Form. Instructions are provided for your convenience. 3. SFHA Required for all projects in the Special Flood Hazard Area. Read and sign the Acknowledgement SFHA Acknowledgement of Conditions document. This form must be of Conditions notarized, signed by the local jurisdiction and the property owner. 4. Pre -award Cost If pre -award costs are being requested with your project, please be sure to Form identify all pre -award costs in the application budget per instructions. The pre -award cost form must be completed and submitted with your application. 5. Request for Applicable if no FIPS number is assigned to applicant/recipient. Public Assistance Form 6. Model Statement For Acquisition projects only. of Assurances for Property Acquisition Projects 7. Declaration and For Acquisition projects only. Must be signed by all persons whose names Release are on the property deed. 8. Notice of For Acquisition projects only. Two forms are included for your convenience. Voluntary Interest Please use the form that is most appropriate to your situation. Must be signed by all persons whose names are on the property deed. 9. Statement of For Acquisition projects only. Must be signed by all persons whose names Voluntary are on the property deed. Participation for Acquisition of Property for Purpose of Open Space P114 May 12, 2017 Attachment C - HMGP Letter ORCA VVidifire Protection 5-12-17 Indian River County Board of County Commissioners Department of Emergency Services 4225 43rd Avenue, Vero Beach, Florida 32967-1671 Miles E. Anderson, State Hazard Mitigation Officer Florida Division of Emergency Management 2555 Shumard Oaks Boulevard Tallahassee, Florida 32399-2100 Re: Hazard Mitigation Grant Program (HMGP) applications FEMA-4283-DRFL Hurricane Matthew . IRC LMS Project Description Prioritized Project Number 1 Oslo Riverfront Conservation Area hazardous tree removal. Dear Mr. Anderson, The Indian River County Local Mitigation Strategy (LMS) working group has approved by vote and prioritized the attached project list for HMGP funding from this disaster. These projects align with our LMS goals and objectives and with the State's mitigation goals and objectives (in accordance with the Code of Federal Regulations 44§ 201.6.) The Indian River County LMS group therefore presents the project list attached in the order in which they are to be considered for funding. For further information or inquiry, please feel free to contact me. Sincerely, Jo4 King, irector LMS Chairman 911 / REP / Radio System Animal Control Fire Rescue Emergency Management 772-226-3900 772-226-3485 772-562-2028 772-567-2154 Fax 772-569-1251 Fax 772-226-1296 Fax 772-770-5117 Fax 772-567-9323 P115 Attachment D - HMGP Letter Con Lands Rx Burn 5-12-17 ,., Indian River County Board of County Commissioners Department of Emergency Services 4225 43rd Avenue, Vero Beach, Florida 32967-1671 May 12, 2017 Miles E. Anderson, State Hazard Mitigation Officer Florida Division of Emergency Management 2555 Shumard Oaks Boulevard Tallahassee, Florida 32399-2100 Re: Hazard Mitigation Grant Program (HMGP) applications FEMA-4283-DRFL Hurricane Matthew IRC LMS Prioritized Project Number Project Description 6 Conservation Area Prescribed Burn Dear Mr. Anderson, The Indian River County Local Mitigation Strategy (LMS) working group has approved by vote and prioritized the attached project list for HMGP funding from this disaster. These projects align with our LMS goals and objectives and with the State's mitigation goals and objectives (in accordance with the Code of Federal Regulations 44§ 201.6.) The Indian River County LMS group therefore presents the project list attached in the order in which they are to be considered for funding. For further information or inquiry, please feel free to contact me. Sincerely, �L ' n King, -rector LMS Chair n 911 / REP / Radio System Animal Control Fire Rescue Emergency Management 772-226-3900 772-226-3485 772-562-2028 772-567-2154 Fax 772-569-1251 Fax 772-226-1296 Fax 772-770-5117 Fax 772-567-9323 P116 k INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM: James D. Gray, Jr. Coastal Engineer SUBJECT: Notice of Application for Hurricane Matthew HMGP Grant Funding Wabasso Causeway Fishing Pier Removal DATE: May 31, 2017 DESCRIPTION AND CONDITIONS On February 8, 2017, the Florida Division of Emergency Management announced the availability of Hazard Mitigation Grant Program (HMGP) funds resulting from the Presidential Disaster Declaration for Hurricane Matthew (FEMA 4283 -DR -FL). The purpose of the Hazard Mitigation Grant Program (HMGP) is to assist communities in implementing hazard mitigation measures following a major federal disaster declaration. The HMGP program is a federally funded program that is allocated and distributed by the State. There are three funding tiers: Tier One is the initial allocation of submitted and eligible projects which are funded in order of priority as endorsed by the LMS Working Group; Tier Two and Three allocates remaining funds to applicants whose projects are not funded through the Tier One phase as funding is available. HMGP is a cost -reimbursement grant program and will fund up to 75% for eligible projects. The 25% match may be a combination of cash and in-kind sources. Hazard mitigation is any action taken to reduce or eliminate long term risk to people and property from natural hazards. Indian River County is an eligible applicant as it has a FEMA -approved local mitigation plan and has a formally adopted Local Mitigation Strategy (LMS) (Resolution No. 2010-059 adopted on July 13, 2010, and revised Resolution No. 2015-078 adopted July 7, 2015). Indian River County's estimated funding allocation for Hurricane Matthew is $437,838.87. Indian River County's LMS Working Group members met on January 6, 2017, and created a prioritized project list for the HMGP eligible projects. That list was narrowed down to a total of 18 projects that were considered not only eligible, but practical. This list was revised again in April 2017 after Florida Department of Emergency Management review and narrowed further to a list of 12 county -wide projects which included the Wabasso Causeway Fishing Pier Removal (ranked #4). HMGP applications are due to the State of Florida Division of Emergency Management by June 9, 2017. C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@F40481 FA\@BCL@F40481 FA.docx P117 Page 2 BCC Agenda Item June 6, 2017 Prosect Priority #4 — Wabasso Causeway Fishing Pier Removal The Wabasso Fishing Pier was significantly impacted by the passing of Hurricane Matthew in early October 2016, causing approximately 400 LF of the Pier superstructure to be displaced from its substructure and deposited into the Indian River Lagoon south of its previous location. The current status of the fishing pier causes potential navigation hazards as well as a threat to the surrounding CR 510 Causeway. As the Wabasso fishing pier is currently damaged beyond repair, the proposed HMGP project proposes to demolish and completely remove the pier in an effort to mitigate potential public health and safety hazards. HMGP funding in the amount of $500,000 is intended to be applied to the design, permitting, and demolition phases of the project. FUNDING The total cost for the Wabasso Fishing Pier removal project is estimated at $1.1 Million. The HMGP grant will provide up to $375,000 with a required local match of $125,000. Funding for the local match and the remaining project costs, estimated at $600,000, are available from the Florida Boating Improvement Fund Account No. 13321072-033490. Staff is also pursuing additional funding under Category A, Debris Removal under FEMA 4283 -DR -FL. If awarded, the grant agreement will be presented to the Board of County Commissioners for final funding approval and grant execution. RECOMMENDATION Staff is requesting authorization to finalize and submit the HMGP Application for Wabasso Causeway Fishing Pier Removal, identified by the LMS as Project Priority #4 for Indian River County in the amount of $500,000, and further authorize the County Administrator to sign the grant application after review by the County Attorney for legal sufficiency. ATTACHMENT Attachment A — Indian River County Local Mitigation Strategy Project Prioritization list for HMGP Applications related to Hurricane Matthew (FEMA -4283 -DR) updated April 5, 2017. Attachment B — State of Florida — Hazard Mitigation Grant Program Application Form APPROVED AGENDA ITEM FOR: JUNE 6, 2017 C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@F40481 FA\@BCL@F40481 FA.docx P118 Indian River County Attachment A - LMS PPL HMGP Eligibility Status April 5 2017 Local Mitigation Strategy Project Prioritization List For HMGP Applications related to Hurricane Matthew (FEMA -4283 -DR) T 41 Estimated Project 3 c c 0 m c c Project Description Cost & Applicant/Responsible Mitigation to be Accomplished Hazards Jurisdiction(s) Possible Funding Sources Date Confirmed/ o. o. a N Estimated Time of Party Mitigated Involved' Added Completion 95 Oslo Riverfront Conservation Area $50,000 Indian River County Removal of approximately 10 acres Hurricane/Tropical All Jurisdictions FWS/DEP. Eligible 1 hazardous tree removal. 12-24 months Parks Division of large, hazardous Australian pine Storm/Wildfire HMGP Beth Powell and Brazillian pepper trees 1/13/17 adjacent to private property/homes. (Beth Powell) 94 Replace and upgrade roof of the $450,000 City of Vero Beach The police department serves as Hurricane/Tropical City of Vero Beach HMGP, CDBG, Pre -disaster Eligible Vero Beach Police Department 12 months Don Dexter the citys EOC and the existing roof Storm Mitigation Program HMGP 2 building. is approximately 30 years old and 1/10/17 does not meet current wind load (Don Dexter) 93 Fellsmere Culvert replacement $630,000 City of Fellsmere Replacement of all existing culverts Hurricane and Multiple CDBG, HMGP, DRI, USDA, Eligible 3 6 months Jason Nunemaker along New York/97th Street with Tropical Storm EDA HMGP RCP at proper intervals to reduce 116117 head loss to Park Lateral. (Jason Nunemaker) 90 Causeway fishing pier $500,000 Indian River County Remove destroyed fishing pier to Tropical All Jurisdictions HMGP, FWC/DEP, FIND, DOT, Eligible removal 48 months Coastal Engineering avoid public health and safety Storm/Hurricane, Boater Improvement Fund HMGP 4 lWabasso James Gray hazards. Flood, and 1113/17 Transportation (James Gray) 85 Retrofitting Gifford Youth Activity' $150,000 Gifford Youth Activity Harden facility windows for disaster Humcane/Tropical Indian River County HMGP Eligible Center <12 months Center, Inc. activities. Storm HMGP 5 Freddie Woolfork 1/6/17 (Freddie Woolfork) 85 Conservation Area Prescribed Burn $255,000 Indian River County Purchase of equipment contract Wildfire All jurisdictions HMGP Eligible 12-36 months Parks Division work to treat areas vulnerable to HMGP Beth Powell wildfire,especially 1/6117 6 areawith dad material (Beth Powell) Hurricane Matthew through mechanical means and prescribed hurnn 80 Barber Street bridge replacement $2.5 million City of Sebastian Ensures traffic circulation, Hurricane/tropical City of Sebastian CDBG, HMGP, EDA Eligible >12 months Joe Griffin emergency response, and public storm, erosion, and HMGP transportation from the city to U.S. flooding 1/6/17 #1, C.R. 512, and 1-95. (Wayne Eseltine 78 Install flood control structures Vero $60,000 City of Vero Beach Installation will help to minimize Flooding, City of Vero Beach HMGP, FDEP Eligible Isles. 12 months Don Dexter tidal flooding of the homes and hurricane/tropical HMGP 8 businesses from the Indian River storm, tsunami 116117 Lagoon to 8th Avenue in the (Monte Falls) Miracle Mile and Royal Palm Point shopping areas. 74 Culvert/Pipe for Stonecrop Main $500,000 City of Sebastian Ensures circulation of storm water Hurricane/tropical Sebastian HMGP, FMA, SJRWMD, FPMS Eligible 9 ditch alignment <12 months Joe Griffin system and reduces possible storms, flooding, HMGP flooding and property damage. erosion 116117 (Wayne Eslet*nel 72 Construction of seawall/revetment $600,000 City of Vero Beach Residents and business owners will Flood and erosion Vero Beach HMGP Eligible along Humiston Beach in the City of >12 months Don Dexter benefit from continued and HMGP 10 Vero Beach. uninterrupted access to the beach 1110117 facilities and associated parking. (Don Dexter) Indian River County LMS 'Indicates jurisdiction interest in this project and support wherever necessary. Updated April 5, 2017 1 of 2 Indian River County Local Mitigation Strategy Project Prioritization List For HMGP Applications related to Hurricane Matthew (FEMA -4283 -DR). `o a` T `o IL U Project Description Estimated Project Cost & Estimated Time of Completion Applicant/Responsible Party Mitigation to be Accomplished Hazards Mitigated Jurisdictions) Involved* Possible Funding Sources Date Confirmed/a Added 64 Culvert replacement for ditch/street $1 million City of Sebastian Replace all ditch culverts that Flood Sebastian CDBG, Emergency Relief, Eligible crossings >12 months Joe Griffin intersect streets to promote better FMAP, HMGP HMGP 11 drainage. 1/6117 (Wayne Esletine) 61 Jones' Pier floodproofing/elevation $800,000 Indian River County Elevating/floodproofing historic Flooding, All Jurisdictions HMGP, DHR Eligible. 12 <12 months Community Development structures to above base flood Hurricane/tropical HMGP elevation (BFE); storm shutters; storm 111 012 01 7 drainage improvements (Roland DeBlois) Indian River County LMS *Indicates jurisdiction interest in this project and support wherever necessary. Updated April 5, 2017 2 of 2 DRAFT Attachment B - HMGP Application and Checklist STATE OF FLORIDA - HAZARD MITIGATION GRANT PROGRAM APPLICATION FEMA- -DR-FL Support Documents ❑ Conforms w/ State 409 Plan ❑ In Declared Area ❑ Statewide THIS SECTION FOR STATE USE ONLY ❑ Standard HMGP ❑ 5% Initiative Application ❑ Application Complete ❑ Standard FMA ❑ Initial Submission or ❑ Re- Submission Eligible Applicant Project Type(s) ❑ State or Local Government ❑ Wind ❑ Private Non -Profit (Tax ID Received) ❑ Flood ❑ Recognized Indian Tribe or Tribal Organization ❑ Other: Community NFIP Status: (Check all that apply) ❑ Participating Community ID#: ❑, In Good Standing ❑ Non -Participating ❑ CRS State Application ID: State Reviewer: Signature: Reviewer Phone#: Reviewer Fax#: Reviewer E -Mail: Date Application Received: Date: This application is for all Federal Emergency Management Agency (FEMA Region IV) Hazard Mitigation Grant Program (HMGP) proposals. Please complete ALL sections and provide the documents requested. If you require technical assistance with this application, please contact your State Emergency Management Division at (850) 922-5944. A. To Fill Out This Application: Complete all sections that correspond with the type of proposed project General Application Sections: All applicants must complete these sections Environmental Review: All applicants must complete these sections Maintenance Agreement: Any applications involving public property, public ownership, or management of property Damage Frequency Assessment Worksheet: Acquisition, Elevation, Floodproofing (if FIS and H&H are unavailable) -- one worksheet per structure Flood -Drainage Improvement Worksheet: Tornado Worksheet: Wind Retrofit Worksheet Request for Public Assistance Form: Acquisition Forms: Application Completeness Checklist: B. Applicant Information Acquisition, Elevation, Floodproofing (if FIS and H&H are available) -- one worksheet per structure Safe Room Projects only Wind retrofit projects only -- one worksheet per structure FEMA Form 90-49 (Request for Public Assistance): All applicants must complete, if applicable. If project type is Acquisition, these forms must be completed. (Only one of the two Notice of Voluntary Interest forms is necessary.) Model Statement of Assurances for Property Acquisition Projects Declaration and Release Notice of Voluntary Interest ('Town Hall Version) Notice of Voluntary Interest (Single Site Version) Statement of Voluntary Participation FEMA Model Deed Restriction Language All applicants are recommended to complete this checklist FEMA- -DR-FL DISASTER NAME: Hurricane Matthew Ex., FEMA -1609 -DR -FL: Hurricane Wilma Title / Brief Descriptive Project Summary: 1. Applicant (Organization): 2. Applicant Type: ®State or Local Government ®Recognized Native American Tribe ®Private Non -Profit Form No. HMGP 001, Eff. 06/2012 P121 DRAFT 3. County: 4. State Legislative House District(s): State Legislative Senate District(s): Congressional House District(s): 5. Federal Tax I.D. Number: 6. Data Universal Numbering System (DUNS): 7. FIPS Code*: (*if your FIPS code is not known, please fill out FEMA Form 90-49 (Request for Public Assistance) so that the Department may obtain a FIPS code for you) 8. National Flood Insurance Program (NFIP) Community Identification Number (this number can be obtained from the FIRM map for your area): 9. NFIP Community Rating System Class Number (if available): 10. NFIP Last Community Assistance Visit Date (FMA ONLY): 11. Attach proof of current Flood Insurance Policy (FMA ONLY): 12. Point of Contact Elms. ❑Mr. Title: Street Address: City: Telephone: Email Address: ❑Mrs. First Name: State: Fax: 13. Application Prepared by ❑Ms. ❑Mr. ❑Mrs. First Name: Title: Telephone: Email Address: Last Name: Zip Code: Last Name: Fax: 14. Authorized Applicant Agent (proof of authorization authority required) ❑Ms. ❑Mr. ❑Mrs. First Name: Last Name: Title: Telephone: Fax: Street Address: City: State: Zip Code: _ Email Address: Signature: Date: 15. All proposed projects should be included in the county's Local Mitigation Strategy (LMS). Attached is a letter of endorsement for the project from the county's Local Mitigation Strategy Chairperson. ❑Yes ❑No 16. Has this project been submitted and/or funded under a previous disaster event? If so please provide the disaster number and project number if available. Section I. Project Description A. Hazards to be Mitigated / Level of Protection 1. Select the type of hazards the proposed project will mitigate: ❑ Flood ❑ Wind ❑ Storm surge ❑ Other (list): 2. Identify the type of proposed project: ❑ Elevation and retrofitting of residential or non-residential structure ❑ Acquisition and relocation ❑ Acquisition and demolition ❑ Wind retrofit ❑ Minor drainage project that reduces localized flooding ❑ Other (please explain) Attach any continuations or additional items to this page Form No. HMGP 001, Eff. 06/2012 P122 DRAFT 3. List the total number of persons that will be protected by the proposed project: 4. Fill in the level of protection and the magnitude of event the proposed project will mitigate. (e.g. 23 structures protected against the 100 -year [1%] flood) structure(s) protected against the structure(s) protected against -year Flood (10, 25, 50, 100, or 500 year) mile per hour (mph) winds 5. Engineered projects only (e.g. Drainage Improvements, Erosion Control or other special project types. [Other special project types include drainage and other engineered projects. These projects are unlike acquisition, elevation or wind retrofits/shutters.]) Attach to this page ALL engineering calculations and design plans used to determine the above level of protection. 6. Project will provide protection against the hazard(s) above for years. (i.e., what is the useful life of the prof ect?) B. Project Description, Scope of Work, and Protection Provided (Must be Completed in Detail) 1. Describe, in detail, the existing problem, the proposed project, and the scope of work. Explain how the proposed project will solve the problem(s) and provide the level(s) of protection described in Part A. Also, if available, attach a vendor's estimate and/or a contractor's bid for the scope of work. Please ensure that each proposed project is mitigation and not maintenance. 2. Description of the existing problems: 3. Describe the type(s) of protection that the proposed project will provide: 4. Scope of Work (describe in detail what you are planning to do): 5. Describe any other on-going or proposed projects in the area that may impact, positively or negatively, the proposed HMGP or FMA project: Section II. Project Location (Fully describe the location of the proposed project.) A. Site 1. Describe the physical location of this project, including street numbers (or neighborhoods) and zip codes. If available, please provide precise longitude and latitude coordinates for the site utilizing a hand-held global positioning system (GPS) unit or the equivalent: 2. Title Holder: 3. Is the project site seaward of the Coastal Construction Control Line (CCCL)? ❑YES ❑NO 4. Provide the number of each structure type (listed below) in the project area that will be affected by the project. That is, all structures in project area. ❑ Residential property: ❑ Businesses/commercial property: ❑ Public buildings: ❑ Schools/hospitals/houses of worship: ❑ Other: Attach any continuations or additional items to this page Form No. HMGP 001, Eff. 06/2012 P123 DRAFT B. Flood Insurance Rate Man (FIRMI showing Proiect Site ❑ Attach two (2) copies of the FIRM map, a copy of the panel information from the FIRM, and, if available, the Floodway Map. FIRM maps are required for this application (if published for your area). Also, all attached maps must have the project site and structures clearly marked on the map. FIRMS are typically available from your local floodplain administrator who may be located in a planning, zoning, or engineering office. Maps can also be ordered from the Map Service Center at 1-800-358-9616. For more information about FIRMs, contact your local agencies or visit the FIRM site on the FEMA Web -page at https://msc.fema. sov/webann/wcs/stores/servlet/FemaW elcomeView?storel d=10001 &catalogld=10001 Man d=-] Using the FIRM, determine the flood zone(s) of the project site (Check all zones in the project area). (See FIRM legend for flood zone explanations) (A Zone must be identified) ❑ VE or V 1-30 ❑ AE or A 1-30 ❑ AO or AH ❑ A (no base flood elevation given) ❑ B or X (shaded) ❑ C or X (unshaded) ❑ Floodway ❑ Coastal Barrier Resource Act (CBRA) Zone (Federal regulations strictly limit Federal funding for projects in this zone. Please coordinate with your state agency before submitting an application for a CBRA Zone project). ❑ If the FIRM Map for your area is not published, please attach a copy of the Flood Hazard Boundary Map (FHB for your area, with the project site and structures clearly marked on the map. ❑Attach a copy of a Special Flood Hazard Area Flood Insurance Assurance(s). C. City or County Map with Project Site and Photographs ❑Attach a copy of a city or county scale map (large enough to show the entire project area) with the project site and structures marked on the map. ❑Attach a USGS TOPO map with project site clearly marked on the map. ❑For acquisition or elevation projects, include copy of Parcel Map (Tax Map, Property Identification Map, etc.) showing each property to be acquired. The map should include the Tax ID numbers for each parcel, if possible. []Attach photographs (a minimum of 2 photographs) for each project site per application. The photographs should be representative of the project area, including any relevant streams, creeks, rivers, etc., and drainage areas, which affect the project site or will be affected by the project. For each structure, please include the following angles: front, back and both sides. Attach any continuations or additional items to this page Form No. HMGP 001, Eff. 06/2012 M) P124 DRAFT Section III. Budget/Costs In this section, provide details of all the estimated costs of the project. As this information is used for the Benefit -Cost Analysis, reasonable cost estimates,are essential. Do not include contingency costs in the budget. Avoid the use of lump sum costs. Note: To be eligible for HMA funding, pre -award costs must be identified as separate line items in the cost estimate of the application This must be done in addition to filling out the HMGP Pre -Award Cost Request Form Please mark each pre -award cost with an asterisk M A. Materials Item Dimension Quantity Cost per Unit Cost B. Labor (Include equipment costs. Please indicate all "soft" or in-kind matches. All in-kind match must be identified in the Section III. Budget/Costs of this application.) Description Hours Rate Cost C. Fees Paid (Include any other costs associated with the project.) Description o Task Hours Rate Cost Total Estimated Project Cost $ Attach any continuations or additional items to this page Form No. HMGP 001, Eff. 06/2012 P125 DRAFT D. Funding Sources (Round figures to the nearest dollar.) The maximum FEMA share for HMGP projects is 75%. The other 25% can be made up of State and Local funds as well as in-kind services. The FMA program requires that the maximum in-kind match be no more than 12.5% of the total project costs. HMGP/FMA funds may be packaged with other Federal funds, but other Federal funds (except for Federal funds that lose their Federal identity at the State level such as CDBG and certain tribal funds) may not be used for the non -Federal share of the costs. Estimated FEMA Share Non -Federal Share Estimated Local Share Global Match Project Title: Other Agency Share (Identify Other Non -Federal Agency and availability date: Total Funding sources from above $ % of Total (maximum of 75%) % of Total (Cash) % of Total (In-kind*) % of Total (Project Global Match**) % of Total Total % (should equal 100%) *Identify proposed eligible activities directly related to project to be considered for In-kind services. (Note on Section B) **Separate project application must be submitted for each project (Global) Match project. E. Project Milestones/Schedule of Work List the major milestones in this project by providing an estimated time -line for the critical activities not to exceed a period of 3 years for performance, e.g. Designing, Engineering, Permitting, etc. These milestones should correspond with the scope of work and budget. rvittesrone Number ot Das to t.,'om tete [Example: Demolition of 6 structures and removal of debris 14 days] Attach any continuations or additional items to this page Form No. HMGP 001, Eff. 06/2012 P126 DRAFT Section IV. Environmental Review and Historic Preservation Compliance (NOTE. This application cannot be processed if this section is not completed) Because HMGP/FMA are federally funded programs, all projects are required to undergo an environmental and historic preservation review as part of the grant application process. Moreover, all projects must comply with the National Environmental Policy Act (NEPA) and associated Federal, State, Tribal, and Local statutes to obtain funding. NO WORK can be done prior to the NEPA review process. If work is done on your proposed project before the NEPA review is completed, it will NOT be eligible for Federal funding. A. The following information is required for the Environmental and Historic Preservation review: All projects must have adequate documentation to determine if the proposed project complies with NEPA and associated statutes. The State Environmental Staff provide comprehensive NEPA technical assistance for applicants, with their consent, to complete the NEPA review. The type and quantity of NEPA documents required to make this determination varies depending upon the project's size, location, and complexity. However, at a minimum, please provide the applicable documentation from this section to facilitate the NEPA compliance process. ❑ Detailed project description, scope of work, and budget/costs (Section I and Section III of this application). ❑ Project area maps with project site and staging area marked (Section II, part B & C of this application). ❑ Project area/structure photographs (Section II, part C of this application). ❑ Preliminary project plans. ❑ Project alternatives description and impacts (Section IV of this application). ❑ Please complete the applicable project worksheets. Dates of construction are required for all structures. ❑ Environmental Justice — Attach documents regarding evaluation (required) and satisfactory resolution (if necessary) of Environmental Justice issues (Highly Disproportionate, Adverse Impacts [effects] on Minority or Low Income Populations.) Documents can include public meeting records, media reports, letters from interested persons and groups, studies on population, ethnic groups, quality of life, housing, economics, transportation, public services, schools, public health, recreation, voting, etc. ❑ Provide any applicable information or documentation referenced on the Information and Documentation Requirements by Project Type (p. 10 of this application). B. Executive Order 12898, Environmental Justice for Low Income and Minority Population Are there low income or minority populations in the project area or adjacent to the project area? If yes, please describe any disproportionate and adverse effects to these populations. To help evaluate the impact of the project, please indicate below any other information you are providing: ❑ Description of the population affected and the portion of the population that would be disproportionately and adversely affected. Please include specific efforts to address the adverse impacts in your proposal narrative and budget. ❑ Attached materials or additional comments. Attach any continuations or additional items to this page Form No. HMGP 001, Eff. 06/2012 P127 DRAFT C. Information required for Tribal Consultations Section 106 of the National Historic Preservation Act (NHPA) requires federal agencies to take into account the effect of their undertakings on historic properties. The NHPA requires that agencies must complete this process prior to the expenditure of any Federal funds on the undertaking. A Tribal Consultation is required for any project disturbing ground or moving soil, including but not limited to: drainage projects; demolition; construction; elevation; communication towers; tree removal; utility improvements. 1. Describe the current and future use of the project location. A land use map may be provided in lieu of a written description. 2. Provide information on any known site work or historic uses for project location. ❑ Attach a copy of a city or county scale map (large enough to show the entire project area) with the horizontal limits (ft) and vertical depths (sq ft) of all anticipated ground disturbance. D. Alternative Actions The NEPA process requires that at least two alternative actions be considered that address the same problem/issue as the proposed project. In this section, list two feasible alternative projects to mitigate the hazards faced in the project area. One alternative is the "No Action Alternative." 1. No Action Alternative Discuss the impacts on the project area if no action is taken. 2. Other Feasible Alternative Discuss a feasible alternative to the proposed project. This could be an entirely different mitigation method or a significant modification to the design of the current proposed project. Complete all of parts a -e (below) and include engineering details (if applicable). a. Project Description for the Alternative Describe, in detail, the alternative project. Also, explain how the alternative project will solve the problem(s) and/or provide protection from the hazard(s). b. Project Location of the Alternative (describe briefly) ❑Attach a map or diagram showing the alternative site in relation to the proposed project site ❑Photographs (2 copies) of alternative site Attach any continuations or additional items to this page Form No. HMGP 001, Eff. 06/2012 P128 DRAFT 1. Materials C. Scope of Work for Alternative Project d. Impacts of Alternative Project Below, discuss the impact of this alternative on the project area. Include comments on these issues as appropriate: Environmental Justice, Endangered Species, Wetlands, Hydrology (upstream and downstream surface water impacts), Floodplain/Floodway, Historic Preservation and Hazardous Materials. e. Estimated Budget/Costs for Alternative Project In this section, provide details of all the estimated costs of the alternative project (round figures to the nearest dollar). A lump sum budget is acceptable. Item Dimension Ouantitv Cost per Unit Cost 2. Labor (Include equipment costs. Please indicate all "soft" or in-kind matches.) Hours Attach any continuations or additional items to this page Form No. HMGP 001, Eff. 06/2012 P129 DRAFT 3. Fees Paid (Include any other costs associated with the project.) Description of Task Hours Rate Cost Total Estimated Project Cost $ Attach any continuations or additional items to this page Form No. HMGP 001, Eff. 06/2012 P130 DRAFT HMGP ENVIRONMENTAL REVIEW Information and Documentation Requirements by Project Type Retrofits to Existing Facilities/Structures Elevations Acquisitions with Demolition ✓ Dates of Construction ✓ Concurrence from State Historic Preservation Officer if structure is 50 years or older, if work to be done is outside the existing footprint or if there is six (6) inches or more of ground disturbance. Drainage Improvements ✓ Engineering plans/drawings ✓ Permit or Exemption letter to address any modifications to water bodies and wetlands o Department of Environmental Protection o Water Management District o U.S. Army Corps of Engineers ✓ Concurrence letter from State Historic Preservation Office addressing archeological impacts. Required if there is six (6) inches or more of ground disturbance. ✓ Concurrence from U.S. Fish and Wildlife addressing any impacts to wildlife, particularly endangered and threatened species and their habitats. ✓ If the project is in coastal area, attach a letter from the National Marine Fisheries Service addressing impacts to marine resources. ✓ Concurrence from Natural Resource Conservation Service if project is located outside city limits and may impact prime or unique farmland. Note: This is a general guideline for most projects. However, there will be exceptions. Consult with environmental staff on project types not listed Attach any continuations or additional items to this page Form No. HMGP 001, Eff. 06/2012 P131 DRAFT Section V. Maintenance Agreement All applicants whose proposed project involves the re trot or modification ojf existing public property or whose proposed project wou d result in the public ownership or management of property, structures, or facilities, must first sign the following agreement prior to submitting the application to FEMA. (NOTE: Those applicants whose project only involves the retrofitting, elevation, or other modification to private property where the ownership will remain private after project completion DO NOT have to complete this form.) The of , State of Florida, hereby agrees that if it receives any Federal aid as a result of the attached project application, it will accept responsibility, at its own expense if necessary, for the routine maintenance of any real property, structures, or facilities acquired or constructed as a result of such Federal aid. Routine maintenance shall include, but not be limited to, such responsibilities as keeping vacant land clear of debris, garbage, and vermin; keeping stream channels, culverts, and storm drains clear of obstructions and debris; and keeping detention ponds free of debris, trees, and woody growth. The purpose of this agreement is to make clear the Subgrantee's maintenance responsibilities following project award and to show the Subgrantee's acceptance of these responsibilities. It does not replace, supercede, or add to any other maintenance responsibilities imposed by Federal law or regulation and which are in force on the date of project award. Signed by the duly authorized representative (printed or typed name of signing qfficia0 (title) this (day) of (month), (year). Signature* *Please note: The above signature must be by an individual with legal signing authorityfor the respective local government or county (e.g., the Chairperson, Board of County Commissioners or the County Manager, etc.) P132 DRAFT HMGP Application Completeness Checklist This checklist contains an explanation, example and/or reference for information requested in the application. Please use this checklist to assure your application is complete and includes the required information for HMGP projects. The appropriate documentation must also be attached. It is important to note that this checklist is similar to the form that will be used during the application sufficiency review by the HMGP staff. Project Title: _ Applicant: _ Application Requirements Explanation of Information Required V/ Title/Brief The project title should include: 1) Name of Applicant, 2) Name of Project, 3) Descriptive Project Type of Project. (Example: City of Tallahassee City Hall Wind Retrofit) Summary 1. Applicant Name of organization applying. Must be an eligible applicant. 2. Applicant Type State or local government, recognized Native American tribe, or private non- profit organization. If private non-profit, please attach documentation showing legal status as a 501(C). (Example: IRS letter, Tax Exempt Certificate) 3. County Indicate county in which the project is located. 4. State Legislative Specify the appropriate State Senate, House and Congressional District code & Congressional for the project site. For multiple sites, please list codes for each site. District(s) http://www.myfloridahouse.gov/sections/representatives/myrepresentative.as x 5. Federal Tax I.D. List the FEIN number. May be obtained from your finance/accounting Number department. 6. DUNS Number Include DUNS number in appropriate location on application. If none, please refer to HMGP FAQ's in Application Reference Material for instructions on obtaining a DUNS number. 7. FIPS Code List the FIPS Code. May be obtained from your finance/accounting/grants department. If none, please submit FEMA Form 90-49. 8. NFIP ID Number List the NFIP number. You must be a participating NFIP member to be eligible for HMGP funding. Please make sure that the number is the same as the panel number on the FIRM provided with the application. 9. Point of Contact Please provide all pertinent information for the point of contact. If this information changes once the application is submitted, please contact the HMGP staff immediately. 10. Application Please provide the preparer information. May be different from the point of Prepared By P133 DRAFT Section I - Project Description A. Hazards to be Mitigated/Level of Protection 1. Type of Hazards contact (line 8) and/or the applicant's agent (line 10). 11. Authorized An authorized agent must sign the application. "An authorized agent is the Applicant chief elected official of a local government who has signature authority, so for Agent a county it would be the Chairman of the Board of County Commissioners 2. Identify the Type and for a municipality it would be the Mayor (the exact title sometimes of Proposed varies). Any local government may delegate this authority to a subordinate Project official (like a City or county Manager) by resolution of the governing body 3. Number of (the Board of County Commissioners or Board of City Commissioners). If a Persons local govemment delegates signature authority, a copy of the resolution by Protected the governing body authorizing the signature authority for the individual 4. Level of si nin must be provided." 12. LMS Letter A letter of endorsement for the project and its priority number from the Local Mitigation Strategy must be included. Refer to Sample LMS Letter. Applications without a letter of endorsement will not be processed. Section I - Project Description A. Hazards to be Mitigated/Level of Protection 1. Type of Hazards Identify the hazard(s) that the proposed project will mitigate. More than one the Proposed hazard may be selected. Project will Mitigate 2. Identify the Type Describe the mitigation project being proposed. (Example: drainage, wind of Proposed retrofit, etc.) Project 3. Number of Explain how many people will be protected by or benefit from the proposed Persons project. Protected 4. Level of Specify the level of protection and magnitude of the event the proposed Protection project will mitigate. Attach support documentation that verifies the stated level of protection. (Example: In a wind retrofit project, the product specifications should include product test results or a signed and sealed letter from a professional engineer assuring the wind standard, missile impact, etc.) 5. Engineered Include available engineering calculations, studies, and designs for the Projects Only (e.g. proposed project (for engineered projects only). Drainage) 6. Life of the project Determine the useful life of this project. If FEMA's standard values are not used, please attach support documentation as a justification of the value entered. (Example: in a wind retrofit project, the product specifications should include product life.) FEMA's standard values are: infrastructure and major drainage, 50; elevations and minor drainage, 30; wind, 15; acquisition, 100. P134 DRAFT B. Project Description, Scope of Work, and Protection Provided (Must be Completed in Detail) 1. Existing Problem Describe the existing problem, location, source of the hazard, and the history Location and extent of the damage. Include newspaper articles, insurance documentation, photographs, etc. If this project is eligible for PA (406) mitigation activities, please describe the 406 activities. 2. Type of Determine how the funding will solve the existing problem and provide Protection protection. 3. Scope of Work: Determine the work to be done. The scope of work must meet eligibility What the Project based on HMGP regulations and guidance. Explain how the proposed Proposes to Do problem will be solved. (NOTE: The proposed project must be a mitigation action, not maintenance.) Does the proposed project solve a problem independently or constitute a functional part of a solution where there is assurance that the project as a whole will be completed (44 CFR 206.434[b](4])? Does the proposed project address a problem that has been repetitive or that poses a significant risk to public health and safety if left unresolved (44 CFR 206.434[b][51[i])? See Sample Scope of Work Language in HMGP Application Reference Material. Generators should not be included in the scope of work unless said generator only powers the mitigation element or is for a critical facility. 4. On -Going or Determine if other projects, zoning changes, etc. are planned (particularly in Proposed the same watershed if flooding is being addressed) that may negatively or Projects in the positively impact the proposed project. If there is a drainage project or Area downstream issue elsewhere, it may eliminate the current flooding issue, erasing the need for the proposed project. Answer Yes/No or unknown with an explanation required if yes. Response applies to drainage and acquisition projects. N/A is appropriate in wind retrofit shutter projects only. If this project is also being considered under the Public Assistance Program (406), please describe in detail the 406 mitigation activities and/or services. Do not include project costs associated with the above referenced HMGP application. Section 11 - Project Location A. Site 1. Physical List the physical location of the project site(s) including the street number(s), Location zip code(s) and GPS coordinates (latitude/longitude). The physical address must correspond with the address locations specified on maps submitted with the application. 2. Title Holder Provide the titleholder's name. 3. Project Seaward Determine if the project site is located seaward of the Coastal Construction of the CCCL? P135 DRAFT Control Line. Attach a copy (or copies) of the FIRM and clearly identify the project site. 4. Number and Specify the number and type of properties affected by the project. with Project Site Types of (Example: Drainage project that affects 100 homes, 15 businesses and 2 Structures schools. What does the project protect? Should have a number next to the Affected ) p 1 http://www.store.msc.fema.gov/. See instructions on How to make a box that is checked. (See Section II, Item 4.) 2. USGS TOPO with B. Flood Insurance Rate Map (FIRM) Showing Project Site 1. Copies of FIRM Attach a copy (or copies) of the FIRM and clearly identify the project site. with Project Site The FIRM Panel number must be included. To obtain a FIRM map, go to http://www.store.msc.fema.gov/. See instructions on How to make a 2. USGS TOPO with FIRMette. 2. Flood Zone Specify the flood zone(s) of the project site(s). If project is located in a Determination Special Flood Hazard Area, proof of flood insurance will need to be provided. Amount of coverage must be equal to or greater than the amount of Federal mitigation funding obligated to the project. 3. Flood Hazard Not required if a copy of the FIRM is attached. Boundary Map site. The photos must be representative of the project area, including any (FHBM) relevant streams, creeks, rivers, etc., and drainage areas, which affect the Note: All maps must be linked to the application. C. City or County Map with Project Site and Photographs 1. City/County Map The project site and staging location (if applicable) should be clearly marked with Project Site on a legible City/County map. The map should be large enough to show the project site. More than one map may be required. 2. USGS TOPO with The project site should be clearly marked on a legible USGS 1:24,000 TOPO Project Site map. To obtain a TOPO map, go to http://www.Digital-Topo-Maps.com 3. Parcel/Tax Map A Parcel, Tax or Property Identification map is required only for acquisition and elevation projects. The location of the structure must be clearly identified. 4. Site Photograph At least two sets of photographs are required that clearly identify the project site. The photos must be representative of the project area, including any relevant streams, creeks, rivers, etc., and drainage areas, which affect the project site or will be affected by the project. The front, back and both side angles are required for each structure. For acquisition and elevation projects, a photo taken away from the structure (in front toward the street, and in back toward backyard) to show the area along with photographs of specific elements of the structure affected by the project (windows for shutters or window replacements) should also be provided. Please label photographs appropriately. In addition, CDs may be submitted. Note: All maps must be linked to the application. P136 DRAFT Section III - Budget/Costs Please make sure all calculations are correct. Provide a breakdown of materials, labor and fees paid for the proposed project. Support documentation must be attached, i.e. vendor's quote, professional estimate (from engineer, architect, local building official, etc.). The proposed budget line items should represent allowable costs associated with the scope of work. Please make sure contingency costs are not included. It is important to complete this section; it will be used for the Benefit -Cost Analysis (BCA). Costs should be accurate, complete and reasonable compared to industry standards. Make sure the total cost is correct on the entire application. A. Materials Describe the cost of materials. B. Labor Provide a breakdown of description, hours, rate, and cost or lump sum labor cost. Can use "in-kind" contribution as part of the 25% match. (Attach support documentation for in-kind match to detail wages and salaries 2. Estimated Local charged for any in-kind contribution. No overtime wages can be used to Share satisfy "in-kind" match contributions). C. Fees Paid Provide a breakdown of associated fees i.e., consultants, studies, engineering, permits. Maintenance is not an allowable cost under HMGP. 3. Total In -Kind Pre -award costs may be requested (See Pre -award Costs guidance). Total Estimated Please make sure all calculations are correct. This figure should be the Project Cost same as the figure for total funding. D. Funding Sources (round figures to the nearest dollar) The proposed sources of non-federal matching funds must meet eligibility requirements. (Except as provided by Federal statute, a cost-sharing or matching requirement may not be met by costs borne by another Federal grant.) 44 CFR 13.24 (b)(1). 1. Estimated FEMA The estimated FEMA share is generally 75%. If the FEMA share is not 75%, Share assure actual amount is entered. It could be 50% or 35%, etc. of the total dollar amount of project depending on county allocation and LMS priority. This figure cannot exceed 75%. 2. Estimated Local May include all 3 sources, i.e. cash, "in kind" and global match, as long as Share the total is a minimum of 25%. Match cannot be derived from a federal agency except Federal funds that lose their federal identity (e.g., CDBG funding and certain tribal funding). 3. Total In -Kind May use materials, personnel, equipment, and supplies owned, controlled and operated from within governing jurisdiction as an in-kind match. Third party in-kind contributions would be volunteer services, employee services from other organizations furnished free of charge, donated supplies, and loaned equipment or space. The value placed on these resources must be at a fair market value and must be documented. If in-kind is claimed from outside the applicant jurisdiction, it must be cash only. 4. Total Project Project (global) match must 1) meet all the eligibility requirements of HMGP; (Global) Match and 2) begin after FEMA's approval of the match project. A separate HMGP application must be submitted for global match projects. Indicate which P137 DRAFT E. Project Milestones/Schedule of Work 1. Milestones Identify the major milestones in the proposed project and provide an (Schedule) estimated time -line (e.g. Designing, Engineering — 3 months, Permitting — 6 months, Procurement — 30 days, Installation — 6 months, Contracting — 1 month, Delays, Project Implementation, Inspections, Closeout, etc. See Typical Project Milestones for estimated time -frames) for the critical activities not to exceed a period of 3 years for performance. Milestones should not be grouped together but listed individually. Please allot for the appropriate amount of time. Section IV - Environmental Review & Historic Preservation Compliance A. No work can begin prior to the completion of the environmental (NEPA) review. In order for the Environmental staff to conduct the NEPA review, all sections listed below must be completed. 1. Detailed Project project(s) will be matched. The global match is not required to be an Description, Scope identical project. Projects submitted as global match for another project must of Work & meet the same period of performance time constraints as the HMGP. 5. Total Funding Total must represent (100%) of the total estimated project cost. E. Project Milestones/Schedule of Work 1. Milestones Identify the major milestones in the proposed project and provide an (Schedule) estimated time -line (e.g. Designing, Engineering — 3 months, Permitting — 6 months, Procurement — 30 days, Installation — 6 months, Contracting — 1 month, Delays, Project Implementation, Inspections, Closeout, etc. See Typical Project Milestones for estimated time -frames) for the critical activities not to exceed a period of 3 years for performance. Milestones should not be grouped together but listed individually. Please allot for the appropriate amount of time. Section IV - Environmental Review & Historic Preservation Compliance A. No work can begin prior to the completion of the environmental (NEPA) review. In order for the Environmental staff to conduct the NEPA review, all sections listed below must be completed. 1. Detailed Project Complete Sections I & III of the application. Description, Scope of Work & Budget/Costs 2. Project Area Maps Complete Section II, part B & C of the application. 3. Project Complete Section II. Area/Structure Photographs 4. Preliminary For shutters see the scope of work and for drainage & elevation see Project engineering drawings. Plans 5. Project Dates of construction are required for all structures. See worksheets. Worksheets — Dates of Construction Required on All Projects 6. Documentation Provide any of the required documentation as listed on page 9 in the Requirements by Information and Documentation Requirements by Project Type that may Project Type have already been obtained. P138 DRAFT B. Executive Order 12898, Environmental Justice for Low Income and Minority Population 1. Documentation of Determine the proportion of the population, in either the project zip code or Environmental city, characterized as having a minority background, and proportion of the Justice population living below poverty level. Go to http://www.census.aov/. If yes, complete Section IV, part B. C. Information required for Tribal Consultation 1. Documentation for For all projects with any ground disturbing activities, complete Section IV part Tribal C. Consultation D. Alternative Actions 1. No Action Alternative Please discuss the impacts on the project area if no action is taken. 2. Other Feasible Has the proposed project been determined to be the most Alternative Action practical, effective and environmentally sound alternative after consideration of a range of options? (44 CFR 206.434[b][5][iii]) a. Project NEPA requires that at least three alternatives must be presented to Description for mitigate the problem. In addition to the proposed action and no the Alternative action, one other feasible alternative must be provided. Describe how the alternative project will solve the problem and provide b. Project Location of the Alternative protection from the hazard. (describe briefly) c. Scope of Work for Alternative Project d. Impacts of the Alternative Project E. Estimated Budget/Costs for Alternative Project 1. Materials Optional 2. Labor Optional 3. Fee Paid Optional Total Estimated Project Costs Total cost is required. Vendor quote is not required. A lump sum budget may be submitted as justification to why this alternative was not chosen. P139 DRAFT Section V - Other Required Documentation 1. Maintenance Please complete, sign and date the maintenance agreement. The Agreement maintenance agreement must be signed by an individual with signature authority, preferably the authorized agent. 2. FFATA Form Please complete, sign and date the FFATA Project File Form. Instructions are provided for your convenience. 3. SFHA Required for all projects in the Special Flood Hazard Area. Read and sign the Acknowledgement SFHA Acknowledgement of Conditions document. This form must be of Conditions notarized, signed by the local jurisdiction and the property owner. 4. Pre -award Cost If pre -award costs are being requested with your project, please be sure to Form identify all pre -award costs in the application budget per instructions. The pre -award cost form must be completed and submitted with your application. 5. Request for Applicable if no FIPS number is assigned to applicant/recipient. Public Assistance Form 6. Model Statement For Acquisition projects only. of Assurances for Property Acquisition Projects 7. Declaration and For Acquisition projects only. Must be signed by all persons whose names Release are on the property deed. 8. Notice of For Acquisition projects only. Two forms are included for your convenience. Voluntary Interest Please use the form that is most appropriate to your situation. Must be signed by all persons whose names are on the property deed. 9. Statement of For Acquisition projects only. Must be signed by all persons whose names Voluntary are on the property deed. Participation for Acquisition of Property for Purpose of Open Space P140 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 279, Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Diane Bernardo, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: May 31, 2017 i� SUBJECT: Continuation of May 9th Board Agenda, Consolidation of Deferred Compensation Plans At the May 9, 2017 board meeting, the Board requested supplementary information and requested that additional employee meetings be offered. Staff and the consultant have gathered this information and are providing it in advance of the June 6, 2017 board meeting for your review. Suzanne Boyll, Human Resources Director, scheduled two employee meetings that were held May 11, 2017 and attended by the Clerk of the Court to explain the proposed consolidation. Our advisor with AndCo Consulting, Jacob Peacock, will be attending the June 6, 2017 board meeting and will be giving a slide presentation clarifying questions asked by the Board as well as explaining the amended two options offered by Nationwide. A Nationwide representative will be available at the Board meeting to answer questions. The revised Nationwide options offered are: Option 1: Retain the NW Fixed Account with a guaranteed minimum crediting rate of 3.5% for 60 months with a 0.25% recordkeeping fee on all plan assets Option 2: Retain the NW Fixed Account with a guaranteed minimum crediting rate of 3.5% for 36 months and 2.5% for 24 months with a 0.12% recordkeeping fee on all plan assets Due to Nationwide's inability to grandfather the existing Fixed Account assets under the current contract provisions, we requested the consultant solicit the Committee's second choice, Lincoln Financial, for amended options. Lincoln offered the following two amended options: Option 1: Transfer all plan assets (approx. $29.6M) to Lincoln and replace the NW Fixed Account with Lincoln Stable Value Fund with a minimum crediting rate of 3.5% first year, 2.5% second year, and I% thereafter. The record-keeping fee on all plan assets would be 0.11 % Option 2: Transfer only the ICMA-RC and Florida League assets (approx. $14.2M) (Nationwide assets would not transfer). Plan would utilize the Lincoln Stable Value Fund with a minimum crediting rate of 1.00%. The record-keeping fee on all plan assets would be 0.19% P141 The Deferred Compensation Committee, represented by all offices with the exception of the Sheriff's office, met on May 31, 2017 to review the above proposals. The Committee is recommending that the County continue with Nationwide as the sole provider, guaranteeing the fixed account minimum crediting rate of 3.5% for 60 months and charging a recordkeeping fee of 0.25% on all plan assets. We are attaching the previous agenda item for your information. RECOMMENDATION Staff recommends: 1. Awarding the deferred compensation contract to Nationwide with a term of five years with two optional 2 -year extensions, guaranteeing the fixed account at 3.5% for 60 months and charging a recordkeeping fee of 0.25%. 2. Approval to revise Section 104.5 Deferred Compensation of the Indian River County Code of Ordinances. Upon the Board's approval of staff's recommendation, staff will work with the County Attorney's office and bring back the contract for approval by the Board as well as revise Section 104.5 of the Indian River County Code of Ordinances. P142 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Diane Bernardo, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: May 2, 2017 SUBJECT: Consolidation of Deferred Compensation Plans BACKGROUND Over the past few years, the Government Finance Officers Association (GFOA) and the National Association of Government Defined Contribution Administrators (NAGDCA) have been addressing the fiduciary responsibility for governments to develop policies and procedures to review deferred compensation plans. The Board of County Commissioners and each constitutional officer is a fiduciary and is expected to act in the best interest of plan participants (employees and retirees). These duties include selecting and monitoring deferred compensation providers, investments, and all associated expenses. The Clerk's office hired a consultant, AndCo, on September 26, 2016 to assist in developing procedures to meet our fiduciary duty. One of the suggestions from our consultant was to consolidate all plans (currently ICMA-RC, Nationwide and Florida League of Cities) to one deferred compensation provider and ask if the Board and each constitutional officer would like to participate in the consolidation. Consolidation to a single provider would: • take advantage of the economies of scale to reduce record keeping fees • utilize best practices for fee transparency and equalization • simplify investment lineup using open architecture and lowest net expense investment classes • offer unified, comprehensive education and communication education program across the County • streamline plan administration for County staff. A general meeting was held on October 26, 2016 and attended by staff of the Board and each constitutional officer (this group formed the RFP committee). During the October 26th meeting, parties agreed that a way to meet our fiduciary responsibility was to prepare a competitive request for proposal (RFP). The RFP outlined our goals of. • Lowering participant expenses • Enhancing the participant experience by providing participant education programs and easily accessible website and call center P143 • Simplifying and consolidating the investment fund selection (funds will be selected by the committee after a contract has been negotiated with the plan sponsor) • Automating participant deductions and County staff reports (streamline the plan administration) • Maintaining plan documents With the exception of the Sheriff's Office, each constitutional officer and the Board of County Commissioners has elected to participate in the consolidation and will be represented on the committee. The following information was available to the committee as of September 30, 2016: • Total participant assets $29.65M • Total estimated recording keeping fees paid to each of the three providers $231,000 • Average recording keeping fee paid 0.76% Nation d. -*Ni d e League BOCC $14.16M $8.25M $2.83M Clerk $0.36M $1.13M $0.52M Prop App $0.30M $1.36M - Tax Coll $0.58M - - Elections - $0.15M - Total Assets $15.40M $10.90M $3.35M Fees ($) $112,600 $104,200 $14,200 Fees (%) 0.73% 0.96% 0.42% The RFP was released on January 2, 2017 and nine qualified responses were received from deferred compensation providers. These nine responses were reviewed by the committee on March 16, 2017 and the committee selected the top five providers for presentations. On April 6, 2017, each of the top five ranked deferred compensation providers made a presentation to the committee. Following the presentations, the committee ranked the providers as outlined below: 1 -Nationwide 2 -Lincoln 3 -Empower 4 -Mass Mutual 54CMA The committee requested our consultant to contact Nationwide for a best and final offer on fees and services. The consultant successfully negotiated the following fee concessions with Nationwide for the Committee's consideration: • Open Architecture Fund Lineup (no proprietary fund requirements): a 0.02% reduction from the original RFP to 0.17% P144 Or • Open Architecture + Nationwide Fixed Account: a 0.04% reduction to 0.12% (The existing Nationwide recordkeeping fee is 0.70-0.75% depending on the plan.) In addition, Nationwide will extend the 3.5% guaranteed rate on the NW Fixed Account an additional 12 months for a total of 24 months; after which the rate could be adjusted quarterly. It is important to note that the new fixed account would have a minimum rate of 1.00% (meaning the 3.5% can go no lower than 1%). Currently the fixed account cannot go below 3.5%. There are currently 35 participants solely invested in the Nationwide Fixed Account and 62 additional participants with some portion of assets invested in the Nationwide Fixed Account. The committee will discuss the above two Nationwide options, selection of new funds, and the mapping of existing funds to the new funds after approval by the Board of County Commissioners of a single deferred compensation provider. The committee's investment goals are: • Select 10-20 core investments • Select Target Date funds (TDFs) • Continue with Nationwide Fixed Account • Reduce recording keeping fees The RFP process has resulted in a substantial reduction in fees under a consolidated deferred compensation program. If the Board elects to contract with Nationwide and the committee agrees to continue with the Nationwide fixed fee account, the savings to employees is estimated to be over $195,000 annually in recordkeeping fees ($231,000 previous fees less $35,580 new fee). The new fee calculation is $29.65M x 0.12% = $35,580. There will also be additional investment related savings for participants once the new fund lineup is in place. RECOMMENDATION Staff recommends: 1. Awarding the deferred compensation contract to Nationwide with a term of five years with two optional 2 -year extensions. 2. Approval to revise Section 104.5 Deferred Compensation of the Indian River County Code of Ordinances. Upon the Board's approval of staff's recommendation, staff will work with the County Attorney's office and bring back the contract for approval by the Board as well as revise Section 104.5 of the Indian River County Code of Ordinances. P145 ;I..".�. Y � Vendor Consolidation Project Update June 6, 2017 Indian River County __ AndCo Consulting 1 is^1' 1; r,N XXi f Audt:oCvn.•rdrin,C�•n,n Three providers for the Plan • Nationwide: $15.4 million • ICMA-RC: $10.9 million • Florida League of Cities: $3.3 million Average Recordkeeping Related Fees Paid by Plan Participants • Nationwide: 0.73% ($7.30 per $1,000) • ICMA-RC: 0.96% ($9.60 per $1,000) • Florida League of Cities: 0.42% ($4.20 per $1,000) 6/7/2017 1q5 tN 1 • Participants must choose between over 100 investment options • Many overlapping choices and varying fund management fees • Difficult for participants to compare and choose • Lack of fiduciary oversight and ability to proactively change underperforming funds large Blend 11 Laige Growth, 9 Intermediate -Term Bond 7Current Fund Overlap Capital Pr6ervAion 6 Foreign targeBlend 6 Allocation-30%to 56% Equity 2 Allocation -50% to 70% Equity 5 Allocation -70% to 85% Equity ` 2 Small Blend _ _ 5 Nigh Yeld Bond j 2 Small Growth 5 Mid -Cap Blend 2 1n0alion-Prot6cted Bond - 4 Mid -Cap Value 2 pGrowth 4 - Target -Date 2000.2010 2 Foreign Fon Large Growth Target -Date 2015 3 3 Target -Date 2055 2 Target -Date 2020 3 World Large Stock 2 Target -Date 2025 3 Allocation-15%to 30%Equiry - 1 Target-pate 3 Allocatlon-85%+Equity 1 .2010 Target -Date 2035 3 Foreign Large Value 1 Target -Date 2040 3 General Account , 1 7arget-Date 2045 3 In Plan Annuity 1 Target -Date 2050 3 Long Government 1 Target -Date Retirement 3 Short Government 1 US Fund Prime Money'Mkt - 3 Target -Date 2060+ 1 F.S. 112.656 Fiduciary duties; certain officials included as fiduciaries. - 1. A fiduciary shall discharge his or her duties with respect to a plan solely in the interest of the participants and beneficiaries for the exclusive purpose of providing benefits to participants and their beneficiaries and defraying reasonable expenses of administering the plan. nt, 6/7/2017 /y5A-2 • Plan Oversight Committee was established • Consultant was retained to review plans and make fiduciary recommendations • Review Committee established with representation from all Constitutional Offices • Based on initial review of plans, recommendation made to consolidate plans to single provider to reduce costs to plan participants, streamline investment options and improve available education • RFP solicited to consolidate to one plan provider • 9 respondents reviewed by Committee • 5 finalists presentations (ICMA-RC, Empower, Lincoln, MassMutual, Nationwide) • After presentations, Committee recommended Nationwide based on competitive fee, familiarity with County employees and ability to maintain the Fixed Account at 3.5% for two years Current Nationwide Contract • Recordkeeping fees vary by investment option selected but are approximately 0.73% • Fixed Account rate cannot go below 3.5% unless contract is changed • The Nationwide Fixed Account is backed solely by the claims paying ability of Nationwide Life Insurance Company. This is not a mutual fund. Nationwide's Initial Offer under Consolidation • Recordkeeping fees would be 0.12% on all assets — Savings of $190,000 annually across all three plans • Fixed account rate cannot go below 3.5% for 24 months; cannot go below 1.0% thereafter BOCC May 16th Meeting Feedback • Concern expressed regarding the possible reduction in the minimum crediting rate of 3.5% for the Nationwide Fixed account after 24 months • Request was made for Nationwide to grandfather the 3.5% minimum crediting rate for current participants. Additionally, they were asked to provide additional Fixed Account options. NM 6/7/2017 / y JA -3 ■ Total # of participants solely in the Fixed Account — 35 of 633 (6% of total plan participants) — $2.1 M of $29.6M (7% of plan assets) Age Ranges # of Participants 18-25 _ 26-35 36 45© 46-55 66.0 Totals ""s® ■ Total # of participants with some allocation to Fixed Account - 62 of 633 (10% of total plan participants) ■ Total amount of plan assets in the Fixed Account — $4.OM of $29.6M (13% of plan assets) Termination by Nationwide Nationwide may terminate the Contract at any time by notifying the Contract Owner in writing Once the Contract Owner receives the notice to terminate, the full Withdrawal Value will be paid to the Contract Owner in one -hundred and twenty (120) days ("effective date of termination"). General Information Ragar dingthe Fixed Account The Fixed Account is an investment option under the Contract offering an Annual Guaranteed Interest Rate and a Quarterly Guaranteed Interest Rate. Nationwide credits interest to the Fixed Account at these rates that it prospectively declares. Interest rates are determined at the sole discretion of Nationwide, including any excess interest rates. Nationwide declares all of its rates as annual effective yields. Nationwide reserves the right to discontinue accepting additional Purchase Payment and Transfer and Exchange allocations to the Fixed Account at any time. Fixed Account guarantees are supported by the general account of Nationwide and are not insured by the FDIC, NCUSIF or any other agency of the Federal government. The Fixed Account is a non -participating option. Allocations to the Fixed Account do not share in any surplus of Nationwide. Guaranteed Minimum Fixed Account Interest Rate - Afloor rate established for the Fixed Account when the Contract is issued. All rates under the Contract are guaranteed to be at least as great as the Guaranteed Minimum Fixed Account Interest Rate for as long as the Contract remains in -force. Interest credited to the Fixed Account will not be less than 1.00%, subject to any applicable "Fixed Account Charge " Annual Guaranteed Interest Rate - The minimum guaranteed interest rate applied to the Fixed Account for a calendar year. Nationwide determines this rate at its sole discretion. This rate does not include the deduction of any applicable "Fixed Account Charge." Guaranteed Interest Rates The Guaranteed Minimum Fixed Account Interest Rate for the Contract is listed on the "Contract Specifications Pages." Which is 3.5 TC 6/7/2017 AIM - 4 Nationwide was unable to grandfather in existing Fixed Account participants at the 3.5% minimum crediting rate. Nationwide submitted revised consolidation contract options: Option 1 • Recordkeeping fees = 0.25% • Savings of $150,000 across all three plans annually • Fixed Account rate cannot go below 3.5% for 60 months Option 2 • Recordkeeping fees= 0.12% • Savings of $190,000 across all three plans annually • Fixed Account rate cannot go below 3.5% for first 36 months; cannot go below 2.5% for the next 24 months Because Nationwide was unable to grandfather the existing Fixed Account participants under the current contract provisions, additional options were solicited from Lincoln Financial. Option A: Full consolidation • All Nationwide, ICMA-RC, and Florida League assets transfer ($29.6M) • Recordkeeping fees= 0.11% • Savings of $190,000 annually across all three plans • Utilize Lincoln Stable Value with enhanced minimum crediting rate: • 3.5% in year 1, 2.5% in year 2, 2.0% in year 3, 1.00% thereafter Option B: Partial consolidation • All ICMA-RC and Florida League assets transfer ($14.2M) • Nationwide assets do not transfer; no change to current Nationwide contract (unless initiated by Nationwide) • Recordkeeping fees = 0.19% • Savings of $167,000 annually across all three plans • Utilize Lincoln Stable Value, 1.00% minimum crediting rate p r. 10 6/7/2017 j q 5)�- 5 CommitteeRecommendation • The Committee recommends Nationwide's revised Option 1 proposal as it accomplishes the original goals set forth by the Committee: ✓ Reduce participant fees ✓ Streamline investment options ✓ Improve available participant education programs • In addition, this option best addresses the concerns expressed regarding the Fixed Account by locking the minimum crediting rate at 3.5% for 60 months am Additional Follow-up Items ,2 O W 6/7/2017 �45,k 6 1 Do It For Me • Over 70% of participants want someone else to make the investment decision for them • Solution: Provide pre -diversified funds such as: — Target Date Funds — Balanced Funds — Target Risk Funds — Managed Accounts 14 100% e0 205 `� ' 2060 2055 0 2045 2090 90% 909e 90% /0% 10% 10% 10% 10% 82%`: 2030 18% 75% : 2025 \� i 254'° 67% 2020 E, 40 33% 40% 60%��,'�' `—)• 20 `^ 2010 �VS�E'77 36% Incomo I 64% 30% 0 70'X'.___. 18 23 28 33 38 43 48 53 68 63 68 73 75 ■ Eq.;fi. ■ Fuad iexome 6/7/2017 jL4S.h- 7 $IP Me#> It • 20% of participants have a moderate comfort level making investment decisions • Solution: Core lineup of 10-20 funds including active & passive options - Stable Value or Guaranteed Fixed - US Aggregate Bond - US High Yield - Large Cap Growth - Large Cap Core - Large Cap Value - Mid Cap Value - Mid Cap Core - SMID Cap Growth - Small Cap Core - Small Cap Value - Global ex US Equity 15 � Y M1 = o lt, • Less than 10% of participants consider themselves savvy investors • Solution: Offer self directed brokerage solution within the plan 16 zap. 6/7/2017 HSA- 8 Putting clients first. AndCo Consulting I I A,WO)C' 6/7/2017 j9( 9 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Ardra Rigby and Bill Rigby ADDRESS: 8465 59' Avenue PHONE: 772-501-4753 SUBJECT MATTER FOR DISCUSSION: Sewer Services and the Wabasso Community IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? F-1 YES Fx I NO IS THIS AN APPEAL OF A DECISION ❑ YES FX1 NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Get Sewer Services in Remaining part of Wabasso Community ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? FX1 YES ❑ NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: _ Interactive Web Form _ E -Mail _ Hand Delivered x Phone COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown June 6, 2017 DocumenU P146 /oaz INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: George D. MacArthur ADDRESS: 5063 Melissa Lane, Ft. Pierce, Fl 34946 PHONE: 772-801-3191 SUBJECT MATTER FOR DISCUSSION: All Aboard Florida - Brightline IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? F7 YES FX -1 NO IS THIS AN APPEAL OF A DECISION ❑ YES 7 NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? providing Information /Alternatives ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES F-1 NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: MEETING DATE: Jason E. Brown June 6, 2017 DocumenC P147 M t33 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Matt Lechowicz ADDRESS: 9385 E Maiden Ct, Vero Beach, 32963 PHONE: SUBJECT MATTER FOR DISCUSSION: Make the Jungle Trail Safe! (772)918-8130 IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? Fx I YES 71 NO IS THIS AN APPEAL OF A DECISION F-1 YES a NO WHAT RESOLUTION ARE YOU For info onlyat this time REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? FX YES F-1 NO WHAT FUNDS OR ACTIVITIES ARE TBD REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: 6 -Jun -17 FACounty Admin\ExecAsst\AGENDA\Public Discussion Items Forth doc P148 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES MCl/ Date: May 15, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E.; Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Notice of Scheduled Public Hearing to Consider Collier Creek Estates Subdivision (Utility Phase 2) and Harbor Point Subdivision (Utility Phase 3) Water Assessment Project in Indian River County, Florida. DESCRIPTIONS AND CONDITIONS: On May 2, 2017, the Board of County Commissioners (BCC) adopted a resolution setting the time and place for a Public Hearing to discuss the installation of a water main within the Collier Creek Estates Subdivision (Utility Phase 2) and Harbor Point Subdivision (Utility Phase 3) Petition Water Assessment Project in Indian River County as a Special Assessment Project. [Legislative] The scheduled Public Hearing is to provide the property owners in the special assessment area an opportunity to comment on the potential project. The public hearing will be held in the County Commission Chambers during the regularly scheduled meeting on June 13, 2017 at 9:05 am. RECOMMENDATION: This public hearing item is provided for the BCC's information. No action is needed at this time. C:\Users\GRAN IC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@DOOSDB49\@BCL@D005DB49.doc P149 PUBLIC NOTICE ITEMS: 6/6/17 /0e R Office Of INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold - County Attorney P� DATE: May 30, 2017 ATTORNEY RE: Public Notice of Public Hearing Scheduled for June 13, 2017 to Consider Amending Chapter 315 of the Code of Indian River County - LEGISLATIVE The Board of County Commissioners will hold a Public Hearing on Tuesday, June 13, 2017, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider amending Chapter 315 (Pain Management Clinics, Controlled Substances and Medical Marijuana) of the Code of Indian River County to revise regulations and prohibitions of certain activities relating to low -THC and medical cannabis; and providing for severability, codification and an effective date. /nhm P150 /2C1 CONSENT AGENDA INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT & BUDGET TO: Members of the Board of County Commissioners DATE: May 30, 2017 THROUGH: Jason E. Brown, County Administrator FROM: Michael Smykowski Director, Management & Budget SUBJECT: TOURIST DEVELOPMENT COUNCIL 2017/2018 BUDGET RECOMMENDATIONS DESCRIPTION AND CONDITIONS On May 10, 2017, the Tourist Development Council (TDC) reviewed budget requests for fiscal year 2017/2018 to be paid from the Tourist Tax revenue. The budget requests are listed in the table below. File copies of the applications for each agency are available in the Board of Commissioners office for review. Table 1 TOURIST DEVELOPMENT COUNCIL AGENCY REQUESTS Fiscal Year 2017/2018 Funding Applications Organization 2016/2017 Funding 2017/2018 Request Increase (Decrease) % Increase (Decrease) Indian River County Chamber of Commerce & Sebastian $500,153 $552,043 $51,890 10.4% Chamber of Commerce ..................... ........... ..... _.._.._... _.... _....... ..... ... .................................. ..................... _._... _... Treasure Coast Sports Commission ... ---......... .... ..... ..... .......................... $188,000 ..................... ........ ------ $200,000 ---................................................ $12,000 ...... ................. _..... _... _..... ............ ..... ... 6.4% Cultural Council $60,000 $60,000 $0 0.0% Vero Heritage $13,000 $15,000 $2,000 15.4% IRC Historical Society $20,000 $30,000 $10,000 50.0% Florida Archery Foundation $5,000 $0 $(5,000) -100% C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@00051440\@BCL@00051440.doc P151 Total $786,153 $857,043 $70,890 9.0% Board of Commissioners Page 2 of 3 May 30, 2017 Funding and Analysis Staff estimates total funding of $902,669 available for distribution to tourism development agencies next fiscal year. Total requested funding in the preceding table amounted to $857,043; including the $75,000 contractual requirement for promotion of Historic Dodgertown brings total funding to $932,043. This resulted in a net projected shortfall of $29,374. A meeting recess was taken to allow the requesting agencies to discuss funding scenarios among themselves to address the shortfall. The revised funding amounts agreed to at the Tourist Development Council meeting are summarized in Table 2 below. Due to the reduction in funding at the state level for Visit Florida, a priority was funding the joint Chambers submittal in an effort to retain market share in the tourism industry. Following a motion made by Mr. Kite and seconded by Mr. Hayes, the funding levels in Table 2 below were approved by unanimous vote (9-0) of the Tourist Development Council. Table 2 TOURIST DEVELOPMENT COUNCIL Fiscal Year 2017/2018 Funding Recommendation Organization 2016/2017 Funding 2017/2018 TDC Recommended Increase (Decrease) % Increase (Decrease) Indian River County Chamber of Commerce & Sebastian $500,153 $551,699 $51,546 10.3% Chamber of Commerce .... ..... ..... ... _....... ........... .......................... ..... -.... ....... .................... Treasure Coast Sports .......... _... _....... .... .... ....... ... $188,000 _......... ............... ........._................. $188,000 ... .... ....... -.._._._._._.._._....... .... ._ $0 ..... ... ... ....................................... 0.0% Commission Cultural Council $60,000 $60,000 $0 0.0% Vero Heritage $13,000 $13,000 $0 0.0% Historical Society $20,000 $15,000 $(5,000) -25.0% Florida Archery Foundation $5,000 $0 $(5,000) n/a C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL @00051440\@BCL@00051440. doc P152 Total $786,153 $827,699 $41,546 5.3% Board of Commissioners Page 3 of 3 May 30, 2017 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the funding amounts recommended by the Tourist Development Council as shown in Table 2 for a total allocation of $827,699 and authorize the County Attorney to prepare standard grant agreements for all funding recipients. Approved Item for June 6, 2017 Agenda C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@00051440\@BCL@00051440.doc P153 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney 134 Attorneys Matters - B. C.C. 6.6.17 Office of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Kate Pingolt Cotner, Assistant County Attorn DATE: May 31, 2017 SUBJECT: 2017-2018 State Legislative Final Report BACKGROUND: The Indian River County Board of County Commissioners (the "Board") approved a list of priorities for the 2017 State of Florida legislative session on December 6, 2016. The 2017 State of Florida legislative session was held from March 7, 2017, to May 8, 2017. Attached is a final report concerning the State of Florida's 2017-2018 legislative session. ATTACHMENT(S). Copy of Indian River County's 2017-2018 State Legislative Final Report. P154 1.1 INDIAN RIVER LAGOON. Indian River County BCC SUPPORTED legislation to appropriate funding for local government projects and programs that will enhance the economic wellbeing of Indian River County by treating and monitoring the health of the Lagoon. 1.2 TRANSPARENCY, ACCOINT*BII IpT AND OVERSI.GHT OF THE FLORIDA MUNIC _POW R AG NC :(FIVIPA\ Indian River County BCC SUPPORTED legislation to require greater oversight, transparency, and accountability by the Florida Municipal Power Agency (FMPA) to its member municipalities and rate- payers; SUPPORTED legislation to require the FMPA annually determine the market value of each generation asset; and .SUPPORTED legislation to require the FMPA to determine the value of the generation assets for each of the FMP.A member municipalities. 1.3 ALL ABOAR►,;LORa:;:.::.. , Indian River County BCC OPPOSED any state funding for All Aboard Florida (AAF) and its passen- ger rail project; SUPPORTED legislative and executive branch advocacy efforts relating to a high- speed rail's impacts on the health, safety, and welfare of citizens; SUPPORTED legislation that regu- lates passenger rail to protect the State of Florida's citizens, local governments, wildlife, waterways, and natural environment; and OPPOSED any effort to shift the cost burden of operating and maintaining a high-speed passenger rail onto local governments. i:. 1.4 CANAVERA< P.o:t.TAuT�o''��`oR"r E,I`G . N, TRADE ZONE -;r.;;� ; •,�- Indian River County BCC SUPPORTED an amendment to the Canaveral Port District Charter to remove the current language which limits the foreign trade zone boundary to Brevard County. 1 P155 1.5 BEACH RESTORATION AND NOURISHMENT Indian River County BCC SUPPORTED the creation of a newly dedicated and reoccurring statutory funding source for beach restoration and nourishment projects; and Indian River County BCC OP- POSED legislation that would change or modify the criteria used by the Department of Environmental Protection to rank eligible beach renourishment projects that would negatively impact communities inter- ested in protecting nearshore hardbottom resources. Indian River County BCC SUPPORTED a $50 million appropriation for beach renourishment projects including $337,500 for a beach restoration project to Indian River County's Sector 5 beach. Sector 5 is within the City of Vero Beach and the project area is approximately 3 miles. Specifically, Indian River County has requested: • $25,000 in matching funds for a feasibility study, and P156 2. LEGISLATIVE APPROPRIATION REQUESTS AND RESULTS 2.1 HURRICANE MATTHEW BEACH FUNDING Indian River County BCC SUPPORTED a separate appropriation of $5 million in matching funds for beach restoration associated with damage caused by Hurricane Matthew. On January 27, 2017, Governor Scott executed an executive order granting $15.8 million in state funds for emergency beach restoration projects in response to the damage caused by Hurricane Mat- thew in St. Johns, Flagler, Volusia and Brevard Counties. The final budget has a $13.3 million one-time allocation for storm damage recovery. These funds will likely be used by the State to satisfy its obligation to pay for 12.5% of beach resto- ration projects that are being funded in part by the Federal Emergency Management Agency (FEMA). Indian River County has a pending application with FEMA for the dam- age caused by Hurricane Matthew. 2.2 OsPREY .Acmes Indian River County BCC SUPPORTED an appropriation of $1.2 million in matching funds to construct the Osprey Acres project. Osprey Acres is located on 83.14 acres and its purpose is to compliment Osprey Marsh, an existing pollutant removal system which has proven to be very effec- tive by further reducing the pollutants in canal water before it enters into the Indian River Lagoon. Osprey Acres will also preserve over 60 acres of uplands, create approximately 17 acres of aquatic habitat for fish and waterfowl, and serve as an important public education facility for adults and school children. The final budget has $1,234,286 allocated for the Indian River Lagoon Osprey Acres project. 2.3 SEBASTIAN;=SEPTCI' .,•`.s> ,'�'.O=`,SEWER nor{:: - '.Y.t :' • .. «��ja°S"n Indian River County BCC SUPPORTED an appropriation of $2.5 million in matching funds to con- struct the Sebastian Septic to Sewer Conversion. Indian River County has more than 30,000 septic tanks. According to the United States Department of Agriculture's Soil Conservation Service, most of Indian River County's sandy soil is not conducive for the use of septic tank systems. This limitation, combined with the high water table, creates a high potential for groundwater contamination. This is especially true in areas where development preceded septic tank regulation. In many cases, septic sys- tems do not have the required separation of 2 feet depth between the drain field and the groundwater. Indian River County has made it a priority to protect the Indian River Lagoon and to take steps to convert properties off of septic systems and onto public sewer. It will not only help the environment and increase the value of the underlying property, but it will stimulate economic growth by promoting new business to develop and allow existing business to expand. The final budget does not have a specific allocation for Sebastian Septic to Sewer project. Nor did the Department of Environmental Protection receive its requested $20 million for septic to sewer conversions along the Indian River Lagoon, the St. Lucie estuary and the Caloosahatchee estuary. P157 3. LEGISLATION SUPPORTED BY THE COUNTY THAT PASSED 3.1 RECYLING Background: In 2008, the Florida Legislature created Section 403.7032, Florida Statutes. This estab- lished a new statewide recycling goal of 75% to be achieved by the year 2020. Indian River County BCC voted to support legislation that provides appropriate resources and incentives to local govern- ments to achieve statewide recycling goals, with credit afforded for all recycled materials including mu- nicipal biomass and other waste -to -energy processes. Legislation: SB 1104 (Perry) and HB 335 (Natural Resources and Public Lands Subcommittee) ex- pands the statutory definitions for "recovered materials" and "recovered materials processing facility" to include post -use polymers converted into crude, fuels or other raw materials, and facilities that use pyrolysis, gasification, other thermal conversion processes. Effective: If signed by the Governor, it will take effect July 1, 2017. 3.2'°':;'0PI0I1D ABUSE Background: The Governor of the State of Florida has declared a state health crisis due to opioid abuse. In 2015, Florida ranked fourth in the nation with 3,228 deaths from drug overdoses, 9 and the presence of at least one prescription drug in a person's body caused 2,530 of those deaths.10 Statewide, in 2015, heroin caused 733 deaths, fentanyl caused 705, oxycodone caused 565, and hydro- codone caused 236; deaths caused by heroin and fentanyl increased more than 75 percent statewide when compared with 2014. Legislation #1 : 588 (Passidomo) and HB 249 (Rommel) require mandatory reporting of drug over- doses to keep records of the epidemic. One of the primary purposes of the reporting is to discourage substance abuse and overdoses by quickly identifying the type of drug involved, the age of the individ- ual involved, and the areas where drug overdoses pose a potential risk to the public, schools, work- places, and communities. Another purpose of the legislation is to provide a central data point so that data can be shared between the health care community and municipal, county, and state agencies to quickly identify needs and provide short and long term solutions while protecting and respecting the rights of individuals. Legislation #2: SB 150 (Steube) and HB 477 (Boyd) enhance existing penalties and creates new pen- alties for crimes relating to the trafficking of fentanyl and other synthetic drugs. Effective: If signed by the Governor, both pieces of legislation will be effective October 1, 2017. P158 4. LEGISLATION SUPPORTED BY THE COUNTY THAT FAILED - 4.1 HIGH-SPEED PASSENGER RAIL ACT Background. The State of Florida has expressed a desire to construct or support the construc- tion of a high-speed passenger rail system within the State to address some of its transportation concerns. Throughout the years, there have been numerous proposals for passenger trains to op- erate within the State, including high-speed passenger trains. The most recent proposal is the Brightline service by All Aboard Florida (AAF). AAF is a private company that proposes to oper- ate a high-speed passenger rail service between Miami and Orlando with intermediate stations in Fort Lauderdale and West Palm Beach. The current proposal has 32 trains operating at a maxi- mum speed of 110 MPH between West Palm Beach and Cocoa Beach, Florida. AAF has offered to pay for the costs of the initial safety improvements but only if the impacted local governments pay for the long-term maintenance of the railroad crossings. Legislation: SB 386 (Mayfield) and HB 269 (Magar) provided minimum safety standards for any high-speed passenger rail operating in the State of Florida. The legislation also required any high- speed passenger rail system operating within the State to be solely responsible for rail corridor improvements and upgrades relating to its operation and safety unless otherwise agreed to by the express consent of another entity in writing. Status: This bill received a lot of positive feedback with the members of the Florida Legislature. A workshop was held in the House to discuss AAF and its Brightline project The legislation also passed unanimously in the Senate Transportation Committee. Unfortunately, there was a lot of misinformation circulated on the impacts the legislation would have on existing train companies, the freight and port industries and on the State of Florida. We will continue to work on this issue. 4.2�SEPTI. ''T6 b• Background: Studies show that aging septic tanks servicing residential and commercial proper- ties are contributing to the pollution of the Indian River Lagoon and Caloosahatchee and St. Lucie estuaries. Legislation: SB 874 (Young) and HB 551 (Stone) called for an appropriation of $20 million an- nually to offset property owner costs incurred by retrofitting septic systems that are determined by DEP to be contributing excess nutrient pollution to the Indian River Lagoon and Caloosa- hatchee and St. Lucie estuaries, or connecting properties to sewer systems, and for muck dredg- ing and stormwater improvements in the northern Indian Lagoon. Status: This bill only made it through one committee in the Senate. The reason for this may be because there was a one-time allocation in the original budget for $20425 million 50/50 cost share grant to assist the following counties along the Indian River Lagoon and Caloosahatchee and St. Lucie estuaries: Palm Beach, Martin, St. Lucie, Indian River, Brevard, Volusia, and Lee. Unfortunately, this appropriation was not included in the final budget for FY 17-18. P159 4.3 EMERGENCY MANAGEMENT Background: There is statewide need to come up with flood mitigation projects to improve the class ratings of local communities under the National Flood Insurance Program Community Rating System. Legislation: SB 112 (Brandes) and HB 613 (Ahern) proposed to authorize the Division of Emergency Management of the Executive Office of the Governor to administer a matching grant program for lo- cal governments to implement flood hazard risk reduction policies and projects. Status: This issue was not heard in committee. 4.4 OP101D ABUSE Background: The Governor of the State of Florida has declared a state health crisis due to opioid abuse. Section 395.1041, F.S. requires all hospitals offering emergency services to provide care to eve person seeking emergency care. Hospitals cannot refuse to accept a person with an emergency medical condition if the service is within that hospital's capability and capacity. Persons requiring care beyond the hospital's capability or capacity must be transferred to another facility that can provide the needed services. Legislation: SB 558 (Passidomo) / HB 61 (Lee) proposes to amend s. 395.1041, F.S., to require a hospital with an emergency department to develop a best practices policy to promote the prevention of unintentional drug overdoses by connecting patients who have experienced unintentional overdoses with substance abuse treatment services. The bill allows hospitals to determine what should be includ- ed in the policy, but the bill provides express authority to include several items in the policy. Status: This issue died in Senate messages. We should expect to see this again next session. OASTAL MANAGEMENT Background: The State of Florida has 825 miles of sandy coastline. Beaches are one of Florida's most valuable resources and serve multiple important functions including providing habitat and protection for several species of plants and animals, attracting visitors and new residents to the State, and provid- ing a line of defense against major storms. Beaches require ongoing maintenance to curtail erosion, which threatens this valuable state resource. Legislation: SB 1590 (Latvala) and HB 1213 (Peters) proposed to create a $50 million dedicated and reoccurring funding source for beach restoration and nourishment projects. The bills also creates a scoring system based on a number of tiers for beach restoration projects. Status: The legislation died in House messages. We should expect to see this again next session. P160 5. LEGISLATION OPPOSED BY THE COUNTY THAT FAILED 5.1 VACATION RENTAL Background. Current law prohibits local laws, ordinances, or regulations that prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. Ordinances adopted by various local governments have sparked an abundance of litigation. Legislation: SB 188 (Steube) and HB 425 (La Rosa) would have prohibited a local law, ordinance, or regulation on vacation rentals that restricts the use, prohibits, or regulates vacation rentals based solely on their classification, use, or occupancy. Amendment. SB 188 was amended so that local governments were permitted to amend certain vaca- tion rental laws, ordinances, or regulations to be less restrictive, including providing regulatory relief for certain military personnel and disabled veterans. The bill maintains the prohibition in current law against local laws, ordinances, or regulations that prohibit vacation rentals or regulate the duration or frequency of rental of vacation rentals. Status: This bill died in Senate message. We should expect to see this again next session. %:}:.' `'�'` Nidi:; 2;'3i ::gsi�;;$<�i'a•t r:3?�'•.c.,s:t, „�,c,r?;: .>�. ;.i;rs'a+:'•`"�:3; :�;>ti��rya�.>;r'<;° , Background: Pursuant to home rule authority, local governments may impose proprietary fees, regulatory fees, and special assessments to pay the cost of providing a facility or service or regulating an activity. Flori- da law also specifically grants local jurisdictions the right to regulate businesses, occupations and profes- sions in certain circumstances. Legislation #1: HB 17 (Fines) proposed to prohibit certain local governments from imposing or adopting certain regulations on businesses, professions, and occupations after certain date; preempts to state regulations concerning businesses, professions, and occupations; provides exceptions to preemp- tion. Legislation #2: SB 1158 (Passidomo) proposed to reserve to the State of Florida the exclusive right to regulate matters of commerce, trade, and labor under certain circumstances thereby prohibiting coun- ties, municipalities, and special districts from engaging in specified actions that regulate commerce, trade, or labor, unless otherwise expressly authorized to do so by special or general law. Update: Both bills died in committee. We should expect to see this again next session. P161 5.3 Workers Compensation for First Res'ponders Background: In 2007, the Legislature enacted significant changes in workers' compensation benefits for first responders that provide benefits and standards for determining benefits for employment- related accidents and injuries of first responders. When a first responder has a mental or nervous inju- ry, it must be demonstrated by clear and convincing evidence. If the first responder meets this burden, he or she is entitled to have only medical benefits in employment-related cases involving a mental or nervous injury without an accompanying physical injury requiring medical treatment. The payment of indemnity benefits are prohibited unless a physical injury arising out of injury as a first responder ac- companies the mental or nervous injury. Legislation #1: SB 1088 (Torres) proposed to have a mental or nervous injury suffered by a law en- forcement officer, firefighter, emergency medical technician or paramedic be compensable under the workers' compensation law (both medical and wage benefits) if the mental or nervous injury is demon- strated by a preponderance of the evidence. Legislation #2: SB 516 (Perry) and HB 1019 (Miller, M) proposed to have a mental or nervous injury suffered by a law enforcement officer, firefighter, emergency medical technician or paramedic be com- pensable under the workers' compensation law (both medical and wage benefits) if the mental or nerv- ous injury is shown to meet the criteria for post-traumatic stress disorder. Update: Both bills died in committee. We should expect to see this again next session. 5.4 LOCAL GOVERNMENT'TIS,CAI ,,' P, ,SIBI Background. Currently, the Florida Constitution reserves ad valorem taxation to local governments. The State is prohibited from levying ad valorem taxes on real and tangible personal property. The Flor- ida Constitution further requires that counties, municipalities and school districts be authorized to levy ad valorem taxes by law. Special districts may be authorized by law to levy ad valorem taxes. The con- stitution also prohibits the levy of ad valorem taxes in excess of the following: (1) ten mills for county purposes, (2) ten mills for municipal purposes, (3) ten mills for school purposes, (4) one mill for water management purposes, except in Northwest Florida where the limit is .05 mill, (5) millage authorized by law approved by voters for special districts. Property taxes levied for the payment of bonds and tax- es levied for periods not longer than two years, when authorized by a vote of the electors, are not sub- ject to millage limitations. Counties providing municipal services may also levy up to an additional ten mills above the ten mill county limitation within those areas receiving municipal -type services. Legislation: HB 7063 (Ways and Means Committee ; Caldwell) proposed to (1) create a new statutory maximum millage rate for local governments, (2) change the rules for approving a referendum pertain- ing to a local option or a property tax levy, (3) require voter approval for any new tax -supported debt that pledges revenues beyond five years, and (4) prohibit a local government from enacting, extending or increasing the following local option taxes if the local government adopted a millage rate in excess of its rolled -back rate in any of the previous three years: local communications services taxes, tourist development taxes, tourist impact taxes, discretionary surtaxes on documents, public service taxes, lo- cal business taxes, motor fuel and diesel taxes, convention development taxes, local option food and beverage taxes, and local option sales taxes. Update: The bill died in committee. We should expect to see this as a prio,ri of the House Speaker. P162 6. LEGISLATION OPPOSED BY THE COUNTY THAT PASSED. 6.1 CELL TOWER IN RIGHTS-OF-WAY Background: Wireless service providers and wireless infrastructure providers have begun the deploy- ment of small cell wireless infrastructure in various jurisdictions within Florida. In some instances, the providers have sited these facilities pursuant to local ordinances or have negotiated with local govern- ments to establish rates, terms, and conditions for siting these facilities. In other instances, the provid- ers indicate that their efforts have been hampered to varying degrees by some local governments that have imposed conditions or moratoria on the siting of small cell facilities. Legislation: SB 596 (Hutson) and HB 687 (La Rosa) creates the Advanced Wireless Infrastructure Deployment Act, which establishes a process by which wireless providers may place certain "small wireless facilities" on, under, within, or adjacent to certain utility poles or wireless support structures within public rights-of-way that are under the jurisdiction and control of an "authority" (.e., a county or municipality). An authority is not allowed to prohibit, regulate, or charge for the collocation of small wireless facilities in the public rights-of-way, except as specified by law. An authority must process and issue permits for collocation subject to certain terms and conditions. A wireless infrastructure provider is also authorized to apply for a permit to place utility poles in the public rights-of-way to support the collocation of small wireless facilities. Position: The County advocated for a free market approach to determine the collocation fee of the small wireless facilities. Instead, the legislation calls for a $150 annual collocation fee. Effective: If signed by the Governor, it will take effect July 1, 2017. ;ref:. _ ., 4:... ;;=Ti '• mi:µ':^, �:,..`..:..;:: <:ii�:. •. ExEKrrION Background: Currently, every person having legal and equitable title to real estate and who maintains a permanent residence on the real estate (homestead property) is eligible for a $25,000 tax exemption applicable to all ad valorem tax levies, including levies by school districts. An additional $25,000 ex- emption applies to homestead property value between $50,000' and $75,000. This exemption does not apply to ad valorem taxes levied by school districts. Legislation: SJR 1774 (Lee) and HB 7105 ( Ways and Means Committee) will allow a constitutional amendment to be placed onto the 2018 ballot that would increase the homestead exemption by ex- empting the assessed valuation of homestead property greater than $100,000 and up to $125,000 for all levies other than school district levies. Position: The County advocated that this idea is not a tax cut but rather a tax shift. If the County re- ceives less funds from the ad valorum taxes, it will be forced to cut services or raise the millage. In doing so, the non -homestead property owners such as local businesses and renters will pay more. Effective: It will be placed on the 2018 ballot. If is passes, then it will take effect on January 1, 2019. 9 P163 7. LEGISLATION OPPOSED BY THE COUNTY BUT WERE SUCCESSFULLY NUETRALIZED 7.1 LOCAL. BUSINEss TAXES Background: In 1972, the Florida Legislature elected to stop administering occupational license taxes at the state level and gave the authority to local governments. Local governments were then authorized to levy occupational license taxes according to the provisions of the "Local Occupational License Act." In 2006, 368 of the 404 municipalities and 52 of the 67 counties in Florida had some sort of local occupational license tax in place. Legislation: SB 330 (Steube) and HB 487 (Renner) proposed to authorize counties and municipalities to continue to levy local business taxes if resolution or ordinance was adopted before January 1, 2017, but limited the tax did not exceed $25.00. It also proposed to remove the authority for counties and municipalities to increase business tax rates and to impose additional business taxes in the future. Position: The County advocated against the legislation. Amended: The legislation was amended to allow for an exemption to the local business tax for hon- orably discharged veterans and their spouses, unremarried surviving spouses of honorably discharged veterans, active duty military service members' spouses, and low-income persons receiving public assis- tance, as defined in s. 403.2554, F.S., or having a household income less than 130 percent of the feder- al poverty level. Additionally, the bill provided an exemption for businesses with fewer than 100 peo- ple, if an individual to whom an exemption may apply owns a majority interest in the business. Finally, legislation would have allowed any municipality that imposes a business tax on the gross sales of all retail and wholesale merchants within the municipal jurisdiction to continue to impose such tax. Status: Died on the House Calendar. We should expect to see this again next session. 7.2 CERTIFICATES OF;`°P7ICJ'VENIET,C,: A1D 'NECESSITY (COPCN) Background: In Florida, pre -hospital emergency medical services are divided into two categories, Basic Life Support Services (BLS) or Advanced Life Support Services (ALS), the former involving non -invasive medical care to preserve a patient's vital signs, and the latter involving more invasive tech- niques (medications, intravenous fluids, etc). An EMT or other first responder expected to provide either form of care must be licensed by the state's Department of Health. In order to be licensed, a Certificate of Public Convenience and Necessity (COPCN) must be granted to the applicant by the counties in which the applicant is planning to work. Even though it is a mandatory pre -requisite to obtaining DOH licensure, under current law, counties are allowed, but not required, to issue COPCNs and establish standards for the issuance of those certificates. Legislation: The following amendment was offered to HB 545: [a] licensed basic or advanced life support ambulance service may provide nonemergency medical transportation services in permitted ambulances in any county not- withstanding any ordinances relating to certificates of public convenience and necessity or s. 401.25. Position: The County via Florida Association of Counties advocated against the amendment. Status: This amendment was withdrawn after strong objections from local governments. 10 P164 8. OTHER LEGISLATION 8.1 FIREFIGHTERS Background: A National Institute for Occupation Safety and Health study of cancer among U.S. fire- fighters has shown higher rates of certain types of cancer among firefighters than the general U.S. pop- ulation. These types of cancer were mostly digestive, oral, respiratory, and urinary cancers, although there were about twice as many firefighters with malignant mesothelioma, which is a rare type of can- cer caused by exposure to asbestos. Legislation #1: SB 158 (Latvala) and HB 143 (Fitzenhagen) proposed to create a cancer presumption for firefighters. Legislation #2: The following language was amended onto SB 1582 related to Workers Compensa- tion: "Notwithstanding any provision of this chapter (ch. 440), for firefighters, as defined in s. 112.81, multiple myeloma or non-Hodgkin's lymphoma are deemed to be occupational diseases that arise out of work performed in the course and scope of employment." Legislation #3: The cancer presumption language found in SB 158 and HB 143 was added to SB 7030 relating to Benefits and Salaries for Public Employees. Status: All three pieces of legislation died. We should expect to see this again next session. i, 6• - o- GAL.�,'MARI ANA•s'F; ;;r�;,. ,k •1 an?•yi:uc�= r fir;_ : :.i,4 ,a :� 7s^ �.�,A .;;�., .1.,� - .,�> :i -':i ::��;. .,fir., 7h.: :•s°r n i _,t� . - : ,' Background: On'November 7, 2016, Florida voters approved an amendment to the Florida Constitu- tion that allows the medical use of marijuana without any THC limit by patients certified by physicians as having a specified debilitating medical condition. The amendment authorizes Medical Marijuana Treatment Centers (MMTCs) to be marijuana providers. Legislation: The following bills were filed to address various issues relating to implementing medical marijuana in the State of Florida: SB 406 (Bradley), SB 1844 (Governmental Oversight and Accounta- bility and Bradley), SB 614 (Brandes), SB 1666 (Braynon) and SB 1758 (Grimsley), SB 1388 (Artilies), SB 1472 (Galvano) and HB 1177 (Toledo), HB 1397 (Rodrigues), and CS/HB 7095 (Health and Hu- man Services Committee; Health Quality Committee; Pla.sencia). Status: All of the legislation died. We should expect to see this again next session. It is rumored that the failure of the legislative efforts was caused by an internal conflict within the in- dustry and between the two chambers. The issue pitted the already -established operators against busi- nesses in and out of Florida seeking to break up what critics characterized as an established "cartel." There were two main sticking points — the number of licensed marijuana operators and how many retail locations they should run. The Senate wanted to limit the number of dispensaries each operator could open, while the House — which originally backed an unlimited number of storefronts — pre- ferred a more liberal approach that would have, at least temporarily, favored the current license - holders. 11 P165 8.3 LAKE OKEECHOBEE Background. The design of Lake Okeechobee requires lake levels to be kept low before the wet sea- son, to account for additional inflow to ensure that lake levels do not rise to dangerous levels, which could cause the dike to be breached. During a high rainfall event, water enters into the lake from direct rainfall, large basins, and other sources, which causes the water levels in the lake to rise six times faster than can be discharged from the lake. The only outlets that are capable of quickly releasing the neces- sary volume of water from the lake are through the St. Lucie and Caloosahatchee Canals to the coastal estuaries. For the majority of 2016, Martin, St. Lucie, and Lee counties were under a state of emergen- cy due to the negative effects of freshwater discharges from Lake Okeechobee on the coastal commu- nities and ecosystems Legislation: SB 10 (Bradley) establishes options for providing additional water storage south of Lake Okeechobee, including the: (1) Everglades Agricultural Area (EAA) reservoir project with the goal of providing a minimum of 240,000 acre-feet of water storage; and (2) C-51 reservoir project with the goal of providing approximately 60,000 acre-feet of water storage. Status: On May 9, 2017, the legislation was signed into law by the Governor and is effective immedi- ately. Please note U.S. Representative Brian Mast filed a bill to expedite Everglades restoration projects, in- cluding a reservoir south of Lake Okeechobee. His Everglades FIRST Act — it stands for Flow In- creases Rely on Storage and Treatment — directs the Army Corps of Engineers to expedite work on reports needed for projects to increase water storage around Lake O and minimize discharges to the St. Lucie and Caloosahatchee rivers, and the harmful algal blooms they cause. Also, please note that U.S. Senator Nelson has sponsored a bill which authorizes the Environmental Protection Agency and the National Oceanic and Atmospheric Administration to declare a severe algal bloom an event of national significance and determine how much money is needed to help the affect- ed state or local government mitigate environmental, social and health effects. The criteria the agencies would consider include the bloom's toxicity, potential to spread, economic impacts and geographic scope. Last year's blooms spread from the lake to the St. Lucie River and eventually to Treasure Coast beaches. 12 P166 8.4 POLLUTION Background: Recently, there have been a number of environmental incidents including one involving a massive sinkhole at a fertilizer plant near Tampa that sent millions of gallons of contaminated water into Florida's main aquifer and was not reported to the Department of Environmental Protection (DEP) for a month. In response, the DEP set forth a set of requirements relating to notifying the pub- lic when pollution occurs. The requirements, however, were ruled to be invalid by an administrative law judge. At present, there is no comprehensive notice requirement that all releases of substances be reported under state law. 'There is also no requirement in current law that all such reporting be accessi- ble to the public. Legislation: SB 1018 (Grimslcy) creates the Public Notice of Pollution Act. The bill defines a reporta- ble pollution release as a release to the air, land, or water that is discovered by the owner or operator of an installation, is not authorized by law, and is: (1) reportable to the State Watch Office; (2) reportable to the Department of Environmental Protection (DEP) or a contracted county pursuant to rules gov- erning storage tank systems; (3) reportable to the DEP pursuant to rules governing underground injec- tion control systems; (4) a hazardous substance; or (5) an extremely hazardous substance. The owner or operator of any installation where a reportable pollution release occurs must provide a notice of the release to the DEP. The notice must be submitted to the DEP within 24 hours after discovery of the reportable pollution release and must contain detailed information described in the bill about the in- stallation, the substance, and the circumstances surrounding the release. DEP is required to publish each notice to the Internet within 24 hours after the DEP receives it. The DEP must also create a sys- tem for electronic mailing that allows interested parties to subscribe to and receive direct announce- ments of notices received by the DEP..The penalties for not complying are up to $10,000 per day for violations of these notice requirements and authorizes the DEP to adopt rules to administer these pro- visions. Effective. If signed by the Governor, the law will go into effect on July 1, 2017. 13 P167 8.5 CONSTRUCTION Background: Local jurisdictions ensure compliance with the Florida Building Code. Local jurisdic- tions may set requirements for signs, and sign placement for local businesses by local ordinance. The Florida Department of Agriculture and Consumer Services regulates gasoline service stations in ac- cordance with ch. 526. There are approximately 9,000 gasoline stations within Florida. Federal fran- chise laws give prospective purchasers of franchises material information needed to weigh risks and benefits of such investments. Florida does not currently regulate private rights to contract related to franchising. Florida limits franchise regulation to antifraud, unfair trade practices, and creating rights for violations of federal franchise disclosure laws. Legislation: SB 1312 (Perry) and HB 1021 (Aliva) relate to construction. Among many other things, the legislation specifies that political subdivisions of the state may not adopt or enforce ordinances, or impose building permits or other development order requirements that: (1)Contain any building, con- struction, or aesthetic requirement or condition that conflicts with or impairs corporate trademarks, service marks, trade dress, logos, color patterns, design scheme insignia, image standards, or other fea- tures of corporate branding identity on real property or improvements thereon used in activities con- ducted under ch. 526, related to the sale of liquid fuels, or in carrying out business franchise activities, as defined by Federal Trade Commission regulations in 16 C.F.R. ss. 436.1, et. Seq.; or (2)Impose re- quirements related to the design, construction or location of signage that advertises the retail price of gasoline in accordance with the requirements of ss. 526.111 and 526.121, F.S. The bill specifies that s. 553.79(20), F.S., doesn't affect design and construction requirements contained in the Florida Building Code. Additionally, the bill specifies that all local ordinances and requirements prohibited by s. 553.79 (20), F.S., are preempted and superseded and that s. 553.79(20), F.S., shall apply retroactively. Effective. If signed by the Governor, the law will go into effect on July 1, 2017. 8.6 VESSELS Background. In 2009, the Legislature required the Fish and Wildlife Conservation Commission (FWC) to establish a pilot program to explore policy options for regulating the anchoring and mooring of vessels outside the boundaries of public mooring fields (pilot program). With the exception of those participating in the pilot program, local governments ate prohibited from regulating the anchoring or mooring of vessels, other than live -aboard vessels, outside the marked boundaries of mooring fields. Legislation: SB 1338 (Book) and BB 7043 (Raschein) relate to vessels. Among other things, the legis- lation will allow a local government to enact and enforce regulations for the local government law en- forcement to remove a vessel that is affixed to a public dock that is abandoned or lost property pursu- ant to s. 705.103(1), F.S. Such regulations must require the local government law enforcement to post a written notice at least 24 hours before removing the vessel - Effective: If signed by the Governor, the law will go into effect on July 1, 2017. 14 P168 8.7 DRONES Background: Congress has vested the Federal Aviation Administration (FAA) with the authority to regulate airspace use, management and efficiency, safety, navigational facilities, and aircraft noise. In the FAA Modernization and Reform Act of 2012. Congress directed the Secretary of the United States Department of Transportation (USDOT) to determine whether unmanned aircraft systems (UAS) op- erations posing the least amount of public risk and no threat to national security should be safely oper- ated in the national airspace system and if so, to establish safety requirements for operating UAS in the national airspace system. The FAA has issued rules regarding small unmanned aircrafts but there are a number of states and local governments that have attempted to regulate the operation of flight or air- craft. Specifically, the operation of personal delivery devices (PDDs). PDDs are low mass, low speed devices traveling on sidewalks using mapping, navigation, and obstacle avoidance technology. These devices are equipped with cameras and sensors and are monitored by a remote operator. Currently, Florida law does not contain any provisions regarding the operation of PDDs. Legislation: SB 832 (Young) and HB 1027 (Transportation & Infrastructure Subcommittee; Yar- borough) creates the Unmanned Aircraft Systems Act vesting in the state the authority to regulate the ownership or operation of unmanned aircraft systems, commonly known as drones. The legislation provides statutory requirements governing PDDs and unmanned aircraft systems. The legislation also authorizes, subject to local government regulation, the operation of PDDs on sidewalks, but prohibits them on certain state-owned trails. Political subdivisions are prohibited from enacting or enforcing ordinances or regulations relating to the use of unmanned aircraft systems; however, they may enact ordinances regarding illegal acts arising from the use of unmanned aircraft systems if the ordinances are not specific to unmanned aircraft systems. Finally, the Unmanned Aircraft Systems Act will sunset 60 days after the date a process pursuant to the FAA Extension Safety and Security Act of 2016 be- comes effective. Effective: If signed by the Governor, the law will go into effect on July 1, 2017. 1s P169 9. WHAT TO EXPECT DURING 2018-2019 LEGISLATIVE SESSION • Legislation Relating to Municipal Power Regulation • Legislation Relating to High-Speed'Pa'ssenger Trains • Legislation Relating to Vacatioil Rentals • Legisla:ton Relating to O.liioid Abuse Legislation Relatiiig .to :Go astal.IViaia • Legislation Relating to 1�IeIcal`3Vlat 'uana • ::. n a Le •sl • ' ' do'�R In ,�... ;�. ;;� �'-'4•.;c1<... s' �:,t� - "i.sf.':t :::', arr•<." Jam; `L`� yr ., : .,ft•:>•^ 'ytraLea; �t:�i onResponders'?:<`: `:.:, •f, •1. 'r):i for First TSD !:•?'�,.1';: :a � c�::x;:";•.; 4s>i;a••p,;,, �; c...4?�'�,,.:.•E:. P3Cj—, .c.A':c3'$`- _ :.a'. .r4�1:i�•�; h. ;S �'.y,:�,... _:ro.,=, gr ;}.LF.`4•�'''iti�`:' •l rye `, •.: :S � ..r-...,. 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Support Transparency, Accountability, and Oversight of the Florida Municipal PowerAgency 3. Promote Legislation to Increase Safety and Prohibit Unconsented Cost Shifts Associated with High -Speed Passenger -Rail 4. Support the Expansion of Foreign Trade Zone 136 S. Support a Dedicated Reoccurring Funding Source for Beach Restoration Projects a G N Appropriation Requests and Results 1. Hurricane Matthew Beach Funding • Final appropriation was for $13.1 million. z. Osprey Acres Project • Final appropriation was for$s,z34,286 3. Sebastian Septic to Sewer Project Legislation Supported by the County that Passed. ✓Legislation to assist the County in achieving its recycling goals. ✓Legislation to assist the State of Florida'sopioid crisis. ✓An Appropriation of s5o million for the State of Florida's beach renourishment and restoration projects. Legislation Supported by the County that Failed ❑Legislation promoting the High -Speed Passenger Safety Act. ❑An appropriation for septic to sewer projects for areas along the Indian River Lagoon, and the Caloosahatchee and St. Lucie Estuaries. ❑Legislation to improve the State of Florida's local rating under the National Flood Insurance Program Community Rating System. ❑Legislation requiring hospitals to develop best management practices to assist with the State of Florida's opioid crisis. ❑Legislation creating a dedicated and reoccurring funding source for beach restoration projects, and creating a scoring system for future projects. Legislation Opposed by the County that Failed ➢Legislation to preempt a local government's ability to regulate short-term vacation rentals. ➢Legislation to preempt a local government's ability to regulate businesses, professions, and occupations. ➢Legislation to entitle a first responder to workers' compensation if they suffer from Post Traumatic Stress Syndrome (PTSD). ➢Legislation to prohibit local governments from enacting, extending, or increasing taxes otherwise authorized under specified conditions. Legislation Opposed by the County that Passed ■ Legislation allowing small wireless facilities to be placed within a public right-of-way. ■ A Constitutional Amendment to increase the homestead exemption by an additional$2S,000. Legislation Opposed by the County that was Successfully Neutralized • Legislation to limit a local government's ability to levy a local business tax in excess of $25.00. • An amendment to circumvent a local government's ordinance relating to certificates of public convenience and necessity. Other Legislation • Firefighters • Medical Marijuana • Lake Okeechobee • Notice of Pollution • Construction • Vessels What to Expect in 2018 8 • High -Speed Passenger Safety Act • Vacation Rentals • Opioid Crisis • Coastal Management • Medical Marijuana • Firefighters • Workers Compensation for First Responders • Fracking • Millage Rates • Local Government Fiscal Responsibility and Transparency • Local Government Lobbyist Registration • State Preemption on Business Regulations and Taxes 1313 County Attorney's Matters - B.C.C. 6.6.17 Ofce of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 17, 2017 SUBJECT: Designated Receiving System Transportation Plan BACKGROUND. Pursuant to Senate Bill 12 (2016), each county, in collaboration with the managing entity, is required to develop and implement a transportation plan by July 1, 2017. The transportation plan must describe the methods of transport to a facility within the designated receiving system for individuals subject to involuntary examinations or involuntary admissions under Florida Statutes. On April 19, 2017, the Indian River County Transportation Plan (the "Transportation Plan") was reviewed by the Indian River County Public Safety Coordinating Council for Criminal Justice, Mental Health, and Substance Abuse. Comments made by the Indian River County Public Safety Coordinating Council for Criminal Justice, Mental Health, and Substance Abuse have been incorporated into the Transportation Plan. The Southeast Region of the Department of Children and Families Substance Abuse and Mental Health Program Office, and Southeast Florida Behavioral Health Network, the managing entity, in conjunction with Indian River County are responsible for providing oversight to the Transportation Plan. Under the Transportation Plan, the Indian River County Sheriffs Office will be the law enforcement agency designated to take a person into custody upon the entry of an ex parte order or the execution of a certificate for involuntary examination by an authorized professional and to transport that person to the appropriate facility within the designated receiving system. Under the Transportation Plan, depending on the circumstances, an individual will be transported to either the Indian River Medical Center's Behavioral Health Center or New Horizons of the Treasure Coast and Okeechobee in Ft. Pierce. Law Enforcement may take into consideration individual choice when making a determination of which Baker Act receiving facility to transport the individual. FUNDING. The costs associated with the Transportation Plan are already incorporated into the Indian River County Sheriffs Office budget. F.•W11—yVJ-dc1GEAWRALIB C Cus—& lmroslT sporrotbn Pl +da• P171 Board of County Commissioners May 17, 2017 Page Two RECOMMENDATION. The County Attorney's Office recommends that the Chair allow for public comment on this matter .and then have the Board vote to approve the Indian River County Transportation Plan. ATTACHMENT(S). Proposed Indian River County Transportation Plan. F-, ttamey"dMG&VDW B CCWgmd-M—oskT o ywrl Pl doc P172 INDIAN RIVER COUNTY TRANSPORTATION PLAN 2017 DEPARTMENT OF CHILDREN AND FAMILIES SOUTHEAST REGION SUBSTANCE ABUSE AND MENTAL HEALTH P173 INDIAN RIVER COUNTY TRANSPORTATION PLAN Introduction Purpose System Capacity Medical Treatment Choice Methods of Transportation Marchman Act Transportation System Oversight Interorganizational Collaboration Definitions 1 Page 2 2 2 3 3 3 4 4 4 5 P174 Indian River County Transportation Plan Introduction In accordance with Florida Statutes Chapter 394, Part 1, Florida Mental Health Act or the uBaker Act", Florida Statutes Chapter 397, Hal S. Marchman Alcohol and Other Drug Services Act, and Senate Bill 12, a plan has been developed to organize a centralized system for acute care services. This plan has been developed by the managing entity and reviewed by the Indian River County Public Safety Coordinating Council. This document will serve as the transportation plan for Indian River County. The intent of this plan is to establish: 1. An arrangement centralizing and improving the provision of services within the county, which may include an exception to the requirement for transportation to the nearest receiving facility. 2. An arrangement by which a facility may provide, in addition to require psychiatric and addiction services, an environment and services which are uniquely tailored to the needs of an identified group of persons with special needs, such as persons with hearing impairments or visual impairments, or elderly persons with physical frailties; or 3. A specialized transportation system that provides an efficient and humane method of transporting patients to receiving facilities, among receiving facilities, and to treatment facilities. Purpose The Indian River County Transportation Plan is in the continued best interest of persons in need of public mental healthcare in Indian River County. The Plan will insure that individuals on an involuntary Baker Act/Marchman Act will obtain immediate access to acute care services and will reduce the need for inter -hospital transfers for psychiatric and addiction services. Coordination of services among providers in Indian River County will continue to meet individual needs. The Plan calls for all law enforcement agencies in Indian River County to transport: 1. Adults on an involuntary Baker Act to: • Indian River Medical Center's (formally Indian River Memorial Hospital) Behavioral Health Center (BHC) • New Horizons of the Treasure Coast and Okeechobee (Midway Road Facility) (NHTC) 2. Adults on an involuntary Marchman Act to: • NHTC 3. Youth under the age of 18 years on an involuntary Baker Act to the nearest receiving facility, BHC. 4. Youth under the age of 18 years on an involuntary Marchman Act to the nearest receiving facility, NHTC. System Capacity: Baker Act Receivina Facilities • BHC — 46 Beds P175 NHTC — 50 Beds (30 for adults and 20 for youth) The receiving facilities will notify the Baker Act Task Force of any changes in system capacity. The Baker Act Task Force consists of representatives from all Baker Act receiving facilities in Palm Beach, Martin, St. Lucie, Okeechobee and Indian River counties and is responsible for reviewing and resolving issues between receiving facilities. Substance Abuse Detoxification • NHTC —12 Beds Medical Treatment Individuals needing medical treatment should be handled according to law enforcement agency policy and transported to the closest medical hospital. Choice Law Enforcement may take into consideration individual choice when making a determination of which Baker Act receiving facility to transport the individual. All persons on an involuntary Marchman Act are to be transported to NHTC. Methods of Transportation Law enforcement agencies in Indian River County are the responsible parties to transport those individuals in need of mental health services under the Baker Act to the appropriate receiving facilities. The Indian River County Sheriff's Office shall be the law enforcement agency designated to take a person into custody upon the entry of an ex parte order or the execution of a certificate for involuntary examination by an authorized professional and to transport that person to the appropriate facility within the designated receiving system under this plan. When an individual has a medical issue that needs to be addressed or an intoxication level that is medically compromising, law enforcement, or Emergency Medical Services transport the individual being detained under a Baker Act order to the nearest emergency care center for medical stabilization. When any law enforcement officer has arrested a person for a felony and it appears that the person meets the statutory guidelines for involuntary examination or placement under Florida Statutes, such person shall first be processed in the same manner as any other criminal suspect. The law enforcement agency shall thereafter immediately notify the appropriate receiving facility, which shall be responsible for promptly arranging for the examination and treatment of the person. When any law enforcement officer has custody of a person based on either noncriminal or minor criminal behavioral that meets the statutory guidelines for involuntary examination under Florida Statutes, the law enforcement officer shall transport the person to the appropriate receiving facility for examination. Once an individual is in a receiving facility, there are occasions when that individual needs to be discharged from one facility and transferred to another facility. Transportation between facilities is coordinated by the transferring facility. Law enforcement is not responsible to transport individuals from one facility to another unless the individual has criminal charges. In that case, the Indian River County Sheriffs Office shall be noticed prior to transfer and will provide the transportation. 3 P176 Upon completion of treatment for individuals who are designated "on hold" as a result of being booked prior to treatment, the receiving facility is required to contact the Indian River County Sheriff's Office to arrange for transportation to the County Jail. MARCHMAN ACT TRANSPORTATION: If an individual has a medical issue that needs to be addressed, law enforcement, or Emergency Medical Services, is required to transport the individual being detained under a Marchman Act order to the nearest hospital for medical stabilization. When the individual has been stabilized, the hospital may call the Indian River County Sheriff's Office or other local law enforcement to transport the individual to NHTC. This is provided a bed is available and the individual still requires residential placement under the Marchman Act. The individual may remain at the hospital if no bed is available. System Oversight In an effort to resolve complaints, grievances, and disputes which may arise during implementation of the plan, The Baker Act Task Force will implement necessary actions in response to its ongoing review and any public or Southeast Florida Behavioral Health Network (SEFBHN) or Department of Children and Families review. The Southeast Region of the Department of Children and Families Substance Abuse and Mental Health Program Office (the Department), and SEFBHN in conjunction with Indian River County are responsible for providing oversight to the Transportation Plan. The County, the Department and SEFBHN have the authority to resolve issues concerning the Transportation Plan, approve interagency agreements, as well as coordinate other services needed for individuals beyond acute care services. The Department also has a working relationship with the Agency for Health Care Administration if issues arise beyond the Department's authority. Interomanizational Collaboration Implementing an excellent Transportation Plan on behalf of persons in need of behavioral health services requires a significant amount of cooperation, commitment and collaboration from all parties involved. Besides having the strong support of law enforcement and the behavioral health providers, Indian River County hospitals have engaged in a public planning process which has strengthened the relationships between all parties responsible for implementing the Transportation Plan in Indian River County. The community support for this plan is evidenced by the attached letters. 4 P177 DEFINITIONS Baker Act: The Florida Mental Health Act. Marchman Act: The Hal S. Marchman Alcohol and Other Drug Services Act Receiving Facility: Any public or private facility designated by the Department of Children and Families to receive and hold involuntary patients under emergency conditions or for psychiatric evaluation and to provide short-term treatment. Private Receiving Facility: Any hospital or facility operated by a for-profit or not-for-profit corporation or association that provides mental health services and is not a public facility. Public Receiving Facility: Any facility that has contracted with the Department of Children and Families to provide mental health services to all persons, regardless.of their ability to pay, and is receiving state funds for such purpose. 5 P178 Dylan Reingold, County Attorney \Vd iam K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Ofce of INDIAN MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney T---" DATE: May 30, 2017 SUBJECT: Right of Way Ordinance BACKGROUND. /c3(L County Attorney's Matters - B. CC 6.6.17 RIVER COUNTY ATTORNEY During the 2017 Florida Legislative Session, the Florida Legislature enacted the Advanced Wireless Infrastructure Deployment Act, House Bill 687 (the "Act"). Although the Governor has not signed the Act, the Act, if it becomes law, will become effective July 1, 2017. Under the Act, local governments will have limited ability to prohibit, regulate, or charge for the collocation of small wireless facilities in the public rights-of-way. The Act includes onerous permitting requirements on local governments, including accelerated permitting timeframes, prohibition of permitting fees for those noncharter counties, such as Indian River County, already charging the local communications services tax at a rate of 0.24 percent, and allowing applicants to combine 30 small wireless facilities into one application. The Act limits the collocation fee for a small wireless facility on a local government utility pole to no more than $150 per year. The Act does allow local governments to adopt by ordinance provisions for insurance coverage, indemnification, performance bonds, security funds, force majeure, abandonment, liability, or warranties. In order to attempt to somewhat limit the impact on the Act on Indian River County, the County Attorney's Office and County staff have proposed the attached right-of-way ordinance which includes provisions authorized under the Act. The proposed ordinance establishes provisions for collocations of small wireless facilities on County utility poles in the rights-of-way relating to insurance, annual fees, security funds and abandonment. FUNDING. The cost of publication of a required public notice for a public hearing with respect to a proposed ordinance change would be approximately $150.00. This cost would be funded from the County Attorney's Office budget within the General Fund (account number 00110214-033190). Any collocation fees obtained will be deposited into General Fund/Other Misc. Revenues (account number 001038- 369900). F.,IA,t.mry1U,dMGBNEBAAB C CWg-AaAd,—Vbght-*WoyAx h—i Or&—mzd- P179 Board of County Commissioners May 30, 2017 Page Two RECOMMENDATION. The County Attorney's Office recommends that the Chair allow for public comment on this matter and then have the Board vote to authorize the County Attorney's Office to finalize the proposed right-of-way ordinance and set a public hearing for the June 20ffi Board meeting. ATTACHMENT(S). Proposed Right of Way Ordinance F.1ArromrytL'ndolGFJVFRAL18 CCWV d. Mem Oghtof-WoyAftcA—t Ord'nencr,dx P180 Section 312.11. - Performance security. A. Security bond shall be posted to secure completion of all construction or installation commenced, pursuant to a permit under this chapter, except for construction of driveways not requiring a roadway modification, for utility placement by utility companies having a valid franchise to operate in Indian River County, for drainage structures serving single family residences located in ditches parallel to the roadway, and pedestrian bikepath facilities. Security bond shall be posted in the amount of one hundred fifteen (115) percent of the estimated costs of the proposed improvements in the right-of-way. The estimate shall be prepared by an engineer registered in the State of Florida to practice professional engineering. Upon completion and approval by the public works director of all required improvements, ninety (90) percent of the posted security will be released by the public works director. A ten (10) percent warranty security will be held for an additional twelve (12) months, following which time, if all improvements are free of defects due to faulty field engineering, workmanship, or materials, this ten (10) percent security will be released by the public works director. B. In lieu of the above security, the permittee may post in an escrow account one hundred fifteen (115) percent of the estimated cost of the improvements in the right-of-way. Partial release may be authorized (up to ninety (90) percent of the posted security) as work is approved. The remaining ten (10) percent will be held for an additional -twelve (12) months, following such time, if all improvements are free of defects due to faulty field engineering, workmanship or materials, this ten (10) percent of the security -will be released by the county public works director. C. Any user placing or installing any structure or object on County utility poles or other equipment or structures within the right-of-way shall ensure that at least thirty (30) days prior to the commencement of any work on County utility poles or equipment or structures, the user, provide the Public Works Director security, in the form of a letter of credit, in a form deemed legally sufficient by the County Attorney's Office, or cash, posted in the amount of one hundred fifteen (115) percent of the estimated costs of replacing the utility poles or equipment or structure. The estimate shall be prepared by an engineer registered in the State of Florida to practice professional engineering Upon completion and approval by the public works director of all required improvements ninety (90) percent of the posted security will be released by the public works director. Ten (10) percent security funds shall remain in place at all times the structure or obiect remains installed or placed on the County utility poles or other equipment or structures within the right of way. If at any time the security funds are not in place the structure or obiect shall be deemed abandoned and shall be subiect to immediate removal per section 312.13. Section 312.13. - Termination of use or removal of object. Notwithstanding any section of this chapter to the contrary, the county may terminate any certain use allowable or under permit, or require the owner or permittee to remove any object allowable or under permit, if it is determined that it is in the public interest to have such use terminated or object removed. Such objects shall be removed as soon as practicable with a time limit to be established by the director of public works. Failure to comply will result in the permittee being subject to penalties as described in section 312.15. The County may immediately remove any stricture or obiect that is deemed abandoned per section 312.11 or 312.14 or for lack of payment of any annual fee adopted by the Board P181 Section 312.14. -Public protection and liability. l.Whenever any ofthe public are used under the terms mfthis chapter the person s» using them shall take necessary precautions, including illumination, for protection of the public with particular emphasis on the period from sunset to sunrise. The persons so using the public rights-of-way as a condition of that use agree to hold and save the county harmless from any and all liability that may arise out of the use of any public rights-of-way as provided in this chapter or by permit. 2. The user agrees and is bound tohold Indian River County whole and harmless against any and all claims for damages, costs, and expenses to persons or property that may arise out of, or be occasioned by the use, occupancy, and maintenance of the public right-of-way, or from any act or omission of any representative, agent, customer, and/or employee of the user. This user shall also be responsible for any claim for damage that any utility, whether publicly or privately owned, may sustain or receive by reason ofuser's use ofthe public riQht-mf-wayand improvements and equipment located thereon. User shall not make any claim of any kind or character whatsoever against Indian River County for damages that it may suffer by reason of installation, construction, reconstruction, operation, and/or maintenance of any public improvement, or utility, whether presently in place or which may in the future be constructed or installed, including but not limited to, any water and/or sewer mains and/or storm sewer facilities fiber optic cables, and whether such damage is due to flooding, infiltration, natural causes, or from any other cause of whatsoever kind or nature. It is the intention of this section, and a condition of any permit, that it shall be full and total indemnity against any kind or character of claim whatsoever that may be asserted against Indian River County by reason of, or as a consequence of having granted permission to a user to use and/or maintain a public right-of-way. User is required to defend any and all suits, claims, arcauses ofaction brought against Indian River County onbehalf mfthe county and pay any judgment mr judgments that may berendered against county inconnection therewith.