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HomeMy WebLinkAbout06/13/2017ORI' 1] BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JUNE 13, 2017 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Joseph E. Flescher, Chairman, District 2 Jason E. Brown, County Administrator Peter D. O'Bryan, Vice Chairman, District 4 Dylan Reingold, County Attorney Susan Adams, District 1 Jeffrey R Smith, Clerk of the Circuit Court and Comptroller Bob Solari, District 5 Tim Zorc, District 3 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Stan Boling, Director, Community Development Department 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Update on Indian River Lagoon Pilot Project by Adam Taylor, President/CEO, Greenfield Resources 5.11. Presentation of Proclamation Designating June 19th through June 25th, 2017 as Amateur Radio Week 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Release and Waiver of Right of First Refusal 7.11. Sales Order Agreement for Voting Systems June 13, 2017 Page 1 of 4 8. CONSENT AGENDA 8.A. Checks and Electronic Payments May 26, 2017 to June 1, 2017 8.13. Airport Zoning Regulations Interlocal Agreement 8.C. Award of Bid No: 2017050 Indian River County Courthouse Judge's Security Upgrade Project 8.1). Partial Release of Retainage - Borrelli & Partners, Inc. Intergenerational Recreation Facility at South County Regional Park IRC Project No. 1135 RFQ No. 2012024 8.E. Work Order No. 3 Morgan & Eklund, Inc., 2017 Beach Profile Monitoring Surveys (SUMMER) 8.F. Change Order No. 1, Final Payment and Release of Retainage Old Dixie Highway Resurfacing (71st Street to County Road 510) 8.G. Work Order No. 5 Atkins North America, Inc., Wabasso Fishing Pier Demolition Project - Data Collection and Preliminary Planning 8.11. FDOT Emergency Local Government Emergency Relief Reimbursement Agreement - Hurricane Matthew 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A.1. Indian River County Supervisor of Elections Leslie R. Swan: Request for Board Approval to combine two polling sites and relocate these precincts to the Intergenerational Recreation Center and to upgrade the ten remaining EViD "All -in -One" electronic polls books to the new EViD "Compact" units 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Collier Creek Estates Subdivision (Utility Phase 2) and Harbor Point Subdivision (Utility Phase 3) Petition Water Assessment Project, Public Hearing and the Adoption of Resolution No. III (Legislative) 10.A.2. Ordinance Concerning Medical Cannabis B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Anibal Miliani Regarding Outstanding Utility Liens on Property Purchased in Indian River County 10.13.2. Request to Speak from Thomas F. Coughlin Regarding Jungle Trail Safety C. PUBLIC NOTICE ITEMS 10.C.1. Notice of Public Hearing for June 20, 2017: Indian River County's Request for Special Exception Use Approval for the Osprey Acres Floway and Nature Preserve (Public Limited Utility) [SP -SE -17-06-09 / 2005060500-78909] (Quasi -Judicial) June 13, 2017 Page 2 of 4 10.C.2. Notice of Public Hearing for June 20, 2017: Indian River County's Request for Abandonment of a Portion of 12th Avenue SW from 5th Street SW to a Point 165' North of 7th Street SW as shown on the Indian River Farms Company Plat of Lands and Plan for Land Drainage and Road Reservations [ROWA-17-03-02 / 2005060500-78340] (Legislative) 10.C.3. Notice of Public Hearing for June 20, 2017: to Consider Amending Chapter 312 of the Code of Indian River County. (Legislative) 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. Request to Review Scope of Services and Authorize Initiation of the Consultant Selection Process for an Impact Fee Update B. Emergency Services C. General Services 1. Human Services 2. Sandridwe Golf Club 3. Recreation D. Human Resources E. Office of Manaeement and Budget 12.E.1. Interfund Loan - Lakes Golf Course F. Public Works G. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Code Enforcement Board Appointment 13.B. Resolution Authorizing the Florida Department of Transportation to Acquire Right -of -Way for the State Road 60/43rd Avenue Project and Use the Mermaid Carwash and Lennie's Lounge Parcels as Mitigation and for Cure Plans 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher. Chairman B. Commissioner Peter D. O'Brvan. Vice Chairman C. Commissioner Susan Adams 14.C.1. Roseland Community Building D. Commissioner Bob Solari June 13, 2017 Page 3 of 4 E. Commissioner Tim Zorc 14.E.1. Request to Discuss Audit of Homestead Exemptions 14.E.2. Follow-up on Privately Funded Indian River Lagoon Pilot Project 15. SPECIAL DISTRICTS AND BOARDS A. Emer2encv Services District B. Solid Waste Disposal District 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. nz June 13, 2017 Page 4 of 4 W November 15, 2016 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 8, 2016 SUBJECT: Privately Funded Indian River Lagoon Pilot Project FROM: Tim Zorc Commissioner, District 3 Discussion Item: A free Pilot Project on water that is being conveyed in the canal system of the Indian River Farms Water Control District has been offered by Greenfield Resources. The offer for the free pilot project came up during a recent meeting when Greenfield Resources President/CEO, Adam Taylor, was visiting the Space and Treasure Coast last month looking for opportunities where they could field test their technology and equipment in Florida. Pilot Project Phases: Phase 1 - The offer, if accepted by the County and Indian River Farms Water Control District, would start with representatives coming to the County to take a number of water samples from a variety of locations in the canal system. These samples will them undergo a complete analysis of the water to see how well the technology utilized by Greenfields removes elements in the water. Water samples would then be transported back to Greenfields Corporate headquarters located in Troy, Michigan, for processing. Phase. 11 — Following the analysis of the water samples, the next phase of the pilot project would be for Greenfield Resources to temporarily locate one or more water processing units at a location suitable to Indian River Farms Water Control District ;and Indian River County. The temporary units would pull water from an approved location and then discharge the clean water back into the canal. I would like to offer assistance to Greenfield Resources in coordinating with Indian River Farms Water Control District on furnishing electricity for the processing unit at an existing county facility or at the equipment location. I would also like to discuss suggestions, at an upcoming meeting with staff, for testing types and data that could be run in conjunction with the duration of the pilot project to measure the effectiveness of the water processing. P1 The timetable for the project would include collecting the water samples sometime over the next 3-6 weeks and running the pilot project in early 2017. A brief background on Greenfield Resources (information provided via the website, hi#p://greenfieldresources.com/): Greenfield Resources develops and manufactures the world's most advanced industrial water treatment systems. Greenfield's A.L.E.F. (Advanced Linear Electro -Floatation) system stands alone as the most innovative and cost-effective water treatment technology in the world today. Greenfield's systems are capable of treating wastewater in over 35 different key industries, from the oil and gas sector to aquaculture, poultry farming and municipal water facilities. Founded in June of 2014, Greenfield Resources Corporation is a privately owned and operated industrial wastewater technology company based in Troy, Michigan, with regional offices in Denver, Colorado and Beijing, China.. The company is the developer and manufacturer of the world's most advanced industrial water treatment systems. Their seasoned team of professionals boasts over 250 years of combined experience in energy, environmental technology, international business, finance and management. Greenfield Resources diligently seeks to expand its horizons and influence by discovering and developing new methods to cost-effectively treat and recycle the world's most valuable resource — water. The company holds numerous US and international patents o_n the world's most advanced, chemical -free water treatment technologies. P2 //Av Greenfield Resources Home About Us Technology Cost t. (866) 283-3010 Asia-Pacific Contact 1113Z J V £Y x 1 Technological Innovation The Water Project Operating Cost + � � nn�©� � ,i Greenfield Resources Corporation _. Greenfield Resources develops and manufacturers the world's most , advanced industrial water treatment systems. Greenfield's A.L.E.F. (Advanced Linear Electro -Floatation) system stands alone as the most i 4 1 innovative and cost-effective water treatment technology in the world today. Greenfield systems are capable of treating wastewater in over 35':. different key industries, from the oil and gas sector to aquaculture, poultry farming and municipal water facilities. l r P3 - - :• a �y.�t�;v e * ;� "All men dream, but not equally. Those who dream by night in the dusty recesses of their minds, wake in the day to find that it was vanity: but the fundraising Goal: $10,000.00 dreamers of the day are dangerous men, for they may act on their dreams with open eyes, to make them possible." -TE. Lawrence TheWdLlm' Prco ecl l r P3 DWA PROCLAMATION DESIGNATING JUNE 19TH THROUGH JUNE 25TH , 2017 AS AMATEUR RADIO WEEK WHEREAS, Indian River County is home to more than 500 licensed radio amateurs; and, WHEREAS, the Amateur Radio Emergency Service of Indian River County provided valuable communication assistance to five American Red Cross Shelters, two area hospitals, and the Humane Society during Hurricane Matthew in October of 2016; and, WHEREAS, Indian River County recognizes and appreciates the diligence of these "hams" who also serve as weather spotters in the Skywarn program of the National Weather Service; and, WHEREAS, these radio amateurs are always on alert for tornadoes, floods, tropical cyclones, or any other local emergency, and use their communications skills to assist local and state government officials; and, WHEREAS, Indian River County radio amateurs generously donate their time and equipment to provide communications support to local service clubs, organizations, and charities; and, WHEREAS, members of the Vero Beach Amateur Radio Club will continue to improve their communications skills by operating during the twenty-four hour emergency simulation known as 'Field Day' on June 24-25, 2017. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that June 19th through June 25th, 2017, be designated as AMATEUR RADIO WEEK in Indian River County, and the Board calls this observance to the attention of all our citizens. Adopted this 13th day of June, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Bob Solari Tim Zorc P4 ITI Office of the INDIAN RIVER COUNTY Jason E. Brown, County Administrator Michael C. Zito, Assistant County Administrator ADMINISTRATOR MEMORANDUM TO: Members of the Board of County Commissioners FROM: Jason E. Brown County Administrator DATE: June 14, 2017 SUBJECT: Release and Waiver of Right of First Refusal At the Board of County Commission Meeting of May 16, 2017, the Board approved waiving the right -of -first refusal for purchase of the 5.38 acre vacant parcel of land located at 5110 State Road A 1 A, adjacent to the County's Tracking Station Oceanfront Park, to allow the Town of Indian River Shores to complete the sale to Lutgent Companies as specified in the Real Estate Purchase and Sale Contract between Indian River Shores and Lutgent Companies. Based on this decision and attached for your information is the executed Release and Waiver of Right of First Refusal approved by the County Attorney's Office and signed by the Chairman, Joseph E. Flescher. P5 Parcel Identification #32-40-20-00000-0010-00002.0 and 32-40-19-00000-0090-00006.0 RELEASE AND WAIVER OF RIGHT OF FIRST REFUSAL BE IT HEREBY KNOWN, that INDIAN RIVER COUNTY, a political subdivision of the State of Florida (hereinafter referred to as "COUNTY") hereby and herewith waives and relinquishes its right of first refusal to purchase the property described on the attached Exhibit "A" presently owned by the TOWN OF INDIAN RIVER SHORES, a municipal corporation under the laws of the State of Florida (hereinafter referred to as "TOWN"). This Waiver is for the sole purpose of waiving and relinquishing the COUNTY's right of first refusal referenced in that certain County Deed dated March 16, 1993, and recorded September 1, 1993, in Official Record Book 987, Page 43, Public Records of Indian River Count), Florida, for the sale to Lutgert Vero, LLC, a Florida limited liability company (as assigned from Lutgert Companies) as specified in Real Estate Purchase and Sale Contract dated May 6, 2017. By this Release, COUNTY hereby expressly releases any right of entry it may have to mine and develop phosphate, minerals, metals, and petroleum reserved pursuant to 270.11, Florida Statutes. IN WITNESS WHEREOF, the COUNTY has caused these presents to be executed in its name by its Board of County Commissioners, acting by the Chairman of the Board, the day and year aforesaid. INDIAN RIVER COUNTY, FLORIDA (SEAL) BOARD OF COUNTY COMMISSIONERS ..•••'"""'•- Attest: �Mts IO ... . `�A, o By: roJr' iC' G Joseph .E. Flescher, Chairman Clerk 's STATE OF FLORIDA •t `�y, o, •, COUNTY OF INDIAN RIVER .gyRIVER......••C.. -, I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and county aforesaid to take acknowledgements, personally appeared c 05eoh r%. •�t&SChef' and ft1,A,ak-e efi U e-) 1;� , as Chairman and clerk of the Board of County Commissioners of Indian River County, Florida, named herein, and they severally acknowledged executing [lie same under the authority vested in them by said board and that the seal affixed thereto is the true seal of said Board. They are personally known to me. WITNESS my hand and official seal this (qday of JLt4A Q , 2017. APPROVED AS TO FORMcklvt41 - AND LEGAL SUFFICIENCY ---- _ Notary Public, . x:.: CHRISTINA M.000RNOYER E3 •; MY COMMISSION r FF 907600 I EXPIRES: Augusts 2019 LAN REINGOLD „%;t 6=WThru%1sryPuWl7adener�ers COUNTY ATTORNEY P6 EXHIBIT "A" The South one-half of Government Lot 9 less the North 620 feet thereof, and Government Lot 10 less the South 1070.63 feet thereof all in Section 19, Township 32 South, Range 40 East and lying east of State Road A -1-A; also the North 320 feet of the South 1390.63 feet of Government Lot 1, lying west of the East 10.69 acres of said Government Lot 1, Section 20, Township 32 South, Range 40 East, Indian River County, Florida, being more particularly described as follows: Beginning at the Southwesterly corner of Pebble Beach Development No. 2, according to the plat filed in Plat Book 7, Page 83A, Public Records of said Indian River County and running thence N 89 degrees 53' 24" E, 421.88 feet along the South boundary of said Pebble Beach Development No. 2; thence run S 0 degrees, 06' 36" E 20.00 feet along said South boundary; thence run N 89 degrees, 53' 24" E, 344.28 feet to the Southeast corner of Pebble Beach Development No. 2; thence S 0 degrees 22' 34" W, 320 feet along the West boundary of the East 10.69 acres of said Government Lot 1, Section 20, Township 32 South, Range 40 East; thence S 89 degrees 53' 24" W, 654.33 feet, more or less, to the Easterly right of way of State Road A -1-A; thence N 17 degrees 54' 12" W, 357.06 feet more or less to the Point of Beginning. LESS AND EXCEPT the Southerly most five (5) feet reserved for pedestrian walkway. Lying and being in Indian River County, Florida. P7 Dylan Reingold, County Attorney William K DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Informational Items- B. CC 6.13.17 Office of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney oV l DATE: June 7, 2017 SUBJECT: Sales Order Agreement for Voting System BACKGROUND On March 21, 2017, the Indian River County Board of County Commissioners (the `Board") approved purchase of a voting system for the Supervisor of Elections Office from Elections Systems & Software. Sales Order Agreement with Elections Systems & Software has since been executed by the Board chairman. Attached is a copy of the final executed Sales Order Agreement. ATTACHMENT(S), Sales Order Agreement with Elections Systems & Software F.IArtmMylfLdolCE!✓QtALIB CCL1g`xdaAf<maslYotirgMocNne Cmnvctdoc P8 ti20$MiN CAALTBLVD OMAHA, NE 66137-23 A (402) 5930101 Sales ' O d .i Agreement Customer Conta6l. Title: Leslie Rossway Swan - Supervisor of Elections Customer Name: Indian Rive County, Florida Type of sate: 0 NEW Type orEgwp. 0 NEW 0 REFURBISHED Bili To: Indian Rive County. Florida testle RosmM Swan - Supervisor if Elections 4375 43rd Avenue, Vero Beach FL. 32967 Customer P.O. JI: 1st Election bate: To be Agreed Upon by the Parties Estimated Delivery Date: To be Agreed Upon by the Parties Phone Number: (772) 226.3495 Fac0utmber. ("2) 77065367 St T1t� o: Indian Rive County. R od& LeSNe i2osavray Swan-$upervBar of fieaions 4376 43rd Avenue Vero Beach, FL 32967 lditt 1 DS200 Model DS206 Digital image Scarper vaih Wasnal Badarp Baftety, Plastio Bbitot Boo with Steel Door and "in, Paper Roll, and 869 Jump Drive 2 Other DS200 Wireless Modem (Vanzon) 5 Dow Tote Bin 4 101her 4OB Jump Drive (Addlional) 5 other 11" DS200 Blank Ballot Stack (500 per pkii) B DSS50 Madel DSSW High Speed DfgOal.lmage Scanner %fth Steil Table. Report Prfnta , Audit Printer, Start -Up Kit. Dust Cove, Battery Backup, Two (2) iJS8 Gables; and Three (3) 0W Thumb Drives 7 fol ial Annual ).!cense Fee Model DS8W Seamier 8 01har 8GB Thumb Drive (Additional) 9 Exp —Vote ExpressVote BMD Terminal vMh intemat Backup Batter). POW -Supply. With AC Cord, DA Keypad, Headphones, and 4GB Flesh Drive 10 Expressvote . SollSided Carrying Case 1.1 Other ExpressI.ink Printer 12 OOrar ExpressVote Ballot Card Shuck -1i" jZW ppr:p%g) 13 Other ExpressVote Ballot Card Stock -14" (250 per pkg) U Other ExpressVote BaW Card SI4ck -19" (260 par pk9) 5s Software ElectionWareSofware-PYOSlandard 16 softwere Expre-wLlnk Software 17 Tldrd Party items 3rd Pady items as set forth on Exhibit B 18 Network insteilation 3rd Party Configuration and installation - CirstomerSke 19 EglrTrrma,M Inalalletion Modei DS200 Scanners Ply. I1211-11 0 20 Equipment Instailationt Training Fee Model DS850 Scanner 21 Equipment enlationt Training Fee Model DS850 Scanner (Additional Unit) 22 Equipment Installation ExpressVote BMD Terminafs 23 Servfpea project Management Day 24 Services Equipment Operations Training May 25 Services Software Training Day 25 Services Election OMSV Support Event Equipment Being Traded -fn by Customer Includes: 27 rads -hs Allowance 1- Optech 400-0 Kgh Spoed.Tabulator tl4- Optech Insight plus with BWbt.Box 74 - AVC Edge 28 hlppfrng Shipping & Handling Freight Billable: yes G no Gene Seets Regional Sales Manager V.P. of Finance Date. $3,575.00 $3,575.00 $1,000.00 $1,000.00 $105.00 $4,410.00 $1,650.00 $29,700-00 $1,650.00 $3.30000 51,660.0o 59,50.00 $4,525.00 $13,57$.00 ($10,250.0 ($10.2bb.00) $9.693.30 $9.$93:50 Order'Subtat $ 1,047,163:64 Customer pireoum ($1020"" Order TOW I :$ 944 $58.&7 Trads4n 15401p rumt 4; p ES&S will coordinate and pay for the pkkup.arnd transportation of the trade-in equipment from Customef s site on a date to be mutually agreed upon by the par s£ jQy caw..... •`,,�,,��r ES&S Is reeponsbIs for preparfng. packaging and palfelWng the trade4n equipment for shipment. L`�Ii14;ii+ w1...r►isM Note 1: Standard ES&S voter educc&hgdirvldeds and artwork materials in digital format. (Customized voter education materials will be per quote) Note 2: ES&S agrees to, provide the Cu9tomervAh a cmdit in the amount of 57,680.00 to be used towards the hftm purchase of DS200 Wank ballot stDt* at the price s$t forOt Below. Costbmer must use the foregoing pmdit-by December31, 201 S..ShIppingcosts are not included and are additive. '14',17". and 19" batkll stock is priced at$60.b0 per package (package includes 500 sheets of ballot stock) 100% of Order Totandue Thirty (30) Calendar Days after the later of (a) Equipment Delivery, or (b) Receipt drCaMsponding EM&S Mvolce. Payment Terms Note 1: Any applicable state and local faxes are riot Included, and are the reepona ithy of the Customer. Hole 2: in no eVent shall Customer's payment obligations hereunder, or the due dates for such payments, be 0amngent or cbtt* tial upon Customer's moelpt of fedi wWw state funds. Watrwanty period (Years): 0,na(1)Year. After Equipment Delivery Hardware main#enance and Software License, Mairriena:tee and Support Services (Post Warranty Period) The terns, conditions, and:pd*g for the Hardware MaWenance Arid Soflware License, Maintenance and Support Services (Post -Warranty Period) am sel forth in EP&N A attached. hereto. SEE GENERAL TERMS AND CONDITIONS .ATT -EST: APf'A0Vr-D AS. YO l 014M Jeffrey R. Smith, Clerk of Court AND LEGAL SUI"i=1CI.ENCY and o11er BY: ii3Y t.AN RE°iNGOLD COUNTY ATTORNEY an$ EXHIBIT A HARDWARE MAINTENANCE AND SOFTWARE LICENSE, MAINTENANCE AND SUPPORT SERVICES (POST -WARRANTY PERIOD) ARTICLE I GENERAL 1. Term; Termination. This Exhibit A for Hardware Maintenance and Software License, Maintenance and Support Services shall be in effect for the coverage period as described in Schedule Al (the "Initial Terryi. ). Upon expiration of the Initial Term, this Exhibit A shall automatically renew for an unlimited number of successive One -Y -ear Periods (each a 'Renewal Periodj until this Exhibit A is terminated by the first to occur of (a) either party's written election not to renew, which shall be delivered to the other patty* at least thirty(.p% days prior to the end of the Initial Term or any Renewal Period, as applicable, (b) the date which Is thirty (30) days after either party notifies the other that it has materially breached this Exhibit 6 if the breaching party fails to cure such breach (except for a breach pursuant to subsection (a), which will require no notice), (c) the date which is thirty (30) days after ES&S notifies Customer that it is no longer able to procure replacement parts that may . be needed In order to perform the Hardware Maintenance Services'contemplated hereunder, (d) the date on Which the. Equipment or fift.nwgre installed thereon is no longer certified by federal and/or state, authorities for "use In Customer's jurisdiction, or (a) the date which is thirty (30) days after Customer fails to pay any amount due to ES&S under this Exhlbit 0. The, termination of this Exhibit shall not relieve Customer of Its liability to pay any amounts due to ES&S: hereunder and shall, only entitle Customer to a prorated refund of any foes already paid to ES&S In the event that this is Exhibit A is terminated pursuant to subsection 1(c) or 1(d) above. 2- EgM In consideration for ES&V agreement to provide Hardware Maintenance brid Software License, Maintenance and Support -Services under this Exhibit A Customer shall pay to E%S the Hardware. Maintenance and Software License, Maintenance and Support Fees set forth on Schedule.Al for the Initial Term, The Hardware Wintenahce and Software License. Mairdenance and Support Fees for the Initial Term are due as, set ,forth on Schedule Al. ES&S may increase the Hardware Maintenance and Software License, Maintenance and Support Fees for a Renewal Period by not more than 3% of the amount of the most recent Fees, paid. by Customer. All ,fees for any Renewal Period shall be due and payable no later than thirty (30) days prior to the beginning of such Renewal Period. 'The Software License, Maintenance and Support Fee shall be -comi ised of (0 is ed. f", for the Software License, Maintenance and Support provided for the ES&S. Fimwmfe, and (0) a fee for the Software License, Maintenance and Support provided for all other ES&S Software, and shall be in addition tO'w,-,y fees or charges separately referred to in any Section of this Exhibit -A If Customer elect$ to receive Square License, Main't6tiance and Support f6ranAdd-On or New,Product during the Initial Term or any Renewal Period thereof, ES&S will charge an incremental Software License, Maintenance and Support Fee for such services. In the event Customer terminates this Exhibit A through no fault of ES&S and later desires to subscribe for a Hardware Maintenainceand Software License, Maintenance and Support plan, or otherwise changes. its Hardware Maintenance and Software License, Maintenance and Support plan with ES&S during the Initial Term or any Renewal Period thereof; ES&S will charge the Customer its then current contract administration fee in order to process such new subscription for, or change in, Hardware Maintenance and Software License,, Maintenance -and Support plan coverage. ARTICLE II HARDWARE I, -Matnteriante SamlcLesi The Hardware Maintenance Services.to be provided to Custorrier under' , this Agreement for the ES&Sequipment -set forth on Schedule Al (the"Products") shelf be subject jothe following terms and conditions- a.Routine Maintenance Services. An ES&S Representative shall provide such servicesas may be necessary to keep the Products working in accordance withtheir Documentation, normal wear and tear excepted rNormal Working Condition"). The services provided by ES&S pursuant tothl's Subsection 11(a) are mferred to herein as *'Routine Maintenance Services. Roullhe. Maintenance Services shall be provided once each h Twelve (12) Months during the Initial Term or, any Renewal P11 Period thereof. Generally, Routine Maintenance Services shall include cleaning, lubrication, diagnostic check, and calibration services. The Routine Maintenance Services shall not include the repair or replacemerit of any ES&S Equipment components that are consumed in the normal course of operating the Equipment, including, but not limited to, printer ribbons, printer cartridges, paper rolls, batteries, removable media storage devices, PCMCIA cards or marking devices. Customer may request that Routine Maintenance Services be performed more than once during the Initial Term or any Renewal Period. Any such request. shall be made at least .sixty (60) days before the Routine Maintenance Services are desired. The per-unit fee for such additional Routine Maintenance Services is set forth on Schedule Al and shall be due within thirty (30) days after invoice date. At the request of Customer, ES&S shall provide a reasonably detailed record of all Routine Maintenance Services performed with respect to the Products. ES&S Will schedule the Routine Maintenance Services with Customer. The. Routine Maintenance Services Will be provided at Customer's Designated Location. Customers "Designated Location" shall mean Customers owned or leased facility at which Customer desires ES&S to perform the Hardware Maintenance Services. 'Repair Services. I. Defects Under Normal Use and Service. If a defect or malfunction -occurs In any Product while it is under normal use and service, Customer shall promptly notify ES&S, and ES&S .shall use. reasonable. efforts to restore the Item to Normal Working Condition as soon as practicable. The services provided by ES&S pursuant to this Subsection 1(b)(1) are referred to herein at "Repair Services`. EUS Will perform Repair Services in conjunction with a Routine: Maintenance Service event at the Customees Designated Location. IL Defects Due to Customer Actions or Omissions. If a defect or malfunction, occurs in any Product as a result of (1) repairs, changes, modifications or alterations' not authorized or approved by ES&S, (Z) accident, theft, vandalism, neglect, abuse or use that Is not In accordance withinstrUctiorts or specifications fumished by ES&S or (3) causes beyond the reasonable control of ES&S or Customer, Including acts of God, fire, flooding, dots, acts of war, terrorism or. Insurrection, labor disputes, transportation delays, governmental Tegulatipris, and utility or communication interruptions, rodent Infestation, or if Customer does not notify ES&S within 72 hours after it knows of the defect or malfunction or Is otherwise not in compliance with its obligations hereunder. Customer, shall pay ES&S for the Repair Services at ES&S' then- -current rates, as well as for the dost of all parts used In connection with such Repair Services, Ill. Timing. The date(s) on which any Repair Services shall be provided shall .be mi#uallyagreed upon by EMS and Customer. If Customer requires ES&S to provide Aernorgoncy" Repair Services (which shall be defined as Repair Services that are provided by ES&S within 46 -hours afterCustorner notifies ES&S of the need therefore), and such "pr9endy Repair Sorvicesere not needed as a result of an action, error or omission by ES&S, Customer shall pay, a surqhatgs, asset forth on Schedule Al iv. Loaner Unit. At Customer's request -and N such product is available, ES&S shall use reasonable efforts to promptly make available to Customer a product that Is the same as, or substantially similar 10, the Product for which Repair Services are being performed (a *Loaner - Unit*)., If the: Repair Services; are Wing performed pursuant to Subsection 1(b)(0) aborta; Customer thall pay ES&S: for the use of the Loaner Unit at ES&S' then -current rates Including the cost of shipping. C. Exclusions, ES&S has no obligation under this Agreement to (I) assume the, obligations under any existing or expired warranty for a, Third Party Item; (ii) repair or replace. Product components that are consumed In, the normal course of operating the Product including, Out not limited to; printer ribbons, printer cartridges, paper rolls, batteries, removable media storage -devices, PGMCIA cards or -marldrig devices, Ot (01i)repair any Product from Which the serial number has basin removed :or altered. In addition, ES&S may, .at any the in its discretion, determine that -any Productis no longbr** for Hardware Maintenance Services because itis in such poor condition that it cannot practically be P12 restored to Normal Working Condition, or cannot be restored to Normal Working Condition at an expense that is less than the then -current value of the Product. If such a determination is made, ES&S shall no longer be required to provide Hardware Maintenance Services for such Product. ES&S shall also refund to Customer an amount equal to (1) that portion of the most recent fee paid for Hardware Maintenance Services that is attributable to such Product, multiplied by (2) a fraction, the numerator of which Is the remaining number of days in the respeotive period within. the Initial Term or Renewal Period for which such fee was paid and the denominator of which is the total number of days in the respective period within such initial Term or Renewal Period. d. Sole Provider: Access. Customer shall not permit any individual other than an ES&S Representative to provide -maintenance or repairs with respect to the Products for so long as the Initial Term or any Renewal Period is in effect. Customer shall provide ES&S Representatives with all information necessary to enable them to provide Hardware Maintenance Services. Ctistorner shall, likewise provide full access to the Products and adequate working space for all Hardware Maintenance Services performed at Its Designated' Location, including sufficient heat, rights, ventilation, electric current and outlets. e. Stora-ge. When not in use, Products should be stored In a clean, secure environment. During operation of the Products, the facifity 1emperature'range, should be 50* to 104* and the moisture range should be 10% to 50% relative humidity, f. Reinstatement of Hardware Maintenance Services: inspection. If the Initial Term or any Renewal Period thereof expires without being renewed, Customer may thereafter resume receiving Hardware Maintenance Services upon (a) notification to. ES&S and (b) the granting to ES&S, of access to the Products. EM requires Customer 'to, allow it to inspect such Products before it provides any Hardware Maintenance Services. *The purpose of such inspection shall be to determine whether or not the Products are in Normal Working Condition. The cost of such inspection will be at ES&S' then current rates and shall be due from Customer within thirty (30) days of its receipt of ES&S' invoice therefore. If any of the Products Is not In Normal Working Condition, ES&S, at the option of Customer, 01 shall provide such repairs and replacements As it deems reasonable and necessary to restore such Rem to Normal Working Condition, at Customer's expense with respect to the cost of any labor (chargett at ES&S' then current -rates) and parts used in such repairs or replacements, or (0) shall not provide any Hardware Maintenance Services with respect to such Product(s). ARTICLE. II SOFTWARE- LICERM MAINTENANCE AND WJEPORT SERVICES 1 License and ServicesProvided. FES&S shall provide license, maintenance and support services ("Software License, Maintenance and Supporr) for the' S&S Software and.ES&S Firmware (collectively, "IES$,S Software"), to allow customer to continue to license- and use the -software in accordance with the license terms set forth in Sections 2-4 of the General Terms as well as to enable it to perform in accordance with its Documentation in all material respects, and to cure any defect in material or workmanship. The specific Software License, Maintenance and Support services provided -by ES&.8and each party's -obligations with respect to such services, are set forth on Schedule Al 2. Updates. During the Initial Term and any Renewal Period thereof, ES&S may continue to provide Updates in accordance with the terms of Section 6 of the General Terms. 3. Conditions. E,,$&S shall not provide Software License. Maintenance and Support for any item of ES&S Software 'lf such Item requires such :services as result. of (a) repairs, changes, modifications or afterationd not authorized or approved by ES&S,, (b) accident, theft, vandalism, neglect, abuse or use that it not in accordance with instructions or specifications furnished by ES&S,, (c) causes beyond the reasonable control of ES&S or Customer, 'including acts of God, fire, riots, acts of war, terrorism or insurrection, labor disputes, transportation delays, governmental regulations --arid,ubtilty'or communication interruptions, (d) Customer's failure to timely and properly Install and use the most.recent update provided to it by ES&S,(e) Cuilttimefs failure to notify ES&S within three (3) business days after Customer khoWs of the, need for such services, or (f) if Customer Is otherwise not In P13 compliance with its obligations under this FAN A. Any such Software License, Maintenance and Support shall be provided at the fees to be agreed upon by the partes if f and when the need for such Software Licerise, Maintenance and Support arises.. Replacement versions of Software requested by Customer as a result of items set forth in this SecUon 3 or as a result of Customer's actions or inactions shall be billable to Customer at ES&S' then current rates. . 1 4. Proprietary Rights. ES&S shall own the entire right title and interest in and to all corrections, programs, information and work product conceived, created or developed, alone or with Customer or others, as a result of or related to the performance of this Exhibit A, including all proprietary rights therein or based thereon. Subject to the payment of all Software License, Maintenance andSupport Fees, ES&S hereby grants to Customer a non-exclusive license to use that portion of such corrections, programs, information and work product that EW actually delivers to Customer pursuant to this Exhibit All licensed Items shall be deemed to be ES&S Software for purposes of this Exhibit A Except and, to the extent expressly provided herein, ES&S does not grant to Customer any right, license, or other proprietary right, express or implied, in or to any correcfions, programs, information, or work product covered by this Exhibit 5. ReInstaternInt of Software License, Maintenance and Support. If the Initial Term or any Renewal Period thereof expires without being renewed, Customer may thereafter receive a Software License and resume.receiving Software Maintenance and Support upon (a) notification to ES&S, (b) payment of all fees including a reinstatement charge, which would h - ave been due to ES&S had the Initial Term or any Renewal.Penlod not expired, and (c) the granting to ES&S of access to the F -S&S Software, so that ES&S may analyze it and perform such maintenance as may be necessary before resuming the Software License, Maintenance and Support services. P14 Schedule Al Pricing Summary Summary: Description Refer To Amount ES&S Hardware Maintenance Fees ES&S Hardware Maintenance $280,692.00 Description and Fees Below ES&'S Software License, ES&S Software License, Maintenance and Support Fees Maintenance and Support $432,522.00 Description and Fees Below ES&S Firmware License, EUS Firmware License, Maintenance and Support Fees Mpiint4neince and Support $123,930.00 Description and Fees Below Total Maintenance Fees for the Initial Term: $837,144,00 Terms &S20gltlons- Mote i: Any applicable state and local taxes are not included, and are the responsibility of Customer. Note 2. In the event the Customer subsequently acquires any ES&S Equipment and or ES&S So%we' the post warranty maintenance and support periods will be -adjusted to synchronize the dates in order to conform with the current term, . I P15 ES&S HARDWARE MAINTENANCE DESCRIPTION AND FEES Initial Term: Expiration of the Warranty Period .through the ninth anniversery thereof Qty Description Cover -age Period I Annual Maintenance fee Per Unit Maintenance Fee In Total, 76 Model DS200 Scanner Year 1 $213.00 $16,188.00 2 Model DS850 Scanner Year 1 $4,602.00 $9,204.00 42 ExpressVote BMD Terminal Year 1 $138.00 $5,796.00 Total Maintenance Fees for Year 1 $31,188.00 ExpressVote BMD Terminal 76 Model DS200 Scanner Year 2 $213.00 $16,188.00, 2 Model DS850 Scanner Year 2 $4,602.00' $9,204.00 42 ExpressVote BMD Terminal Year 2 $138.00 $5,796.00 Total Maintenance Fees for Year 2 $31,18,8.00 76 Model DS200 Scanner Year 3 $213.00 $16,188.00 2 Model DS850 Scanner Year' 3 $4,602.40 $9,204.00 42 ExpressVote BMD Terminal Year 3 $138.00 $5,796.00 Total Maintenance Fees for Year 3 $31,188.00 76 Model DS200 Scanner Year4 $213.00 $16,188.00 2 Model DS850 Scanner Year 4 $4,602.00 $9,204.00 42 ExpressVote BMD Terminal Year4 $138.00 $5,796.00 Total Maintenance Fees for Year 4. $31,188.00 76 1 Model DS200 Scanner Year S, $21100 $16,188.00 2 Model D8850 Scanner years $4;60200 $9,204-00 42 ExpressVote BMD Terminal Year 6 $5,796.00 Total Maln'tenancefees for Year 6 $31,188.00 76 Model DS200 Scanner Year 6 -$218.00 $16,188.00 2 Model OS850 Scanner Year.6 $4,602i00 $9,204.00 42. ExpressVote BMD Terminal Year 6 -$138.00 $5,798,00 Total Maintenance Fees.for year 6 $31,189.00 76 ,DS200 Scanner Year 1 $213,0 $16,188.00 11 P16 2 Model DS850 Scanner Year? $4,602.00 $9,204,00 42 ExpressVote BMD Terminal Year 7 $138.00 $5,796.00 Total Maintenance Fees for Year 7 $31,188.00 76 Model DS200 Scanner Year 8 $213.00 $16,188.00 2 Model DS850 Scanner Year 8 $4,602.00 $9204.00 42 ExpressVote BMD Terminal Year.$ $138.00 $5,796.00 Total Maintenance Fees for Year $ $31,188.00 76 Model DS200 Scanner Year -9 $213.00 $16,188.00 2 Model DS850 Scanner Year 9 $4,602.00 $9,204.00. 42 ExpressVote BMD Terminal Year 9 $138.00 $5,798.00 Total Maintenance Fees for Year 9 $31,188.00 Total Hardware Ma ntonance Fees for the initial Term $280,692;00 Note 1: The Per -Unit Fees if Customer requests more than one Routine Maintenance 'visit In a 124nonth period shall be 66°% of the then cuMnt maintenance flee per unit. Note 2: Surcharge- for .Emergency .Repair Services shall be the daily maintenance service rate In effect at the time such service is requested. Note 3: Customer's Desjgnatecl Location: Indian River County, Florida Note 4: The Per Unit Surcharge for performance of Routine Maintenance visit at more than one Customer - Designated Location shall be. $25.00per unit for all units located at second or more locations. Note 6: Upon expiration of the Initial Tenn, this Schedule Al shall automatically renew as set forth In Article I; Section 1. Hardware Maintenance Services Provided by ES&S Under this Schedule Al 1. Telephone Support. 2: Issue Resolution. 3. Technical Bulletins will be available through Customer's ES&S Web -based portal. 4. Routine Maintenance Services. • Onsite scheduled malatenance inspection per.Ardele ll, Section 1(a). The Inspection includes: o Service performed by an .ES&S trained and certified technician. o Performance of factory approved diagnostics on the unit, identifying and making adjustments where necessary as indicated by the testing. .7 P17 o Replacement of worn or defective parts with new or remanufactured federally and state certified parts. o Conducting a final test to verify that the unit is working according to manufacturer's specifications. o . Use of a checklist tailored for each piece of ES&S Equipment. o Update of maintenance records which are kept by serial number and available to the Customer through the Customer's ES&S Web -based portal. 5. Repair Services. • Customer will receive coverage for interim repair calls. o Interim repair calls may be provided during a scheduled Routine Maintenance Services event or scheduled in conjunction with other service work being performed in close proximity to Customer's location if such repairs are not election critical. o A Product may be sent to ES&S' Depot Iocadon for repairs at a time to be mutually agreed upon by ES&S and Customer. 6. Priority Services. • Customer has access to the ES&S Help Desk foressistance. • The customer receives priority on service calls. • The customer receives priority on response, time. • The customer receives priorityon certified ES&'S parts inventory. Note: Except for those Hardware Maintenance Services specifically set forth herein, ES&S is under no obligation and shall not provide other Hardware Maintenance Services to the Customer unless previously agreed upon in writing by the parties. 8 P18 ES&S SOFTWARE ]LICENSE, MAINTENANCE AND SUPPORT DESCRIPTION AND FEES SOFTWARE Initial License and Maintenance Term: Exo1ration of the Warranty Period throughthe ninth anniversary thereof Listed below is the Software and Fees for Which Software License, Maintenance and Support will be provided: Qty Description Coverage Period I Software License, Maintenance and Support Fee In Total I ElectionWare Software — PYO Standard Year 1 $43,30.00 I I ExpressLink Software Year 1 $4.689.00 Total License, Maintenance and Support Fees for Year I $48,058i00 ElectionWare— PYO Standard Year 2 443,369,00 I Synthesized Audio Capability Year 2 $4,689.00 Total License, Maintenance and'Support Fees for Year 2 $4,058.0.0 1 ElectlonWare — PYO Standard Year 3 $43,369.00 I Synthesized. -Audio Capability Year 3 $4,689,00 Total License, MaIntenante and Support fees for Year 3 $481058:00 I ElwiwWare — PYO Standard Year 4 .$43.,369,00 Synthesized Audio Capability Year 4 $4,689.00 Total License, Maintenance and Support. Fees for'Year 4 1 ElectionWare — PYO Standard Year 5 $43,369.00 I I Synthesized Audio Capability Year 5 $4-,689.00 Total License, Maintenance amid Sitpport,Fees for Year 5 $48,068.00 1 ElecilonWare — PYO Standard Year 6 1 Synthesized Audio Capability Year 6 _$4i689.00 Total License, Maintenance and Sopport Fees for Year $0,068.00 I ElectlonWare — PYQ Standard Year? $43,369.00 I Synthesized Audio Capability Year 7 $4.,689.aO ..Once and Support Fees for Year 7 s48.058.00 Total License, MaInten 1 ElectionWare — PYO Standard Year 8 $43.369.00 I Synthesized Audio Cap -ability, Year 8 $4,689.00 P19 Total License, Maintenance and Support Fees for Year 8 $48,058.00 Description I ElectionWare = PYO Standard Year 9 $43,369.00 1 Synthesized Audio Capability Year 9 $4,689.00 Total License, Maintenance and Support Fees for Year 9 Model DS850 Scanner $48,060.00 $1,8`14.00 Total Software License, Maintenance and Support Fees for the Initial Term T_ .$432,522.00 ES&S SOFTWARE LICENSE, MAINTENANCE AND SUPPORT DESCRIPTION AND FEES FIRMWARE Initial License and Maintenance Term: Expiration of the Warranty Period through the ninth anniversary thereof Listed below are the Hardware Products and Fees for which Firmware License; Maintenance and Support will be provided: Qty Description Coverage Period Annual Firmware License, Maintenance and Support Fee Per Unit.. FIrraware. License, Maintenance and Support Fee In Total 76 Model OS200 Scanner Year 1 $92.00 $6,992.00 2 Model DS850 Scanner Year 1 $1,8`14.00 $316,20.00 42, 'ExpressV_616 WE) 'Terminal Year 1 $76-00 $3,150.00 Total License, Maintenance and Support Fees for Year 1 $13,770.00 7S Model D8200 Scanner Year 2. $92.00 $6,997-00 2 Model OS860 Scanner Year 2 S1,814.00 $3,628.00 42 ExpressVote BMDTertninal Year 2 $16.00 $vwoo Total License, Maintenance and Support Fees for Year 2 $13,770.00 76 Model DS200 Scanner Year 3 :$9100 $6,992.00 Z. Model DS860 Scanner Year 3 $1,,814,00 $3,628.00 4.2 ExpressVoW BMD Terminal Year 3 $75.00 $$,150.00 Total License, Maintenance and Support Fees for Year 3 $931716.00 76 Model DS200, Scanner Year 4 $92.00 $6,992.00 2 Model DS850 Scanner Year4 $1,814.00 $3,62900 41 8xpressVote BMD Terminal Year $7.6 , .00 $3,150.00 Total License, Maintenance and Support Fees fot Year 4 V3,770.00 10 �. Oty Description Coverage Period Annual Firmware License, Maintenance and SupportFee Per Unit Firmware License, Maintenance and Support Fee In Total 76 Model DS200 Scanner Year 5 $92.00 $6,992.00 2 Model DS850 Scanner Year 5 $1,814.00 $3,628.00 42 1 ExpressVote BMD Terminal Year 5 $75.00 $3,150.00 Total License, Maintenance and Support Fees for Year 6 $13,770.00 76 Model DS200 Scanner YearS $92.00 $6,992.00 2 Model DS850 Scanner Year 6 $1,814.00 $3,628.00 42 ExpressVote BMD Terminal Yeart $75.00 $3,150.00 Total License, Maintenance and Support Foes for Year 6 $13,770.00 76 Model DS200 Scanner Year 7 $92.00 $6,992.00 2 Model DS850 Scanner Year? $1;814.00 .$3,628.00 42 ExpressVote BMD Terminal Year 7 $76,00 $3,150.00 Total License, Maintenance and Support Fees for Year 7 $13,770." 76 Model DS200 Scanner Year $ $92,00 $6,992.00 2 Model D8850 Scanner Year 8 $3,628.00 42 ExpressVote BMD Terminal Year $ $76-.00 $3,150.00 Total License, Maintenance and'Support Fees for Year 4 $13,770.00 76 Model DS200 Scanner Year 9 $92.00 $6,992.00 2 Model DS850 Scanner year 9 $1.81 4.00 $3,628.00 42 ExpressVote BMD Terminal Year 0 $75.00 $3,150.00 Total License, Maintenance and Support Fees for Year 9 $13,770.00 Total Firmware License, Maintenance and Support Foes for the Initial Term $123,930.00 Software License, Maintenance,and Support.Services Provided by ES&S under the Agreement 1. Telephone Support. 2. Issue Resolution. 3. 'Technical Bulletins vAl be avoloblo-thtough Customer's ES&S Web -based. portal. Note: Except for those Software License. Maintenance and 'Support services specifically set forth herein, ES&S Is under no obligation .and shall not pro%d-da other Software. License, Maintenance and Support services to the Customer unless previously agreed upon. by the parties. 11 P21 Software Ucense. Maintenance and Support and Hardware Maintenance and Support Services - Customer Responsibilities 1. Customer shall have completed a full software training session for each product selected. • Customer shall have completed training at a ptbficlency level to successfully use the hardware (firmware) and software products. • Customer shall have the ability to install firmware and application software and make changes to date and time settings. • Customer shall have the ability to change consumable items. Any other changes made by the customer must be pr"ppr6ved in writing by ES&S. • Customer shall store the Equipment in accordance with ES&S requirements set forth herein. 2. Customer shall have reviewed a complete set, of User Manuals. 3. Customer shall have reviewed Training Checklists. 4. Customer shall be responsible for the installation and, integration of any third party hardware or software application or system purchased by the customer, unless otherwise agreed upon, in writing, by the parties. 5. Customer shall be responsible for data -extraction from Customer voter reolstration system.. 6. Customer shall be responsible for implementation of any security protocols physical, network or otherwise which are necessary for the proper operation of the ES&SE41flpment and ES&S Software. 7. Customer shall be responsible for the -acceptance of the Equipment and Software,, unless otherwise agreed upon, in writing, by. the parties, 8. Customer shaft be responsible for the design, layout, set up, administration, maintenance or connectivity of the Customer's network 9. Customer shall be responsible for the resolution of any errors associated, with, the Customer's network or other hardware and software not purchased or recommended by ES&S and not othery I 4se identified in the User Guides as part of ES.&S'E4ulpment and Software. 10. Customer shall be responsible for all costs associated with diagnosing 'ballot printing problems resulting from the use of non-ES&S Ballot Partner Printers b011ots. 11. Customer shall be responsible for the payment of additional or replacement Software CDs or DVDs requested by Customer. The price for such additional or replacement Software CDs or DVDs shall be at ESW then current rates. P22 GENERAL TERMS 1. Purchase/License Terms. Subject to the terms and conditions of this Agreement ES&S agrees to sell and/or license, and Customer agrees to purchase andlor license, the ES&S Equipment, ES&S Software and ES&S Firmware described on the reverse side. The"ES&S Firmware and ES&S Software are collectively referred to hereinafter as the "ES&S Software." The payment terms for the ES&S Equipment and ES&S Software are set forth on the reverse side. Title to the ES&S Equipment shall pass to Customer when Customer has paid ES&S the total amount set forth on the reverse side for the EW Equipment The consideration for ES&S' grant of the license during the Initial Tenn for the ES&S Firmware 16 Included In the cost• of the ES&S Equipment 2. Grant of Licenses. Subject to the terms and conditions of this Agreement ES&S hereby grants to Customer nonexclusive, nontransferable licenses for its bona fide full time employees to use the ES&S Software and related Documentation In the Jurisdiction while Customer is using the ES&S Equipment and timely pays the applicable annual ES&S Software Lloanse, Maintenance and Support Feiss set forth on Schedule Al The, licenses allow such bona fide employees to use and copy the ES&S Software (in object, code only) and the Documentation, in the course of operating the FS&S Equipment and solely for the purposes .of defining and conducting elections and tabulating and reporting election results in ,Customer's jurisdiction. The licenses granted 1 ' n this Section 2. do not permit Customer to access or in any "y use the source code for the ES&S /",Software UNW--,% ID8 liaqj ��0.M 3 Prohibited UsM,?%tustorner shall nottake any of the �Iowlng actions with respqct to the. ES&S Software or the Documentation: o. Reverse engineer, decomplie. disassemble, re- -�;ajgangineer or otherwise create, Attempt to creme, or permit, allow or assist others to create, the source oDde or the ct struural framework, for 00.# 6r-allof theES&S Software'; b. Cause or permit any Use., display, loan, publication,, transfer of possession, sublicensing .or other diAserninatlon of the ES&S Software or Documentation, In -whole or In part, to or by any third. patty without ES&S' prior written consent or c. Cause or permit :any change to be, made to the ES&S Software without ESW prior written consent or d. Allow ar-third party to cause or permit any copying, reproduction or printing of any output generated by the ES&S Software In which ES48 owns or Claims any proprietary Intellectual property OgIrift (e.g., Co. pyright, trademark, patent pending or patent), including, but not limited to, any ballot shells: or -ballot code stock. 4. Term .of' Licenses.The licenses- granted in Section 2 - ' - Section shall commence upon the delly6ty,of the ES&S Software described In Section 2 and shall' continue for, a one-year a I A .-year period (the "Initial License Term). Upon expiration of the Initial License Term, the licenses shall automatically renew for an unlimited number of successive one-year periods (each a "License Renewal Term") upon the payment by Customer of the annual software license and software maintenance and support fee as set forth on the 'reverse side. -ES&S may terminate either license if Customer fails to pay the consideration due for, or breaches Sections 2, 3, or 9 with respect to, such license. Upon the termination of either of the licenses granted In Section 2 for ES&-$ Software or upon Customer's discontinuance of the use of any ES&S 8 Software, Customer shall immediately return such ES&S Software and the related Documentation (Iriduding any and all copies thereof) to ES&S, or (if requested by.ES&S} destroy such ES&S Software and Documentation and certify In writing to ES&S that such destruction has occurred. 5. Updates During the Initial License Term orany License Renewal Term, ES&S may provide new releases, Upgrades or maintenance patches to the ES&S Software, together with appropriate Documentation ("Updates"), on a schedule defined by ES&S. Customer Is responsible for obtaining any Upgrades or purchases of Third Party Items, required to operate the Updates. All Updates shall be deemed to be ES&S Software for purposes of this Agreement upon delivery. Customer may Install the Updates in accordance with ES&S' recommended Instructions or may request that -ESinstall nstall the Updates. ES&S may ch"s Customer'at its then -current rates to (I) deliver the Updates to the Customer, (ii) train Customer on Updates, If such training Is requested by Customer, (111) Install the Updates, or (IV) provide maintenance and support on, the ES&S Software that Is required as a result of Customer's failure to timely or properly Install an Update. Customer shall he responsible for any claim, damage, loss, judgment, penalty, cost amount paid in -settlement or fee which is -caused by Customees failure to install and use the most recent Update provided to it by ES&S. If Customer proposes changes In the E%,$ Software to ES&S, such proposals will become ES&S' property. ES&S may, In lts sale discretion, elect to make or ,not to make such changes without reference or compensation to Customer or any third 'party: ES&S S represents to Customer that the Updates will mnply with all -applicable state law -requirements at the time O'46livOity. Customer shall be responsible to ensure tbatit has Installed and is using only certified versions of ES&S: Software In ac cordshce with applicable .law. Customer shall pay ES&S for any Update which Is required due to a change Instate or local jaw. 6. Delivery. Risk of Loss. The Estimated Delivery Dates ,set forth on the reverse side are merely estimates and may 'be revised by ES&S because of delays In executing this Agreement changes requested by CUOarner and other, events. ES&S will notify Customer of rev.1sloris to the - Estimated Delivery Dates as soon as ES&S becomes aware P23 of such revisions. Risk of loss for the ES&S Equipment and ES&S Software shall pass to Customer when such items are delivered to Customer's designated location. Upon transfer of risk of loss to Customer, Customer shall be responsible for obtaining and maintaining sufficient casualty insurance on the ES&S Equipment and ES&S Software and shall name ES&S .as an additional insured. thereunder until all amounts payable to ES&S under this Agreement have been paid by Customer. 7. Warranty. a. ES&S EauipmentlES&S Software ES&S warrants that for a 1 -year period (the "Warranty Period'), it will repair or replace any component of the ES&S Equipment or ES&S Software which, while under normal use and service: (i) fails to .perform in accordance with its Documentation in all material respects, or (ii) is defective in material or workmanship. The Warranty Period will commence upon delivery. The Warranty shall not include the repair or replacement of any ES&S Equipment components that are consumed in the normal course of operating the ES&S Equipment, including printer ribbons, printer cartridges, paper rolls, batteries, removable media storage devices, ,PC.MCIA, cards or marking devices. Any repaired or replaced item of ES&S Equipment or ES&S Software shall be warranted only for the unexpired term of the Warranty Period. All replaced components of the ES&S Equipment or ES&S Software will become the property of ES&S. This warranty is effective provided that (1) Customer promptly notifies ES&S of the failure of performance or defect and is otherwise in compliance with its obligations hereunder, (II) the. ES&S Equipment or ES&S Software to be repaired or replaced has not been repaired, changed, modified or altered except as authorized or approved by ES&S, (III) the ES&S Equipment or ES&S Software to be repaired or replaced is not damaged as a result of accident, theft, vandalism, neglect, abuse, use which is not in accordance with instructions or specifications furnished by ES&S or causes beyond the reasonable control of ES&S or Customer, including acts of God, fire, riots, acts of war, terrorism or insurrection, labor disputes, transportation delays, governmental regulations and utility or communication interruptions, and (IV) Customer has installed and is using the most recent update, or the second most recent update, provided to it by ES&S. This warranty is void for .any units of equipment which: () have not. been stored or operated in a temperature range according their specifications, (ii) have been severely handled so as to cause mechanical damage to the unit, or (iii) have been operated or handled In a manner Inconsistent with reasonable treatment of an electronic product. The terms of post -warranty license, .maintenance and support are set forth on Exhihit b. Exclusive Remedies/Disclaimer. IN THE EVENT OF A BREACH OF SUBSECTION 7(a), ES&S' OBLIGATIONS, AS DESCRIBED IN SUCH SUBSECTION; ARE' CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES. ES&S EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WHICH ARE NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER,. IN THE EVENT CUSTOMER DECLINES ES&S' INSTALLATION AND ACCEPTANCE TESTING SERVICES OR IN ANY WAY AT ANY TIME ALTERS, MODIFIES OR CHANGES ANY EQUIPMENT, SOFTWARE, THIRD PARTY ITEMS ANDIOR .NETWORK. (COLLECTIVELY "SYSTEM") CONFIGURATIONS_ WHICH HAVE BEEN PREVIOUSLY INSTALLED BY ES&S OR WHICH ARE OTHERWISE REQUIRED IN ACCORDANCE WITH THE CERTIFIED VOTING SYSTEM CONFIGURATION, ALL WARRANTIES OTHERWISE PROVIDED HEREUNDER WITH REPECT TO THE SYSTEM PURCHASED, LEASED, RENTED AND1OR LICENSED UNDER THIS AGREEMENT SHALL BE VOID AND OF NO FURTHER FORCE AND EFFECT. 8. Limitation Of: Liability. Neither party shall be liable for :any indirect, incidental, punitive, exemplary, special or consequential damages of any kind whatsoever arising out of or relating to this Agreement. Neither party shall be liable for the bther party's negligent or willful misconduct. ES&S' total liability to Customer erising out, of or relating to this Agreement shall not exceed the aggregate amount to be paid to ES&S hereunder. By entering into this Agreement, Customer agrees to accept responsibility for (a) the selection of the ES&S Equipment and ES&S Software to achieve Customers intended results; (q) the use of the ES&S Equipment and ES&S ,Software; (c) the results obtained from the useof the ES&S Equipment and ES&S Software; (d) the selection of;, 'use of and °results obtained from any equipment, .software or services not provided by ES&S and used with the .ES&S Equipment or ES&S Software; or (e) user arrors, voter errors or problems encountered by any individual in voting that are riot otherwise a result of the failure of E.8'0 to perform.. ES. -&S shall not be livable under this Agreement for any claim; .damage, loss, judgment, penalty; cost, amount paid in settlement or fee that is caused by (y) Customer's failure to timely or properly install anduse the most recent .update, or the second most recent update, provided to it by ES&S or (r') Customers election not to rear", or to; terminate, the Hardware Maintenance Services orthe'ES&S Software Maintenance and Support 9, ProOrletary Rights.. Customer acknowledges and agrees as follows: ESM owns the ES&S Software, all Documentation and training, materials provided by £S&S, the .design and configuration: of the ES&S Equipment and the format, layout, measurements, design and all other technical information associated with the Wilots to be used with. the ES&S Equipment: Customer has the right to use the aforementioned itemsto the extent specified in this P24 Agreement. ES&S also owns all patents, trademarks, copyrights, trade names and -other proprietary or intellectual property in, or used in connection with, the aforementioned Items. The aforementioned items also contain confidential and proprietary trade secrets of ES&S that are protected by law and are of substantial value to ES&S. Customer shall keep the EMS Software and related Documentation free and clear of all claims, liens and encumbrances and ,shall maintain all copyright, trademark, patent or other Intellectual or proprietary rights notice's that. are set forth on. the ES&S' Equipment the ES&S Software, the Documentation, training materials and ballots that are provided, and all permitted (L-mples of the foregoing. r�TT 0. In-clemnification. To Die fullest extent permitted-Onder A,OAS' applicable-lawt., Customer shall Indemnify and hold harmless ES&S from and against any and 611 claims, damages, amounts paid In settlement and reasonable fees and costs ;3 (Including reasonable attorneys! fees) (collectively "Adverse Consequences") arising out of or relating to the following: a. Any claim that any of the EMS Equipment or ES&S Software Infringes upon any third.party's copyright, trademark or patent existing as ol"the date hereof (a "Third Party Infringement Claim") resulting from (I) Customer's failure to timely or properly Install and We any Update provided to It by ES&S; (11) the use of any ES&S Equipment or ES&S Software In corn binAbOn with .other equipment, hardware or software not meeting ES&S' specifications for use with such ES&S Equipment or EMS Software; or (ill) Customer's modification or alteration of any item of ES&S Equipment or ES&S Software without the Prior written consent of ES&S­. b. Any clairns by third partes arising :out of or relating to the use or misuse by Customer. Its Amployees -and any other persons under, its -authority -or control (rCustomer's Representatives') of any third party, Items; c. Personal Injury (including death) or property damage that is caused by any neillgent or willful act error or omission of one.or more of Customer's Representatives.' and d. Customer's election not to receive, or to 'terminate, Hardware Maintenance Sa!Mees or ES&S Software Maintenance and 8upporL ES" shall 460y Customer immediately if it becomes aware of any claim for which R may be. .6ribitted to .indemnification under thisSection 10, and hereby gives Customer full and complete authority, and shall provide such information and assistance as is necessary (at Customer's expense with respect to reasonable out-of-pocket costs), to enable Customer -to defend, compromise orseti t1dony such claim. 11. Termination. This Agreement may be terminated, n6t6d, In T writing, atan 1.9 y time by either party If the 6ther°party breaches any material provision hereof and does not curesuch.breach n within. 30 days - after It recelvas written notification thereof from the non -breaching party, D 12 .r. Disputes, a. Payment of Undisputed Amounts. In the -event of a dispute between the parties regarding (1) a product or service for which payment has not yet been made to ES&S, (2) the amount due ES&S for any product or service, or (3) the due date of any payment, Customer shag nevertheless pay to EMS when due all undisputed amounts. Such payment shall not constitute a waiver by Customer or ES&S of any of its rights and remedies against the other party. b. Remedies for Past Due Undisputed Payments. If any undisputed payment to ES&S is past due more than 30 days, ES&S may suspend performance under this Agreement until such amount is paid. If Customer's payment is past due for more than 60 days and Is undisputed, EMS may declare the total Amount remaining due -under this Agreement to be immediately doe and payable, enter the premises where the ES&S Equipment Is located and remove it. Any disputed or undisputodpaymerlit not paid by Customer to ES&S when due shall bear interest from the due date at a rate equal to the lesser of one and one-half percent per month or the maximum amount permitted by applicable law for each, month or portion thereof during which It remains unpaid. 13. Assignment. Except In the case of a sale, transfer or assignment of all or substantially all of the assets of EMS to a successor who has asserted its intent, to continua the 'business of ES&S, neither party may assign or transfer this Agreement or assign, subcontract or delegi!W any of Its rights, duties or obligations hereunder without the odor written consent of the other partybereto, such consent nott6 be unreasonably withheld or conditioned, not unduly delayed. ES&S may assign its right to receive payments under this Agreement to such third patty(ies) as ES&S may desire without the prior consent of Customer, provided that ES&S provides written notice evidence stitch Onclu In4 -nce of ch d 3 assignment) to Customer thirty (30) days In advance of any payment(s) so assigned. 14. Cornallance with Laws. In perforating flis obligations .Or enjoying its rights under this Agreement, each party shall comply with all applicable laws and regulations. in addition, ES&S warrants to Customer that, at the time of delivery. the ES&S Equipment and ES&S Software sold and' licensed under this Agreement ' will Comply With all applicable requirements of stateelect - Ion laws and regulailons1hatare mandatory and d effective as of the Effective Date and V411 have been certified by the appropriate state authorities for use in Customer's state. 15. State. ReortMeatigns. In the event that any future .state certifications or recertificatims am required that are not otherwise required as a result of any changes or modifications voluntarily made by ES&S to the ES&S. Software andfor ES&S Equipment licensed and sold hereunder, Customer shall be -responsible for: -rh is iwelemN j+4,0"6 hold ho.cmiess shAi I be or,)ij +v -Hie Mew't, cxuaxed OLN4 q &8 - OaV Fbrido: up d=d 0-* wcj'J&r im (i) the total cost.of any third party items that are required 10, 12(b), 13-16 these General Terms shall survive the in order for the ES&S Equipment and/or ES&S Software termination of this Agreement, to the extent applicable. to remain certified; (ii) Customer's pro -rata share of such future state certification or recertification costs; and (iii) Customer's pro -rata share of the casts of designing, developing, manufacturing and/or certification by applicable federal and state authorities of any mandated modifications to the ES&S Equipment and/or ES&S Software that may result from such future state certifications or recertifications. Customer's pro -rata share of the costs included under subsections 15(ii) and 15(iii) above shall be determined at the time by dividing the number of registered voters in Customer's jurisdiction by the total number of registered voters in all counties in Customer's state to which EMS has sold anti/or licensed the ES&S Equipment and/or ES&S Software purchased and licensed by Customer under this Agreement. 16. Entire Agreement. This Agreement, including all exhibits hereto, shall 'be binding upon and inure to the benefit of the parties and their respective representatives, successors and assigns. This Agreement, including all Exhibits hereto, contains the entire agreement of the parties with respect to the subject matter hereof and shall supersede and replace any and all other prior or contemporaneous discussions, negotiations, agreements or understandings between the parties, whether written or oral, regarding the subject matter hereof. Any provision of any purchase order, form or.otheragreement which conflicts with or is in addition to the provisions. of this Agreement shall be of no force or effect In the event of any conflict between a provision contained in an .Exhibit to :this Agreement and these General Terms, .the provision contained in the Exhibit shall control. No waiver, amendment or modification of any provision of this Agreement shall be effective unles's in writing .and signed by the party against whom such waiver, amendment or modification is sought to be enforced. No conserrt.by either party to, or waiver of, a breach by either party shall :constitute a consent to. or waiver of any other different or subsequent breach by either party. This Agreement :shall be .governed by and construed in accordance with'the laws offhe State In which the Customer resides, without. regard to its conflicts of laws principles. The parties agree that venue for any dispute or cause of action arising out of or related to this Agreement shall be in the state and federal courts of the United States looted in the Skate .in which the Customer resides. ES&S is providing equipment, software and services to Customer as an independent contractor, and shall not be deemed to be a "state actor" for purposes of 42 U S.C. § 1983. EMS may engage subcontractors to provide certain of the equipment, software or services, but shall remain fully responsible for such performance. The provisions of Sections 1-5, 7(b), 8- P26 EXHIBIT B THIRD PARTY ITEMS Customer acknowledges that ES&S it purchasing the third party items Set forth herein (Third Party Items") for resale to Customer, and that the proprietary and intellectual property rights to the Third Party Items are -owned by parties other than ES&S ("Third Parties'). Customer further acknowledges that except for the payment to ES&S for the Third Party Items, all of its rights and obligations with respect thereto flow from and to the Third Parties. ES&S shall provide Customer with copies of all documentation .and warranties for the Third Party Items which are provided to ES&S. Qty Ord. Description Price Ext. Price DATA COMMUNICATION SERVER DELL POWEREDGE R230 Pdmary and fl:ackup $3,213.33 $6,426.66 PowerEdge R230 Server a Chassis with up to 4, 3.5 Cabled Hard Drives & Intel Xeon E3-1220 v5 3.0GHz, 8M cache, 4C14T, turbo (80m, * (2) 4GB UDIMM, 2133MT/s, ECC - RAID 1, 1-1330/1-1730,for -SASISATA, Cabled Chassis w PERC H330 Integrated RAID Controller 9 (2) ITB 7.2K RPM SATA 6Gbps 3.61n Cabled Hard Drive * On -Board LOM 1GBE Dual Port (BCM5720 GbE LOM) DVD+/ -RW SATA Internal 1 U/2U Static Rails for 2 -Post and 4 -Post Racks • Single, Cabled Power Supply, 25OW Windows Server 2012112 Standard Edifion,Factory Installed, 'No Media, 2:Socket- 2 VMs,NO LALs Windom Server 2012112 Standard, Media, FI Standard Ed Downgrade Image, Eng Dell, Hardware Limited Warranty Plus On Site Service PrqSUpport Next Business Day Onsite Service After Problem Diagnosis,5 Year o ProSupport 7x24 HW I SW Tech Support and Assistance, 5 Year & iDRAC8, Basic * NEMA 5-15P to C13 Will Plug, 125 Volt, 15 AMP, 10 Feet{3m), Power Cord, North America * Dell Optical Mouse MS1 16 - Black * Dell M3216 Wired Multi -Media Keyboard English Black 1 0-paqk of Windom Server 2012 Device LALs (Standard or Datappinter) Page I of 4 raffi Page 2 of 4 P28 X'tRNAL CONNECTOR LICENSE Connector License for Modeming) $2,580.00 $2,580.0C 2 I ELL E221 SHV 22" WIDE LED LCD VGA MONITOR $180.00 $360,0C PC SMART -UPS C 1600VA 21.1 RACK MOUNTABLE (Servers) - 1 0 Optfonal $687.00 $687.0( 2 ERBERUS FTP PRO 6.0.7.1 (DS200 Modeming) $654.67 $1309,34 EMS FILE SERVER 2. DELL POWEREDGE R430 Primary and Backe p .$6,466.67 $12,933.34 PowerEdge 8430 Server, No TPM Chassis with up to 8. 3.5" Hot Plug Hard Drives, Rack Configuration Intel® Xeon® E5-2620 v3 2.4GHz, 15M Cache, 8.00GT/s QPI, Turbo, HT. 6CI12T (85" Max Mem 1866MHz 1 CPU Standard 2133MT/s RDIMMS (2) 4GB RDIMM, 2133MTfs, Single Rank, x8 Data Width RAID 1+ RAID I for H330/H730IH730P (2 + 2 HDDs or SSDs) PERC H730 RAID Controller, 1GB W Cache • (4) 1TB 7.2K RPM SATA 6Gbps 3.5" Hot -Plug Hard Drive • On -Board Broadcom 5720 Dual Port 1Gb LOM ReadyRails Sliding Rails With Cable Management Arra iDRAC8. Basic DVD+/ -RW. SATA, Internal Power Saving DL -11 active Power Controll6r Dual, Hot -Plug, Redundant Power Supply (1+1), 750VV (2) NEMA -6-15P to C13 Wall Plug, 126 Voll, 15 AMP; 10 Feet (3m), Power Cord, North America Keyboard and Optical Mouse, USB, Black, English Windows Server 2012112, Standard Ed, Factory hist No MED, 2SKT, 2VM, NO CAL Windows Server 2012R2, STD Ed, Media Kit w/Factory Inst ENT DGRD Images 5 -pack of Windows: Server 2012 Device CALs (Standard or Datacenter) 5 Year ProSupport and NBD On -Site Service 2 DELL E2216HV 22" WIDE LED LCD VGA MONITOR $360.00 1 AIPC SMART -UPS C 1:600VA 21J RACK MOUNTABLE (Servers) - O tions/ $687,00 $687.00 2 ERBERUS FTP PRO 6.0.7.1 (DS850 Netwiorking) $664.67 $1309.34 EMS WORKSTATION 2 )ELL opTiPLEX 6040 MINI (Desktop) $1,620M $3,240.00 OpffT lex 5040 Mini Tower XCTO Intel 06re 15-6500 Processor (Quad Core, 6MB, 4T, 3.2GHz, 65W) Mini Tower Processor Heatsink 65 Watt W10P-DG7 DT 64 ENG/FREISPN Microsoft Office 30 Day Trial 81313 Single Channel DDRX 1600MHz(6GI3X1) 3.5 inch 500GB 7200rpm Hard Disk Drive AMD Radeon R5 340X, 2GB (DP, SL -DVI -I) DVD+/-RWBMI Page 2 of 4 P28 • PCIe card with serial and parallel port, Full Height • OptIPlex 5040 MT with 24OW up to 8510A efficient Power Supply (80PIus Bronze) • Dell KB216 Wired Multi-Media Keyboard English Black • Dell MS1 16 Wired Mouse, Black • Adobe Reader 11 • Waves Maxx Audio • Windows 10 OS Professional Recovery 64bit -DVD, Downgraded to Windows.7 Intel Core 6 Processor Label Kace K1000 Express Dell Limited Hardware Warranty Plus Service ProSupport: Next Business Day Onsite 5Years ProSupport: 7x24 Technical Support, 5Years Dell 22 Monitor I P2214H S FTP PRO IPSWITCH 42A $77.33 $77.M I FCCROSOFT EXCEL- 2013 $280:00 $280.00 2 D DOBE ACROBAT STANDARD XI IUNINTERRUPTABLE $401.33 $80246 2 POWER SUPPLY (UPS) BATTERY BACKUP, 750 VA (Worlatatibris).- Ciptionat $140.00 $280.00 EMS WORKSTATION - Back.P 2 DELL OPTIPLEX 6040 MINI (Desktop) $1,620.00 $3,240.00 • OptiPlex 5040 MIMI Tower XCTO • Intel Core L"500 Processor (Quad Core, 6MB, 4T, 3.2GHz, 65W) Mini Tower Processor HeaWrik 65 Watt W1 OP-DG7 OT 64Na/FRE1SPN Microsoft Office 30 DayTdal 8GB Single Channel DDRX 1$00.MHz(eGBX'1), 3.5 inch 50OGB 7200rpm Hard Disk Drive AMD Radeon R5 340X,, 2GB (DP, S#.-DVH) DVD+/-RW Bezel PCIe card with serial and parallel port. Full Reilght OptiPlex 5040 MT with 24OW up to 85%:efficient Power Supply (80PIus Bronze) Dell KS216 Wired Mufti-Media KeyboardEriglishBlack Dell MS1 16 Wired Mouse, Black Adobe Reader f1 Waves Maxx Audio Windom 10, OS Professional Recovery $Wt- OVE). Downgraded to Windows 7 Intel Core i5 Processor Label Kace K1,000 Express • Dell Urnked H rdware Warrant R Y-, Plus Service • ProSupport: Next Business Day Onsifte 5Years • ProSupport 7x,,24 Technical Support, 5Years • Dell 22 Monitor I P2214H 1 WS FTP PRO IPSVkqTCH 12A $77.33 $7-T34 1 MICROSOFT 0018. --j28-000 $280.0 2 1301312 ACROBAT STANDARD)U $401.33 $802.6 Page 3 d 4 P29 Note 1: The configuration and speedcation of third party items as :set forth :here are subject to change by ES&S and/or the, manufacturer. Should the actual configuration and specifrrations dft,r.ftm -those set forth herein, ES&S agrees to provide, and Customaragrees to accept, Third Party*. Items that are comparable to those described above. Page of 4 P30 MISCELLANEOUS COMPONENTS I Kl B432DN MONO LASER DUPLEX PRINTER — Opt/anal $416.00 $416.00 1 TARTECH 6' USB 2-0 A-B CABLE — Opffbnal $3.33 $3.33 1 ISCO ASA 660510 U BDL CHAS S/W IOU 3DESIAES $581.33 $581.3 CISCO SMARTNET F/ ASA 5605 (1YR) 1 :)-LINK GIGABIT NETWORK SWITCH, 8 PORT $62.67 1 :)ell 24U Rack Enclosure $1,353.33 $1,353.13 • (Does not include PDU's-or Shelves) EXPRESSLINK WORKSTATION 4 DELL LATITUDE E5700 (Laptop) $2,173.33 $8,693.32 • Dell Latitude E5700 • 6th Generation Intel(R) Cora(TM) i5 63ODU (Dual Core, 2AGHz, 3M cache) • Intel Core 15-0600 Processor Base, AMD Radeon A7 M360,2GB Discrete Graphics , Windows 7 Professional English, French, Spanish -64bit (includes Window s 10 Prot:mnoe) * Dell Power Manager * Dell Data Protection Security Tools )Digital Delivery/NB * Dell Backup and Recover y Basic * Dell Data Protection I Protected Workspoce * Dell(TM) Digital Delivery Citrus Client D60 Client System Update (Updates latest Dell Recommended BIOS, Drivers, Firmware and Apps),.0ptIPlex Waves Maxx Audlo'Royalty 39.6cm (160) FHD (1 920)cl 000) Non -Touch Anti-Clare. LCD with Camara and Mic 400 (10013) 2133MHz DDR4 MomoryN 50OGB (6400rpm) Hybrid HDD with SOB Flesh HDD/SSD, Bracket for 7MM,-PC1 5/P Intel Rapid Storoge'rechn9jogy Intel Dual Bond Wireless 8266 (8021 ise) W1 gluetooth internal Dual Pointing Backlit Keyboard (US-English) Internal Keyboard Shroud 106,, E5570 Smart Card Reader (Dual, Pointing) Paknrest 65 Watt AC -Adaptor, 0S Power Cord Primary 4-call 62W/HR Battery. Quick Reference Guide LAVUlde E5670 Resource DVD Energy Star SA Dell Limited Hardware Wkroty Extended Year(s) • For tech support visit htig oportdeiltwNPmSuo=grcaffl.89"1"115 • Dell Limited Hardware Warranty ProSuppoit: 7x24 Technical Support. 6 Years ProSupport Next Business Day Onsits, I Year Prosupport NeA Business Day onsm, 4 Year Extended ORDER TOTAL: $46,842.64 Note 1: The configuration and speedcation of third party items as :set forth :here are subject to change by ES&S and/or the, manufacturer. Should the actual configuration and specifrrations dft,r.ftm -those set forth herein, ES&S agrees to provide, and Customaragrees to accept, Third Party*. Items that are comparable to those described above. Page of 4 P30 1� JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27',b Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: IDIANE BERNARDO, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: June 1, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS May 26, 2017 to June 1, 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 26, 2017 to June 1, 2017. Attachment: P31 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 353941 06/01/2017 1135 RENTALS LLC 580.00 353942 06/01/2017 ORANGE COUNTY HOUSING & C D 629.73 353943 06/01/2017 ALL FLORIDA REALTY SERVICES INC 3,919.00 353944 06/01/2017 VERO BEACH EDGEWOOD PLACE LP 931.00 353945 06/01/2017 GRACES LANDING LTD 9,533.00 353946 06/01/2017 LINDSEY GARDENS LTD 6,186.00 353947 06/01/2017 BRYAN D BLAIS 356.00 353948 06/01/2017 WILLIE C REAGAN 449.00 353949 06/01/2017 RIVER PARK ASSOCIATES LIMITED 14,598.00 353950 06/01/2017 RICHARD C THERIEN 444.00 353951 06/01/2017 CREATIVE CHOICE HOMES XVI LTD 10,548.00 353952 06/01/2017 DAVID YORK 502.00 353953 06/01/2017 ST FRANCIS MANOR OF VERO BEACH 274.00 353954 06/01/2017 TREASURE COAST HOMELESS SERVICES 945.00 353955 06/01/2017 VENETIAN APARTMENTS OF VERO BEACH 390.00 353956 06/01/2017 PINNACLE GROVE LTD 10,105.00 353957 06/01/2017 VERO CLUB PARTNERS LTD 7,541.00 353958 06/01/2017 DAVID SPARKS 383.00 353959 06/01/2017 INDIAN RIVER COUNTY HOUSING AUTHORITY 533.00 353960 06/01/2017 INDIAN RIVER COUNTY HOUSING AUTHORITY 534.00 353961 06/01/2017 CRAIG MERRILL 1,518.00 353962 06/01/2017 CHRISTINE SALTER 483.00 353963 06/01/2017 HAGGERTY FAMILY LTD 373.00 353964 06/01/2017 SUNQUEST INC 4,469.00 353965 06/01/2017 THE PALMS AT VERO BEACH 11,619.00 353966 06/01/2017 FELLSMERE COMM ENRICHMENT PROGRAM INC 88.00 353967 06/01/2017 DAVID CONDON 632.00 353968 06/01/2017 HILARY MCIVOR 418.00 353969 06/01/2017 PAULA LANE 451.00 353970 06/01/2017 PELICAN ISLES LP 7,187.00 353971 06/01/2017 KATE TYSON LYONS 334.00 353972 06/01/2017 SUNCOAST REALTY & RENTAL MGMT LLC 4,539.00 353973 06/01/2017 OAK RIVER PROPERTIES INC 348.00 353974 06/01/2017 SONRISE VILLAS LTD 2,415.00 353975 06/01/2017 ADINA GOLDMAN 545.00 353976 06/01/2017 INDIAN RIVER RDA LP 5,373.00 353977 06/01/2017 MAURICE W BROWN 497.00 353978 06/01/2017 RICHARD L DAVENPORT 495.00 353979 06/01/2017 GEORGE THUYNS 683.00 353980 06/01/2017 LAZY J LLC 1,740.00 353981 06/01/2017 SYLVIA MCNEILL 723.00 353982 06/01/2017 SKOKIE HOLDINGS INC 750.00 353983 06/01/2017 ROGER WINSLOW 478.00 353984 06/01/2017 VINCENT PILEGGI 200.00 353985 06/01/2017 OSLO VALLEY PROPERTIES INC 319.00 353986 06/01/2017 SAID S MOOBARK 1,302.00 353987 06/01/2017 OSCEOLA COUNTY SECTION 8 622.73 353988 06/01/2017 LINDSEY GARDENS I1 LTD 4,638.00 353989 06/01/2017 ANTHONY ARROYO 654.00 353990 06/01/2017 AHS HOLDINGS GROUP LLC 3,485.00 353991 06/01/2017 DANIEL CORY MARTIN 742.00 353992 06/01/2017 YVONNE KOUTSOFIOS 370.00 353993 06/01/2017 ALAN R TOKAR 650.00 353994 06/01/2017 VERO BEACH VILLAS I LLC 463.00 353995 06/01/2017 BRIAN E GALLAGHER 524.00 353996 06/01/2017 HOUSING AUTHORITY 766.73 353997 06/01/2017 STEPHANIE WATCHEK FOUNTAIN TRUST 243.00 353998 06/01/2017 SCOT WILKE 234.00 P32 TRANS NBR DATE VENDOR AMOUNT 353999 06/01/2017 J & K PALMER ENTERPRISES LLC 199.00 354000 06/01/2017 THEODORE BARTOSIEWICZ 508.00 354001 06/01/2017 FOUNDATION FOR AFFORDABLE RENTAL 21,661.00 354002 06/01/2017 RICHARD KUSSEROW 573.00 354003 06/01/2017 ARE JAY INVESTMENTS OF INDIAN RIVER COUNTY II, 514.00 354004 06/01/2017 SONRISE VILLAS 11 LLC 591.00 354005 06/01/2017 JOHN T STANLEY 785.00 354006 06/01/2017 CSMA SFR HOLDINGS 11 -LLC 503.00 354007 06/01/2017 YELLOW KID INC 550.00 354008 06/01/2017 WEDGEWOOD RENTALS LLC 1,607.00 354009 06/01/2017 ALMA LUCKETT 854.00 354010 06/01/2017 LIVE OAKS REALTY INC 614.00 354011 06/01/2017 IBIS GARDENS APTS LLC 476.00 354012 06/01/2017 MCLAUGHLIN PROPERTIES LLC 1,196.00 354013 06/01/2017 JOYCE BODANZA 552.00 354014 06/01/2017 MYRIAM MELENDEZ 438.00 354015 06/01/2017 PORT CONSOLIDATED INC 48,266.18 354016 06/01/2017 JORDAN MOWER INC 194.30 354017 06/01/2017 SUNCOAST WELDING SUPPLIES INC 165.80 354018 06/01/2017 COMMUNICATIONS INTERNATIONAL 24,379.64 354019 06/01/2017 TEN -8 FIRE EQUIPMENT INC 1,296.85 354020 06/01/2017 VERO CHEMICAL DISTRIBUTORS INC 304.40 354021 06/01/2017 KIMLEY HORN & ASSOC INC 2,040.00 354022 06/01/2017 VELDE FORD INC 19.32 354023 06/01/2017 STEWART MATERIALS INC 159.46 354024 06/01/2017 AT&T WIRELESS 74.51 354025 06/01/2017 E -Z BREW COFFEE & .BOTTLE WATER SVC 60.41 354026 06/01/2017 GRAINGER 130.46 354027 06/01/2017 KELLY TRACTOR CO 1,871.63 354028 06/01/2017 SAFETY KLEEN SYSTEMS INC 130.00 354029 06/01/2017 GRAYBAR ELECTRIC 88.63 354030 06/01/2017 AMERIGAS EAGLE PROPANE LP 1,755.53 354031 06/01/2017 LFI FORT PIERCE INC 2,168.39 354032 06/01/2017 HD SUPPLY WATERWORKS, LTD 14,183.96 354033 06/01/2017 BOUND TREE MEDICAL LLC 3,817.99 354034 06/01/2017 VERO INDUSTRIAL SUPPLY INC 17.80 354035 06/01/2017 TIRESOLES OF BROWARD INC 4,684.26 354036 06/01/2017 PARAGON ELECTRIC INC 300.00 354037 06/01/2017 CARTER ASSOCIATES INC 3,225.00 354038 06/01/2017 CHILDCARE RESOURCES OF IRC INC 21,248.15 354039 06/01/2017 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 1,900.00 354040 06/01/2017 DELL MARKETING LP 1,342.91 354041 06/01/2017 THE GOODYEAR TIRE & RUBBER COMPANY 4,193.14 354042 06/01/2017 BLAKESLEE SERVICES INC 695.00 354043 06/01/2017 MIDWEST TAPE LLC 181.91 354044 06/01/2017 PRIZE POSSESSIONS 376.03 354045 06/01/2017 K & M ELECTRIC SUPPLY 119.75 354046 06/01/2017 BAKER DISTRIBUTING CO LLC 134.91 354047 06/01/2017 CENGAGE LEARNING INC 973.18 354048 06/01/2017 GO COASTAL INC 164.75 354049 06/01/2017 SUNSHINE SAFETY COUNCIL INC 529.00 354050 06/01/2017 LINDSEY GARDENS LTD 500.00 354051 06/01/2017 CLERK OF CIRCUIT COURT 268.00 354052 06/01/2017 INDIAN RIVER COUNTY HEALTH DEPT 1,716.52 354053 06/01/2017 INDIAN RIVER COUNTY HEALTH DEPT 198.44 354054 06/01/2017 INDIAN RIVER COUNTY PROPERTY APPRAISER 66.02 354055 06/01/2017 CITY OF VERO BEACH 6,459.80 354056 06/01/2017 CHAPTER 13 TRUSTEE 201.08 354057 06101/2017 INDIAN RIVER ALL FAB INC 490.00 354058 06/01/2017 UNITED PARCEL SERVICE INC 119.44 P33 TRANS NBR DATE VENDOR AMOUNT 354059 06/01/2017 UNITED STATES POSTAL SERVICE 685.00 354060 06/01/2017 JANITORIAL DEPOT OF AMERICA INC 82.14 354061 06/01/2017 FLORIDA DEPT OF EDUCATION 209.54 354062 06/01/2017 ACUSHNET COMPANY 149.87 354063 06/01/2017 GEAR FOR SPORTS INTL INC 745.92 354064 06/01/2017 FEDERAL EXPRESS CORP 35.15 354065 06/01/2017 FEDERAL EXPRESS CORP 51.71 354066 06/01/2017 TYLER TECHNOLOGIES INC 184,272.48 354067 06/01/2017 NATIONAL RECREATION & PARK ASSOC 170.00 354068 06/01/2017 SIEMENS INDUSTRY INC 2,884.52 354069 06/01/2017 CALLAWAY GOLF SALES COMPANY 475.11 354070 06/01/2017 FLORIDA POWER AND LIGHT 28,744.54 354071 06/0112017 SUNSHINE STATE ONE CALL OF FL INC 1,067.30 354072 06/01/2017 TOCOMA RUBBER STAMP & MARKING SYSTEM 134.29 354073 06/01/2017 BE SAFE SECURITY ALARMS INC 239.70 354074 06/01/2017 MYLES BROWN 40.00 354075 06/0112017 INDIAN RIVER FARMS WATER CNTRL DIST 300.00 354076 06/01/2017 INDIAN RIVER FARMS WATER CNTRL DIST 489.99 354077 06/01/2017 G K ENVIRONMENTAL INC 9,445.75 354078 06/01/2017 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 915.10 354079 06/01/2017 KEEP INDIAN RIVER BEAUTIFUL INC 2,605.88 354080 06/01/2017 PINNACLE GROVE LTD 500.00 354081 06/01/2017 FLORIDA DEPT OF BUSINESS & PROF 150.00 354082 06/01/2017 BRIDGESTONE AMERICAS INC 1,079.37 354083 06/01/2017 RUSSELL PAYNE INC 956.34 354084 06/01/2017 TRANE US INC 2,196.00 354085 06/01/2017 CELICO PARTNERSHIP 252.49 354086 06/01/2017 RACHEL I VEY 176.20 354087 06/01/2017 VAN WALINNC 95.00 354088 06/01/2017 JOSEPH W VASQUEZ 50.00 354089 06/01/2017 THE CLEARING COMPANY LLC 2,045.00 354090 06/01/2017 JOHNS EASTERN COMPANY INC 400.00 354091 06/01/2017 CENTRAL PUMP & SUPPLY INC 74.00 354092 06/01/2017 MASTELLER & MOLER INC 1,640.00 354093 06/01/2017 ETR LLC 1,378.24 354094 06/01/2017 STAPLES CONTRACT & COMMERCIAL INC 344.70 354095 06/01/2017 ADMIN FOR CHILD. SUPPORT ENFORCEMENT 262.90 354096 06/01/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 266.47 354097 06/01/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 148.68 354098 06/01/2017 GARY L EMBREY 75.00 354099 06/01/2017 ORCHID ISLAND PROPERTY MGMT II INC 1,800.00 354100 06/01/2017 PETER OBRYAN 44.09 354101 06/01/2017 JOHNNY B SMITH 50.00 354102 06/01/2017 MOORE MEDICAL LLC 1,395.40 354103 06/01/2017 GLOBALSTAR USA 146.81 354104 06/01/2017 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 5,000.01 354105 06/01/2017 INTERNATIONAL SWEEPING INC 2,520.00 354106 06/01/2017 MADE SSIA FLOWERS 168.00 354107 06/01/2017 TREASURE COAST FOOD BANK INC 176.56 354108 06/01/2017 TREASURE COAST SPRINKLERS INC 715.00 354109 06/01/2017 MARINCO BIOASSAY LABORATORY INC 2,600.00 354110 06/01/2017 K'S COMMERCIAL CLEANING 16,954.08 354111 06/01/2017 WINSUPPLY OF VERO BEACH 1,479.64 354112 06/01/2017 WINSUPPLY OF VERO BEACH 99.94 354113 06/01/2017 GARRETT SMITH 60.00 354114 06/01/2017 MICHAEL FERRARO 125.00 354115 06/01/2017 CIVILSURV DESIGN GROUP INC 255.66 354116 06/01/2017 WOERNER DEVELOPMENT INC - 760.00 354117 06/01/2017 ATLANTIC COASTAL LAND TITLE CO LLC 600.00 354118 06/01/2017 ECMC 254.59 P34 TRANS NBR DATE VENDOR AMOUNT 354119 06/01/2017 FLORIDAARMATURE WORKS INC 2,661.00 354120 06/01/2017 TELE -WORKS INC 18,115.00 354121 06/01/2017 BERMUDA SANDS APPAREL LLC 848.46 354122 06/01/2017 HEATHER HATTON 200.00 354123 06/01/2017 REPROGRAPHIC SOLUTIONS INC 7.02 354124 06/01/2017 LOWES HOME CENTERS INC 1,078.61 354125 06/01/2017 O SPORTSWEAR LLC 930.00 354126 06/01/2017 CARMEN LEWIS 80.00 354127 06/01/2017 NICOLE GRAPPO 76.00 354128 06/0112017 SOUTHERN MANAGEMENT LLC 3,229.25 354129 06/01/2017 C E R SIGNATURE CLEANING 1,375.00 354130 06/01/2017 BRUCE SABOL 60.00 354131 06/01/2017 FAMILY SUPPORT REGISTRY 156.45 354132 06/01/2017 KESSLER CONSULTING INC 4,910.00 354133 06/01/2017 FORTILINE INC 695.00 354134 06/01/2017 HAWKINS INC 507.50 354135 06/01/2017 KAMAN INDUSTRIAL TECHNOLOGIES CORPORATION 2,440.00 354136 06/01/2017 RICHARD SZPYRKA 19.75 354137 06/01/2017 SCRIPPS NP OPERATING LLC 337.96 354138 06/01/2017 JOSEPH DIZONNO 50.00 354139 06/01/2017 RED THE UNIFORM TAILOR 1,004.40 354140 06/01/2017 GERELCO TRAFFIC CONTROLS INC 1,545.85 354141 06/01/2017 UNIFIRST CORPORATION 1,080.78 354142 06/01/2017 SCHUMACHER AUTOMOTIVE DELRAY LLC 326.36 354143 06/01/2017 SITEONE LANDSCAPE SUPPLY LLC 416.28 354144 06/01/2017 GOTTA GO GREEN ENTERPISES INC 226.57 354145 06/01/2017 ADVANCE STORES COMPANY INCORPORATED 56.80 354146 06/01/2017 EGP DOCUMENT SOLUTIONS LLC 829.10 354147 06/01/2017 RUSSELL L OWEN 111 50.00 354148 06/01/2017 NWI RECYCLING INC 8,056.80 354149 06/01/2017 EASTERN PIPELINE CONSTRUCTION INC 1,925.00 354150 06/01/2017 ICON SUPPLY INC 6,107.24 354151 06/01/2017 AC VETERINARY SPECIALTY SERVICES 134.29 354152 06/01/2017 DEBBIE CARSON 25.00 354153 06/01/2017 PEOPLE READY INC 9,177.84 354154 06/01/2017 KEITH ADAMS 75.00 354155 06/01/2017 RAUL E VIVANCO 192.00 354156 06/01/2017 COLE AUTO SUPPLY INC 115.84 354157 06/01/2017 GEOTECH ENVIRONMENTAL EQUIPMENT INC 995.00 354158 06/01/2017 VOOTU INC 2,476.37 354159 06/01/2017 DANBRANLEY LLC 209.00 354160 06/01/2017 KIMBERLY RICCIARDONE 170.00 354161 06/01/2017 BETH NOLAN 50.00 354162 06/01/2017 MICHAEL DOWLING 59.93 354163 06/01/2017 MICHAELHUDON 500.00 354164 06/01/2017 SHAWN GAGNON 210.35 354165 06/01/2017 WILLIAM SCOTT 19.75 354166 06/01/2017 AMERICAN SAFETY COUNCIL 94.95 354167 06/01/2017 EVELYN PINKERTON 70.00 354168 06/01/2017 THE COACHING COMPANY INC 5,220.00 354169 06/01/2017 WOODSPRING SUITES 159.98 Grand Total: 673,982.38 P35 ELECTRONIC PAYMENT - VISA CARD TRANS.N13R DATE VENDOR AMOUNT 1011436 05/26/2017 COLKITT SHEET METAL & A/C INC 3,993.00 1011437 05/26/2017 INDIAN RIVER BATTERY 72.40 1011438 05/26/2017 DEMCOINC 24.23 1011439 05/26/2017 MIKES GARAGE & WRECKER SERVICE INC 155.00 1011440 05/26/2017 ST LUCIE BATTERY & TIRE CO 20.77 1011441 05/26/2017 ABCO GARAGE DOOR CO INC 4,510.00 1011442 05/26/2017 GROVE WELDERS INC 201.65 1011443 05/26/2017 SOUTHERN JANITOR SUPPLY INC 789.77 1011444 05/26/2017 BENNETT AUTO SUPPLY INC 395.79 1011445 05/26/2017 L&LDISTRIBUTORS 1,300.48 1011446 05/26/2017 AT&T 78.95 1011447 05/26/2017 OFFICE DEPOT BSD CUSTOMER SVC 1,568.01 1011448 05/26/2017 WASTE MANAGEMENT INC 2,721.52 1011449 05/26/2017 COMCAST 137.22 1011450 05/30/2017 SSES INC 167.31 1011451 0.5/30/2017 COLD AIR DISTRIBUTORS WAREHOUSE 13.27 1011452 05/30/2017 INDIAN RIVER BATTERY 891.60 1011453 05/30/2017 GALLS LLC 910.47 1011454 05/30/2017 ABCO GARAGE DOOR CO INC 175.25 1011455 05/30/2017 SOUTHERN COMPUTER WAREHOUSE 519.93 1011456 05/30/2017 ROGER CLEVELAND GOLF INC 268.20 1011457 05/30/2017 TOTAL TRUCK PARTS INC 524.62 1011458 05/30/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 252.31 1011459 05/30/2017 BENNETT AUTO SUPPLY INC 70.86 1011460 05/30/2017 ALLIED DIVERSIFIED OF VERO BEACH LLC 400.00 1011461 06/01/2017 AT&T 16,573.77 1011462 06/01/2017 OFFICE DEPOT BSD CUSTOMER SVC 78733 1011463 06/01/2017 COMCAST 60.89 1011464 06/01/2017 T -MOBILE USA INC 344.25 Grand Total: 37,928.85 —P36 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 5159 05/26/2017 CER SIGNATURE CLEANING 15,410.00 5160 05/30/2017 KIMLEY HORN & ASSOC INC 57,827.70 5161 05/30/2017 IRC CHAMBER OF COMMERCE 19,945.65 5162 05/30/2017 VEROTOWN LLC 6,999.54 5163 05/30/2017 C E R SIGNATURE CLEANING 5,000.00 5164 05/30/2017 INTEGRITY LAWNS LLC 1,750.00 5165 05/30/2017 ELITE TITLE 27,560.00 5166 05/30/2017 ELITE TITLE 22;560.00 5167 05/31/2017 RUSSELL PAYNE INC 59,512.56 5168 06/01/2017 ST LUCIE BATTERY & TIRE CO 2,000.00 5169 06/01/2017 INDIAN RIVER COUNTY SHERIFF 3,600,453.65 5170 06/01/2017 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 86,512.37 5171 06/01/2017 AGENCY FOR HEALTH CARE ADMIN 13,173.89 5172 06/01/2017 CLERK OF CIRCUIT COURT : 80,959.25 Grand Total: 3,999,664.61 P37 Dylan Reingold, County Attorney William K. DeBraal, Deputy County attorney Kate Pingolt Cotner, Assistant County Attorney IA M • Consent Agenda - B. C. C. 6.13.17 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney�� DATE: May 31, 2017 SUBJECT: Airport Zoning Regulations Interlocal Agreement BACKGROUND. The City of Vero Beach (the "City") owns and operates the Vero Beach Regional Airport (the "Airport"), which is located entirely within the City and is bordered by unincorporated Indian River County (the "County"). Chapter 333, Florida Statutes, implemented by the Florida Department of Transportation (the "Department"), regulates various aspects of the Airport and requires protection of airport operations from encroachment or conflicts arising from development that occurs in the vicinity of the Airport. In 1992, with the assistance of the Department, the County created and adopted an airport zoning regulations section of the County's zoning code. Section 911.17 of the Indian River County Code of Ordinances is attached. Those regulations provide protections for the Vero Beach, Sebastian and New Hibiscus airports, the three general aviation airports in the County. Protections include provisions for preventing and mitigating hazards from tall structures and conflicts relating to noise. The County's regulations were used as a "model ordinance" by the Department. Recently, changes were made to Chapter 333, Florida Statutes, that require County action. Now, pursuant to section 333.03(1)(b), Florida Statutes, if an airport is owned or controlled by a political subdivision and if any other political subdivision has land upon which an obstruction may be constructed or altered which underlies any surface of the airport, the political subdivisions are required to either, 1) enter into an interlocal agreement to adopt, administer, and enforce a set of airport protection zoning regulations; or 2) create a joint airport protection zoning board to adopt, administer, and enforce such airport protection zoning regulations. In order to meet this statutory requirement, City and County staff have prepared the attached proposed Interlocal Agreement Between City of Vero Beach and Indian River County Airport Zoning Regulations Chapter 333 Florida Statutes (the "Airport Zoning Regulations Interlocal Agreement"). Under the Airport Zoning Regulations Interlocal Agreement, the City and the County are required to proceed to concurrently develop, administer, and enforce updated airport protection zoning regulations and airport land use compatibility zoning regulations governing the use of land on, adjacent to, or in the immediate vicinity of the Airport, in compliance with Chapter 333, Florida Statutes. Per the Airport Zoning Regulations Interlocal Agreement, the County will be required to notify the City of any development permit F: 4uwmy1U,"GEYLUL18 C OAS= aMr Whpo Zming]U.dk P38 Board of County Commissioners May 31, 2017 Page Two applications having potential to create any new airport hazards or new incompatible use of land described in Chapter 333, Florida Statutes. In fact, such notification is already provided by planning staff under section 911.17, of the Indian River County Code of Ordinances and has been in place since 1992._ Notification will be accomplished by the County's Technical Review Committee requesting input from the City during the application review process. Such requirement is consistent with section 902.10(2)(h) of the Indian River County Code of Ordinances, which already allows for input from other governmental agencies such as municipalities. Under the proposed Airport Zoning Regulations Interlocal Agreement, both the City and the County will be required to file their respective airport zoning codes, rules, and regulations, and any amendments and variances with the Department within 30 days after they are adopted. Staff supports the proposed Airport Zoning Regulations Interlocal Agreement and notes that no variances have been needed since 1992. The City Council for the City of Vero Beach will be considering the Airport Zoning Regulations Interlocal Agreement at its regularly scheduled meeting on June 6, 2017. FUNDING. The cost for recording the Airport Zoning Regulations Interlocal Agreement will be $44.00. The cost of recording will be split evenly between the City and the County. Funding for the County's portion of the expenditure, $22.00, is available from Account No. 00110214-034830 (General Fund/County Attorney/Recording Fees). RECOMMENDATION. The County Attorney's Office recommends that the Board vote to approve the Airport Zoning Regulations Interlocal Agreement and authorize the Chair to execute the Airport Zoning Regulations Interlocal Agreement. ATTACHMENT(S). Indian River County Airport Zoning Regulations, Section 911.17 of the Indian River County Code of Ordinances Proposed Airport Zoning Regulations Interlocal Agreement F1411mxy1Gnd01GENERALI8 C L%49nd.,Ve..Sk4MpW Zoning ILA.d. P39 Indian River County, FL Code of Ordinances Page 1 of 6 Section 911.17. - Airport zoning. (1) Title. This section shall be known as the Indian River County Airport Zoning Ordinance. (2) Purpose and intent. The purpose of this airport zoning ordinance is to provide both airspace protection and land use compatibility with airport operations in Indian River County. This section, through establishment of airport overlay zones and corresponding regulations, provides for independent review of development proposals in order to promote the public interest in safety, health, and general welfare in Indian River County as well as to ensure that all publicly licensed airports in Indian River County can effectively function. Therefore, the Indian River County Board of County Commissioners deems it necessary to regulate uses of land located within or near the traffic patters of airports through regulation of height of structures and objects of natural growth, and through regulation of land uses within noise impacted areas and runway clear zone areas. There is hereby adopted and established the official airport zoning regulations pursuant to the authority conferred on the Board of County Commissioners of Indian River County, Florida, consistent with Chapters 163 and 333, Florida Statutes. (3) Definitions. All terms defined in the Indian River County Land Development Regulations, Chanter 901, are applicable in this section. (4) Airport zones of influence. Indian River County hereby adopts three (3) airport overlay zones which are shown on the county's official zoning atlas. These zones are established to regulate development in proximity to the following licensed public use airports located within Indian River County: Vero Beach Municipal Airport, Sebastian Municipal Airport, and New Hibiscus Airport. The location of these zones of influence is hereby established by this section. Boundaries of these zones of influence may be changed only by way of an amendment of the official zoning atlas, pursuant to section 902.12 of the land development regulations. All development applications for land within these zones of influence shall comply with the airport zoning regulations of section 911.17. In addition, development within these airport overlay zones shall also comply with applicable underlying zoning district requirements as referenced in Cheater 91 1. Zoning, of the county's land development regulations. Following are the three airport overlay zones: • Airport Height Notification Zone (Subzone A and Subzone B; • Airport Runway Clear Zone; and • Airport Noise Impact Zone. Where a zone of influence overlays a portion of a property, only that portion within the zone spall be affected by the zone regulations. Furthermore, in relation to applying runway clear zone and noise impact zone requirements, use regulations shall apply to the structure or facilities constituting the use and shall not generally apply to acccssory open space, landscape and buffering, stormwater management, or driveway and parking uses. (a) Airport height notification zone and regulations. Establishment of zone. The airport height notification zone is hereby established as an overlay zone on the adopted county zoning atlas. This zone is established to regulate the height of structures and natural vegetation for areas in proximity to the licensed public use airports located within Indian River County. The airport height notification zones, consists of two subzones, defined as follows: Subzone A. The area surrounding each licensed public use airport extending outward twenty thousand (20,000) feet from the ends and each side of all active runways. Subzone B. That area within the unincorporated area of the county not within airport height notification Subzone A. Height notification regulations. All development proposals for land within the height notification zone shall be forwarded to the Federal Aviation Administration (FAA) to be reviewed for conformance with the obstructions standards detailed in Title 14, Code of Federal Regulations, Part 77 Subpart C. (14 CFR Part 77). A proposed development shall be determined to be a "potential airport obstruction" if the proposed development would result in a structure or natural vegetation having a height greater than an imaginary surface extending outward and upward from the ends and sides of a publicly licensed airport active runway at a slope of one (1) foot vertical to one hundred (100) feet horizontal outward to twenty thousand (20,000) feet for Subzone A or two hundred (200) feet above ground level for Subzone B. Applicants of any development proposal determined by the county to result in a structure(s) that constitutes a "potential airport obstruction" shall be issued a notice of potential airport obstruction during the development proposal review process by the community development director or his designee. No proposal for development will be approved for construction and no permit for construction will be issued for any proposal to construct any structure which is determined by the county to be a "potential airport obstruction" unless a county airport construction permit is granted or unless a county airport obstruction variance is granted. Any proposed development which is not determined to be a "potential airport obstruction" is exempt from any airport height notification zone permitting regulations contained herein. Airport construction permit procedures and criteria for approval. Any applicant affected by a notice of potential obstruction may apply to the community development director for an airport construction permit about:blank 5/31/2017 P40 Indian River County, FL Code of Ordinances Procedures for obtaining an airport concoction permit. Page 2 of 6 Applicants shall submit to the planning division a completed airport construction permit application form (as provided by the county) and a copy of the notice of proposed construction form submitted to the FAA for the project. Permit requests may be considered by the community development director concurrent with development plan approval consideration. Prior to permit requests being considered for approval, applicants shall submit to the planning division the final determination issued by the FAA based on its review of the applicant's notice ofproposed construction submitted in accordance with 14 CFR Part 77. Criteria for granting an airport construction permit Where the FAA has reviewed the proposed development and determined its construction would not exceed an obstruction standard of 14 CFR Part 77, the community development director shall grant a airport construction permit for the proposed development provided that a condition is attached to the permit approval to ensure that the approved structure(s) is marked and lighted prior to the issuance of a certificate of bccupancy (C.O.) if so required by Chapter 14-60, in accordance with the standards of Rules of the Department of Transportation and Federal Aviation Administration Advisory Circular 70n460-1, as amended Where the FAA has reviewed a proposed development and determined that the proposed development exceeds the obstruction standards of 14 CFR Part 77, no airport construction permit may be approved, and a county airport obstruction variance (see regulations below) must be obtained by the applicant for the proposed development to proceed. Appeals. Actions ofthe community development director relating to granting or denying an airport concoction permit may be appealed within fifteen (15) days of the decision rendered. Appeals shall be heard by the board of adjustment and may be filed by the applicant, staff; or any person aggrieved or taxpayer affected or governing body of a political subdivision or FDOT. All appeals shall be filed, reviewed, and heard in a manner consistent with F.S. §§ 333.08 and 333.10. Airport obstruction variance procedures and criteria. Procedures for obtaining an airport obstruction variance. Applicants shall submit to the planning division a completed airport construction variance application form, as provided by the county. Variance requests shall be considered by the board of adjustment The request may be approved, approved with conditions, or denied. ii. Prior to variance requests being scheduled for consideration by the board of adjustment, the applicant shall submit to the planning division the following. • A copy of the notice of proposed construction form submitted to the FAA; • A final determination issued by the FAA based on its review of the applicant's notice of proposed construction submitted in accordance with 14 CFR Part 77; • A valid aeronautical evaluation (may consist of the evaluation performed by the FAA); • Comments from the FDOT or evidence that the FDOT has made no comments during its required forty-five (45) day comment timeframe. Said evidence shall include a return receipt showing that the FDOT comment time frame has been exceeded Criteria for granting an airport obstruction variance. Where the FAA has reviewed the proposed development and determined its construction would exceed an obstruction standard of 14 CFR Part 77, the board of adjustment may grant an airport obstruction variance for a proposed development. Such a variance may be granted if the board determines that a literal enforcement of the regulations would result in practical difficulty or unnecessary hardship and where the relief granted would not be contrary to the public interest (i.e. the development can be accommodated in navigable airspace without adverse impact to the county's public use airports or aviation operations) but would do substantial justice and be in accordance with the spirit of F. S. Ch. 333, and provided that: A condition is attached to the variance approval to require that the approved structure(s) is marked and lighted to indicate to aircraft pilots the presence of an obstruction in accordance with the standards of FAA Advisory Circular Number 70/7460-I0., as it may be amended. Where such marling or lighting is required, such requirement shall be satisfied prior to the issuance of a Ccrtificate of Occupancy (C.O.) for the affected structure. FAA determines the aeronautical evaluations submitted are valid iii. Consideration is given to: The nature of the terrain and height of existing structures. about:blank 5/31/2017 P41 Indian River County, FL Code of Ordinances Page 3 of 6 2. Public and private interests and investments. 3. The character of flying operations and planned development of airports. 4. FAA designated federal airways. 5. Whether construction of the proposed structure would cause an increase in the minimum descent altitude or the decision height at the affected airport. 6. Technological advances. 7. The safety of persons on the ground and in the air. 8. Land use density. 9. The safe and efficient use of navigable airspace. 10. The cumulative effects on navigable airspace of all existing structures, proposed structures identified in the applicable jurisdictions comprehensive plans, and all other known proposed structures in the arca. 11. FAA determinations and results of aeronautical studies conducted by or for the FAA. 12. FDOT comments and recommendations, including MOT findings relating to F.S. 333.025(1) standards and guidelines. 13. Comments and recommendations from local airport authorities. 14. Other testimony and findings of aviation operations and safety experts. Chapter 902 variance criteria shall not be applicable to airport obstruction variance requests. (b) Airport runway clear zone and regulations. 1. Zone establishment. There is hereby created and established as an overlay zone on the adopted county zoning atlas a runway clear zone for areas at each end of every active runway at all publicly licensed airports. Within a runway clear zone, certain uses are restricted or prohibited to reduce incompatibilities with normal airport operations and danger to public health. 2. Runway clear zone regulations. a. The following types of uses shall be prohibited within the runway clear zone: i. Educational centers (including all types ofprimary and secondary schools, pre-schools, child care facilities). ii. Hospitals, medical inpatient treatment facilities, nursing/convalescent home facilities. iii. Places of worship. b. about:blank 5/31/2017 P42 Indian River County, FL Code of Ordinances Page 4 of 6 Allowable uses. Any use which is not prohibited in a runway clear zone as determined in a. above, is allowable within the runway clear zone, subject to compliance with applicable noise impact zone and zoning district regulations. Appeals. Determinations by the community development director, relating to use interpretations involving section "a." above, may be appealed to the planning and zoning commission sitting as the airport zoning commission, in the manner prescribed by section 902.07(1) through (4) of the Code. Further appeal may be made to the board of adjustment by an applicant or any person aggrieved or taxpayer affected or governing body of a political subdivision or FDOT. All such appeals to the board of adjustment shall be filed, reviewed, and heard in a manner consistent with F.S. §§ 333.08 and 333.10. (c) Airport noise impact zone and regulations. Zone establishment. There is hereby created and established as an overlay zone on the adopted county zoning atlas an airport noise impact zone for areas surrounding all publicly licensed airports. The noise zone is an area in which uses are restricted and special construction standards are to be used to minimize the impact of airport generated noise routinely produced by continuation of normal airport operations. The airport noise impact zone is defined as follows: An area contiguous to a publicly licensed airport measuring one-half ('/,) the length of the longest active runway on either side of and at the end of each active runway centerline. For land use control purposes, this boundary shall be considered to be consistent with the sixty-five (65) to seventy (70) ldn zone determined by an official Part 150 Noise Study. Notwithstanding other provisions of this section, should any publicly licensed airport conduct an official 14 CFR Part 150 study the boundaries of that airport's noise impact zone shall be modified to comply with the official noise study, subject to amendment of the official zoning atlas as addressed in section 911.17(4) of these regulations. Noise impact zone land use regulations. Provisions ofthis section shall apply to construction, alteration, moving, repair and use of any building or structure within the noise impact zone. Permitted uses. The following uses shall be permitted within the established noise overlay zone, unless prohibited by overflight zone or zoning district regulations: Governmental services. 5/31/2017 P43 Indian River County, FL Code of Ordinances Page 5 of 6 xiv. Golf courses, riding stables and water recreation. xv. Agricultural operations. xvi. Similar uses. Restricted uses and criteria. The following uses shall be permitted within the established noise overlay zone, (unless prohibited by overflight zone or zoning district regulations) only if the proposed development complies with the applicable criteria described below: Child care, transient lodgings, educational centers, residential (other than mobile homes), and similar uses. Developers of proposed child care facilities, transient lodgings, educational centers and residential uses (other than mobile homes) shall verify to the county in writing that proposed buildings are designed to achieve an outdoor to indoor noise level reduction (NLR) of at least twenty-five (25) decibels. (Normal residential construction can be expected to provide an NLR of twenty (20) to twenty-five (25) decibels). Hospitals, homes for the aged, places of worship, auditoriums, concert halls and similar uses. Hospitals, homes for the aged, places of worship, auditoriums and concert halls shall verify to the county in writing that proposed buildings are designed to achieve an outdoor to indoor noise level reduction (NLR) of at least twenty-five (25) decibels. iii. Outdoor sports arenas, spectator sports and similar uses. Outdoor sports arenas and spectator sports facilities must be constructed with special sound reinforcement systems consistent with building code regulations. In lieu of providing written verification that a proposed building is designed for an NLR oftwenty-five (25) decibels (as stated in i., ii., and iii, above), a developer may execute and record an aviation easement as provided in 9 i 1.1 7(4xc)2.e. below. Prohibited uses. Uses which are not specified in section 911.17(4xc)2.a and b. as permitted or restricted are prohibited within the noise overlay zone Appeals. Determinations by the community development director, relating to use interpretations involving sections "a" or "b." or "c." above, may be appealed to the planning and zoning commission, sitting as the airport zoning commission, in the manner prescribed by section 902.07(1) through (4) of the Code. Further appeal may be made to the board of adjustment by an applicant any aggrieved person, taxpayer affected, governing body of a political subdivision, or FDOT. All such appeals to the board of adjustment shall be fled, reviewed, and heard in a manner consistent with F.S. §§ 333.08 and 333.10. Aviation easements. An aviation easement is a legal document that grants to the owner/operator of a nearby airport a right to continue to operate the airport in a manner similar to current operations, despite potential nuisance effects upon uses that are being established in close proximity to the airport. Applicants choosing to provide an aviation easement shall execute said easement to the appropriate airport authority. The easement shall be in a form acceptable to the county attorney's office and shall be executed in a recordable form by the property owner. • Prior to release of a development site plan, • Prior to or via recording of a final plat, or • Prior to issuance of a building permit, as applicable. The property owner shall record the easement and provide a copy of same to the county. (d) Special requirements applicable throughout the unincorporated area of the county. Notwithstanding any other provision of this section (911.17), no use may be made of land or water within the unincorporated area of the county in such a manner as to interfere with operation of an airborne aircraft using a publicly licensed airport The following special requirements shall apply to proposed developments: Solid waste disposal sites shall be reviewed in accordance with the State of Florida Department of Environmental Regulation (DER) Rule Chapter 17-701, which requires the following: No solid waste disposal sites shall be permitted to be located as follows: Within ten thousand (10,000) feet of any publicly licensed airport active runway used or planned to be used by turbine powered aircraft, or Within five thousand (5,000) feet of any publicly licensed airport active runway used only by piston type aircraft, or about:blank 5/31/2017 P44 Indian River County, FL Code of Ordinances Page 6 of 6 31L So that it places the active runways and/or approach and departure patters of an airport between the solid waste disposal site and bird feeding, water or roosting areas, or iv. Locations outside the above locations but still within the limits of any airport overlay zone(s) if determined by the FAA to pose a hazard. 2. Proposed developments which produce lights or illumination, smoke, glare or other visual hazards, or produce electronic interference with airport/ airplane navigation signals are subject to the standards specified in the FAA Procedures Manual 7400-2C, consistent with F.S. Ch, 333.03(3), Florida Statutes, as may be applied and enforced by the state and/or federal governments. (e) Nonconforming uses. The regulations prescribed herein shall not be construed to require the removal, lowering, or other change to or alteration of any structure or natural vegetation not conforming to the regulations as of the effective date of this section, or to otherwise interfere with continuance of any nonconforming use except as provided in 333.07(1) and (3). However, no pre-existing nonconforming structure, natural vegetation, or use shall be replaced, rebuilt, altered, or allowed to grow higher, or to be replanted, so as to constitute an increase in the degree of nonconformity with these regulations (911.17). Nothing contained herein shall require any change in the construction, alteration, or intended use of any structure, where the construction or alteration was begun prior to the effective date of this section and is completed within one (1) year thereafter. The provisions of Chapter 904 of the land development regulations also apply to nonconformities. (Ord. No. 93-7, § 1, 3-18-93) 5/31/2017 P45 INTERLOCAL AGREEMENT BETWEEN CITY OF VERO BEACH AND INDIAN RIVER COUNTY AIRPORT ZONING REGULATIONS CHAPTER 333 FLORIDA STATUTES THIS INTERLOCAL AGREEMENT is made and entered into this day of , 2017, by and between the City of Vero Beach, Florida, hereinafter referred to as the "CITY", and Indian River County, Florida, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY"., WHEREAS, the CITY and the COUNTY constitute "political subdivisions" pursuant to chapter 333 of the Florida Statutes, with respect to the adoption and enforcement of airport zoning regulations under the provisions of that chapter; and WHEREAS, the CITY owns and operates the Vero Beach Regional Airport (hereafter the "AIRPORT" or "VRB") which is situated entirely within the municipal limits of the CITY and is bordered by unincorporated Indian River County. WHEREAS, certain activities and uses of land in the immediate vicinity of airports as enumerated in s. 333.03(2), F.S., are not compatible with normal airport operations, and may, if not regulated, also endanger the lives of airport users, adversely affect their health, or otherwise limit the accomplishment of normal activities; and WHEREAS, some airport hazard areas appertaining to the AIRPORT are located wholly or partly in the territorial limits of the CITY, while other such areas are located wholly or partly in the territorial limits of the COUNTY; and WHEREAS, the CITY and COUNTY have heretofore adopted regulations pursuant to chapter 333, and those regulations will be updated, if necessary, in order to comply with subsequent changes to the statute; and WHEREAS, by entering into this Interlocal Agreement pursuant to the provisions of s. 163.01 and s. 333.03(b)1., F.S., the CITY and the COUNTY acknowledge their obligation, in conformity with s. 333.03(1)(b)1., F.S., to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard areas, and to the extent allowed by law restrict the use of land adjacent to or in the immediate vicinity of the Airport to activities and purposes compatible with the continuation of normal airport operations including landing and takeoff of aircraft in order to promote public health, safety, and general welfare. NOW, THEREFORE, in consideration of the forgoing and the mutual covenants hereinafter contained, it is agreed between the CITY and the COUNTY as follows: Section 1. Airport Zoning Regulations. Pursuant to the procedures specified in s. 333.05, F.S., the CITY and the COUNTY shall proceed to concurrently develop, administer, and enforce updated airport protection zoning regulations and airport land use compatibility zoning regulations governing the use of land on, adjacent to, or in the immediate vicinity of the AIRPORT, in compliance with Chapter 333, Florida Statutes. Nothing in this Agreement shall N:\Client Docs\Airport\2017.5.8 City County Airport Interlocal.docx P46 obligate the CITY or the COUNTY to revise its land development regulations to regulate (1) the height that trees are permitted to grow; (2) the offsite impacts of lights and illumination used in connection with streets, parking, signs and uses of land; (3) the offsite use of high energy beam devices; or (4) activities that produce offsite interference with navigational signals or radio communications, except to the extent the COUNTY shall voluntarily obligate itself to do so pursuant to an amendment to this Agreement executed pursuant to the provisions of s. 163.01 and s. 333.03(b)l., Florida Statutes. Section 2. Development Review. The CITY and the COUNTY acknowledge their respective obligations, in conformance with s. 333.03(1)(b)1., F.S., to adopt, administer and enforce airport protection zoning regulations and airport land use compatibility zoning regulations to the extent allowed by law to restrict the incompatible uses specified in s. 333.03(2), F.S. The COUNTY shall notify the CITY of any development permit applications having potential to create any new airport hazards or new incompatible use of land described in Chapter 333, F.S. The County's Technical Review Committee shall request input from the CITY during the application review process. The CITY and the COUNTY shall use Chapter 164, Florida Statutes, the Florida Governmental Conflict Resolution Act to resolve any disputes. Section 3. Notices Any notice to the CITY shall be sent to: City of Vero Beach Airport Director's Office 3400 Cherokee Drive (32960) P.O. Box 1389 Vero Beach, Florida 32961-1389 Any notice to the COUNTY shall be sent to: County Administrator Indian River County 1801 27th Street Vero Beach, FL 32960 With a Copy to: City of Vero Beach City Manager 1053 20th Place PO Box 1389 Vero Beach, Florida 32961-1389 With a Copy to: County Administrator Indian River County 1801 27th Street Vero Beach, FL 32960 Section 4. No Financial Liability, Attorney's fees and Costs. This Agreement shall not be construed to provide any party hereto with a right to monetary damages or to otherwise impose any financial liability upon any party hereto. In any action to enforce this Agreement, or any resolution, proceeding or any other dispute arising under this Agreement, each party shall bear its own attorney's fees and costs. Page 2 of 5 N:\Client Docs\Airport\2017.5.8 City County Airport Interlocal.docx P47 Section 5. Disclaimer of Third -Party Beneficiaries. This `Agreement is solely for the benefit of the CITY and the COUNTY and no right, privilege or cause of action shall by reason hereof accrue upon, to, or for the benefit of any third party, including without limitation any other municipality, county, state agency or federal agency. Nothing in this Agreement is intended or shall be construed to confer upon or give any person, corporation, partnership, trust, private entity, agency or other governmental entity any right, privilege, remedy or claim under or by reason of this Agreement or any provisions or conditions hereof. This Agreement is not intended nor shall it be construed to be a development agreement within the meaning contemplated in Sections 163.3220-3243, F.S. Section 6. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Florida. Venue for any action to enforce any of the provisions of this Agreement shall be in the Circuit Court of the Nineteenth Judicial Circuit in and for Indian River County, Florida. Section 7. Recording and Filing. This Interlocal .Agreement (and all future amendments hereto, if any) shall be recorded in the Public Records of Indian River County, Florida and filed with the FDOT (Aviation Office MS -46) pursuant to ss. 333.03(3) and 163.01 (11), F.S. The CITY and the COUNTY shall file their respective airport zoning codes, rules, and regulations, and amendments and proposed and granted variances thereto with FDOT pursuant to s. 333.03(3), F.S., within 30 days after they are adopted or issued. Section 8. Term. Amendment. and Termination of Acareement. The term of this Interlocal Agreement shall be thirty years from its effective date. However, prior to its expiration, the parties shall either (1) execute a replacement interlocal agreement; or (2) create a joint airport protection zoning board, as required by s. 333.03(1)(b), F.S. This Agreement may be amended from time to time pursuant the provisions of s. 163.01, F.S. Section 9. Effective Date. This Interlocal Agreement shall become effective upon its execution by both parties and its recording with the Clerk to the Board pursuant s. 163.01(11). F.S. IN WITNESS WHEREOF, the parties hereto have executed the AGREEMENT on the date entered in the first paragraph above. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 3 of 5 N:\Client Docs\Airport\2017.5.8 City County Airport Interlocal.docx P48 Indian River County Attest: Jeffrey R. Smith, CPA, CGFO, CGMA Board of County Commissioners of Indian INDIAN RIVER COUNTY River County CLERK OF THE CIRCUIT COURT AND COMPTROLLER By:. Joseph E. Flescher, Chairman Deputy Clerk Date: Approved as to form and legal sufficiency Print: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 2017, by Joseph E. Flescher, as Chairman of the Board of County Commissioners of Indian River County. He is personally known to me or produced as identification and did/did not take an oath. NOTARY PUBLIC Sign: Print: State of Florida at Large Commission No. My Commission Expires: Page 4 of 5 N:\Client Docs\Airport\2017.5.8 City County Airport Interlocal.docx P49 ATTEST: Sign: Tammy K. Bursick City Clerk STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF VERO BEACH Sign: Laura Moss Mayor The foregoing instrument was acknowledged before me this day of , 2017, by Laura Moss, as Mayor, and attested by Tammy K. Bursick, as City Clerk of the City of Vero Beach, Florida. They are both known to me and did not take an oath. Approved as to form and legal sufficiency: Wayne R. Coment City Attorney Approved as to technical requirements: Ericson W. Menger Airport Director NOTARY PUBLIC Sign: Print: State of Florida at Large Commission No. My Commission Expires: ADMINISTRATIVE REVIEW Approved as conforming to municipal policy: James R. O'Connor City Manager Approved as to technical requirements: Timothy J. McGarry Planning and Development Director Page 5 of 5 N:\Client Docs\Airport\2017.5.8 City County Airport Interlocal.docx P50 to INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Directo James W. Ennis, P.E., PMP, County Enginee FROM: Nathan Ottoson, P.E., Project Engineer—AV6 SUBJECT: Award of Bid No: 2017050 Indian River County Courthouse Judge's Security Upgrade Project DATE: May 26, 2017 DESCRIPTION AND CONDITIONS On February 7, 2017, the Board of County Commissioners approved a budget amendment to allocate funds for the construction of exterior security improvements to the County Courthouse for the Judges—including a 10 -foot concrete wall that will surround the existing.ludges parking area, aesthetic features matching the existing courthouse, a remote operated security gate, a security door installed on the south side of the parking lot, lighting, landscaping and sidewalk upgrades to meet A.D.A accessibility. The bid opening was held on May 24, 2017. Two (2) qualified bids were received and opened. A third bid was submitted late and subsequently disqualified. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: Summit Construction of Vero Beach, LLC Main Gate Enterprises, Inc. One Call Properties Vero Beach, Florida $354,250.00 Wauchula, Florida $378,106.00 Disqualified Summit Construction of Vero Beach, LLC is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $354,250.00. Summit Construction of Vero Beach, LLC has completed construction projects for the County and has performed work in a satisfactory manner. Additionally, the Engineering Division has checked references for Summit Construction of Vero Beach, LLC, and determined that they have performed similar construction projects consistently, and in a satisfactory manner. Summit Construction of Vero Beach, LLC. bid of $354,250.00 was below the Engineer's estimate of $396,750.00. FUNDING Funding is budgeted and available from Optional Sales Tax/Facilities Maintenance/Courthouse Judges Security Account No. 31522019-066510-16033. F:\Pubhc Works\ENGINEERiNG DIVISION PROJECTS\1621 BRC Courthouse Judges Security Upgrades\1-AdminWgenda Items\Nward ofBid_June-13- 2017\IRC1621_Agenda Memo_Award_of Bid.doc P51 Page 2 Award of Bid No: 2017050 Indian River County Courthouse Judge's Security Upgrade Project RECOMMENDATION Staff recommends that the project be awarded to Summit Construction of Vero Beach, LLC, in the amount of $354,250.00 and requests that the Board of County Commissioners approve the sample agreement and authorize the Chairman to execute said agreement after receipt and approval of the required Public Construction Bond and Certificate of Insurance and after the County Attorney has approved the agreement as to form and legal sufficiency. ATTACHMENTS 1. Sample Agreement DISTRIBUTION 1. Masteller & Moler, Inc. 2. _ Summit Construction of Vero Beach, LLC APPROVED AGENDA ITEM FOR JUNE 13.2017 F:\Pub1icWorks\ENGINEERrMG DIVISION PROJECTS\1621 IRC Courthouse Judges Security Upgmdes\I-Admin\Agenda Items\Award of Bid. June-13- 201MC1621_Agenda Memo -Award -of Bid.doc P52 SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE1- WORK.................................................................................................................................2 ARTICLE 2 - THE PROJECT........................................................................lel%'..................................2 ARTICLE 3 - ENGINEER....................................................................... r��......., /!%/ ..................... 2 •: �Y ARTICLE 4 - CONTRACT TIMES .................................... 2 ............................ Z11 ARTICLE 5 -CONTRACT PRICE ......................... {..............lak............................ 3 ARTICLE 6 - PAYMENT PROCEDURES '%off/ ................... .. ���.... 4 ARTICLE 7 - INDEMNIFICATION.......%c,�l/t�,......,,:..................................................................5 ARTICLE 8 - CONTRACTOR'S;REL'h SEI NT... .....................................................................5 ARTICLE9 - CONTGi'%'OCUMi>5.......................................................................................... 6 ............................................................................................... 7 [THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY] @BCL@D405FE1 F 00520-1 C:\Users\GRANIC-1\AppData\Local\Temp\BCL TechnologiesXeasyPDF 7\@BCL@D405FE1F\@BCL@D405FE1F.doc P53 SECTION 00520 - Agreement (Public Works) THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Summit Construction of Vero Beach. LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covet 0 ereinafter set forth, nan agree as follows: i.' ARTICLE 1 - WORK r�/;:: ffrrYrr 1.01 CONTRACTOR shall complete all Work as specified ori � I at d in the/>0.` ntract Documents. The Work is generally described as follows: "�%j i, RK M. project consists of the demolition'i p � of er;,ex�stmg 2.5 h��,,�oncrete wall and the construction of a new 10 -foot high C. 1arkt , wa`I'Ghat will surround the existing Judges parking area, along 15 1h Avenue aesthdfi'�/V\\. fe es to k ich the existing courthouse, install a remote operated sec ��ty are, r stall a ecudry door on the south side of the parking area, lighting, landscaping, a►r%` sidewalkgrades to meet ADA accessibility requirements. 2.01 The Project for which part is generally desc Documents may be the whole or only a Y YY'i Pro Nara�e: INDIA J.VER COUNTY COURTHOUSE JUDGE'S SECURITY aw GRAI�ROJECT County ojec�' `ffih b JRC-1621 Bid Num/t ,20 7050`�`��+ rr f/ RI Project A' If.�ss: 200016 T" AVENUE VERO BEACH, FLORIDA 34960 3.01 The Irk/dR `County Public Works Department is hereinafter called the ENGINEER and wi '40 —OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. @BCL@D405FE1 F 00520-2 C:\Users\GRANIC-1 \AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@D405FE1 F\@BCL@D405FE1 F.doc P54 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 120' calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 150th calendar day after the date when the Contract Times commence to run. - B. The Work will be fully completed (Final Completion) and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 150th ,4h. calendar day after the date when the Contract Times commence. a run as provided in paragraph 2.03 of the General Conditions. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time bkof the essence o bis . {''{ ment and that OWNER will suffer financial loss if the Wort, not completed,,{tin the times specified in paragraph 4.02 above plus an/8/d"'PI ra loris` l greof allowed,in accordance with Article 12 of the General Conditions. Liq . i. d�`.age 11 comme�ae for this portion of i w work. The parties also recognize thed Sys, expense, ands � involved in proving in a legal proceeding the actual loss sftar d by OVVh if th brk is not completed on time. Accordingly, instead of,r quirin� fita AN proof, OWNER and CONTRACTOR /Jird '//% agree that as liquidated damag.; del`aifdt not as a penalty), CONTRACTOR shall pay OWNER 1 099.00 for ea dar clay. that expires after the time specified in l/r paragraph 4.02 for Substantial Com t#untillf{ Work is substantially complete. After Substantial CompletigANN CONTR�?CT' all n lect refuse or fail to complete the ai//i/,, �, , remaining Work wittiir�heantraci�me eaf ny proper extension thereof granted by OWNER, CONTRACT Oi aIVV11, /��WNER "099.00 for each calendar day that expires after the time specified in 6%g�rap ,%� for completion and readiness for final payment until the Wo : y� �orra.pleted air h ady incl payment. 5.01 4.01 OWNER" shall pay , ONTRACTOR for completion of the Work in accordance with the %f 6tract Docume k an amount in current funds equal to the sum of the amounts determi9fe , iif suantAi . paragraph 5.01.A and summarized in paragraph 5.01.B, below: A. Fo'f'ail Work, at tti'e prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. ,.,,>, B. THE G. i BRACT SUM subject to additions and deductions provided in the Contract:: Numerical Amount: $ 354,250.00 Written Amount: Three Hundred Fifty -Four Thousand, Two Hundred Fiftv Dollars ARTICLE 6 - PAYMENT PROCEDURES @BCL@D405FE1F 00520-3 C:\USerskGRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@D405FE 1 F\@BCL@D405FE 1 F.doc P55 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Governme%f;ompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNERgyall retain ten percent moi (10%) of the payment amounts due to the CONT / -TOR until fifty percent .(50%) completion of the work. After fifty percent (521@11" 5 °'complefid, of the work is '%�, / f, f attained as certified to OWNER by ENGINEER in W.�.. ing IER shall retain 6i five percent (5%) of the payment amount due to RACTOR Wgbil final completion and acceptance of all work to be performed by { NTRA= under the Contract Documents. Pursuant to Fl&ida Statutes sectio ,1.8 i3 8)(b), fifty percent (50%) completion means the poin '#which the Count`' NER has y� expended fifty ' ff p fty percent (50%) of thMMONMMM/�/" i�,al cos#f the construction services work purchased under the Contract Drioii ogftwith alls�s associated with RE existing change orders and f©#der additiorsor m��caoras to the construction services work provided unde I _Contn4 ocumennnts � 6.03 Pay Requests. A. Each request for a progress%pay,ent s ..11, be submitted on the application for payment form.lopplied by d; I Rand tti pplication for payment shall contain the CONTRA �f;;PBR S�certificgitjon. A11rprogress payments will be on the basis of progress of the wok rtfe.;asured y theschedule of values established, or in the �,. case of unit price ..or �ased`.,Pn the number of units completed. After fifty perceice., . s%50%) comp�etion, Viand pursuant to Florida Statutes section 218.7.3k8" J.be CONT y4CTOR may submit a pay request to the County as S% or upcti %ha.12) of the retainage held by the County as OWNER and theountjras o18R shall promptly make payment to the CONTRACTOR B less sMlgounts are the subject of a good faith dispute; the subject of a %t claim pursd,Et to Florida Statutes section 255.05(2005); or otherwise the subject ,0 1a m tips errand by the County as OWNER or the CONTRACTOR. The fNA, TM acknowledges that where such retainage is attributable to the V labor, seces, or materials supplied by one or more subcontractors or suppliers, the Caactor shall timely remit payment of such retainage to those huble-.tactors and suppliers. Pursuant to Florida Statutes section 218/'.35(8)(c)(2005), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. @BCL@D405FE1F 00520-4 C:\Users\GRANIC-1 \HppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@D405FE1 F\@BCL@D405FE1 F.doc P56 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond.///////// ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, ani paragraph 6.20 (Indemnification) of the General Conditions to ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into following representations: A. CONTRACTOR has examined other related data identified in th B. CONTRACTOR has visited the general, local, and Site conditioi Work. A/b/111r.. C. CONTRACTOR is fa Regulations that may ly s;tj4'j, the with akes the Documents and the familiar with and is satisfied as to the ost, progress, and performance of the fieafas to all federal, state, and local Laws and and performance of the Work. D. CONTRACT >... h`Carefully 's died all: (1) reports of explorations and tests of sir, `�'�s,. subsurface con`i�tions ,�`t a ",. ntig��ous to the Site and all drawings of physical conditions U- � � in r ,elating to st i su fi e -'or subsurface structures at or contiguous to the Site je p1�Undergro } Facilities) which have been identified in the Supplementaryonditions as provided in paragraph 4.02 of the General Conditions and (2) reports and (drawings!, za'ttlous Environmental Condition, if any, at the Site which have been I'd t lfed n the S, pp ementary Conditions as provided in paragraph 4.06 of the General E. CONT:{r;T:lRhas obtained and carefully studied (or assumes responsibility for having NXIS\ done so�ti� aadditional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the @BCL@D405FE1F 00520-5 C:\Users\GRANIC-1WppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@D405FE1F\@BCL@D405FE1F.doc P57 Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflic#�s`errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Cvrract Documents, and the written resolution thereof by ENGINEER is acceptable to CORACTOR% J. The Contract Documents are generally sufficient to indicate all terms and conditions for performance and furnishing of the ARTICLE 9 - CONTRACT DOCUMENTS 9.01 A. The Contract Documents consist of This Agreement (pages Notice to Proceed (page 00620-1); unders�a#ding of (pages 00622-1 to 00622-6 inclusive); to 00700-45, inclusive); (pages 00800-i to 00800-11, inclusive); in Division 1 (General Requirements) and Division 2 (Technical Drauirir g0nsisting of a cover sheet and sheets numbered CC=1 through HS -2, inclus OR'"' ith each sheet bearing the following general title: INDIAN RIVER COUNTY COURTHOUSE; 10. Addenda (number 1, inclusive); Dated May 15, 2017 11. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B — Fertilizer Ordinance Appendix C — Indian River County Traffic Engineering Division Special Conditions 12. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); @BCL@D405FE1 F 00520-6 C:\Users\GRANIC-1 \AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@D405FE1 F\@BCL@D405FE1 F.doc P58 13. Bid Bond (page 00430-1 inclusive), Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive), List of Subcontractors (page 00458-1 inclusive); 14. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 15. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 16. The following which may be delivered or issued on or after Agreement and are not attached hereto: Written Amendments; Work Change Directives; Change Order(s); 17. Contractor's Specifications). Certification of ARTICLE 10 - MISCELLANEOUS 10.01 Terms used in this Agreement wi 10.02 Assignment of its) Date of the of the s indicated in the General Conditions. party t eto"bf!a fights under or interests in the Contract will be arty hereto, without the written consent of the party sought to be I.y ut it tIlimitation, moneys that may become due and moneys esigned `without such consent (except to the extent that the ` maye'limited by law), and unless specifically stated to the consent to an assignment, no assignment will release or discharge duty or responsibility under the Contract Documents. OWNER and,073" � NTRACTOR each binds itself, its partners, successors, assigns, and it; {i�yI legal reorreRtatives to the other party hereto, its partners, successors, assigns, and legal represent "ivies in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. @BCL@D405FE1 F 00520-7 C:\Users\GRANIC-1\HppData\Local\Temp\BCL Technologles\easyPDF 7\@BCL@D405FE1F\@BCL@D405FE1F.doc P59 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: %ft (1) Keep and maintain public records required by the County ce. (2) Upon request from the County's Custodian of Public Recdfl8k prow e'the County with a copy of the requested records or allow the records to be insp ,1. 1 Por copied. within a reasonablprovided timet a last that does not exceed the } cost provide 4 apt er 3 or as otherwise (3) Ensure that public records that are exe:' . -tt,,or confidential and exempt from public records disclosure requirements are no d c1oseq exce tt as autho ed by law for the P )P duration of the contract term and followir�< om letio: sof the :,tragi#e contractor does not transfer the records to the County. � f,. //&pp (4) Upon completion of the contra ansf6W.-q% cost, to the County all public records in possession of the Contractor or keepf r�#ly, aint ublic records required by the County to perform the service. If the Contrac#Sr tt`dsfers %Ia public records to the County upon completion of the contrac9 a Contractt(i s "'WiLdestro ny duplicate public records that are 0�1. exempt or confidential'aln'. EAgp)Rt from pub3ib. records disclosure requirements. If the contractor keeps and mai thins, lic .ecords� upon completion of the contract, the ff y}, �/i�•,,. !%rte. Contractor shal1eet all apptible reu ements for retaining public records. All records 110 stored electronieallVWIT. .ust be provided to the County, upon request from the Custodian of Public Records, •I;n�a forst that compatible with the information technology systems of the County. / `21 B.i �HE CONTRACTOR HAS QUESTIONS REGARDING THE r� �V A : PLICA T .0.. CHAPTER 119, FLORIDA STATUTES, TO THE C IT ,f0{ DUTY TO PROVIDE PUBLIC RECORDS RELATING F/ � X44 TO H1S CO RACT, CONTACT THE CUSTODIAN OF PUBLIC ur RECORDS -�1 (772f<226-1424 PublicrecordsAircctov.com Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. @13CL@D405FE1 F 00520-8 C:\Users\GRANIC-1\HppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@D405FE1F\@BCL@D405FE1F.doc P60 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on 20_ (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY .N By: Joseph E. Flescher, Chairman Jason E. Brown, County Administratc APPROVED AS TO FORM AND SUFFICIENCY: Bv: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Attest: (SEAL) % , Designat/e Nameames Title: un ty E 1801!;E Vero Beath; F (772) 226-122 Facsimile: (77 W. Ennis, Rffi�, PMP a CONTRACTOR: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * @13CL@D405FE1 F 00520-9 C:\UsersNGRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@D405FE1F\@BCL@D405FE1F.doc P61 gD INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Partial Release of Retainage — Borrelli & Partners, Inc. Intergenerational Recreation Facility at South County Regional Park IRC Project No. 1135 RFQ No. 2012024 DATE: May 31, 2017 DESCRIPTION AND CONDITIONS On March 20, 2012, the Board of County Commissioners approved an agreement with Borrelli & Partners, Inc., to provide architectural and engineering services for the Intergenerational Recreation Facility at South County Regional Park in the amount of $613,232.03. Subsequently, three (3) amendments to the original agreement were approved increasing the total amount of the agreement to $864,625.03. On July 10, 2014 Borrelli & Partners, Inc., was paid $22,540.13 for the release of 5% retainage once design services had reached 50%. Indian River County is holding $42,246.08 in retainage and Borrelli & Partners, Inc. is now requesting partial release of the retainage in the amount of $19,510.00. The remaining balance of retainage being held will be $22,736.08. FUNDING Funding is budgeted and available from the following accounts: Impact Fees Retainage Account No. 103-206000-03028 South County Intergenerational Rec Facility ($17,426.84) Optional Sales Tax Retainage/Parks & Recreation Account No. 315-206000-03028 South County Intergenerational Rec Facility ($2,083.16) Staff recommends approval of Borrelli & Partners, Inc. Invoice No. RETAINAGE No. 2, dated May 31, 2017 in the amount of $19,510.00 for partial release of retainage for design services for the Intergenerational Recreation Facility at South County Regional Park. ATTACHMENTS Borrelli & Partners, Inc. Invoice No. RETAINAGE No. 2 DISTRIBUTION Borrelli & Partners, Inc. APPROVED AGENDA ITEM FOR JUNE 13, 2017 F:\Public Works\ENGINEERING DIVISION PROJECTS11135-S County Park Inter, items\BCC Agenda for Borrelli Design Partial Release of Retainage 6-13-2017.doc P62 M BORRELLI + PARTN'ERS AN eNItEG1V1.L -ANNING LAubscAFL swra.ions May 31, 2017 Mr. Richard B. Szpyrka County Engineer - Engineering Division 'Indian River County 180127th Street (Building A) Vero Beach, FL 32960 INDIAN RIVER COUNTY SOUTH COUNTY REGIONAL PARK INTERGENERATIONAL RECTRATION FACILITY. Consultant/Subconsultant Borrelli + Partners Masteller - Civil Masteller - Survey TLC - Structural Retainage Held Amount Paid $ 38,614.08 - $ 13,803.08 $ $ 9,257.00 $ 3,205.00 $ $ 2,104.00 $ 1,052.00 $ $ 14,811.13 $ 4,480.05 $ $ 64,786.21 $ 22,540.13 $ RETAINAGE #2 Retainage Amount Due Balance This Invoice 24,811.00 $ 12,406.00 6,052.00 $ 6,052.00 1,052.00 $ 1,052.00 10,331.08. $ - 42,246.08 $ 19,510.00 tel. 407.418.1338 :: fox 407.418.1342 720'Vassat Street, Ori ado, Florida 32804 iveb borretliarchitects.com AAc 60711 i' f P63 w INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director FROM: James D. Gray, Jr. Coastal Engineer SUBJECT: Work Order No. 3 Morgan & Eklund, Inc. 2017 Beach Profile Monitoring Surveys (SUMMER) DATE: May 31, 2017 DESCRIPTION AND CONDITIONS On October 4, 2016, the Board approved a contract with Morgan and Eklund, Inc. (M&E) for Professional Land Surveying and Mapping Services for a two-year term. The Board amended the Contract on October 18, 2016. M&E is the selected County Consultant for professional onshore/offshore hydrographic surveying services. The County's Beach Preservation Plan recommends semiannual'beach profile surveys in order to monitor the seasonal, summer and winter, fluctuations of the beach. The proposed Work Order No. 3 provides summer -time countywide hydrographic surveying (beach profile) services for the Sector 3 and Sector 7 Beach Restoration Projects and additional surveying to complete a 2017 countywide (22.4 miles) monitoring program. All onshore and offshore beach profile surveys are conducted along The Florida Department of Environmental Protection (FDEP) Range Monuments at approximately 1,000 foot intervals (alongshore) and extend from the vegetated dune seaward to a location approximately -40 feet offshore (crosshore). For project tracking purposes, Work Order No. 3 is divided into three (3) separate tasks. Task 1: Summer 2017 Sector 3 Beach and Dune Restoration Proiect Post Construction Monitoring Survey (R -20-R-60) By Permit, annual Post Construction hydrographic surveying is required to assess the performance of the Sector 3 Beach and Dune Project area. Task 1 includes all surveying (7.5 miles) required to complete the 2017 physical monitoring of the Sector 3 Beach and Dune Project area. Task 1 totals a lump sum amount of $22,550. Task 2: Summer 2017 Sector 7 Post Construction Monitoring (R -97-R-108) In the spring of 2007, the County completed construction of the Sector 7 Beach Restoration Project. The County has completed all Permit required post construction monitoring for the Sector 7 Project. However, hydrographic surveys of the project area have continued semiannually to determine the long term performance of the project. Task 2 includes all surveying (2 miles) required to continue the annual monitoring of the Sector 7 Beach Nourishment Project. Task 2 totals a lump sum amount of $6,600. C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@9405A3AF\@BCL@9405A3AF. docx P64 Page 2 BCC Agenda Item June 13, 2017 Task 3: Summer 2017 Countywide Beach Monitoring (R-61— R-96 and R -109-R-119) For the shoreline outside of the Sector 3 and Sector 7 beach projects, countywide beach profile surveys are necessary to identify areas of chronic beach erosion and determine if infrastructure may be vulnerable to storm damage. The beach profile surveys will then be used to determine appropriate projects to mitigate erosion as identified in the County Beach Preservation Plan, including the upcoming Sector 5 Beach Restoration Project. Task 3 includes the remaining countywide (9 miles) beach profile surveys. Task 3 totals a lump sum amount of $25,850. Please note: The Sebastian Inlet District (District), as part of their Inlet Management Plan, conducts semiannual beach profile surveys along the northern 5.6 miles of the County. The District continues to partner with the County and has agreed to provide their certified 2017 beach profile survey data (winter and summer) to the County, resulting in a complete 22.4 mile countywide (semiannual) beach profile survey and a combined annual savings of approximately $33,000 to the County. The Scope of Work for the services under Work Order No. 3 was submitted to the County on April 28, 2017. The aggregate of Tasks 1-3 under Work Order No. 3 totals a lump sum amount of $55,000. FUNDING Local funding of Beach Restoration includes a portion of Local Option Tourist Tax Revenue as well as allocation of the One Cent Sales Tax. Funding for Work Order No. 3 will be provided from three (3) separate accounts. Task 1: Summer 2017 Sector 3 Beach and Dune Restoration Proiect Post Construction Monitoring Survey (R -20-R-60) Funding for Task 1 is budgeted and available for monitoring of the Sector 3 Beach Restoration Project in the Beach Restoration Fund, Sector 3 Beach Post Construction Monitoring Account No. 12814472-033490-05054. Task 1 totals a lump sum amount of $22,500. Task 2: Summer 2017 Sector 7 Post Construction Monitoring (R -97-R-108) Funding for Task 2 is budgeted and available for monitoring of the Sector 7 Beach Restoration Project in the Beach Restoration Fund, Sector 7 Beach Preservation Monitoring Account No. 12814472-033490-05079. Task 2 totals a lump sum amount of $6,600. Task 3: Summer 2017 Countywide Beach Monitoring (R-61— R-96 and R -109-R-119) Funding for Task 3 is budgeted and available for countywide beach surveys in the Beach Restoration Fund, Other Professional Services Account No. 12814472-033190-01024. Task 3 totals a lump sum amount of $25,850. C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@9405A3AF\@BCL@9405A3AF.docx P65 Page 2 BCC Agenda Item June 13, 2017 RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 3 to the Professional Land Surveying and Mapping Services contract with Morgan and Eklund, Inc. and authorize the Chairman to sign on behalf of the County. ATTACHMENT Morgan and Eklund, Inc. Work Order No. 3 APPROVED AGENDA ITEM FOR: JUNE 13, 2017 C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@9405A3AF\@BCL@9405A3AF.docx P66 0 Board of County Commissioners Administration - Building A 1801 27th Street Yero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: -772-778-9391 Project: 2017 SUMMER Countywide Beach Profile Monitoring Surveys WORK ORDER NO. 3 (Hydrographic Surveying) FOR PROFESSIONAL SERVICES AGREEMENT ANNUAL SURVEYING and MAPPING/GIS SERVICES WITH MORGAN AND EKLUND, INC In accordance with .Contract No. 1605 2016-2018 This Work Order No. 3 is in accordance with the existing AGREEMENT dated October 4, 2016 and as amended October 18, 2016, between Morgan and Eklund, Inc., (SURVEYOR) and Indian River County (COUNTY); This Work Order No. 3 amends the agreement as follows: SECTION I — PROJECT LIMITS This Work Order No. 3 is for the SURVEYOR to perform all related field and office Surveying - and Mapping services -in connection with the 2017 Countywide Beach Profile Monitoring Surveys (SUMMER); Florida Department .of Environmental Protection Reference Monuments R-20 — R=119. SECTION II - SCOPE OF SERVICES As agreed upon between SURVEYOR and COUNTY, the SURVEYOR shall provide Professional Land Surveying services to complete all tasks as outlined in this Work Order No. 3; specifically detailed in the attached proposal; dated April 28, 2017, Exhibit A. SECTION III — TIME FOR COMPLETION & DELIVERABLES/WORK PRODUCT 1. Project shall be completed as follows: a. 100% "Paper" review submittal (final review prior to request for final deliverables) shall be made within 90 calendar days of receipt of Notice to Proceed for review by County Staff prior to preparing the final submittal package. b. Time of FINAL project completion shall be within 10 calendar days of receipt of the County's review comments from the 100% "Paper Submittal". C:\documents and Settings\sharon\local Settings\Temporary Internet Files\Content.Outlook\7DRW77W3\2017 Countywide Beach Profile Monitoring Surveys (SUMMER)-- Morgan and Eklund Wo No 3 signature page.docx P67 IRC Work Order No. 3 Morgan and Eklund, Inc 2017 Countywide Beach Profile Monitoring Surveys (WINTER) June 13, 2017 Page 2 of 3 2. Deliverables -The SURVEYOR .shall provide the COUNTY: ,a. 100% Phase Submittal for COUNTY review and comment. All submittals shall include one (1) paper "hardcopy" along with AutoCad Files and an ASCII file for all survey points. COUNTY shall strive to provide review comments. within 10 calendar days of the preliminary submittal. b. FINAL Deliverables, one (1) paper "hardcopy" signed and sealed sets. Sheeted and model space (as applicable) AutoCad drawing file it! release 2009 through Civil 3D 2013, PDF formats and an ASCII file for all survey points, all electronic files to be on CD. c. Survey set/sheets shall include a cover sheet with location sketch, survey certifications, related title and project number, survey notes, legend and abbreviations and plan view sheets. d. Work Product and digital versions are to be prepared and submitted so that the COUNTY or other consultants can readily use it for the design and analysis of the area, as defined. It shall contain all information necessary for third -party surveyor to independently recreate and/or utilize the survey work. It is acknowledged all final products become property of Indian River COUNTY and will be available for use by the public at large. e. The SURVEYOR'S work product shall meet or exceed the minimum standards as defined .by Sections II, III and IV or the COUNTY will not approve the SURVEYOR'S request for payment. SECTION IV —COMPENSATION The COUNTY agrees to pay, and the SURVEYOR agrees to accept, for" the above described services rendered as identified in Sections 1, 11, and III of this Work Order No. 3, for a total lump sum fee of $55,000. All and/or any additional services not described hereon shall be pre -approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the SURVEYOR,for ,the contract year(s) of October 1, 2016 through September 30, 2018. All invoicing shall include Work Order No. 3 (WO 3), Contract Number (1605).Payments shall be in accordance with the original Professional Surveying and Mapping Services Agreement, Contract No: 1605 with the COUNTY and as stated in Section Il, III and 1V hereon. C`.\Documents and Settings\sharon\Local Settings\Temporary Internet Files\Content.0utlook\7DRW77W1\2017 Countywide Beach Profile Monitoring Surveys (SUMMER) -- Morgan and Eklund WO No 3 signature page.doex P68 IRC Work Order No. 3 Morgan and Eklund, Inc 2017 Countywide Beach Profile Monitoring Surreys (WINTER_) June 13, 2017 Page 3 of 3 The AGREEMENT is hereby amended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this day of , 2017. OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA (Signature) Joseph E. Flescher, Chairman Approved by BGC Morgan and Eklund, Inc. John R. Morgan, II, PLS President (Printed name and title) ATTEST: Jeffrey R. Smith, Clerk of Court and Witnessed by: -Comptroller :L) (Seal) Deputy Clerk (Signa ure Approved: Jason E, Brown, COUNTY Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy COUNTY Attorney C:\Documents. and Settings\sharoh\Local Settings\Temporary Internet Files\Content.Outlook\7DRW77W1\2017 Countywide Beach Profile Monitoring Surveys (SUMMER) -- Morgan and Eklund WO No 3 signature page.docx P69 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: James W. Ennis, P.E., PMP, County Engine SUBJECT: Change Order No. 1, Final Payment and Release of Retainage Old Dixie Highway Resurfacing (7111 Street to County Road 510) DATE: June 5th, 2017 DESCRIPTION AND CONDITIONS On December 15th, 2015, the Board of County Commissioners awarded Bid Number 2016001 to Timothy Rose Contracting, Inc. in the amount of $2,467,160.62. The refurbishing (full depth reclamation) of the roadway base from 711t Street to County Road 510, with the addition of 4 -foot wide paved shoulders, including new asphalt surface and structural courses, pavement markings and drainage improvements. Change Order No. 1 is to make final adjustments to contract bid items for a decrease to the total contract price by $327,418.92 for a final cost of $2,139,741.70 and make final contract time adjustments. Timothy Rose Contracting, Inc.. has completed the project and has been paid $2,031,572.34 with $106,924.86 held in retainage. Timothy Rose Contracting, Inc. has submitted Application for Payment No. 10 -Revised 2 for final project payment and release of retainage in the amount of $108,169.36. FUNDING Funding is budgeted and available as follows: Secondary Roads (FDOT SCOP Grant) Account No. 10921441-053360-14010 Old Dixie Highway Resurfacing $8,684.50 Secondary Roads (FDOT SCOP Grant) Account No. 109-206000-14010 Old Dixie Highway Resurfacing Retainage $98,278.63 Utilities R & R Account No. 47123536-044699-15520 Old Dixie Highway Relocation ($7,440.00) Utilities Retainage Account No. 471-206000-15520 Old Dixie Highway Relocation $8,646.23 F.\Public Works\ENGINEERING DIVISION PROJECTS\I 138 -Old Dixie Hwy Resurfacing -71st St to CR 510\Admin\agenda items\Final Change Order\I138_BCC Agenda Retainage Release.doc P70 Page Two BCC Meeting June 13, 2017 Change Order No. 1, Final Payment and Release of Retainage RECOMMENDATION Staff recommends approval of Change Order No. 1, and payment of Application for Payment No. 10 -Revised 2 to Timothy Rose Contracting, Inc. in the amount of $108,169.36. ATTACHMENTS Timothy Rose Contracting, Inc. Application for Payment No. 10—Revised 2 Change Order No. 1 DISTRIBUTION Timothy Rose Contracting, Inc. William Scott, Superintendent, Road and Bridge Division AGENDA ITEM FOR June 13, 2016 F.-Tublic Workn\ENGINEERING DIVISION PROIECTSV 138 -Old Dude Hwy Resurfacing -71st St to CR 510Wdmi1\agenda itemsTinal Change Order\1138_BCC Agenda Retainage Release.doc P71 SECTION 00622 - Contractor's Application for Partial Payment REVISED 2 Application for Payment No, 10 For Work Accomplished through the period of 04/01/17 through 04/30/17 To: Indian River County (OWNER) From: Timothy Rose Contracting, Incorporated Contract: 1138 Project: Old Dixie Resurfacing from 71St St to CR510 Project OWNER's Bid No. 2016001 ENGINEER I.R.C. Public Works. (1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $2,467,160.62 2. Net change by Change Orders and Written Amendments (+ or 3. Current Contract Price (1 plus 2): $2,467,160.62 4. Total completed and stored to date: $2,139,741.70 5. Retainage (per Agreement): 0 % of completed Work/Materials: $00 0% of retainage: $0 Total Retainage: 6. Total completed and stored to date less retainage (4 minus 5): $2.139,741.70 7. Less previous Application for Payments: $2,031,572.34 8. DUE THIS APPLICATION (6 MINUS 7): $108,169.36 CONTRACTOR'S CERTIFICATION: 1 hereby certify that the labor and materials listed on this request for payment have been used in the construction of this work and payment received from the last request for payment has been used to make payments to all subcontractors, laborers, material men and suppliers, except as noted below. Dated 05/09/17 Timothy Rose Contracting, Incorporated (CONTRACTOR) By `� State of Florida County of Indian River Subscribed and sworn to before me this 25 Day of Aari1,2017 Notary Public DE?30RAH WEST My COMMISSION it FF904578 '� ExPliira:Octoba 03, 2019 osFl My Commissionexpi : 10/03/19`'''°^��°"`�"°}AD 00622-1 CAUsers\Debbie\Documents101d Dixie Resurfacing from 71st St to CR 5101Cover PA#10 - revised.doc P72 .payrn�e�r�t SECTION 00622 - Contractor's Application for Partial Payment MAY 10 2017 Application for Payment No. 10 For Work Accomplished through the period of 04/01/17 through 04/30/17 F To: Indian River County (OWNER) From: Timothy Rose Contracting, Incorporated Contract: 1138 Project: Old Dixie Resurfacing from 7161 St to CR510 Protect OWNER's Bid No. 2016001 ENGINEER I.R.C. Public Works. (1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $2,467,160.62 2. Net change by Change Orders and Written Amendments (+ or 3. Current Contract Price (1 plus 2): $2,467,160.62 4. Total completed and stored to date: $2,134,988.10 5. Retainage (per Agreement): 0 % of completed Work/Materials: LO 0% of "retainage: N0 Total Retainage: $0 6. Total completed and stored to date less retainage (4 minus 5): $2,134,988.10 7. Less previous Application for Payments: $2,031,572.34 8. DUE THIS APPLICATION (6 MINUS 7): 103 415.76 CONTRACTOR'S CERTIFICATION: I hereby certify that the labor and materials fisted on this request for payment have been ,used in the construction of this work and payment received from the last request for payment has been used to make payments to all subcontractors, laborers, material men and suppliers, except as noted below. Dated 05/09/17 State of Florida County of Indian River Subscribed and sworn to before me this 2255 Day of ADrfl 2, 017 Notary Public My Commissiones: 10/03/19 Timothy Rose Contracting, Incorporated (CONTRACTOR) /6 n•� i�E3QRA�EF ' MY COMMISSI5 MH ES: Oc019 t1nfUNfVVVVVVqV%P SII a 3.5 3 LV — b L4, q- Uo Ll &I — I'S a 00622-1 C:1Users\Debb1e%Documents%O1d Dixie Resurfacing from 71st St to OR 51 Mover PA#10.doc P73 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: i The Surety, Westfteld Insurance Company • i ,a corporation, in accordance with Public Construction Bond Number 4267231 'hereby consents to -payment by the OWNER to the CONTRACTOR, for the amounts specified in ' this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE'SURETY: Attest: Westfield Insurance Company ecretary Corporate Surety One Park Plaza, P. O. Box 5001 Westfield Genter OH 44251-5001 Business Address BY: Print Name:. Cabot W Lord ' Title' Attomey4n-Fad % (Affix Corporate SEAL) $TATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Cabot W. Lord to me well known or who produced as identification, who being by me first duly sworn upon oath, says that he/she is the Attorney -in -Fad for westfleld Insurance Co and that he/she has been authorized by, Westfield Insurance colt to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Subscribed and sworn to before me this 25th day of may , 20AZ_. j • J� �/ r it 'too; HotsryPWICstate ort�or�da Notary Public, Slate of JamesI-:4i n+rrFFf 7ff My Commission Expires:o.IM!aet1/21"18 ANttkt+k>Ftlrk9rt+Y*ieir�kltfkfhhY*kA*+k*9nkie*kkinYintrtAkftMlnk+Y*#AYnV9tA sP•k�CatA•icirkkiki<k#•kktferrNk�k�Vek*+Y�1HFie*#�i:*+Y#M•ikR�itYr*irk [The remainder of this page was left blank Intentionally) 00622 - Contractor's Application for Payment - 03-10 rev i' ii it �I P74 General POWER NO. 0990102 00 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED copy Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by niaso Presents That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to Individually as a "Company" and collectively as "Companies," duly porganIzed and existing under thelawsof the State of Ohio, and having Its principal office In Westfield Center, Medina County, Ohio, do by these CVAes BOT WmLORD, JOSEPH appointute and EPH E. COONS, JOINTLY OR SEVERALLY of PALM CITY and State of FL Its true and lawful Altomay(s)-in-Fact, with full power and authority hereby conferred in Its name, place and steed, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship. ................... . ..... I ........................... .. . . . LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE CUARAATEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the some extent as if such bonds were signed by the President. sealed with the corporate seat of the applicable Company and du attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the ppremises. Said appointment is mea under and by authority of the follow resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)•in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -lb -Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of Indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder. and any such ins tenants so executed by any such '4 0, y(n•Fact shall be as Wnd(ng upon the Company es if signed by the President and sealed and aUestod by the Corporate Secrolery." "Be t E er Resolved, that the srgnalure of airy such desfgnetodporson and the seal of lha Company herototore or hereafter affixed to arty power of orrtificaterati thereto byfaceal shatafld and fing upone ompany wahldonFryy S, 2000}. M Wltrress Whereof, WESTFIELD INSURANCE COMPANY. WESTFIEI D NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to bo hereto affixed this 21st day of MARCH A.D., 2014 . CorporatesYR �••'Ir1""a.,�� ,Nul»aa� Seals `�tp� t•' ""tON�rtisp "" INS» WESTFIELD INSURANCE COMPANY p,+ a• ' •.,,e, �», WESTFIELD NATIONAL INSURANCE COMPANY Affixed re► Y. =i'qf•' p': ,C+E'•�.` fy} OHI FARMERS INSURANCE COMPANY = u,( SES' L Vim! toy } p 75S4 . Y `,'Pit+., ,r.o� ` �b:� 1!348 ,•if ..,,,..�' t�'••• �«..•'. • F +�xJ lam! 3 `�� •4n,k,uq•••'', �r�"pri,p.r,P•" By: Stale Of Dh10 Dennis P. Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 21st day of MARCH A.D., 2014 , before me personally came Dennis P. Baus to me known, who, being by me duly sworn, did depose and sayy, that he resides In Wooster, Ohlo; that he Fs Nallottal Stxaty Leader and Senior Execut(ve of WESTFIELD INSURANCE COMPANY. WESTFIELD NATIONAL INSURANCE COMPANY and OHtO FARMERS NSURANCE COMPANY, the companies described in and which executed Ute above instrument Thal he knows the seals of said Companies: that the seals affixed to, said instrument are such corporate seat% that they ware so affixed by order of the Boards or Directors of said Companies: and That he signed his name thereto by like order. Notarial .w„w111.M1 Seal Ott A L Affixed David A. Kotnik, Attorney at Lew, Nolany Public State of Ohio 41 o My Commission Does Not Expire (SOC: 14743 Ohio Revised Code) County of Medina ss.: +meq !� 1, Frank A. Corrine, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy or a Power of Attorney, executed by said Companies. which Is still in full tarco and effect; and furthermore, the resolutions of the Boards of Dlrectors, set out in the Power of Attorney are In full force and effect. In W/tness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 25th day of May YAAp 2017 ``'StoN,}4""% cit w,.,• ..;,Np z : SEAL i _I AAtt Q ' "'ft 1648 Soer.fary o „r Frank A, Camino, Secretary BPOAC2 (combined) (06-02) P75 CONDITIONAL WAIVER AND RELEASE OF LIEN f FINAL PAYMENT s RIETAL9 Cgstomer No: 5080995 Thj undersigned lienor, in consideration of the final payment in the amount of $522.72, hereby wives and releases its lien and right to claim a lien for labor, services or materials furnished to TIMOTHY ROSE CONTRACTING INC on the job of OLD DIXIE HWY RESURFACING FROM 71ST TO COUNTY ROAD 510 owned by INDIAN RIVER COUNTY, to the following described property: OLID DIXIE HWY RESURFACING FROM 71ST TO COUNTY ROAD 510 OLD DIXIE HWY, VERO BEjACH FL PUBLIC; PROJ # 1138; Account No. 5080995 This release is conditioned upon receipt and clearance of funds in the amount of $522.72. If funds arc�- not received by lienor within 30 days of the date of this document, this Waiver and Release is null and void. DATED 06/01/2017 SUNBELT RENTALS INC 2015 Directors Row Orlando, FL 9 407 -816 - By: Lisa Simone- amy , Credit Operations Manager SOBSCRIBED, S N TO AND ACKNOWLEDGED BEFORE ME this , day of June 2017 byll-isa Simone- elle ent for Sunbelt Rentals Inc.. who is personally known to me or who has produced as identification, and who did take th. 0 LISA MARIE LopEZ 1' �' MY COMMISSION #FF067052 NOT R C, Ora County, L 'Y ?t Vf EXPIRES January 29,201 a i4" 398Atca F10r1d0N010 M� m fission Expire . n&rv�m„, Ddcu nt prepared by velyn Pugh P76 161064 WAVER AND FINAL RELEASE OF LIEN The undersigned lienor, in consideration of the final payment in the amount of1$ 0.00 hereby waives and releases its lien right to claim alien for labor services, or materials furnished to COMMUNITY ASPHALT -- VERO BEACH for the job of TIMOTHY ROSE CONTRACTING INC. to the following described property: OLD DIXIE HIGHWAY RESURFACING FROM 71ST STREET TO COUNTY ROAD 510 VERO BEACH, FLORIDA Dated on: 6/01/17 Siboney Contracting Co. & Siboney Aggregates, Inc. 1450 Centrepark Blvd., Suite 100 West Palm Beach, FL 33401 By: 6a&a' G. Ortega — A/R -Coll. State of Florida County of Palm Beach Acknowledged before me this June 1, 2017 by G_ _ Ortega and on behalf of Siboney Contracting Co. & Siboney Aggregates, Inc., and who is personally known to me. -�-� Notary Seal/Commission Expires Notary Public • WSAMM Wro) A0S30#FF237W0 EXpjnES:septemtrer30,2019 eood nwNoanpubrauld-d"" Note. This Is a statutory form prescribed by Section 713.20, Florida Statutes (1996). Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. P77 CORPORATE HEADQUARTERS 921 SHOTGUN ROAD SUNRISE, FL. 33326 964423-2627 CREDIT DEM: FAX 954-736-1562 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT ON RECEIPT BY THE UNDERSIGNED CHECK FROM TIMOTHY ROSE CONTRACTING, INC. IN THE SUM OF$10.00 PAYABLE TO BOBS BARRICADES INC. AND WHEN THE CHECK HAS BEEN PROPERLY ENDORSED AND HAS BEEN PAID BY THE BANK ON WHICH IT HAS BEEN DRAWN, THE DOCUMENT BECOMES EFFECTIVE TO RELEASE A MECHANIC'S LIEN, AND STATE OR FEDERAL STATUTORY BOND RIGHT, ANY PRIVATE BOND RIGHT, ANY CLAIM FOR PAYMENT AND ANY RIGHT UNDER ANY SIMILAR ORDINANCE, RULE OR STATURE RELATED TO CLAIM OR PAYMENT RIGHTS FOR PERSONS IN THE UNDERSIGNED'S POSITION THAT THE UNDERSIGNED HAS ON THE JOB OF OLD DIXIE HWY 71S'r STREET TO CR510 THIS WAIVER AND RELEASE COVERS ANY RETENTION OR LABOR, SERVICES, OR MATERIALS FURNISHED AFTER THE DATE SPECIFIED. DATED ON THIS 30TH DAY OF MAY 2017 LIENOR'S NAME AND ADDRESS: BOB'S BARRICADES, INC. 921 SHOTGUN ROAD, SUNRISE, FL. 33326 BY: SIGN D: DEA BERRA / COLLECTOR STATE OF FLORIDA COUNTY OF BROWARD SWORN TO AND SUBSCRIBED BEFORE ME BY DEYI BERRA, WHO IS PERSONALLY KNOWN TOME ON THIS 30" DAYOFMA 111 111111111111111111111111111111111111111111111111 :Public, J. IIINotary e o1 FinMy ComMf► 4, loseCamF 96"1OWde0 Nl tlplRy NOTARY SIGNATURE SEAL NOTE: THIS ISA STATUTORY FORM PRESCRIBED BY SECTION 713,20 FLORIDA STATUES 1996 (EFFECTIVE 0= 84)? 1, 1996). A PERSON MAY NOT REQUIRE LIENOR TO FURNISHA IVAII/ER OR RELEASE OF LIEN TNAT IS DIFFERENT FROM 7HEST4TU7ORYFORAI P78 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of THIRTY EIGHT THOUSAND THREE HUNDRED NINETY NINE AND 021100 ($38,399.02), hereby waives and releases Its lien and right to claim a lien for labor, services, or materials furnished to: TIM ROSE CONTRACTING on the job of INDIAN RIVER COUNTY to the following described property: Description of Property: INDIAN RIVER OLD DIXIE•HWY RESURFACING OLD DIXIE HWY VERO BEACH/CAC#7051 *71 ST TO CR 510 PORTION OF PUBLIC LAND IN INDIAN RIVER COUNTY FL Dated on May 30, 2017 Lienors Name COMMUNITY ASPHALT CORPORATION 9675 NW 117 AVE SUITE 108 MIAMI, FLO IDA 33178 By Printed Name Re -tri Exch The foregoing instrument was acknowledged before me this 30 day of May, 2017, by who Is personally known to me or who has produced as identification and who did take an oath. s My commission Expires: Note: This is a statutoryform prescibed by section 713.20, Florida statutes (1996) Effective October 11996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutoryform. re: 2215632 - 7051 LUMMORA ire 141 YCOAMNIONWOMD `;.• ` EXPIRES 8ePWi xr26, 2020 B�ded7lwNomryV869oUmfaavratero P79 RELEASE OF LIEN FINAL The undersigned in consideration of payment in the sum of $10.00 paid by Timothy Rose Contracting hereby releases and quit claims to the said T,riMpthy Rose Contracting, its successors and assigns, and Indian River County, the owner, all liens, lien rights, claims or demands of any kind whatsoever, which the undersigned now has or might have against the building on premises legally described as: Legal Description: Old Dixie Highway Resurfacing Phase II Vero Beach, FL on account of labor performed and/or materials furnished for the construction of any improvements thereon. That all labor and materials used by the undersigned in the erection of said improvements have been fully paid for. In witness whereof, I have hereunto set my hand seal this o day of M .2017. Witnes : Rangeline Tapp' ervices, Inc. Title: State of Florida County of Palm Beach I hereby acknowledge that the statements contained in the foregoing Release of Lien are true and correct. Sworn to and described before me this day of kk 2017. Wotaiy Public State of Florida P80 "SUPPLY, WATERWORKS FINAL WAIVER AND RELEASE OF LIEN 062-038819 The undersigned lienor, in consideration of the final payment in the amount of $10.00 hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to TIM ROSE CONTRACTING on the job of INDIAN RIVER COUNTY (owner), to the following described property: 71ST STRE13T TO COUNTY ROAD 510, "OLD DDUE HIGHWAY RESURFACING", BOND NUMBER 4267231, AND FURTHER D13SCR:IBED IN BOND RECORDED IN OR BOOK 2903 PAGE 1542 PUBLIC RECORDS INDIAN RIVER COUNTY, FLORIDA, DATED on MAY 25, 2017 Sworn to and subscribed before me this MAY 25, 2017 Signature of Notary Public Commissioned State of Florida Personally Known XX OR, Produced Identification Type of Identification Produced H D SUPPLY WATERWORKS LTD 1830 CRAIG PARK COURT SAINT LOUIS MO 63146 CREDIT MANAGER VERONICA A SCHINN (11DITIX MY COMMISSION #FF051385 EXPIRES December 20, 2017 40 39841b3 FlorldeNot senAee.wm Print, Type or Stamp Name ofNotary Public NIA N/A NOTE: This is a statutory form prescribed by section 713.20, Florida Statutes (1996) Effective October 1, 1996, a person may not require a lienor to furnish a waiver or release of lien that is different from the statutory form. FINAL WAIVER AND RELEASE OF LIEN The undersigned lienor, in consideration of the final payment in the amount of $10.00, hereby waives and releases its lien and right to claim a lien for labor, services or materials furnished to Timothy Rose Contracting on the job Old Dixie Highway & 84th Street to the following described property: Old Dixie Highway & 841 St. Vero Beach Indian River County, Florida Dated this 25`h day of May, 2017 Maschmeyer Concrete Company of Florida, Inc. 1142 Watertower Road Lake Park Florida 33403 & Collections Specialist State of Florida County Of Palm Beach The foregoing instrument was acknowledged before me this 25'h day of May, 2017 KELLY HERRERA, Credit & Collections Specialist for Maschmeyer Concrete Company of Florida, Inc., who is personally known to me, and who did not take an oath. �%�(88Qol 10 Y,4mun E NOY 3tr. M11 tk,Freaesf • Notnnr .. Notar Public My C mmission exttires: ov ber 29, 2017 '�ifjFOFrt1.`�� P82 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT The undersigned lienor, in consideration of the final payment in the amount of $10.00 hereby waives and releases its lien and rights to claim a lien for labor, services or materials furnished to (customer), Tim Rose Contracthig, Inc. to the following described property: Old Dixie Resurfacing 718t Street to CR 510 Dated On May 26th, 2017. AMERICAN CONCRETE INDUSTRIES, INC. 350 NORTH ROCK ROAD FORT PIERCE, FLORIDA 34945 Printed Name Robert L. Nnowe SWORN and subscribed before me this 26th day of May, 2017. by Robert L. Snowe who is personally known to me. My Commission Expires:RM Notaq ublic State of Froada NO AR PUBLIC STATE OF FLORIDA 2898 Margie A. Johnson P83 FINAL RELEASE OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the undersigned, for and in consideration of the payment of the sum of $0.00 , paid by Timothy Rose Contracting, Inc dated through Final Check No. N/A receipt of which is hereby acknowledged, hereby releases and quit claims to the said party, its successors and assigns, and Indian River County BOCC , the Owner, all liens, lien rights, claims or demands of any kind whatsoever, which the undersigned now has or might have against the building on premises legally described as: . Old Dixie Hwy (71st ST to CR 510) On account of labor performed and/or material furnished for the construction of any improvements thereon. That all labor and materials used by the undersigned in the erection of said improvements have been fully paid for, Nature of work: Road / Paving Construction Palmetto Prime of Tampa, Inc. 5423 N 59th St. Tampa, Fl 33610 By: Jeff Willis, Vice President State of Florida County of Hillsborough Sworn to and subscribed before me this 25th day of May . 2017 by Jeff Willis who is personally known to me: My Commission ex ires: 1t XEUYI4MY0FFMM7 MWY0o Notary Publi tate of Florid k' r. EXPIRES: bBt 30, 2017 �, 9ondedilroNo4vYFUWO lAW P84 WAIVER AND RELEASE OF LIEN UPON FINAL PAYMENT (Section 713.20(5) Florida Statutes) This instrument Prepand by; KENNETH WACIRVIAN MWI CORPORATION ATTN. JOE FWHCOCK 7775 9TH ST SW (OSLO ROAD) VERO BEACH FL 32968 The undersigned lienor, in consideration of the final payment in the amount of $0.00, hereby waives and releases its lien and right to claim a lien for labor, services or materials to TIMOTHY ROSE CONTRACTING (customer) on the job of INDIAN RIVER COUNTY (owner), to the following described property: 71ST STREET TO COUNTY ROAD 510, OLD DIXIE HIGHWAY RESURFACING, BOND NUMBER 4267231, AND FURTHER DESCRIBED IN BOND RECORDED IN OR BOOK 2903 PAGE 1542 PUBLIC RECORDS INDIAN RIVER COUNTY, FLORIDA. DATED on MAY 25, 2017 MWICORPORAnON ATTN: JOE HATHCOCK 7775 9TH ST SW (OSLO ROAD) VER yACH FL 32968 WACHMAN 0 NERAL M MANAGER Before me, personally appeared, KENNETH WACHMAN, the GENERAL MANAGER of MWI CORPORATION, who produced as identification or is personally known to me,and who did take an oath, and acknowledged to and before me that he/she executedthis'inshment for the purposes therein expressed on behalf of said entity, this 25 day of MAY, 2017 *tary Public; State of Florida My Commission Expires: SEAL 1950 JXd K Hwvm NOTARYPUBLIC STATE OF FLOMIDA Expires 91t41202tf P85 WAIVER AND RELEASE OF LIEN FOR FINAL PAYMENT 181482 The undersigned lienor, in consideration of the final payment in the amount of .00, the receipt of payment is acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services or materials, furnished to TIMOTHY ROSE CONTRACTING INC #181482, located on the following described property : SR 510 AND OLD DIXIE HIGHWAY, VERO.BEACH, FLOIRDA, 71ST STREET TO COUNTY ROAD 510, OLD DIXI'R 1-IIGHWAY RESURFAC`NG, BOND NUMBER 4267231, AND FURTHER.DESCRIBED IN BOND RECORDED IN OR BOOK 2903 PAGE 1542 PUBLIC RECORDS INDIAN RIVER COUNTY, FLORIDA. Dated on MAY 26, 2017 Lienoes Name: TITAN FLORIDA LLC STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me known to me or who produced N/A as identification. Gj&9j EA9EMA MY roWsSW Y FF Mill •. a EXPIRES- July P, 2018 �: •' =;T'^ Bonded'nuoM1bleryPaE�Urolersdkrs flea TARMAC AMERICA LLC 455 FAIRWAY DR SUITE 200 Deerfield Beach, FL 33441 ABy: -1! ' Title: Regional Credit Manager Printed Name: Laura Marino 17,1by La* -a Marino who is personally my Public: Commission expires: P86 MIR. - Old Dixie Highway from 71st Street to CR51O SCHEDULED VALUE I PREVIOUS APPLICATION THIS PERIOD TOTAL COMPLETED % MATERIALS BALANCE TO FINISH I .UN .-dfflg ,NWN1 MUn .hW un .." ,, � � QuOY, a .. + ' A07au. .M.. t J) Yl. M r;Z .7S'{IS.. .. .. � _ fl , �`�' _ t..o_ .MO, n B", 101-1 MOBILIZATION IS 1 $ 259,360.64 259,360.64 1.00 259,360.66 0100 L00 259,M. 0.00% 0.00 0.00 0.00 102-1 MAINTENANCE OF TRAFFIC LS 1 25 78.00 25,978. 1.00 25978.00 OAD L00 25,978.0 100.00% 0.00 0.00 0.00 •1132-99 CHANGEABLE VARIABLE MESSAGE SIGN PO 360 $ 18.00 6480.00 454.00 8172.00 CIAO 454.00 8,17200 126.11% 0.00 -94.00 -1691 °104.1 EROSIONANDWATER POLLUTION CONTROL IS 1 $ 26,000.00 26000.00 1011 26000.00 044 L00 26 0.00 100.00% 0.00 0.00 0.00 l04-l"6601A•,.....�: LER BBim 4 19-609 am . BAD BAB BAO BAB B,BB96 GAB O,OB .,n4 I8 K4kETMHTE6NO0J- BEkEi6 64 36 BAB BAB 489 0.89 9.0 BA8 BAD% BAB 36.0 0.00 IID -1-1 CLEARING AND GRUBBING AC 7 $ 414200 28,994.00 7.00 28,994.00 O.CO 7.00 28,994.00 100.00% 0.00 0.00 0.00 110-7-1 MAILBOY, RELOCATION EA 6 $ 100.00 600.00 6.00 600.00 0.00 6.00 600.00 100.00% 0.00 0.00 D.00 12D-1 EXCAVATION EMBANKMENT SY 10000 S 4.25 42,500.00 10000.00 42 OO.DD 0.00 10,000-00 42,500.00 100.00% 0.00 0.00 0.00 BORROW EXCAVATION (MILUNGS) (RECLAIMED ASPHALT 120.2A PAVEMENT BASE (RAP) -MIXED IN ROADWAY BAS CY 6,D00 $ 15.00 901000.00 5,958.00 89,370.00 0.00 5,958.00 89 70.00 9930% 0.00 . 630.00 160.4.1 TYPE -8"STABILIZATION 12' SUBGRADE LBR 40 SHOULDER SY 9000 4.60 41,400.00 8,100.00 37,260.00 0.00 8,100.00 37,260. 90.00% 0.00 900.00 4140.00 2857 OPTIONAL BASE COURSE FULL DEPTH RECLAMATION SY 38,842 $ 5.16 200,424.72 38A93.00 198623.88 0.00 38A93.00 198,623.88 99.10% 0.00 349.00 1ADO.84 286.1 TURNOUT CONSTRUCTION(ASPHALT) SY 500 $ 27.00 13,500.00 319.08 81615.15 0.00 319.08 8,615.16 63.82% 0.00 IBM92 4884.84 226-2 TURNOUT CONSTRUCTION(CONCRETE) SY 600 $ 36.00 21,600.00 50.00 1 0.00 0.00 50.00 1,800.00 833% 0.00 550.00 19 SOO.00 ASPHALT EMULSION TYPE CSS-1h-OUANTTTY BASED ON 275 300.1 GAL/SY GA 106,815 240 256,M6.00 58 649.00 140,757.60 0.00 58 649.00 140 75260 54.91% 0.00 48,16800 11S,598. 327-704 MILLING EXISTING ASPHALT PAVEMENT I-11rAVG. DEPTH SY 1,658 $ 290 4,808.20 :4658.00 4,80820 0.00 L658.00 4808.20 100.00% 0.00 0.00 0.00 SUPERPAVE ASPHALT CONCRETE, TRAFFIC C (S.P.125,1-1/2' 3341-13 THICK) SY 1 36,516 $ 691 ZW2.5.56 35961.013 24849051 0.00 3596L00 24849051 98.48% 0.00 555.00 3,835.05 SUPERPAVE ASPHALT CONCRETE TRAFFIC C (S.P. 93,1-1/2' 334-1-M THICK) SY 38,155 1 $ 7.85 299,51675 36659.79 287779.35 0.00 36659.79 297,779.351 96.08% 0.00 3.495al IL737A0 MISCELLANEOUS ASPHALT PAVEMENT (3° THICK UNDER 339.1 GUARDRAI TN 50 $ 225.00 11X0.00 13.00 2,925 0.00 13.00 2,925,001 26.00% 0.00 37,00 8325.00 CONCRETE CLASS 11(8714' BOX CULVERT) (PRECAST) 400.2.1 (INCLUDES REINFORCING LF 72 $ 690.00 49,680.0 72.00 49,660.00 0.00 7200 49 680.00 100.00% 0.00 0.00 0.00 CONCRETE, CLASS It (6'X3' BOX CULVERT) (PRECAST) 400.2-1A INCLUDES REINFORCING STEEL) LF 72 $ 669.00 48,16800 72.00 48,168.00 0.00 72.00 48,16800 1D0.00% 0.00 0.00 0.00 CULVERT) (F.D.O.T. INDEXB289) (INCLUDES REINFORCING 400-2-2 STEEL) EA 2 $ 37 17200 64,344. LOD 64,344.OD 0.00 200 64 .00 100.00% 0.00 0.00 0.00 CULVERT) (F.D.O.T. INDEX 11289) (INCLUDES REINFORCING 404-2A STEEL) EA 2 IS 3L606.D0 63,2=00 2.00 63,7M. 0.00 200 63,212.00 160.00% 0.00 0.00 0.00 4251-521 INLETS, DT BOT TYPE C.<10' EA 20 $ 1,522.00 30,440.00 20.00 30440.00 0.00 20.00 30,440.00 IDD.00% 0.00 0.00 0.00 475-1351 INLETS, OT BOT TYPE E, 410' EA 8 21100.00 16800.00 8.00 16800.00 0.00 8.00 16,800.00 1110.00% O.DO 0.00 0.00 430-174-112 PIPE CULVERT, ROUND, 12"SO CAP LF 222 $ 22.00 4,884.00 219.00 4818.00 OLD 219.00 4,818.00 9865% 0.00 3.00 66.00 430-174-115 PIPE CULVERT, ROUND, LS" SD CAP) LF 814 $ 26.00 21164.00 ffi4.W 21164.00 0.0 814.00 21,164.00 100.00% 0.00 0.00 0.00 430 -174 -MA PIPE CULVERT ROUND 15- SO (RCP) lF 222 4L57 9,228.54 224.00 9311.68 0.00 - 224.00 9 SL68 100.90% 0.00 -2.00 -83.14 00 _-_-_____._-_..__.__________.-- ____.___...-__. .._______ ------ 4 _ _ _ rMft4v r Old Dixie Highway from 71st Street to CR510 UTILITY IMPROVEMENTS SCHEDULED VALUE PREVIOUS APPUCATION THIS PERIOD TOTAL COMPLETED %MATERIALS 7,410.00 BALANCE TO FINISH Item No. .. , pm_.iP. b„ , . .. �.. 0.00 'nit'. ee ... oLet 68.42% o n' o �'lY" : rl 2,340.00 425.6-9 REPLACE DttSTiNG FIBERGLASS AIR RELEASE VALVE VAULTS WITH 5 FOOT DIAMETER CONCRETE VAULTS WITH 361X 6' H - TEC ERGO XL DUCTILE IRON TRAFFIC BEARING COVER AND RING WITH UFTASSIST. EA 2 43G -174-11B PIPE CULVERT, ROUND, 1W SO (CAP) LF 990 $ 30.20 29,898.00 988.00 29 7.W 0.00 988.00 29,837.60 99.80% 0.00 2.00 60.40 430-174-11BA PIPE CULVERT ROUND 113° SD RCP LF 110 $ 49.00 5,390.00 110.00 5,390.00 0.00 110.00 5,390.00 100.00% O.DO 0A0 0.00 430.174.124 PIPE CULVERT ROUND, 24- So CAP LF 1,574 3450 54,303.00 1,42100 49059.00 0.00 1 22.00 49059.00 9034% 0.00 152.00 5,244.00 430.174-224 PIPE CULVERTOTHER SHAPE-ELLIP/ARCH, 24'50 CAP LF 681 44.0 30,236AO 664.00 29 L60 0.00 660.00 2948L60 9750%, 0.00 17.00 750.80 43D -174-224A PIPE CULVERT, OTHER SHAPE-ELUP/ARCH, 24" SD (RCPj LF 338 59.94 20 92 333.00 19,926.72 0.00 333.00 19 926.72 9652%1 0.00 5.001 299.20 430984-121 MITERED END SECTION ROUND, 12'SD EA 3 $ 735.002,2M.00 3.00 2,205.00 1 0.00 3.00 2,205.00 100.00%; 0.00 0.00 0.00 430.984-123 MITERED END SECRON, ROUND is- So EA 9 $ 800.00 7,200.00 9.00 7 0.00 0.00 9.00 7,200.00 30000% 0.00 0.00 0.00 436964-125 MITERED END SECTION, ROUND 1B" SD EA 1 $ 868.00 868.00 1.00 868.00 0.00 1.00 86&00 100.00% 0.00 0.00 0.00 430.984-IZ MITERED END SECTION, ROUND, 24" SD EA 3 S 900.00 2,700.00 3.00 2,700.00 0.00 3.00 2,700.00 100.00% 0.01) 0.00 0.00 430-984-M MITERED ENDSECITON, EWP/ARCH 24' SD EA 1 900.00 900.00 1.00 900.00 ROD LOD 900.00 100.00% 0.00 0.001 0.00 520-1-10 CONCRETE CURB & GUTTER E LF 161 24.00 3,864.00 167.00 4 D08.00 0.00 167.00 4,008.00 103.73% 0.00 -6.00 -144.00 522-1 CONCRETE FOR SIDEWALK (6"THICK,V WIDE) SY 67 $ 38.00 2,546.00 78.33 2,97654 0.00 78.33 2,97654 116.91% 0.00 -1L33 -43054 527-2 DETECTABLE WARNING SF 38 $ 26.00 988.00 20.00 52MOO 0.00 20.00 520.00 52.63% 0.00 1&00 468.00 530.1 RIPRAP SAND -CEMENT CY 24 $ 382.00 9,168.00 0.00 0.00 24.00 9,16&00 74.00 916&00 100.00% OJXI 0.00 0.00 536-1.1 GUARDRAIL -ROADWAY LF 700 $ 19.39 13,S73.00 21LOO 409L29 0.00 21LOO 4091.29 30.14% 0.00 489.00 9AM71 536-6-1 GUARDRAIL END ANCHORAGE ASSEMBLY SKr 350 EA 4 3726.00 A904M 2.00 7452.00 0.00 2.00 7,451 50.00% 0.00 2.00 7452.00 570.1-2 PERFORMANCE TURF BAHIA SY 30,000 196 58,800.00 19,100.00 37,435.00 OAD 19,100.00 37436.00 63.67% 0.00 I 10,900.00 364.00 •700.130 SINGLE SIGN POST RELOCA AS 14 13&00 1,932.00 14.00 1,932.00 0.00 14.00 1,932.00 100.00% 0.00 0.00 0.00 700-/-6D SINGLE SIGNPOST (REM VE) AS 4 125.00 500.00 4.00 500.00 0.00 4.00 500.00 100.00% 0.00 0.00 0.00 '706-3 RETRO -REFLECTIVE PAVEMENT MARKERS (AMBER /AMBER) EA 414 $ 4.24 175536 375.00 1,590.00 0.00 375.00 2.590.00 9058% 0.00 39.00 16536 THERMOPLASTIC, STANDARD, WHITE, SCUD, 12", FOR 711-11-123 CROSSWALKS LF 146 $ 1.72 25L32 148.00 25456 0.00 149.00 25456 10137% 0.00 -100 -3.44 THERMOPLASTIC, STANDARD, WHITE, SCUD, 24', FOR STOP '711-11-125 UNE LF 133 $ 152 46&16 144.00 506.88 0.00 144.00 506.88 10817% 0.00 -ILD0 a8.72 THERMOPLASTIC, STANDARD, WHrrE, DOTTED/GUIDEUNE/6'- 711-11-ISI 10' GAP EXTENSION 6" LF 320 $ 038 121.60 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 320.00 12L60 '711-16.111 THERMOPLASTIC, STANDARD, WHITE, 50006" LF 31,871 0.86 27,409.06 19 19,00 1713034 0.00 19919.00 17130.34 6250% 0.00 W52.0 10,278.72 711-16-211 THERMOPLASTIC, STANDARD YELLOW, SOLID, 6" LF 5,280 0.86 4,540.80 8,134.00 6,995.24 0.00 &134.00 6995.24 154.05% 0.00 -2,954.0 -Z454.44 '711.16-231 THERMOPLASTIC, STANDARD, YELLOW, SKIP, (10'-3076" 1LF 4,063 $ 033 1 1,340.79 5,690.00 1077.70 0.00 5,690.00 1,877.70 160.04% 0.00 -1,627.00 33691 SUBTOTAL $2,185,102.62 $1.954,91OA9 $9,168.00 $1,963,9711.49 $0.00 $221,124.13 OD _771 OD UTILITY IMPROVEMENTS 425-6 VALVE BOXES, ADJUST EA 19 390.00 7,410.00 19.00 7,410.00 -6.00 0.00 13.00 5,070.00 68.42% 0.00 6.00 2,340.00 425.6-9 REPLACE DttSTiNG FIBERGLASS AIR RELEASE VALVE VAULTS WITH 5 FOOT DIAMETER CONCRETE VAULTS WITH 361X 6' H - TEC ERGO XL DUCTILE IRON TRAFFIC BEARING COVER AND RING WITH UFTASSIST. EA 2 $ 5 623.OD 11,24&00 0.00 0.00 0.00 0.00 0.00 0.0096 0.00 2.00 11 46.00 U-1 UTILITY DEFLECTION - 6" FORCE MAIN STATION 127+80 LS I S 1,050m 1,050.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 1.00 1,oso.00 OD _771 OD SUBTOTAL $20,706.00 $7,410.00 41840.00 $S570.O0 SDNlol $0.00 0.00 $15,136.00 . OLD DUDE HIGHWAY CONFLICT RESOLUTION OFFSETS- PROPOSED BOX CULVERT REPLACEMENT WITH EXISTING I6" REUSE MAIN AND 24" FORCE MAIN AT STATION 182400 SUBTOTAL _.......... . ..,..._.... SUBTOTAL 2,U71A90A9 SUBTOTAL 72800 SUBTOTAL 2,073 21849 SUBTOTAL 0.00 SUBTOTAL 293.942.13 U-4 INSTALL 16° PVC OR 14 REUSE MAIN OFFSET LF 100 60.00 6,000. ().Do 0.00 0.00 0.00 0.00 0.00% 0.DO 100.00 6,000.00 U-5 INSTALL 24" PVC DR 14 FORCE MAIN OFFSET IF 100 $ 96.40 9,640.00 O.OD 0.00 0.00 DAD 0.00 0.OD% 0.00 100.00 9,640.00 U-6 INSTALL 24" X 24' WET TAP ASSEMBLY WITH TAPPING GATE VALVEANOTAPMAIN EA 2 24 40.00 49,860.00 2.00 4900.00 0.00 2.00 49,880.00 100.00% 0.00 0.00 0.00 U-7 INSTALLAND REMOVE 24° UNE STOP, INCLUDES RESTRAINING EXISTING PIPE EA 2 $ 20440.00 40880.00 LOD 20440.00 0.00 1.00 20,440.00 50.00% 0.00 LOD 20440.00 U-8 REMOVALAND DISPOSAL OF 16° DUCTILE IRON PIPE LF 100 $ 10.00 000.00 0.00 0.00 0.00 0.00 0.00 0.00% 0.00 100.00 4000.00 UA REMOVAL AND DISPOSAL OF 24" DUCTILE IRON PIPE LF 100 10.00 1,000.00 100.00 1,000.00 0.00 100.00 1000,40 100.00% 0.00 0.00 0.00 U-10 INSTALL DUCTILE IRON FITTINGS TN 4 $ 5,600,00 22,400.00 450 25,200.00 -1.00 -5,600.00 3.50 19 600.00 87.50% 0.00 0.50 Z8OO.00 U-11 INSTALL 2' ARV ASSEMBLY WITH ARV, GV, CONCRETE VALVE AND COVER EA 2 $ 21,38LDD 22,762.00 0.00 0.00 0.D0 0.00 D.00 0." OAO 2.00 22,762.00 U-12 TEST HOLES POTHOLES EA 10 175.00 1,750.00 10.00 L7SO.00 0.00 10.00 1,750.00 100.00% O.OD 0.00 0.00 U-13 INSTALL 6" CONCRETE SIDEWALK 6 WIDE CENTERED OVER 16* AND 24' PIPE AT CULVERT SF 1 120 450 1 540.00 0.00 0.00 0.00 0.00 0.00 0.00%1 0.00 120.00 540.00 U-14 WELL POINT DEWATERING LS 1 1 1 $ 5500.00 1 5500.00 2.00 11,000.00 I 0.00 2.00 1L000.00 200.00% 0.00 -LA0 -5,500.00 SUB-TOTALOF UTILITY IMPROVEMENTS 161,352,40 109,270.00 3,600.00 103,670.00 0.00 57.682.00 ODCID SUBTOTAL SUBTOTAL 67,160.62 SUBTOTAL 2,U71A90A9 SUBTOTAL 72800 SUBTOTAL 2,073 21849 SUBTOTAL 0.00 SUBTOTAL 293.942.13 FORCE ACCOUNT WCO R2- Chanes 2 Type C inlets to type E IS 1 $1256.00 $100,000.00 $11156.00 67,006.71 $1,156.00 -mm 66,523.21 $1,156.00 33,476.79 ' WCD 03 -Add TWO E Inlet & 16 IF of 19 RCP WCD 04 -Add Remove Edsting MTtered End, Anchorage, Guardmfl, Sod LS IS 1 _ 1 $2,76512 $2,426.37 $2,765.12 $2,426.37 $2,765.12 $2,426.37 $2,765.12 $2,426.37 WCD 05-Revlse 24' Proposed Forcemain fro PVC to DIP IS 1 $56,244.82 $56,244.82 $56,244.82 $56,244.82 WCD 46 -install ERCP & 2TV" C Inlets LS 1 $4,414AO $4A34.40 $4A14AO -4,414.40 $0.00 WCD 87 - Base Rack at Driveways IS 1 $2,805.00 $2,805.00 2,WS.001 $2,805.00 WCD 88- 6Dft Sidewalk, 2Truncated Domes LS 1 $L125.90 $1125.90 1,12590 TOTAL SAL 2467,160.62 TOTAL 2138,497.20 TOTAL 1,244.501 TOTAL 2,139,741.70 TOTAL 0.00 TOTAL 293,94L33 AMOUNT COMPLETED TO DATE $2,139,741.70 $0.00 MATERIALS STORED TO DATE $7,139,741.70 SUB -TOTAL MATERIALS STORED AND COMPLETE TO DATE 00 RETAINAGE OF WORK COMPLETED AT S% $2,139,741.70 TOTAL COMPLETED AND STORED LESS RETAINAGE $2,031,572.34 LESS PREVIOUS PAYMENT $108,169.36 AMOUNT DUE CONTRACTOR ODCID SECTION 00942 - Change Order Form No. 01 DATE OF ISSUANCE: 6/5/2017 EFFECTIVE DATE:6/13/2017 OWNER: Indian River County CONTRACTOR Timothy Rose Contracting, Inc. Project: Old Dixie Highway Resurfacing from 71 s1 Street to County Road 510 OWNER's Project No. 1138 ENGINEER's Bid No. 2016001 FM No. 4295671-58-01 You are directed to make the following changes in the Contract Documents: Description: The project is complete. This change order is intended to make final adjustments to bid line items in -order to make final payment and release of retainage to Contractor. Reason for Change Order: Increase contract time based on Work Change Directives -- additional contract time added 1. Work Change Directive 4 -- 62 days 2. Substantial Completion Weather/Utility/Permit/Design Change Impact Days Granted — 213 days 3. Final Completion Submittal Impact Days Granted — 6 days Total Increase in Contract Time = 281 days Attachments: (List documents supporting change) 1. Description of Itemized Changes 2. Work Change Directives 1,2,,3,4,5,7,8 CHANGE IN .CONTRACT PRICE: Descri tion Amount Original Contract Price $2.467,160.62 Net (decrease) of this Change Order: $(327,418.92) Contract Price with all approved Change Orders: $2,139,741.70 ACCEPTED: II ( REC CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: 150 days 3/23/2016 Final Completion: 180 days 4/22/2016 Net increase this Change Order: (days) Substantial Completion: 275 Final Completion: 281 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 425 days 3/27/2017 461 days 5 2 20 7 Final Completion: By: J es W. Ennis, CONTRACTOR (Signature) ENGINEER (Signature) Date.67 6 ,S, t� Date: /� APPROVED: By: Richard B. Szpyrka, PE OWNER (Signature) 00942 - Change Order 01.doc 00942-1 Rftblic WorksIENGINEERING DIVISION PROJECTS\1138-Old Dbdo Hwy Resurfacing -71st Sl to CR 6101AdmInlagenda ItemslF.inal Change OrderW0942 -Change Order '01.doc Rev. 05101 P90 CHANGE ORDER NO. I - Final DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: Old Dixie Highway Resurfacing (71st Street to CR 610) I.R.C. PROJECT NO. 1138 BID NO. 2016001 FM NO. 429567-1-58.01 00310-1 F:Tublic WOMWNGINEERING OMSION PROJECTS11 138-01d Dixis Hwy Re surfachW711st St to CR 5101AdminXegends iternsAFInal Change Otdor%Change Order No. I FINAL ME 120-2A Borrow Excavation (Millinns) (Reclaimed Asphalt Pavement Base) CY 42 15.00 630.00 160-4-1 Type "B" Stabilization (12" Sub rade LBR 40 Shoulder SY 900 4.60 4,140.00 285-7 j0p4onal Base Course (Full Depth Reclamation) SY 349 1 5,16 1,800,84 286-1 Turnout Construction (Asphalt) SY INV 27.00 4,884.84 286-2 Turnout Construction (Concrete) SY 550 36.00 19,806.00 300-1 Asphalt Emulsion Type CSS -1 h -Quantity Based On 2.75 Gal./SY GA 48.166 2.40 115,698.40 334-1-13 Superpave Asphalt Concrete Traffic C (SP -12.5, 1-1/2" Thick SY 555 6.91 3.835.05 334-1-13A Superpave As halt Concrete Traffic C (SP -9.5, 1-112' Thick) SY 1,495.21 7.85 11,737.40 339-1 Miscellaneous Asphalt Pavement (3" Thick Under Guardrail) TN 37 225.00 8,325.00 430-174-112 Pipe Culvert, Round, 12" SD (CAP) LF 3 22.00 66.00 430-174-118 PiDe Culvert, Round, 18" SO (CAP) LF 2 30.20 60.40 430-174-124 Pipe Culvert, Round, 24" SD (CAP) LF 1 152 34.50 5,244.00 430-174-224 1 Pipe Culvert, Other Sha pe-Ellip/Arch , 24" SD (CAP) LF 17 44.40 754.80 430-174-224A Most Culvert, Other Shape-EllipL Arch, 24" SD (RCP) LF 5 59.84 299.20 527-2 Detachable Warnings SF 1 18 26.00 468.00 536-1-1 [Guardrail -Roadway LF 489 19.39 9,481,71 536-8-1 Guardrail End Anchorage Assembly (SKT 350) EA 2 3,726.00 7 452.00 570-1-2 Performance Turf (Bahia) SY 1 10.900 1.96 2136400 706-3 Retro -Reflective Pavement Markers (Amber/Amber ) EA 39 1 4.24 166.36 711-11-151 Thermo lastic Standard White Solid Dotted/Guideline/6'-10' Ga 6" LF 320 0.38 121.60 711-16-111 Themes plastic,Standard White ,Solid ,6" LF 11,952 0.86 10,278.72 425-6 Valve Boxes, Adjust EA 1 6 390.00 2,340,00 425-6A Replace Existing Fiberglass Air Release Vavle Vaults EA 2 5,623.00 11,246.00 U-1 Utility Deflection- 6' Force Main Station 127+80 LS 1 1,050.00 1 1,050.00 U-3 Ufilltv Deflection- 3" Force Main Station 187+50 LS1 500.00 500,00 Install 16" PVC DR 14 Reuse Main Offset LF E1001 60.00 6,000.00 U-5 Install 24" PVC DR 14 Force Main Offset LF 100 1 96.40 9,640.00 00310-1 F:Tublic WOMWNGINEERING OMSION PROJECTS11 138-01d Dixis Hwy Re surfachW711st St to CR 5101AdminXegends iternsAFInal Change Otdor%Change Order No. I FINAL ME PROJECT NAME: Old Dixie Highway Resurfacing (71st Street to CR 610) I.R.C. PROJECT NO. 1138 BID NO. 2016001 FM NO. 429667-1-58-01 FINAL 90 U-7 Install & Remove 24" Line Stop, Includes Restraining Existing Pipe EA 1 20,440.00 20440.00 U-8 Removal & Disposal Of 16" Ductile Iron Pipe LF 100 10.00 1,000-00 U-10 Install Ductile Iron Fittings TN 1 0.5 6,600.00 2,800.00 U-11 Install 2" ARV Assembly With ARM GV, Concrete Vave & Cover EA 2 11,381.00 22.762.00 U-13 Install 6" Concrete Sidewalk 6' Wide Over 16" & 24" Pipe At Culvert SIF 120 4.50 540.00 102-99 Changeable Variable Message Sign PD 94 18.00 1,692.00 430-174-115A Pipe Culvert, Round, 15" SID (RCP) LF 2 41.67 83.14 520-1-10 Concrete Curb & Gutter (Type F) LF 1 6 24.00 144.00 522-1 Concrete For Sidewalk 6" Thick 6' Wide SY 11.33 38.00 430.54 711-11-123 Thermo plastic,Standard ,White ,Solid ,12",For Crosswalks LF 2.00 1.72 3.44 711-11-125 Thermo DIaStIC,Standard ,White .Solid ,24", For Stop Line LF 1 11 3.52 38.72 711-16-211 Theffnaplastic, Standard, Yellow, Solid, 6" LF 2,854 0.86 2,454.44 711-16-231 Thermoplastc, Standard, Yellow, Skip, (I0-30) 6' LF 1,627 0.33 536.91 U-13 Well Point Dewatering LS 1 51600.00 1 61500-00 WCD 2 Change 2 Type C Inlets to Type E LS 1 1 11156.00 1,156.00 WCD 3 Add Type E Inlet & 16 LF Of 15" RCP LS 1 2 765.12 2,765.12 WCD 4 Add Remove Existing Mitered End, Anchorage, Guardrail, Sod LS 1 2,426.37 2,420.37 WCD 5 Revise ZV Proposed Forcernain From PVC To DIP ILS 1 56,244.82 56,244.82 WCD 7 Base Rock at Driveway LS 1 2,805.00 2,805.00 WCD 8 60ft. Sidewalk, 2 Truncated Domes LS 1 1.125.90 1,125.90 FA -1 FORCE ACCOUNT LSI 1 100,000.00 100000.00 SUBTOTALS 77,406.40 404,825.32 PROJECT NAME: Old Dixie Highway Resurfacing TOTAL 327,418.92 FINAL 90 SECTION 00948 - Work Change Directive No. 1 DATE OF ISSUANCE: 4-8-16 EFFECTIVE DATE: 4-8-16 OWNER: Indian River County - --CONTRACTOR: Timothy -Rose Contracting --Ino - - -- - - - — - — ----- -- - Project: Old Dixie Highway Resurfacing (From 71st Street TO CR 510) OWNER't-i✓ontract N& 11315" You are directed to the BRC manual (pages 4 - 6).proceed promptly with the following changes: Description: Revise the 24" Force Main as shown on the Utility plans to install the force main over the proposed box culvert In lieu of under the proposed box culvert. Purpose of Work Change Directive: The installation of the 24 Force Main over the proposed box culvert in lieu of under the proposed box culvert will eliminate extensive dewatering and will eliminate one air release valve and two air release valve boxes. Attachments: (List documents supporting change) Revised Plan sheet 1 of f, Indian River County Department of Utility Services, dated May 2015. If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Method of determining change In Contract Prices Contract Times Bid Unit Prices 0 Contractor's Records Lump Sum Engineer's Records Q Other: ❑ Other Q By :Work Change Directive Q By Change Order: No change in Contract price No change in Contract time Substantial Completlon:10 days, Ready for Final Completion: a 80 days. If the change Involves an Increase, the estimated If the change involves an Increase, the estimated amount Is not to be exceeded without further time is not to be exceeded without further authorization, authorization. ACCEPTED: RECOMMENDED: APPROVED: By: By: !'//L�/�/ x v.7 By: bate: 4(- I A -1 G 11 Date: 4.11 Z 16 Approved: By:. Utility De en ignature) Date: F:V'ublla WadtalENGINEERING DIVI6(ON PROJECT61113641d Dole H" Renda0nWT1e161 b OR 6100MMIWORK CHANGE DIRECTIVES0136 - Wak Cheipe DlreMIve Mac P93 I r - nsrr ---Mowmr-------_" I smmw WPM lo at mkoid PROFILE - SLOE VIEW PROFILE Z"� �osPrewi raeaars/cnarat �.'t . — awafwsT al�Iebr _ _ AOrit A! + rarfoo - Colt T rolia o0-11L4R I 'F.u.'7..: 'NJcr. _ __. ; F..?. C. ;h�fJ. % �',�?G� vn. ���, '�m„ne ''!' 2�' ?cN.'✓ %c �r� ' T✓ 24 46* OEM � C aawa[sPai/t .:� " . _ iwsc2Cciic'�.AIRMa@ lama � ��•_•• u � i^1i3� �+r�' �. i aiJ vp• �!! :I ri �1"", r( �— j ' �rras�+uraeuxwaxcsFsasocxe�aseiaroFac.�r Vl3tt0 sm PL0 Sam t' ) 567-SOM ob. -0 co—_ - .A. — Ae\v.�0'raaWJM �ncaaawr .rme+zrac lwmp aces Aac �aesa�ro - {tCaam Mnow m1m arar�xcros ar�iwe°aarA•s �c.�av e�ru�avaait ac PROFILE ►IAN RIVER COUNTY DEPARTMENT OF UT= SERVICES Y REUSE 16"/ FM 24" OFF—SETS SHMI , s OLD DIXIE HIGHWAY SECTION 00948 -Work Change Directive No. 2 DATE OF ISSUANCE: 4-8-16 EFFECTIVE DATE: 4-8-16 OWNER: Indian River County ---- ------ --CONTRACTOR:-T.Ir othv.Rose Contracting, Inc.__ Project. Old Dixie Highway Resurfacing (From 716' Street TO CR 510) OWNER's Contract*No: 1138 - You are directed to the HPC manual (pages 4 — 6) proceed promptly with the following changes: Description: Delete the weir from (S-12) drainage Structure Increase the Ditch Bottom inlet size from Type C to Type E, for inlets (S-39) and (3-40) Purpose of Work Change Directive: The proposed weir on (S-12) may be below grade and will function without the weir. Ditch Bottom inlets (8-39) and (SAO) will receive a 19 x 30 RCP which will have very fight tolerances. It was recommended by the supplier to use a larger box. Therefore, these two Ditch Bottom inlets will be increased to Type E. Attachments: (List documents supporting change) Revised Plan sheet 22 Letter from Timothy Rose 4-6-16 If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined In the Contract Documents. Method of determining change in Contract Prices Bid Unit Prices Lump Sum Other: ❑ By :Work Change Directive Method of determining change in Contract Times Contractor's Records Engineer's Records ❑ Other. ❑ By Change Order: Delete 2 -Type C DBI $1,522.00 x 2 = ($3,044.00) Estimated Increase (decrease) In Contract Times: Add 2 Type E DBI $2,100.00 x 2= $4,200.00 Total = $1,156.00 No change In Contract time Estimated Increase of this Work Change Directive $1,156.00 If the change Involves an Increase, the estimated amount is not to be exceeded without further authorization. Substantial Completlon.MQ days; Ready for Final Completion: LLO days. If the change Involves an increase, the estimated time Is not to be exceeded without further authorization. ACCEPTED: APPROVED: B • I PRECOMMENDED. BY: 4v'�Z(Signature) I EER (Signature) OWNER ( Ignature) Date: ' • I Z.14r Date: " " tp Date: RWub11eWadt0ENO1NEERINO DMSION PROJECT811190 OM Dbdo H" RefwlocWist St to CR 6101AdadMIWORKCIIANOE DIRECTIVEM1185 • Wotk Change Dhe%v 2400 I �I P95 I �L 14_ MAMM 4- MAMM -W SA TIMOTHY ROSE CONTRACTING, INC. 1360 Old Dixie Highway SW, Suite 106 Vero Beach, Florida 32962 (772) 564 7800 Phone (772) 564 1888 Fax TImRose70comca_St-net -April 6, 2016 Indian River County —Engineering Attn: Michael Nixon 1800 271h Street Vero Beach, FL 32960 RE: Old Dixie Resurfacing from 71"t St to CR510 Project Work Change Directive #2 Description TOTAL Change (2) type Inlets to Type E Inlets Type C Inlets ($3044.0 * 0) Type E Inlets $4200.00 Total If you have any questions, do not hesitate to contact our office. Thank you — Debi West t Tim V Rose Contracting, Inc. jr P97 1 I . SECTION 00948 - Work Change Directive No. 3 DATE OF ISSUANCE: 9-9-16 EFFECTIVE DATE: 9-9-16 OWNER: Indian River County CONTRACTOR: Timothy Rose Contracting, Inc. Project: Old Dixie Highway Resurfacing (From 7181 Street to CR 6101 OWNER's Contract No. 1138 You are directed to proceed promptly with the following changes: Description: Add a Type E Inlet and 16 LF of 15" RCP. Purpose of Work Change Directive: The 15" RCP is being added to extend Into a ditch near 73rd Street. This pipe will drain Into a Type E Inlet that is in line with the IW'x 30" RCP that was previously Installed with this project. Attachments: (List documents supporting change) Plan sheet 1 of 1 Itemized Bid Schedule dated 9/9/16 If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will Involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Prices ® Bid Unit Prices Lump Sum Other. ❑❑ By :Work Change Directive Method of determining change in Contract Times ❑ Contractor's Records Q Engineer's Records [j Other: ❑ By Change Order: Estimated increase of this Work Change Directive Increase in Contract Time: None $2,766.12 Substantial Completion: 160 days Ready for Final Completion: 180 days If the change involves an Increase, the estimated If the change involves an Increase, the estimated amount Is not to be exceeded without further time is not to be exceeded without further authorization. authorization. ACCEPTED: RECOMMEND D: APPROVED: By:By: (' � By: CONTRACTOR (Signature) E GINEER (Signature) OW R (Signature) Date: Date: 9-1 a-/ 6 to: 9 /� IFAM116Wad"AENGINEERING DIVISION PROJECTSNIB&Old DOE* Hwy ROaidgaMo-71s18119 CR SIGVWMIrtAWORK CHANGE DiRECTARES11138 - W9yk Clnhp9 Mead" 3.doe i 1 P98 S-1OA 4 io io eo C� STA. 128f23.47 26.65' RT. I"� "S _ INSTALL TYPE E INLET _ APPROXIMATE Ci -NMR OF RAILWAY MACKS (� GRATE EL. 13.35 N. & S. • IN{! 10.00 E 5" STA. 128*44.09 ,.. INI � 10.20 f-ORC£MA/N TO BE RESTRAINED ANO I.&WERE0 BY UND£RDICGING TO A ,,m 26.16' RT. 9 F.D. O. T. INDEX ,f232J POINT WHERE AT LEAST 6" INSTALL MITERED CLEARANCE IS MET WITH PROPOSED £N.0 SECT/ON CUL YbN'VDRAIN (STA. 127*80) INY. 10.20 ," a (F.D.O. T. )NO. -A2273) ��. L, - Tree L1ne , o a• ��• �7ppppOOpCAAJ. CONST. 196 L.F. 28")(204 C.A.P. 239..'27- RT. L' INSTALL TYPE £ INLET GRAM* R. 11.20 S. & N. INK 9.53 £. WEIR R. 10.00 (f2- WIDE) (F.D.O.T. INDEX 4232) INV 10.40 WORK CHANGE DIRECTIVE NO. e/Pi'a O/d Dixie Highway from 71st Street to County Route 510 1138 Work Change Directive No. 3 zmt s w eAM . ft mso L41 9/912016 ITEMIZED BID SCHEDULE - WORK CHANGE DIRECTIVE NO.3 PROJECT NAME: OLD DIXIE HIGHWAY RESURFACING FROM 71ST STREET TO COUNTY ROAD 510 PROJECT NO./ BID NO. 113812016001 BIDDER'S NAME: Timothy Rose Contracting, Inc. IfetiN'" Des"cii' Uoti, i(i Qutf n Pti�e nI: tPrl . ecrease PRICE INCREASES WITH WORK CHANGE DIRECTIVE 3 425-1-551 INLETS DT BOT TYPE E <IV EA 1 2100.00 2100.00 430-174-115A PIPE CULVERT ROUND 15" SD RCP LF 16 41.57 665.12 RESURFACING SUBTOTAL 2,765.12 0.00 TOTAL WORK CHANGE DIRECTIVE NO.3 2 765.12 CHANGE DIRECTIVESM138- Work Change DU. P100 SECTION 00948 - Work Change Directive No. 4 DATE OF ISSUANCE: 2-2-17 EFFECTIVE DATE: 2-2-17 OWNER: Indian River County CONTRACTOR: Timothy Rose Contracting. Inc. Project: Old Dixie Highway Resurfacing (From 71st Street TO CR 510) OWNER's Contract No. 1138 You are directed to proceed promptly with the following changes: Description: Based upon a review of the field conditions as a result of an unforeseen utility conflict and the required design criteria for guardrail installation a modification to the guardrail design was found to be warranted for the guardrail protecting the box culvert crossing underneath Old Dixie Highway at approximate project station 120+00. This change resulted in the reduction of guardrail installation required along with the extension of the side drain extending north from the box culvert along the.west side of Old Dixie Highway. Purpose of Work Change Directive: The purpose of this work change directive is to implement Plan Revision #2 into the project plan set and to compensate the Contractor for all out of scope work and extend the Contract time for impacts related to the additional work. All work falling under an established pay items shall be addressed by overrun/underrun of that pay item. Attachments: (List documents supporting change) -Plan sheets 11 and 29 of 81 -Overrun/Underrun Analysis of existing pay items. -Summary of Out of Scope Costs -Time Extension Analysis If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined In the Contract Documents. Method of determining change in Contract Prices Bid Unit Prices II Lump Sum II Other. 0 By :Work Change Directive Method of determining change in Contract Times ❑ Contractor's Records JK Engineer's Records II Other: By Change Order: Estimate increase/decrease in this Work Change 62 Days added to substantial and final completion Directive $2,426.37 Substantial Completion: 313 days; Jan. 5th, 2017 Ready for Final Completion: 343 days; Feb. 4th, 2017 If the change involves an increase, the estimated If the change involves an increase, the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization. authorization. RAPUbikWerksIENGINEERINGDMSIONPROJECTSt11 "Id McHwyRemstechg-71st 6tbCR61g1AdmintWORKCHANGEDIRECTNES%WCD-04_GuatdreiNRC. 1738 WCD-04_,Guardra1l.doc P101 ACCEPTED - Date: 2.�A . kl Date: 7 - APPROVED: By: OWNER (Signature) Date: FAIPubfieWoftlENGINEERING DIVISION PROJECTS11138-Old DIxIs Hwy Resurfacing -flat St to CR 510Wmin%WORK CHANGE DJRECTIVESXWCD-04_GuarchMIRC- 1131LWCD-04_Guardrall.doo i. P102 W i! ij r. :F7/i1W/'MMM_- M?W.9M �� -min- VOW loom FAMEMEMENEEMEME qu jig I �FIN MEN(immommommommmi i s"i Mel A A mmmml."Jmmm Sol g AM' 12114/2016 ITEMIZED BID SCHEDULE - WORK CHANGE DIRECTIVE NOA PROJECT NAME: OLD DIXIE HIGHWAY RESURFACING FROM 71ST STREET TO COUNTY ROAD 510 PROJECT NOJ BID NO. 113812016001 BIDDER'S NAME: TImothv Rose ContracOna. Inc. Item No. IDescrlption I Unit I Quantity Unit Price I Price Increase Price Decrease PAY ITEM PRICE CHANGE WITH WORK CHANGE DIRECTIVE 4 120-1 EXCAVATION EMBANKMENT CY 30 4.00 120.00 430-174-124 PIPE CULVERT ROUND 24" SD CAP LF 42 40.00 11680.00 536-1-1 GUARDRAIL -ROADWAY LF 489 30.00 14 670.00 536-8-1 GUARDRAIL END ANCHORAGE ASSEMBLY (SKT 350 EA 2 3.000.00 6,000.00 SUBTOTAL 1800.00 20,670.00 TOTAL PAY ITEM IMPACTS WORK CHANGE DIRECTIVE NO.4 -18,870.00 FAPubllc Works%ENGINEERING DMSION PROJECTS11138-01d We Hwy Resurtadng-71st Sl to CR 510V1dmin\W0RK CHANGE DIRECTIVESWXD-04 GuardraiNRC- 1138 VVCD Cost Summary P105 January 11, 2017 Timothy Rose .Contracting, Inc 1360 Old Dixie Highway SW, Suite 106 Vero Beach FL 32962 (772) 564.7800 Phone (772) 564.7888 Fax TimRose7@conncast.net Indian River County — Engineering 1800 27th Street Vero Beach, FL 32960 RE: IRC 1138 - Old Dixie Resurfacing from 71st St to CR510 Project .REVISED Work Change Directive_ #6 ADD Remove Existing Mitered End $250.00 ADD 2 End Anchorage SKT 350 $324.00 ADD 211 Ln Ft Guardrail $352.37 ADD 24" Mitered End $900.00 ADD Sod =160 Sq Yds $600:00 ,. Total ADD $2,426.37 If you have any questions, do not hesitate to contact our office. Thank *bWest ou — Contracting, Inc. .. AT O R S �I .._..�:, NI+►s�P�s�tudq ib 11�41� �UOIIN �ti111�7�l+Ot140 liilq ro61) 79�YOt Estimate Date Estimate # 9/23/2015 1529 PROJECT INDIAN RIVER COUNT FDOT DBE CERTIFIED palm Beach County S'WBE Certified DESCRIPTION OLD DIXIR HWY 91138 FIN PROJECT NO PROJECT# 1138 COUNTY INDIAN RIVER CAL DAYS Item Description Qty Unit Price U/M Total 536-1-1 56.8-I GUARDRAIL (ROADWAY) GUARDRAIL, END ANCHORAGE ASSEMBLY (SKT 350) 700 4 17.95 3,450.00 LF EA 12,565.00 13,800.00 Quote is good for 30 days Total $26,365.00 Comments: The following to be performed by others: Maintcnance of Traffic, Misccllaneous Asphalt Patch Work around posts, all Concrete work, Excavation, Backfill, Shaping, Oradmg and Dewatering for any End Anchorage Assembly. Cost for any bonds needed are not included in this price. Notes: No material ordered or work scheduled without SIGNED QUOTE AND NOTICE TO OWNER INFO. SUBMI171111) BY: COMPANY: _— ACCEPTANCE SIGNATURE: I PRINTED SIGNATURE: - , In A .n �� �� In v�_ I DATE: C', e- c j . < I P107 Estimate Date Estimate # 9/23/2015 1529r PROJECT INDIAN RIVER COUNT DESCRIPTION OLD D1XlE HWY #1138 FIN PROJECT NO PROJECT# 1138 COUNTY INDIAN RIW It CAL DAYS Itam Description Qty Unit Price UIM Total 516-1-1 56-8-1 GUARDRAIL (ROADWAY) GUARDRAIL, END ANCHORAGE ASSEMBLY (SKT 350) 211 2 19.50 3,600.00 l.k EA 4,114.50 7,200.00 Quote is good for 30 days Total $11,314.50 Comments: PRICE DOES N0'1' INCLUDE ATTENUATOR CONCRE'I F PADS. The following to be performed by others: Maintenance of Traffic, Miscellaneous Asphalt Patch Work around posts, all Concrete work, Excavation, Backfill, Shaping, Grading and Dewatering for any End Anchorage Assembly. Cost For any bonds needed are not included in this price. Notes: No material ordered or work scheduled without SIGNED QUOIN AND NOTICE T'O OWNER INFO. SUBMITTED BY: COMPANY: ACCEPTANCE SIGNATURE: PRINTED SIGNATURE: DATN: P108 Time Imaact Analvsis On 12/1/17, During the layout of the guardrail shielding the box culvert at Station 120+00 utility conflicts were discovered with the proposed guardrail location. Based on a review of the proposed design and existing and newly constructed field conditions it was determined that a redesign of the guardrail at this location would be necessary. The redesign of the area was performed and sent to FDOT, on 12/14/16, along with the cost analysis which reflected a substantial net savings to the project. Concurrence from FDOT was received on 12/21/16. Guardrail realignment & reduction plans were finalized and signed and sealed on 12/30/16. A cost proposal from the Contractor was requested on 1/8/17 and the cost proposal was provided on 1/20/17. As of 11/30/17 all project related work was completed and no further activities could be performed thus impacting the critical path schedule for the project. Based upon the above timellne 62 contract'days should be added to the project for the required plan change for impacts between 12/1/17 and 2/1/17 P109 SECTION 00948 -Work Change Directive No. 5 DATE OF ISSUANCE: 1-10-17 EFFECTIVE DATE: 10-9-16 OWNER: Indian River County CONTRACTOR: Timothy Rose Contracting. Inc. Project: Old Dixie Highway Resurfacing (From 7131 Street to CR 5101 OWNER's Contract No. 1138 You are directed to .proceed promptly with the following changes: Description: Revise the 24 -Inch proposed forcemain from PVC to DIP. Furthermore, revise the elevations and direction to avoid conflicts with proposed stormwater piping. Purpose of Work Change Directive: Changes were required once field conditions changed due to depth of existing forcemain and proposed stormdrain. These changes had to be made In the field once the existing conditions were revealed. Therefore, time was of the essence In making the changes. Please see Attachment A for additional Information. Attachments: (Ust documents supporting change) Attachment A WCD No.6 from Timothy Rose If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will Involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Prices Bid Unit Prices Lump Sum Other. By :Work Change Directive Method of determining change in Contract Times Contractor's Records Engineer's Records Other. By Change Order: Estimated Increase of this Work Change Directive Increase in Contract Time: None $68,244,82 If the change involves an Increase, the estimated amount is not to be exceeded without further authorization. Substantial Completlon:160 days Ready for Final Completion: 180 days If the change involves an Increase, the estimated time Is not to be exceeded without further authorization. ACCEPTED' REC APPROVED: B - VD By. By: CONTRACTOR (Signature) ENGIN Signal O.W (Signature) Date: /Iate: Dg Date: 2 d f f:WdMJuW1U1Y-F.ngtneeAdglPro s-WklyCon*VwUwPetmk6VRC.01d0bde",Readddn9fromI1e161(OCR 6191C0fthnPhO80199-MikChange Olnegw0.doe ATTACHMENT A: IRC PROJECT NO. 1138 OLD DIXIE HIGHWAY RESURFACING WORK CHANGE DIRECTIVE #S The fbllowing is a description of the changes requested by IRCUD staff. 1) Pay Item #U-4, Install 16" PVC DR14 Reuse Main Offset. This Item was changed to utilize the existing 16" D.I.P. aerial crossing. The contractor was able remove and replace the tee bolts at the existing bottom 45 degree bends, and then rolling the aerial crossing. This change will results in a cost deduct in the contract. 21 Pay item U-5, Install 24" PVC DR14 Force Main Offset. The material for moving the 24" aerial crossing at STA. 182+00 was changed from PVC to D.I.P. for maintenance purposes. This change had to be made due to the inadequate amount of cover over the pipe. Also, in addition the contractor had to use additional fittings In order to avoid potential conflicts with the new storm pipe. The 24" tapping gate valves had to be changed from standard valves to side actuated valves due to the cover over the existing force main and the height of the standard valve. This change will result In a cost Increase for this Item. 3) IRCUD agreed to purchase material delivered to the project that was a result of the above changes and unable to return to the supplier. Also, the restocking charge for the material that was returned to the supplier. The cost for the above is respectfully $4093.86, $39,474.56, $12,676.40 for a total of $56,244.82. These changes along with the other contract changes will actually result in a decrease in the TIMOTHY ROSE CONTRACTING, INC. 1360 Old Dixie Highway SW, Suite 106 Vero Beach, Florida 32962 (772) 564 7800 Phone (772) 564 7888 Fax TimRose7C►comcast.net December 13, 2016 Indian River County 1800 27t11 Street Vero Beach, FL 32960 RE: Old Dixie Resurfacing from 71s1 St to CR610 Project Work Change Directive #5 Qty Description Price Amount 6 24" Bolt Gasket Sets 40.77 244.62 6 24" MJ Wedge Lock 422.65 2,535.90 3 24"-45 Bend - - 1,230:00- 3;690.00 60 Add 6011-2411 DIP 136.19 8,171.40 2 Add 24" x 6 Tapping Sleeve 1,022.00 2,044.00 2 Add 6" Tapping Valve 684.80 1,369.60 2 Add 24" Side Actuators 4,280.00 81560.00 20 Add 2011-24" PVC 64.73 1,294.60 Subtotal Materials 27,910.12 15%Ovcrhead - Materials 3,930.50 3,930.50 Labor 136 Hours for: Sany 135 Excavator 35.00 4,550.00 26 Hous for: Sany 135 Excavator 115.00 2.990.00 20 Hours tir: Bobcat Mini, Excavator 78.00 1,560.00 8 Hours for: 8000 Galion Tanker WMick 165.00 1.320.00 2 Add Ergo XL Ring & Cover 2,294.00 4,58840 1 G' Wet Top 860.00 860.00 Sent to County 80 24" PVC 64.73 5,178.40 100 16" PVC 29.10 2,910.00 Returned Material -1 10 Gauge Copper Wire Purple .95.00 -95.00 -1. 10 Gauge Copper Wire Omen 95.00 -95.00 -4 45 MJ Bond 229.82 -919.28 -8 Gland Kits 114.80 -918.40 -7 Restrainers 196.00 -1,372.00 =5 Marker Bolls -1 Sales Tax Total Credit - $3646.00 Itestoek1% Pee: Cost fur Monies Not Credited Par Returned Material 4 16" - 45 Bonds 8 W- Gland Kits 7 Roshnincrs - Pipe to Pipe Material 16" Reuse 2 Add 1G" Flange Kits 15% Overhead 9 Sany 135C 27 Laborers Total: $56,244.82 If you have any questions, do not hesitate to contact our office. Thank you - , 8.00 -40.00 206.38 -206.38 98.49 49.20 84.00 321.00 96.30 115.00 33.00 393.90► 393.60 588.00 642.00 96.30 1,035.00 945.00 SECTION 00948 - Work Change Directive No. 07 DATE OF ISSUANCE: 5/8/2017 EFFECTIVE DATE: 5/8/2017 OWNER: Indian River County CONTRACTOR: Timothy Rose Contracting, Inc. Contract No. 1,138 _ You are directed to proceed promptly with the following changes: oe Description: Based upon a review of the field conditions it was found that eleven existing driveway connections to Old Dixie Highway were not identified to be replaced in the original plan set. It was determined that base rock stabilization should be Installed at each of the connections in order to help ensure and extend the long term longevity of the shoulder paving of the reconstructed roadway. - Purpose of Work Change Directive: The purpose of this work change directive Is to compensate the Contractor for all out of scope work associated with the unforeseen base rock Installation at the eleven existing driveway connections. Attachments: (List documents supporting change) -Contractor Change Proposal If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Method of determining change in Contract Prices Contract Times Bid Unit Prices ❑ Contractor's Records Lump Sum ❑ Engineer's Records Other: Contractors Change Proposal j� Other. j] By :Work Change Directive ❑ By Change Order: Estimate increase/decrease in this Work Change No change in Contract time Directive $2,806.00 Substantial Completion:313 days; Jan. 601, 2017 Ready for Final Completion: M days; Feb. 41h, 2016 If the change involves an increase, the estimated If the change involves an Increase, the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization. authorization. ACCEPTED: RECOM ENDED- APPROV D: B B ,<tca�►► �. baa By: 'CONTRACTOR (Slgnature) ENGINEER (Signature) OWNE (Signature) Date: 5. © r Date: 6 0 r;' =M I Date: 61-017 F:1PARG Wo"ENGINEERINO DM810N PROJECT811188.01d DW9 Ray Resudeft-71d 8110 CR 6101Adm4nIWORK CHANCE DIRECTIYE8%WCD-W.PrtWmY URC- 1188_WC0V7 0dvwmp,dao P114 SECTION 00848 - Work Change Directive No. 08 DATE OF ISSUANCE: 6/08/2017 EFFECTIVE DATE: 6/08/2017 OWNER: Project: Old Dixie Highway Resurfacing s rom 71e1 OWNER's Contract No. 1138 You are directed to proceed promptly with the following changes: Description: Based upon a review of the field conditions it was determined that the sidewalk returns and existing sidewalk alignment at the intersection of 841A Street and Old Dixie Highway did not meet ADA requirements and did not provide a pedestrian refuge for one side of the marked crosswalk. Purpose of Work Change Directive: The purpose of this work change directive Is to ensure the newly rehabilitated roadway meets current ADA guidelines and to compensate the Contractor for all out of scope work Involved in the replacement and installation of ADA compliant sidewalk ramps. Attachments: (List documents supporting change) - Contractor Summary of Out of Scope Costs If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will Involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Prices Bid Unit Prices Lump Sum Other:_ Contractor's Price Quote By :Work Change Directive Method of determining change in Contract Times Contractor's Records Engineer's Records Other: By Change Order: Estimate increase/decrease In this Work Change No change in Contract time Directive $1,126.90 Substantial Completion: 313 days; Jan. 6, 2017 Ready for Final Completion: 343 days; Feb. 4, 2017 If the change Involves an Increase, the estimated If the change involves an Increase, the estimated amount Is not to be exceeded without further time Is not to be exceeded without further authorization. authorization. ACCEPTED: RECO EIS. APPROVED: BY* a�,«P5 By: ACTOR(Signature) ENGINEER (Signature) OWN (Signature) R Date: J 9- I� I I Date: 510/2 0r ?' 1 Date: 6 j FOWIoWedISIENGINEERING OIYIBION PROJECT811108.O1d Olde KV Raudeetna-Hat $It* CR 818VldA.&WORN CHANGE OIRECTIVEBIWOD-08_81deweMN. 118Q^WCD-08_81deweik e1840tdoo P116 Timothy Rose Contrartfng, Inc 1360 Old Dixie Highway SW, Suite 106 Vero Beach FL 32962 (77.2) 564.7800 Phone (772) 564.7888 Fax �Q 1"imRose]'Qlfcoiecastno December 19, 2016 Indian River County —Engineering 1800 27th Street Vero Beach, FL 32960 RE: Old Dixie Resurfacing from 718' St to CR510 Project Work Change Directive #6 • Description TOTAL 60 Sq Ft of Sidewalk, place & finish 19ft x Sft of 6" $400.90 thick sidewalk —10.55 Sq Yds Short Load of Concrete $205.00 Add 2 Truncated Domes — 20 Sq Ft $520.00 Total $1125.90 If you have any questions, do not hesitate to contact our office. Thank you — Debbie West Timothy Rose Contracting, Inc. 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: Work Order No. 5 Atkins North America, Inc. Wabasso Fishing Pier Demolition Project — Data Collection and Preliminary Planning DATE: June 5, 2017 BACKGROUND 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 pier is damaged beyond repair, the only viable alternative is to completely demolish and remove the structure. A project location map and site photos are provided as attachments to this agenda item. DESCRIPTION AND CONDITIONS On November 15, 2011, the Board approved a contract with Atkins North America, Inc. (Atkins) for Professional Services relating to Public Works, Solid Waste Disposal District, Utilities -Major, and Utilities -Minor systems for a three-year term. On November 4, 2014, the Board renewed the contract until November 16, 2017. Atkins is the selected County Consultant for professional services related to the Wabasso Fishing Pier Demolition Project. The proposed Work Order No. 5 provides professional services relative to field data collection and preliminary planning in order to obtain the necessary permits for the demolition of the Wabasso Fishing Pier. Work Order No. 5 totals a lump sum amount of $49,200. All subsequent services pertaining to the removal of the Wabasso Fishing Pier will be addressed through future work orders. C:\Users\GRANIC—I\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@440524A 7\@BCL@440524A7.docx P118 BCC Agenda Item June 13, 2017 Page 2 FUNDING Funding, in the amount of $49,200, for Atkins Work Order No. 5 is available from the Florida Boating Improvement Fund Account No. 13321072-033490. As reported on the June 6, 2017 Agenda Item 8.K, the total cost for the Wabasso Fishing Pier removal project is estimated at $1.1 Million. Staff is pursuing additional funding sources for this project. On June 9, 2017 staff submitted a $500,000 grant application to the Florida Division of Emergency Management under the Hazard Mitigation Grant Program (HMGP) resulting from the Presidential Disaster Declaration for Hurricane Matthew (FEMA 4283 -DR -FL.) The HMGP grant will provide up to $375,000 with a required local match of $125,000. The services under Atkins Work Order No. 5 are eligible for HMGP reimbursement. Staff is also working with FEMA to secure up to 87.5%, under Category A, Debris Removal (FEMA 4283 -DR -FL) in additional funding for the project. RECOMMENDATION The recommendation of staff is for the Board to approve Work Order No. 5 to the contract with Atkins North America, Inc. and authorize the Chairman to sign on behalf of the County. ATTACHMENT Atkins North America, Inc. Work Order No. 5 Wabasso Fishing Pier Location Map Wabasso Fishing Pier Site Photos APPROVED AGENDA ITEM FOR: JUNE 13, 2017 P119 WORK ORDER NUMBER 5 Wabasso Fishine Pier This Work Order Number _ is entered into as of this _ day of 201, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 4th day of November, 2014 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Atkins North America, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this'Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit A (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (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: BOARD OF COUNTY COMMISSIONERS Atkins North America, Inc. OF INDIAN RIVER COUNTY By: By: Kenneth M. Good, PE Title: Sr. Eng. III / Proj. Mgr. BCC Approved Date: , Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney P120 ATKINS EXHIBIT A Proposal to Provide Professional Engineering Services for Indian River County — GEC Work Order 05 Phase 1— Data Collection and Preliminary Planning Wabasso Fishing Pier Demolition Wabasso, Florida Indian River County (County) has requested services in support of the Wabasso Fishing Pier Demolition Project under the terms of Continuing Contract Agreement for Professional Services (dated November 15, 2011) and Contract renewal (dated November 4, 2014). The Wabasso Fishing Pier was significantly damaged by the passing of Hurricane Matthew in early October 2016, causing the loss of 100' from the 525' west span and 300' from the 475' east span. The County has requested services to assist in the environmental filed surveys, engineering planning and design, permitting, bidding, and construction services for the full demolition of the Wabasso Fishing Pier. It is anticipated that the demolition will include the following elements: o West Pier ■ Removal of eight intact 50' pier span sections ■ Removal of one intact 40' pier span section (at abutment) ■ Removal of two damaged/displaced/submerged 50' pier span section ■ Removal of eleven intact pile pairs with caps ■ Removal of 300' of upland sidewalk o East Pier ■ Removal of three intact 50' pier span sections ■ Removal of one intact 30' pier span section (at abutment) ■ Removal of six damaged/displaced/submerged 50' pier span section ■ Removal of five intact pile pairs with caps ■ Removal of five damaged/displaced/submerged pile pairs with caps ■ Removal of 300' of upland sidewalk These services are expected to be completed in three phases. This Task Order is for Phase 1 — Data Collection and Preliminary Planning. Phase 2 will include design, permitting and bidding. The Phase 2 scope and fee will be developed near the completion of Phase 1, after the disposal site is secured and the FEMA funding parameters are identified. Phase 3 will include construction related services. The Phase 3 scope and fee will be developed near the completion of Phase 2, after the design and permitting are complete and the FEMA funding parameters are set. At the request of the County, Atkins (Engineer) has prepared this Phase 1 scope of services as follows: SECTION 1 PHASE 1 SCOPE OF SERVICES TASK 1: FIELD DATA COLLECTION The Engineer shall complete a field assessment of the project to locate and map submerged resources (seagrass), and to locate and map debris from the pier damage. The objective of the seagrass 05 JUN 2017 Page 1 of 3 P121 ATKINS investigation is to delineate the distribution sea grasses prior to demolition operations. The objective of the debris mapping is to develop an inventory and location map of the submerged debris for use in preparation of the demolition plans and bid documents. Location information will be collected using a handheld GPS unit capable of sub meter accuracy. Locations will be considered approximate, and are not intended to be considered a formal survey meeting the State's Minimum Technical Standards. These field data collection services shall include the following tasks: A. The sea grass survey will cover an area of approximately eleven acres, roughly described as follows. o Bounded on the northwest by the highway bridge o Extending southwest of the highway bridge approximately three -hundred feet o Running the length of the highway bridge (approximately 1,300 feet. o Including the area around the boat ramp B. The debris mapping will cover the areas directly adjacent to the damaged pier sections, roughly described as follows. o A 100' by 30' area covering the two damaged spans on the west pier o A 300' by 45' area covering the six damaged spans on the east pier C. A brief report discussing the findings of the seagrass survey and debris mapping will be prepared. The report will include maps of the submerged resources and the debris field, and the mapped information will also be used in the demolition plans. TASK 2: PRELIMINARY PLANNING The Engineer shall develop a preliminary demolition plan to meet the County's intended purpose while following generally accepted engineering standards and anticipated permitting requirements. The planning and construction document preparation services shall include the following tasks: A. Participate in one meeting with the County to facilitate the planning process. The meeting shall be held at the project site or the County's offices. The following is the anticipated meeting: o Draft preliminary plan review meeting B. Conduct phone inquiries with up to three marine contractors to gather information on expected contractor means and methods for use in demolition planning and permitting. C. Conduct phone inquiries with USACE and FDEP to assess likely permitting mechanisms and requirements. D. The Engineer shall make one plan submittal to the County during the design development process. Following the completion of the kickoff meeting, and field data collection, the Engineer shall prepare a preliminary plan set. This plan set shall contain a level of detail and information typically required for the FDEP and USACE permitting process. It will also contain a, level of detail sufficient for preparing a cost estimate to be used in the FEMA funding pursuit. The preliminary plans set will be produced in 8'/2 x 11 size to meet permitting agency requirements, and in a manner that will facilitate scaling up to 17 x 22 size for easier review. A preliminary opinion of probable cost will be prepared upon the completion of, and included with, the preliminary plan set. The County will have the opportunity to review and comment on the preliminary plan set. The Engineer will incorporate reasonable comments into the plan set. 05 JUN 2017 Page 2 of 3 P122 ATKINS SECTION 2 ASSUMPTIONS AND EXCLUSIONS 1. Application fees, impact fees and any other fees required by regulatory agencies are considered a direct expense to the County and are not included in this scope and fee. 2. It is assumed the pedestrian bridge to be demolished is owned by the County, and that coordination with, or approvals from, FDOT will not be required for its removal. 3. It is assumed that the demolition work will be managed form the waterside (i.e. a barge) and that no work will be conducted from the highway bridge. If it is determined that work will be done from the highway bridge, coordination and approval from FDOT may be required. Such coordination and approval would be outside this scope of services and would be considered an additional service. 4. It is understood that the County is pursuing regulatory approval for disposal of the pier demolition debris at an offshore location. This work is being done by internal County staff and assistance from the Engineer is not included in this scope of services. 5. The ultimate decisions related to regulatory approvals and finding assistance lie outside of the Engineer's control. The Engineer cannot guarantee regulatory approvals or funding assistance. 6. Only those services specifically mentioned in Section 1 are included with this scope of services. Additional services, if required, can be provided at an agreed upon lump sum fee or at the standard hourly rates. 7. FEMA assistance is excluded from this scope of services. It is understood that County staff is currently working with FEMA personnel to determine the best approach to funding assistance for the pier demolition work. FEMA assistance can be added to subsequent task orders if requested by the County. SECTION 3 SCHEDULE & DELIVERABLES The following schedule is anticipated for the completion of each task (week number measured from receipt of a notice to proceed): Task 1: Field Data Collection Task 2: Preliminary Planning Week 8 Week 12 The following deliverables will be provided to the County: A. Field Data Collection Report (via electronic file transfer — pdf). B. Preliminary Plan Set and Cost Estimate (via electronic file transfer — pdf). SECTION 4 COMPENSATION The proposed scope of services will be provided on a lump sum basis administered pursuant to the provisions of our master contract and invoiced monthly based on the percentage of completion of the overall project. Invoices will also include and hourly break down of cost for FEMA reimbursable Direct Administrative Costs. Task 1: Field Data Collection Task 2: Preliminary Planning $ 29,650.00 $ 19,550.00 TOTAL $ 49,200.00 Page 3 of 3 05 JUN 2017 P123 . . - r o k •�:. N 7� SEBASTIAN , '►Z�Jl:; w*:T. '� A ORCHID LEGEND ® Lost Pier« •�'� i �•L,_ • 20NEVE t Project Area - r &' s.t y,; .� S� ■ r.;'� Municipal Boundaries FEMA SFHA ZONE AE �0 0 9 • I = � (Effective Date: 12/4/2012) '' �' L♦ ' ,�' T 'jti 93RD ST o$• ' �Ct♦ I`�%a-i its sy .1. ®0.2 PCTANNUAL FIRM Pa_nel► t CHANCE FLOOD , 5� 0118H S ` ' V''' *w^ • �'�� `Qx�, sem, 510 A1A VE © AE - ... �oe�` .... • .1�.,.._�; . ;,`- FIRM Panel • . FEMA FIRM Map 6' �P�PS ��� 1 0119H .... 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COUNTY `G Mles - - r 'aM: U: Projects Pub icWorb Coasta Fi:gineering 22017_0517_ HozardMltlgatlonGrant_WabassoPier WabassoPler_bcationMap HRM.mxd Map Dat.: 6/1/2017 IRCGIS/CPL Site Photographs — Wabasso Fishing Pier M.., • -....aj7rj,-j s -1 --,i_t.CrrL P Aft �i.,�-f�j�...,-L � '� psi -ati•. - 4 _ _ WEST STRUCTURE+EAST STRUCTURE ,� _� may_ ;,r+-} _ � .�� � � "a'+� -- ��� = •�� :��` �Sr a., Damaged Wabasso Fishing Pier in the foreground — Photo taken April 11, 2017 P125 N NE IE SE 3300 30 i0 90 120 1E • I. I. I . I. I- I - I. I- . I . I. I. I . I+ I - I- I* I - I - I ,. '� `fit i T 4''�F •..�...r-- I.- yy r�•�y��i. / 13 Apr 2017,11-30 ter" •Wabasso Photos April T7 lll`,'t' ,ter •< Site Photographs — Wabasso Fishing Pier West Structure Damaged Wabasso Fishing Pier — East and West Structure — Photos taken April 13, 2017 P127 INDIAN RIVER COUNTY, FLORIDA PUBLIC WORKS DEPARTMENT - TRAFFIC ENGINEERING DIVISION INTER -OFFICE MEMORANDUM DATE: May 25, 2017 TO: Jason E. Brown, County Administrator THROUGH: Michael Smykowski, Budget Director Richard B. Szpyrka, P.E., Public Works Director FROM: Kimberly Graham, P.E., County Traffic En SUBJECT: FDOT Emergency Local Government Emergency Relief Reimbursement Agreement — Hurricane Matthew DESCRIPTIONS AND CONDITIONS The Florida Department of Transportation (FDOT) is responsible for the administration of the Federal Highway Administration (FHWA) Emergency Relief Program funds. Staff has been successful in working with FDOT to be reimbursed for traffic related damage due to Hurricane Matthew. Attached please find an Emergency Local Government Emergency Relief Reimbursement Agreement (Agreement) between the Florida Department of Transportation (FDOT) and Indian River County (County) for the reimbursement of traffic signal related costs and expenses the County sustained during Hurricane Matthew. The Agreement reimburses 100% of the County's eligible costs for a total of $41,189.61. FUNDING The Emergency Local Government Emergency Relief Reimbursement Agreement reimburses the County for eligible costs associated with traffic signal related damages sustained during Hurricane Matthew, therefore no funding is required for this item. RECOMMENDATION Staff recommends the Board of County Commission (BCC) approve the attached Emergency Local Government Emergency Relief Reimbursement Agreement and adopt the attached resolution authorizing the Chairman to sign the Agreement. ATTACHMENT: Five (5) Copies of the FDOT Reimbursement Agreement and Exhibits and Resolution APPROVED AGENDA ITEM FOR JUNE 13, 2417 FATmfli6RCC AGENDAV012.2017WDOT Emergency Locnl Goeemment Emergency Relief Reimbursement Agreement Ldoc " ?H P128 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION EMERGENCY LOCAL GOVERNMENT EMERGENCY RELIEF REIMBURSEMENT AGREEMENT Contract No: DUNS No: 80-939-7102 CFDA No: 20.205 This Emergency Local Government Emergency Relief Reimbursement Agreement (this "Reimbursement Agreement'), made and entered into this date of , 20_ by and between the State of Florida Department of Transportation (FDOT), an agency of the State of Florida, herein after called the "Department' and Indian River County located at 1801 271h Street, Vero Beach, FL 32960 herein after called the "Local Government'. WHEREAS, the Federal Highway Administration (FHWA) has established an Emergency Relief Program codified at 23 USC §125; and WHEREAS, the FHWA has, as a result of the Executive Order(s) dated 20 for Emergency Event(s) authorized funding to be provided to the Department for relief from the damage inflicted by said event(s); and WHEREAS, this Emergency Relief Program Agreement provides for reimbursement to the Local Government for emergency relief; and WHEREAS, the Local Government has incurred certain costs and expenses as a direct result of the event(s) as contained on the attached Detailed Damage Inspection Reports (DDIR(s)); and WHEREAS, it has been determined that emergency repairs are necessary and that the costs and expenses of said repairs are eligible for reimbursement up to 100%, dependent on the amount of allocation made by FHWA; and WHEREAS, pursuant to Section 334.044(7), Florida Statutes, the Department may enter into an interlocal agreement with the Local Government for the work contemplated herein; and WHEREAS, the Local Government by Resolution No. adopted on 20_, a copy of which is attached hereto and made a part hereof, authorizes the proper officials to enter into this Agreement. NOW THEREFORE in consideration of the mutual consideration, covenants and conditions set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound hereby, agree as follows: The parties agree as follows: 1. The recitals set forth herein above are specifically incorporated herein by reference and made a part of this Reimbursement Agreement. 2. The Department enters into this agreement as the administrator of the FHWA Emergency Relief Program funds With the administration of funds being subject to the terms and conditions of 23 USC §125 and the Program Administration Manual published by the FHWA. 3. The scope of work and services authorized by FHWA are described in the DDIR(s), attached and incorporated herein as Exhibit F. 4. Subject to the terms and conditions of the Emergency Relief Program Manual at htto://www.fhwa.dot.gov/reports/erm/er.pdf, the Department agrees to reimburse the Local Government for eligible costs from the funds allocated to the Department for said purposes. 5. The Local Government shall be fully responsible for the proper billing of any federal reimbursable costs or charges, including those incurred by its contractors and subcontractors. The Local Government shall timely submit invoices and documents necessary for the close out of the project. The Local Government agrees to promptly reimburse the Department for any and all amounts for which the Department has made payment to the Local Government if such amounts become ineligible, disqualified, or disallowed for federal reimbursement due to any act, error, omission, or negligence of the Local Government, including missing or deficient documentation of costs and charges, untimely, incomplete, or insufficient submittals including the required DDIR, or any other reason declared by FHWA. The Local Government agrees that the Department may offset such amounts from payments due for work or services done under any agreement between the parties if payment from the Local Government is not received by the Department after (Generally 90) days of written notice from the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. P129 The Local Government understands that if it fails to timely perform its obligations, or timely submit invoices and documents necessary for the close out of the project, the maximum limiting amount may become unavailable or reduced due to a removal or withdrawal of federal funds or a loss of state appropriation, and the Department will have no obligation to provide funds from other sources. The Local Government agrees that in the event the maximum limiting amount of this Agreement is reduced by such removal, withdrawal, or loss of funds, the Local Government will be solely responsible for payment of costs and outstanding invoices no longer reimbursable due to the loss of funding. 6. Invoices for fees and other compensation will be certified by the Local Government as being due and eligible for reimbursement and shall be submitted in sufficient detail along with appropriate supporting documentation to allow a proper pre and post audit thereof. 7. The Department agrees to reimburse the Local Government an amount not to exceed a maximum limiting amount of $ Forty one thousand one hundred eighty nine dollars and sixty one cents (amount spelled out) for actual direct costs. This is a maximum limiting amount. Amount paid will not exceed FDOT's approved and FHWA's authorized amount for the work scope described in the DDIR(s). Deliverables must be received and accepted in writing by the Department's Project Manager prior to payments. (Check all that apply). ❑ This amount may be adjusted by agreement of both parties documented in an amendment to this agreement. ® Will be paid upon processing of an approved invoice pursuant the invoice requirements of this agreement. ❑ Invoices will be submitted monthly ❑ Invoices will be submitted quarterly ❑ Invoices will be submitted ® One invoice will be submitted upon completion 8. Choose one of the following: ® Travel costs will not be reimbursed. ❑ Travel costs will be reimbursed if submitted pursuant to and in compliance with Section 112.061, Florida Statutes. 9. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable in addition to the invoice amount. Interest penalties of less than one dollar ($1.00) will not be enforced unless the Local Government requests payment. Invoices that have to be returned to a Local Government because of Local Government preparation errors will result in a delay in payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. 10. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516 or by calling the Division of Consumer Services at 1-877-693-5236. 11, The Local Government agrees to complete the project on or before June 30th 2017. If the Local Government does not complete the project within this time period, this Reimbursement Agreement will expire on the last day of scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Local Government and granted in writing by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of the agreement will not be reimbursed by the Department. 12. Recipients of federal funds awarded by the Department to the Local Government are subject to audits as defined in OMB Circular A-133, as revised. See attached Audit Requirements, attached and incorporated herein as Exhibit B. 13. In the event this Agreement is in excess of $25,000.00 or has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated as follows: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of P130 contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than one year." 14. The Department's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. 15. Agreements that are entered into by the Local Government with third parties to perform Emergency Relief Program work for which the Local Government intends to seek reimbursement involving FHWA Emergency Relief Program funds shall: a. Be negotiated, solicited, or openly bid by the Local Government. Note: Pre -event agreements must be openly bid. b. Include provisions mandating compliance with Davis -Bacon wage rates and include the wage rate tables in the agreement, said tables being available at: http://www.dot.state.fl.us/construction/wage.shtm; however, Davis - Bacon labor standards do not apply to debris removal work unless done in conjunction with a construction project. c. Include the "Required Contract Provisions for Federal -Aid Construction Contracts" (FHWA- 1273) a copy of which is attached and incorporated herein as Exhibit E; however, Form 1273 is not required for scope of work specific to debris removal. d. Mandate compliance with Federal "Buy America Requirements", a copy of which is attached and incorporated herein as Exhibit D. e. Mandate coordination by the Local Government and the third party contractor with the Department to assure compliance with the requirements of the National Environmental Policy Act (NEPA) of 1969. f. Mandate compliance with 49 CFR Part 26, Disadvantaged Business Enterprise Program, including the requirement for the Contractor and/or the Local Government to report monthly on the Equal Opportunity Reporting System on the Department's website found at http://www.dot.state.fl.us/ecivaloi)portunilyoffice/- g. Mandate compliance with all requirements as imposed by the Americans with Disabilities Act of 1990 (ADA), the regulations of the Federal government issued thereunder, and assurance by the Local Government pursuant thereto. h. Mandate compliance with the convict labor prohibition in 23 U.S.C. 114. Convict labor cannot be used in Emergency Relief construction projects. i. Contracts for debris monitoring services must be procured in accordance with -Section 287.055, Florida Statutes, or Section 287.057, Florida Statutes, as a contractual service and the procurement method must be consistent with 49 CFR Part 18. Debris monitoring contracts must include all federal aid contract requirements and must be consistent with the FHWA approved boilerplate, Debris Monitoring Scope of Services. The Debris Monitoring Scope of Services is available at the following link: http://www.dot.state.fl.us/statemaintenanceoffice/scopes.shtm. j. Professional consultant contracts must be procured in accordance with Section 287.055, Florida Statutes, and 23 CFR Part 172. Contracts must include all federal aid contract requirements and must be consistent with the FHWA approved boilerplate, CEI Pre -Event Scope of Services. The CEI Pre -Event Scope of Services is available at the following link: http://www.dot.state.fl.us/construction/DesignBuild/ConsultantCEI/ConsultantMain shtm. 16. Exhibit C, attached and incorporated herein, indicates Federal resources awarded through the Department by this agreement. 17. Records of costs incurred under the.terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after the Department has closed out an Emergency Event with the Florida Division of Emergency Management. Records of costs incurred include the Local Government's general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the Department for a proper audit of costs. P131 18. All invoices are to be mailed to: Florida Department of Transportation Attn: William Wang, P.E. 3400 W. Commercial Blvd. Fort Lauderdale , Florida 33309 19. Contact Names and Addresses: Local Government: Indian River County Address: 1801 27'" Street Building A _Vero Beach. Florida 32960 Contact Name: Kimberly Graham, P.E.- County Traffic Engineer Contact Telephone: 772-226-1568 Florida Department of Transportation Address: Deputv District Maintenance Administrator 3400 W. Commercial Blvd. District IV Fort Lauderdale _ Florida 33309 Contact Name: William Wang, P.E. Contact Telephone; 954-777-4203 20. This Reimbursement Agreement embodies the whole agreement of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Reimbursement Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. The terms and conditions herein, whether general or specific, shall take precedence over and supersede any inconsistent or conflicting provision in any attached terms and conditions. 21. It is understood and agreed by the parties hereto that if any part, term, or provision of this Reimbursement Agreement is by the courts held to be illegal or in conflict with any law of the State of Florida, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Reimbursement Agreement did not contain the particular part, term, or provision held to be invalid. 22. Any questions or matters arising under this Reimbursement Agreement as to validity, construction, enforcement, performance, or otherwise, shall be determined in accordance with the laws of the State of Florida. 23. Venue for any and all actions arising out of or in any way related to the interpretation, validity, performance or breach of this Agreement shall lie exclusively in a state court of appropriate jurisdiction in Leon County, Florida. 24. In any legal action related to this Reimbursement Agreement, instituted by either party, the Local Government hereby waives any and all privileges and rights it may have under Chapter 47 and Section 337.19, Florida Statutes, relating to venue, as it now exists or may hereafter be amended, and any and all such privileges and rights it may have under any other statute, rule, or case law, including, but not limited to those grounded on convenience. Any such legal action may be brought in the appropriate Court in the county chosen by the Department and in the event that any such legal action is filed by the Local Government, the Local Government hereby consents to the transfer of venue to the county chosen by the Department upon the Department filing a motion requesting the same. 25. The parties hereby agree to bear their own attorney's fees and costs with respect to this Reimbursement Agreement. 26. The parties hereby agree and covenant that this Reimbursement Agreement is binding on the parties, their heirs- at-law, and their assigns and successors in interest as evidenced by their signatures and lawful executions below. 27. A modification or waiver of any of the provisions of this Reimbursement Agreement shall be effective only if made in writing and executed with the same formality as this Reimbursement Agreement. P132 28. Vendors/Contractors: 1. shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 29. The Local Government agrees to comply with s.20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with s.20.055(5), Florida Statutes. IN WITNESS WHEREOF, parties have executed this Agreement on the date first above written. LOCAL GOVERNMENT INDIAN RIVER COUNTY By: Name: JOSEPH E.FLESCHER Title: CHAIRMAN Attest: (SEAL) Approved as to Form, Legality And Execution: Local Government Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: HOWARD WEBB, P.E. Title: DIRECTOR OF OPERATIONS Attest: Executive Secretary Department Legal Review: Authorization Received From the Department's Comptroller as to Availability of Funds: Date P133 EXHIBIT A SCOPE OF SERVICES As a result of Hurricane Matthew, the County will perform "Emergency" signal repair work described in the signed Detailed Damage Inspection Reports (DDIR's) listed in Exhibit "F" to restore Federal Aid Roads damaged during Hurricane Matthew. The DEPARTMENT will seek the maximum amount of FHWA funding available for reimbursement to the County. The County will be responsible for verification of eligibility and costs and will submit the supporting documentation directly to the DEPARTMENT for review and approval. All work is subject to meeting eligibility criteria. It is the responsibility of the County performing the work to provide the documentation necessary to the DEPARTMENT to justify the eligibility of items of work and the actual costs incurred for the emergency work described in the DDIR's. The County will submit with each invoice and supporting documentation package certification of work completed and costs incurred. Exhibit "C" of this agreement will be used as the certification document. This document must be filled out completely and notarized. The County shall submit for payment with supporting documentation described above no more than ninety (90) days after work is completed or from the execution date of this Emergency Local Government Emergency Relief Reimbursement Agreement. P134 EXHIBIT B Audit Requirements FEDERALLY FUNDED CONTRACTS The administration of resources awarded by the Department to INDIAN RIVER COUNTY may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to INDIAN RIVER COUNTY regarding such audit. INDIAN RIVER COUNTY further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department's Office of Inspector General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular A-133, as revised) are to have audits done annually using the following criteria: In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT C to this agreement indicates Federal resources awarded through the Department by this agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. PART It: OTHER AUDIT REQUIREMENTS The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of Financial Services, and the. Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other P135 state official. PART III: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department at each of the following addresses: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSin leg Audit n dot.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. In the event that a copy of the reporting package for an audit required by PART I of this agreement and conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited schedule of expenditures of Federal awards directly to each of the following: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSinWeAudit@dot.state.fl.us In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department at each of the following addresses: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FDOTSineleAudit@dot.state.fl.us Copies of reports or the management letter required by PART III of this agreement shall be submitted by or on behalf of the recipient directly to: A. The Department at each of the following addresses: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 Email: FQ0TSingleAudit@dot.state.fl.us P136 4. Any reports, management letter, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 5. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART IV: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of at least five years from the date the audit report is issued, and shall allow the Department, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, CFO, or Auditor General upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. P137 EXHIBIT C FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the resources awarded to the recipient represent more than one Federal or State program, provide the same information for each program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance requirements for each program in the same manner as shown here: • (e.g., What services or purposes the resources must be used for) • (e.g., Eligibility requirements for recipients of the resources) • (Etc... ) NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. FEDERAL RESOURCES Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount DOT (Department of 20.205 $41,189.61 Transportation) Highway Planning and Construction Compliance Requirements 1. 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards http://www.ecfr.gov/ 2. OMB Circular A-133, Audits of States, Local Governments and Non -Profit Organizations http://www.whitehouse.gov/sites/defaulVfiles/omblassets/al 33/al 33revised2007. pdf 3. OMB Circular A-133 Compliance Supplement 2014 http://www.whitehouse.gov/omb/circulars/a 133compliancesupplement2Ol 4 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: 1. OMB Circular A-87 (Revised), Cost Principles for State, Local and Indian Tribal Governments http://www.whitehouse.gov/omb/circularsaO872004/. 2. OMB Circular A-102, Grants and Cooperative Agreements with State and Local Governments http://www.whitehouse.goviomb/circularsalO2/ 3. Title 23 — Highways, United States Code http://uscode. house.gov/browse/prelim@title23&edition=prelim 4. Title 49 — Transportation, United States Code hftp://uscode.house.gov/browse/prelim@title49&edition=prelim 5. Map -21 — Moving Ahead for Progress in the 21st Century, Public Law 112-141 http://www.gpo.gov/fdsys/pkg/PLAW-112pu bl141 /pdf/PLAW-112publ141. pdf 6. Federal Highway Administration — Florida Division hftp:/ANww.fhwa.dot.gov/fldiv/ 7. Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) https://www.fsrs.goW STATE RESOURCES State Agency Catalog of State Domestic Assistance (Number & Title) Amount to P138 Compliance Requirements ' 2. Matching Resources.for Federal Programs Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount Compliance Requirements 2. 3. NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.87(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient. P139 EXHIBIT D Federal Highway Administration Provision — Buy America Source of Supply - Steel (Federal -Aid Contracts Only): For Federal -aid Contracts, only use steel and iron produced in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product, beginning with the initial melding and mixing and continuing through the bending and coating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g., concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1% of the total Contract amount or$2,500, whichever is greater. These requirements are applicable to all steel and iron materials incorporated into the finished work, but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement that the product was produced entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $ 41,189.61. Furnish each such certification to the Engineer prior to incorporating the material into the project. When FHWA allows the use of foreign. steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project. 12 P140 Exhibit E REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS FHWA-1273 -- Revised May 1, 2012 I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII, Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design -build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. 13 P141 NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: 14 P142 a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. C. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 15 P143 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each_ d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion, 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants ! Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. is P144 b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to.document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non -minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. u P145 IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 "Contract provisions and related matters" with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics, Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. is P146 (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination, The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(ly) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be 19 P147 included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency., (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5,12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. 20 P148 The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. if the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL) Except as provided in 29 CFR S. 16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not 21 P149 subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference In this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 1a U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements.' No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages;. liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar 22 P150 day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. Vi. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting 23 P151 agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to histher health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT 24 P152 This provision is applicable to all Federal -aid construction contracts and to all related subcontracts By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it 25 P153 knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection -with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b: Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 3. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts- 180 and 1200. You may contact the person to 26 P154 which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or,general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epis.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 4. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 27 P155 a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. zs P156 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job -order is substantially modified, the participant shall promptly notify the State Employment Service, 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside -in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. 29 P157 EXHIBIT F Report Number DETAILED DAMAGE INSPECTION REPORT PIA W c,, rZ ! U.S. Depanma+t ' of 7raat HIjhfon Title 23, Federal -aid Highways);Sheet Fades! Htghway � Admintatratian I of Z i Location (Name of Road and Milepost) ' FHWA Disaster Number i i Inspection Date Description of Damage y ' ! Federal -aid Roulae Number State County k F L LMUu,,�Z14e Cost Estimate Description of Work to Dace I i Cast _ (Equipment, Labor, and Materials) i Unit j Unit Price Quantity t- ' Gomoleted Remafnino a X M, C W rn (D E ul (Local Forces State Forces [_� Contract 1 Local Forces ❑ State Forces Categorical Exclusion 7!M EAtEiS Recommendation �-- _ _ Eligible� �ineligible Concurrence _._ Yes No -Yes ..._ No Form FHWA-1547 (Rev. 4-98) PE/CE i Emergency Repair Total Subtotal Contract PEICE Right -of -Way Perm. Repair Totals _ - Estimated Total FHWA Engineer '-T_---��'-- Date Slate Engineer Date f, Local Agency Repyesentative date P158 . V% vr= 1 JA v C.! 44 s i tt o �c jt(1 mss+ vi: 1 S -3 4 2.j -W 1 Method Subtotal 1-73(-9 .%j4, (Local Forces State Forces [_� Contract 1 Local Forces ❑ State Forces Categorical Exclusion 7!M EAtEiS Recommendation �-- _ _ Eligible� �ineligible Concurrence _._ Yes No -Yes ..._ No Form FHWA-1547 (Rev. 4-98) PE/CE i Emergency Repair Total Subtotal Contract PEICE Right -of -Way Perm. Repair Totals _ - Estimated Total FHWA Engineer '-T_---��'-- Date Slate Engineer Date f, Local Agency Repyesentative date P158 DETAILED DAMAGE INSPECTION REPORT U.S. Department ' o+Transpowlstion(Title Fid Highs] i Fad23,ederal-away oral Highway i Administration Report Number Sheet L of z:: Location (N$me o/ Road and Milepost) kev'., " ,.� en �'•• �. FHWA Disaster Number PL 12 -- C 2 Inspection ate Description -criiption of Damage i {, j 1 Ai • -e { c (' V i• its 4"\ r2 �`�,,4? way;LL� `�,;71y�.+ia�'-tc� ` a Federal-ald Route umber �1\ 1t-.- �I State County ��� -- i Cost Estimate Descdplion of Work to Dale (Equipment. Labor. and Materials) Unit Unit Price t]uantity Cost _ Completed -T Remaining �iti._ ((V�„r`a\{• .,!(�t\.ta�ri V_'1 1•\_�{7.Nti �• i 04i t. aZT ZG:,3S %ice .+ (�( �� 4•Z`,: 4s'.. i M:rwa ' 13 47,.4 Q) a d E "Mot^hod" / : local Forces C] Slate Forces ° Subtotall't t I Contract PEKE Emergency Repair Total cj o. a �3 C n3 N a Method [� Local Forces ❑ State Forces contract Subtotal PEKE Right-of-Way Perm. Repair Totals �? Environmental Assessment Reoomm adation Categorical Exclusion -a' EA/EIS Estimated Total - Recommendation ✓Eligible -' Ineligible nrence __ Cocur r Yes _ ' No Concurrence Yes ------- Na�' _ F Engineer .-. St' eEngineer - cal Agenc/sen alive Date ; O i Da _11 26)%- i Form FHWA-1547 (Rev. 4.98) z RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF AN EMERGENCY LOCAL GOVERNMENT EMERGENCY RELIEF REIMBURSEMENT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR DAMAGES SUSTAINED TO TRAFFIC EQUIPMENT AS A RESULT OF HURRICANE MATTHEW. WHEREAS, Hurricane Matthew impacted Indian River County on October 6, 2016, causing damage to the County's traffic signal equipment; and WHEREAS, the Governor of Florida declared a state of emergency in the State of Florida because of Hurricane Matthew on October 3, 2016; and WHEREAS, the repair and/or replacement of traffic signal equipment is an Indian River County priority project; and WHEREAS, the Florida Department, of Transportation is prepared to provide funds to pay for a portion of the cost to repair and/or replace traffic signal equipment damaged by Hurricane Mathew via an Emergency Local Government Emergency Relief Reimbursement Agreement; and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County to execute and deliver to the State of Florida, Department of Transportation, an Emergency Local Government Emergency Relief Reimbursement Agreement for the aforementioned project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, an Emergency Local Government Emergency Relief Reimbursement Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Bob Solari Commissioner Tim Zorc who and, upon The Chairman thereupon declared the resolution passed and adopted this day of P160 RESOLUTION NO. 2097 - Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency William K. DeBraal Deputy County Attorney BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman 2 P161 Leslie R. Swan Supervisor of Elections Indian River County June 2, 2017 The Honorable Joseph Flescher, Chairman Board of County Commissioners Indian River County 1801 27'h Street Vero Beach, FL 32960-3388 Dear Chairman Flescher: I am seeking approval to combine two polling sites and relocate the voters residing in these precincts to the new state-of-the-art Intergenerational Recreation Center. Upon the Board of County Commissioner's approval, voters in Precinct 29 Morningstar Presbyterian Church, and voters in Precinct 28 Vero Beach Highlands P.O.A., will now vote on Election Day at the Intergenerational Recreation Center. The Intergenerational Recreation Center is fully equipped to handle a large volume of voters and use of this facility will eliminate the rental cost of the two current locations. Additional funds will be saved through the reduction of poll worker pay and voting equipment delivery costs. The time has come to relocate Precinct 18 St. Edwards School. Last year I met with the Principal, Michael Mersky, regarding concerns he expressed about the safety of the students and also with voter's not adhering to the school's traffic patterns. During the 2016 election cycle, the school required the Election's Office to hire a sheriff's deputy for security on Election Day for all three elections. We were also asked to send a mailing to the 3,300 voter's in Precinct 18 to address the traffic flow issues and to expect delays during student drop-off and pick-up on Election Day. Holy Cross Catholic Church has offered to serve as a polling site for the voter's in Precinct 18 which is in close proximity to the School. Upon the Board's approval, the Supervisor of Elections office would like to move forward with the relocation. The Elections Office, per F.S. 101.71(2), will mail a new voter information card to all voters residing within the precincts that are being relocated. I respectfully request the Board of County Commissioners approve the proposed relocation plan. At this time, I am also seeking the Board's approval to upgrade our ten remaining EViD "All -In -One" electronic polls books to the new EViD "Compact" units. By upgrading these remaining ten units, we will have uniformity with all models of our electronic poll books. The funds have been allocated in our current fiscal budget. Thank you for your consideration of my requests. Sincerely, Leslie Rossway Swan Supervisor of Elections 4375 43" Avenue • Vero Beach, FL 32967 1 Office: (772) 226-3440 1 Fax: (772) 770-5367 1 wrnwv.voteindiarinver.com P162 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: June 1, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Collier Creek Estates Subdivision (Utility Phase 2) and Harbor Point Subdivision (Utility Phase 3) Petition Water Assessment Project, Public Hearing and the Adoption of Resolution No. III BACKGROUND On May 2, 2017, the Indian River County Board of County Commissioners (BCC) approved the adoption of Resolution 1 (2017-039) and Resolution II (2017-040) for the remaining portion of Collier Creek Estates Subdivision (Utility Phase 2) and Harbor Point Subdivision (Utility Phase 3) Petition Water Assessment Project, located along Fleming Street between South Easy Street and Wave Street in Sebastian. Since the adoption of Resolution I and 11, staff mailed out letters to the sixty (60) benefitting property owners notifying them of the preliminary assessment roll and the subject public hearing. Included in the letter was an invitation to an informal meeting held on March 25, 2017, at the Sebastian Yacht Club, 820 Indian River Drive, where project details and financing options were discussed. ANALYSIS The remaining portion of Collier Creek Estates (Utility Phase 2) and Harbor Point (Utility Phase 3) Subdivision water assessment project has 60 benefitting parcels. During the petition process leading to the project status update at the April 11, 2017, BCC meeting, 36 of these 60 benefitting parcels, or 60%, signed in favor of the project. Between the time of that status and this public hearing, two more petitions were signed in the affirmative, thus bringing the total to 63% of the benefitting property owners in favor of the project. The parcels vary in size with an average parcel size of 0.58 acre. When combined with Phases 1, 1A and 113 of the Collier Creek water assessment project, the total approving the project equates to 138 out of 201 benefitting owners, or approximately 69%. According to current tax records, the 60 parcels consist of: • 13 vacant lots • 47 constructed single family homes The BCC, in its capacity to oversee the assessment process, shall meet as the equalizing board to hear and consider any and all support for, or complaints against, the proposed special assessments, and it shall adjust and equalize the special assessments on the basis of justice and right according to Indian River County Ordinance Chapter 206 (Special Assessments). The City of Sebastian City Council has been informed of the assessment process. On Wednesday, May 24, 2017, staff provided an update to the City Council of the BCC approval from May 2nd C:\Users\GRANIC-1\AppData\Local\Temp\BCL Tech nologies\easyPDF 7\@BCL@CC052506\@BCL@CC052506.docx P163 The subject assessment portion of the project will consist of installing approximately 2,781 linear feet of 8- inch,1,589 linear feet of 6 -inch, and 880 linear feet of 4 -inch PVC water main, with 4 fire hydrants as well as water services to each parcel. The proposed 8 -inch water main will connected to the existing 12 -inch main at the southwest corner of Wave Street and Fleming Street. The total project cost is estimated at $375,000, which includes construction, surveying, engineering, administration and inspection. Therefore, an equal per parcel cost of $6,250.00 will be levied against all 60 benefitting parcels once Resolution No. III is adopted. Staff has applied for the Florida Department of Environmental Protection (FDEP) permit. The right-of-way permit for the City of Sebastian has already been submitted. If the BCC authorizes staff to move forward with the project after the Public Hearing, then staff anticipates the following schedule (please note that these dates are estimations and could be subject to change): ➢ Advertise for bids —July, 2017 ➢ Award Contract—August, 2017 ➢ Notice to Proceed (NTP) — September, 2017 ➢ Substantial Completion — March 2018, or 180 calendar days from Notice to Proceed (NTP) ➢ Final Completion — April, 2018, or 210 calendar days from NTP ➢ Final As -Built Resolution (Resolution IV) to BCC—June, 2018 FUNDING: Funds forthis project are derived from the Assessment Fund. Assessment Fund revenues are generated from connection fees paid by the benefitting property owners. DESCRIPTION ACCOUNT NUMBER AMOUNT Collier Creek Water Assessment 473-169000-16515 $ 375,000.00 RECOMMENDATION Open the public hearing and after receiving input, consider adopting Resolution No. III with any revisions based on that public input. Staff recommends that the BCC consider the following options: 1) Adopt Resolution No. III with the following items: a. Cost per parcel of $6,250.00. b. Sixty (60) benefitting parcels as part of the special assessment lien. C. For benefitting parcels above in point b, allow property owners to finance the capital cost of $6,250.00 for up to 10 years, payable in ten equal yearly installments at an annual interest rate of 5.00% (set by the BCC each January). 2) Direct staff to combine utility phases 1, 1a, 1b, 2 and 3 into one bid package and advertise for bids. LIST OF ATTACHMENTS: 1. Confirming Resolution (Resolution No. III) 2. Assessment Roll C:\Users\GRANIC-1\AppData\Local\Temp\BCL Tech nologies\easyPDF 7\@BCL@CC052506\@BCL@CC052506.docx P164 Public Hearing (Third Reso.) RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, CONFIRMING THE SPECIAL ASSESSMENTS IN CONNECTION WITH A WATER MAIN EXTENSION FROM 101 BARBARA COURT TO AND INCLUDING 108 BARBARA COURT; 101 AREGA STREET TO AND INCLUDING 110 AREGA STREET; 201 AREGA STREET TO AND INCLUDING 213 AREGA STREET; 200 HUNT COURT TO AND INCLUDING 204 HUNT COURT; AND 201 BANKS COURT TO AND INCLUDING 203 BANKS COURT, WITHIN PORTIONS OF PHASES TWO AND SIX OF THE SUBDIVISION OF COLLIER CREEK ESTATES (UTILITY PHASE 2); AND PROVIDING FOR A WATER MAIN EXTENSION FROM 100 HARBOR POINT DRIVE TO AND INCLUDING 117 HARBOR POINT DRIVE; AND 900 S. FLEMING STREET TO AND INCLUDING 907 S. FLEMING STREET WITHIN HARBOR POINT SUBDIVISION (UTILITY PHASE 3), LOCATED WITHIN THE CITY OF SEBASTIAN, IN INDIAN RIVER COUNTY, FLORIDA; AND PROVIDING FOR SPECIAL ASSESSMENT LIENS TO BE MADE OF RECORD. WHEREAS, the Board of County Commissioners of Indian River County ('Board") has, by Resolution No. 2017-039 adopted on May 2, 2017, determined to make special assessments against certain properties to be specially benefited and serviced by a water main extension ("Assessment Project") from 101 Barbara Court to and including 108 Barbara Court; 101 Arega Street to and including 110 Arega Street; 201 Arega Street to and including 213 Arega Street; 200 Hunt Court to and including 204 Hunt Court; and 201 Banks Court to and including 203 Banks Court, within portions of Phases Two and Six of the subdivision of Collier Creek Estates (Utility Phase 2); and a water main extension from 100 Harbor Point Drive to and including 117 Harbor Point Drive; and 900 S. Fleming Street to and including 907 S. Fleming Street within Harbor Point Subdivision (Utility Phase 3), located within the City of Sebastian, in Indian River County, Florida ("the Assessment Area"); and WHEREAS, Resolution No. 2017-039 described the method of assessing the cost of the Assessment Project against the specially benefited properties in the Assessment Area and how the special assessments imposed on the specially benefited properties in the Assessment Area are to be paid; and WHEREAS, Resolution No. 2017-039 was published in the Indian River Press Journal on May 16, 2017, as required by Section 206.04, Indian River County Code; and WHEREAS, Resolution No. 2017-040, adopted by the Board on May 2, 2017, set a time and place for a public hearing at which the owners of the specially benefited properties in the Assessment Area to be assessed for the Assessment Project and other interested persons would have the chance to be heard as to the propriety and advisability of making the improvements, if not already made, the cost thereof, the manner of payment therefor and the amount to be assessed against each property, and for the Board to act as required by Section 206.07, Indian River County Code; and P165 RESOLUTION NO. 2017 - WHEREAS, notice of the time and place of the public hearing was published in the Indian River Press Journal on May 30, 2017 and on June 6, 2017 (at least twice, one week apart; the last being at least one week prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the land owners of record were mailed notices on May 3, 2017 (at least ten days prior to the hearing), as required by Section 206.06, Indian River County Code; and WHEREAS, the Board, on Tuesday, June 13, 2017, at 9:05 a.m. (or as soon thereafter as the public hearing was heard) conducted the public hearing with regard to the special assessments; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The foregoing recitals are affirmed and ratified in their entirety. 2. The special assessments imposed for the Assessment Project against the specially benefited properties in the Assessment Area shown on the assessment roll attached hereto as Exhibit "A" and incorporated herein by this reference are hereby confirmed and approved, and shall remain legal, valid, and binding first liens upon and against the specially benefited properties shown on attached Exhibit "A" until paid in full. The special assessments for the Assessment Project shall constitute a lien against the specially assessed property in the Assessment Area equal in rank and dignity with the liens of all state, county, district or municipal taxes, and other non -ad valorem assessments. Except as otherwise provided by law, such special assessment lien shall be superior in dignity to all other liens, titles and claims, until paid. The special assessment lien shall be deemed perfected upon adoption by the Board of this Resolution and recordation of this Resolution in the Official Records of the County maintained by the Clerk of Indian River County. Such recordation shall constitute prima facie evidence of the validity of the special assessments imposed for the Assessment Project in the Assessment Area. 3. The special .assessment imposed per parcel is in the amount of $6,250.00, and shall be due and payable and may be paid in full without interest within 90 days after the date of the passage of the as -built resolution by the Board. The as -built resolution occurs after completion of the improvements. If not paid in full within the 90 -day period from the passage of the as -built resolution, then the special assessment may be paid in ten equal yearly installments of principal plus interest; said interest rate to be determined by the Board when the improvements are completed. 4. The Board hereby finds and determines that the special assessments imposed in accordance with this Resolution and Resolution Nos. 2017-039 and 2017-040 provide an equitable method of funding the construction of the Assessment Project based upon the current uses, sizes, zoning and development potential of the parcels which are equally benefited by the provision of water, and thus the allocation of the assessment will be equal per parcel as described in Resolution No. 2017-039. The Board hereby finds and determines that the properties assessed by this Resolution will receive special benefits equal to or greater than the cost of the special assessment. 2 P166 RESOLUTION NO. 2017 - The resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Tim Zorc Commissioner Bob Solari The Chairman thereupon declared the resolution duly passed and adopted this day of June, 2017. Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and le fficiency: By eingold, County Attorney BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman Attachment: Exhibit "A° - Assessment, Roll (to be recorded on Public Records) P167 INDIAN RIVER COUNTY -- DEPARTMENT OF UTILITY SERVICES trr�'"'i4l PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Parcel # 31-38-13-00007-0000-00001.0 Assessment= $6,250.00 Owner KING, JOHN A (TR)(TOK) Secondary Owner #1 Secondary Owner #2 Mailing Address 901 S FLEMING ST SEBASTIAN FL 32958-5021 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 1 PBI/OR BK: PBI 14-77 Site Address 901 FLEMING ST Revision Date : 5/18/2017 Parcel # Owner 31-38-13-00007-0000-00002.0 CURTIS, WILLIAM R AND DAWN E Assessment= $6,250.00 Secondary Owner #1 Secondary Owner #2 Mailing Address 101 HARBOR POINT DR VERO BEACH FL 32958 Legal ) HARBOR POINT SUB BLK/BLDG LOT/UNIT: LOT PBI/OR BK: PBI 14-77 Site Address 101 HARBOR POINT DR Revision Date : 5/18/2017 Parcel # Owner 31-38-13-00007-0000-00003.0 LEA, BRUCE W AND ELEANOR Assessment= $6,250.00 Secondary Owner #1 Secondary Owner #2 Mailing Address 103 HARBOR POINT DR SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT: LOT 3 PBI/OR BK: PBI 14-77 Site Address 103 HARBOR POINT DR Revision Date : 5/18/2017 f:\U01i6es\UT1LtTY - Engineering\Projects - Assessment Projects\000Assessmencs_2.01% Proposed\02_PortionCollierCree1:_NaiborPnint\WordOocUment\Ort_PreliminarvAssessmen:P,oll_RESOLUTION-3_PorrtionCollie<reek_NarborPoint OS 1° 2 017.docx Thursday, Mav 18, 2017 INDIAN RIVER COUNTY— DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT? ,r tea✓ PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Parcel # 31-38-13-00007-0000-00004:0 Assessment= $6,250.00 Owner BUSH, LISA Secondary Owner #1 Secondary Owner #2 Mailing Address 105 HARBOR POINT DR SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 4 PBI/OR BK: PBI 14-77 Site Address 105 HARBOR POINT DR Revision Date : 5/18/2017 Parcel # 31-38-13-00007-0000-00005.0 Assessment= $6,250.00 Owner RANDOLPH, JAMES A (LE) AND BARBARA M (LE) Secondary Owner #1 RANDOLPH, BARBARA K (COTRS) Secondary Owner #2 RANDOLPH, JAMES A (COTRS) Mailing Address 107 HARBOR POINT DR SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT: LOT PBI/OR BK: PBI 14-77 Site Address 107 HARBOR POINT DR Revision Date.: 5/18/2017 Parcel # 31-38-13-00007-0000-00006.0 Assessment= $6,250.00 Owner MIHELICH, JOSEPH M AND KAREN A Secondary Owner #1 Secondary Owner #2 Mailing Address 109 HARBOR POINT DR SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG .: LOT/U NIT: LOT 6 PBI/OR BK: PBI 14-77 Site Address 109 HARBOR POINT DR Revision Date : 5/18/2017 FAUtilities\UTILITY - Engineering\Projects • Assessment Roil-RESOLUTION-3_Pot tiontollierCreef_HirborPoint OS 19 2 017.doctr Thu. sday, May 18, 2017 P169 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES 'Zs PORTION PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT _i PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Parcel # 31-38-13-00007-0000-00007.0 Assessment= $6,250,00 Owner ARLOTTA, MICHAEL AND TRACY Secondary Owner #1 Secondary Owner #2 Mailing Address 1-11 HARBOR POINT DR SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/U NIT: LOT 7 PBI/OR BK: PBI 14-77 Site Address 111 HARBOR POINT DR—Revision Date : 5/18/2017 Parcel # Owner 31-38-13-00007-0000-00008.0 CHERRY, LAWRENCE 1 AND JILL M Assessment= $6,250.00 Secondary Owner #1 Secondary Owner #2 Mailing Address 113 HARBOR POINT DR SEBASTIAN FL 32958-5017 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 8 PBI/OR BK: PBI 14-77 Site Address 113 HARBOR POINT DR Revision Date : 5/18/2017 Parcel # Owner 31-38-13-00007-0000-00009.0 PASCHALL, GREGORY S AND REBECCA A Assessment= $6,250.00 Secondary Owner #1 Secondary Owner #2 Mailing Address 115 HARBOR POINT DR SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 9 PBI/OR BK: PBI 14-77 Site Address 115 HARBOR POINT DRRavision pate : 5/18/2017 FAUtilities\UTiLITY . Engineering\Project', • Assessment Projects\000Assessments_2017 Proposed\02_PoitionCollie, Crcc::—liar bor?pint\WordOocament\0A_Prelim inaiVAssessmentRoll RE50LUTtON-3_PortionCollierCreel Harborpoint_05 18 2 017.docx Thursday, May 18. 7.017 P170 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICESf�' PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT'`;; PRELIMINARY ASSESSMENT ROLL— RESOLUTION 3 Parcel # 31-38-13-00007-0000-00010.0 Assessment= $6,250.00 Owner TAZZIA, NORMA P (TR)(TOK) Secondary Owner #1 Secondary Owner #2 Mailing Address 117 HARBOR POINT DR SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 10 PBI/OR BK: PBI 14-77 Site Address 117 HARBOR POINT DR Revision Date : 5/18/2017 Parcel # 31-38-13-00007-0000-00011.0 Assessment= $6,250.00 Owner GAMBRELL, LESLIE C AND DEBRA A Secondary Owner #1 Secondary Owner #2 Mailing Address 116 HARBOR POINT DR SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 11 PBI/OR BK: PBI 14-77 Site Address 116 HARBOR POINT DR Revision Date : 5/18/2017 Parcel # 31-38-13-00007-0000-00012.0 Assessment= $6,250.00 Owner GRIMALDI, RAYMOND V (TR)(TOK) AND MARCIAJ (TR)(TOK) Secondary Owner #1 Secondary Owner #2 Mailing Address 114 HARBOR POINT DR SEBASTIAN FL 32958-5017 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 12 PBI/OR BK: PBI 14-77 Site Address 114 HARBOR POINT DR Revision Date: 5/18/2017 FAU61ities\UTIIITY - Engineering\Projects - Assessment all_RESOLUTION— 3—Port ionCollierCreek_Ha rborPoint 05 18 2 01.1.dou Thursday, May 18, 2017 P171 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES �,A PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Parcel # 31-38-13-00007-0000-00013.0 Assessment= $6,250.00 Owner CLARK, ROBERT S AND DOROTHY C Secondary Owner #1 Secondary Owner #2 Mailing Address 112 HARBOR POINT DR SEBASTIAN FL 32958 ,Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT: LOT 13 PBI/OR BK: PBI 14-77 Site Address 112 HARBOR POINT DR Revision Date 5/18/2017 Parcel # 31-38-13-00007-0000-00014.0 Assessment= $6,250.00 Owner RAMSAY, MARIE (TR) Secondary Owner #1 Secondary Owner #2 Mailing Address 709 NE 18TH AVE FORT LAUDERDALE FL 33304 Legal HARBOR POINT SUB BLK/BLDG LOT/UNIT: LOT 14 PBI/OR BK: PBI 14-77 Site Address 110 HARBOR POINT DR Revision --- Date: 5/18/2017 Parcel # 31-38-13-00007-0000-00015.0 Assessment= $6,250.00 Owner MATHEWSON, MATTHIAS AND MAUREFN A Secondary Owner #1 Secondary Owner #2 Mailing Address 108 HARBOR POINT DR SEBASTIAN Fl. 32958 Legal HARBOR POINT SUB BLK/BLDG : — LOT/UNIT: LOT 15 PBI/OR BK: PBI 14-77 Site Address 108 HARBOR POINT DR Revision Date: 5/18/2017 F:\Utifi(ie.,\UT1t1TY - Englneering\Proiects - A ssessmen't Pfoiec*6\000ASsc-ssniciits-2017_Pcol)osc(l\OZ_PortionColliC-[Crec�,—H�i(borPoint\',Vord0ocunieiit\04 _Prclitiiinit'yAsspssrneiitRoil_RESOLUTION 3 PoftionColherCreek HarborPoint 05 11. 2 0j7jj0Cx Thursday, May 18, 2017 P172 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Parcel # 31-38-13-00007-0000-00016.0 Assessment= $6,250.00 Owner GROCHOWSKI, ALAN E Secondary Owner #1 SWEENEY-CSIKORTOS LYNN Secondary Owner #2 Mailing Address . 106 HARBOR POINT DR SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UN IT: LOT 16 PBI/OR BK: PBI 14-77 Site Address 106 HARBOR POINT DR Revision Date : 5/18/2017 Parcel # 31-38-13-00007-0000-00017.0 Assessment= $6,250.00 Owner LAVISKA, JOHN R JR AND NANCY A Secondary Owner #1 Secondary Owner #2 Mailing Address 104 HARBOR POINT DRIVE SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 17 PBI/OR BK: PBI 14-77 Site Address 104 HARBOR POINT DR Revision Date : 5/18/2017 Parcel # 31-38-13-00007-0000-00018.0 Assessment= $6,250.00 Owner MATTUCCI, ROBERT AND BARBARA Secondary Owner #1 Secondary Owner #2 Mailing Address 5361 N MESA DR CASTLE ROCK CO 80108 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 18 PBI/OR BK: PBI 14-77 Site Address 102 HARBOR POINT DR Revision Date : 5/18/2017 F:\Utilities\UTILITY - Engineering\Project; - Assessment Projects\OOOAssessmears_20.17-Proposec1\02_PoitionCollierCi�ek_HarborPoint\WordOocument\04_Prelin,iiiarynssessmentRoll_PESOI.UTIOh1 3_PortionCollie.,Creek HarborPoint 05 13 2 017.docx Thursday, May 15, 2017 P173 0 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES •"`' PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT ; PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Parcel # 31-38-13-00007-0000-00019.0 Assessment= $6,250.00 Owner SAMUELSON, DAVID A AND SHERRY A Secondary Owner #1 Secondary Owner #2 Mailing Address 100 HARBOR POINT DR SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT. LOT 19 PBI/OR BK: PBI 14-77 Site Address 100 HARBOR POINT DR Revision Date: 5/18/2017 Parcel # 31-38-13-00007-0000-00020.0 Assessment= $6,250.00 Owner MCELWAIN, BLANE & NANCY Secondary Owner #1 Secondary Owner #2. Mailing Address 907 S FLEMING ST SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BL'DG : LOT/UNIT : LOT 20 PBI/OR BK: 13131 14-77 Site Address 907 FLEMING ST Revision Date: 5/18/2017 Parcel # 31-38-13-00007-0000-00021.0 Assessment= $6,250.00 Owner DODD, CHARLES E AND DENISE S Secondary Owner #1 Secondary Owner #2 Mailing Address 906 FLEMING ST SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT: LOT 21 PBI/OR BK: PBI 14-77 Site Address 906 FLEMING ST Revision Date: 5/18/2017 F:\Utilities\tlnUri - Engineering\Projects - assessment Projects\OOOAssessments_2017 Proposed\02_PortionCollietCreek_tiarborPOint\LVordDocument\04_PreliminaryAssessmentRoll_RESOLUTIOI.1_3_PortionColliercreek_HarborPoint 05 12_2 017.docr. Thursday, May 18, 2017 P174 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT ">{ PRELIMINARY ASSESSMENT ROLL—RESOLUTION 3 Parcel # 31-38-13-00007-0000-00022.0 Assessment= $6,250.00 Owner GRAHAM, ROBERT AND VICKI Secondary Owner #1 Secondary Owner #2 Mailing Address 904 S FLEMMING ST SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 22 PBI/OR BK: PBI 14-77 Site Address 904 FLEMING ST Revision Date.: 5/18/2017 Parcel # 31-38-13-00007-0000-00023.0 Assessment= $6,250.00 Owner KNOTTS, DAVID D AND DIANE M Secondary Owner #1 Secondary Owner #2 Mailing Address 902 FLEMING ST SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT: LOT,23 PBI/OR BK: PBI 14-77 Site Address 902 FLEMING ST Revision Date : 5/18/2017 Parcel # 31-38-13-00007-0000-00024.0 Assessment= $6,250.00 Owner BRINK, THOMAS A & NANCY J Secondary Owner #1 Secondary Owner #2 Mailing Address 900 FLEMING ST SEBASTIAN FL 32958 Legal HARBOR POINT SUB BLK/BLDG : LOT/UNIT : LOT 24 PBI/OR BK: PBI 14-77 Site Address 900 FLEMING ST Revision Date : 5/18/2017 F:\Utilities\UTILITY - Engineering\Project; - Assessment toll RESOLUTION -3 PortionCollierCreek_HarborPoint 05 18 2 017.docx Thursday, May 18, 2017 P175 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES .'..�: PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Parcel # 31-39-18-00006-0003-00001.0 Assessment= $6,250.00 Owner GLEASON, SHELDON L & Secondary Owner #1 GLEASON, JAMES E Secondary Owner #2 Mailing Address 101 BARBARA CT SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK C LOT/UNIT: LOT 1 PBI/OR BK: PBI 15-39 Site Address 101 BARBARA CT Revision Date : 5/18/2017 Parcel # 31-39-18-00006-0003-00002.0 Assessment= $6,250.00 Owner AGHA, TAHIR H QIZILBASH & Secondary Owner #1 QIZILBASH, ZAKIA B Secondary Owner #2 Mailing Address 103 BARBARA CT SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK C LOT/UNIT : LOT 2 PBI/OR BK: PBI 15-39 Site Address 103 BARBARA CT Revision Date : 5/18/2017 Parcel # 31-39-18-00006-0003-00003.0 Assessment= $6,250.00 Owner HULL, RICHARD G AND MUNICENT E Secondary Owner #1 Secondary Owner #2 Mailing Address 105 BARBARA CT SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK C LOT/UNIT: LOT 3 PBI/OR BK: PBI 15-39 Site Address 105 BARBARA CT Revision Date : 5/18/2017 's\UTILITY - Engineering\Projects - Assessment _;_PortionCa1112iCreek-tIorb ofPoint OS 18_2 O17.docx Thursday, May 18, 2017 P176 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT i PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Parcel # 31-39-18-00006-0003-00004.0 Assessment= $6,250.00 Owner SMITH, MICHAEL J JR AND ANGELA MARIE Secondary Owner #1 Secondary Owner #2 Mailing Address 107 BARBARA CT SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK C LOT/UNIT : LOT 4 PBI/OR BK: PBI 15-39 Site Address 107 BARBARA CT Revision Date : 5/18/2017 Parcel # Owner 31-39-18-00006-0003-00005.0 MCCARDELL, JAMES R & Assessment= $6,250.00 Secondary Owner #1 WOOD, PAMELA H Secondary Owner #2 Mailing Address 108 BARBARA CT SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO- -BLK/BLDG : BLK C LOT/UNIT : LOT 5 PBI/OR BK: PBI 15-39 Site Address 108 BARBARA CT Revision Date : 5/18/2017 Parcel # 31-39-18-00006-0003-00006.0 Assessment= $6,250.00 Owner PRUDENTI, ANTHONY AND ELIZABETH Secondary Owner #1 Secondary Owner #2 Mailing Address 106 BARBARA CT SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK C LOT/UNIT: LOT PBI/OR BK: PBI 15-39 Site Address 106 BARBARA CT Revision Date : 5/18/2017 FAUtifides\UTILITY - Engineering\Projects - Assessment Project ;\OOOAssewn etit s_2017_Proposed\02_PortionColtierCreek_HarborPoint\t4lord0ocutit ent\04_PreliminaryAssessmentRoll_RESOLUTIOM_3_PortionCollierC eek_HarborPoir,t_05 13_2 017.docx Thursday, May 18, 2017 P177 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Parcel # 31-39-18-00006-0003-00007.0 Assessment= $6,250.00 Owner Confidential Secondary Owner #1 Secondary Owner #2 Mailing Address Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK C LOT/UNIT: LOT 7 PBI/OR BK: PBI 15-39 Site Address Revision Date 5/18/2017 Parcel # 31-39-18-00006-0003-00008.0 Assessment= $6,250.00 Owner KELLY, JAMES J AND JOANNE Secondary Owner #1 Secondary Owner #2 Mailing Address 102 BARBARA CT P.O. BOX 1386 SAGHARBOR, NY 11963 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG: BLK C LOT/UNIT: LOT 8 PBI/OR BK: PBI 15-39 Site Address 102 BARBARA CT Revision Date 5/18/2017 Parcel # 31-39-18-00006-0004-00001.0 Assessment= $6,250.00 Owner BROSKO, STANLEY J & Secondary Owner #1 PARSONS, MARI Secondary Owner #2 Mailing Address 113 S WIMBROW DR SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK D LOT/UNIT: LOT 1 PBI/OR BK: PBI 15-39 Site Address 101 AREGA ST Revision Date: 5/18/2017 F:\Utf1jtie5\UT1LnY • Engine cring\Projects - Assesment Project s\OGOAssessmieiits_2017_Proposed\02_PortiotiColliet Ct eek_Hai borPoint\VVor(IDocunieiit\04_Przliiiiiiiar VA ssCs.-,,nientRoll_RESOLUTIOP)_3_Po(tionCollierC reCk_HarborPoint_05_1 3_2 017.docx Thursday, May 13, 2017 MW INDIAN RIVER COUNTY - DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK - HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL - RESOLUTION 3 V iFiw Parcel # Owner 31-39-18-00006-0004-00002.0 PURAKOVICS, JOHN AND LINDSAY Assessment=- $6,250.00 Secondary Owner #1 Secondary Owner #2 Mailing Address 103 AREGA ST SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK D LOT/UNIT: LOT 2 PBI/OR BK: PBI 15-39 Site Address 103 AREGA ST Revision Date 5/18/2017 Parcel # Owner 31-39-18-00006-0004-00003.0 DEMPSEY, DOROTHY M AND MARK E Assessment= $6,250.00 Secondary Owner #1 Secondary Owner #2 Mailing Address 105 AREGA ST SEBASTIAN FL 32958 Legal -COLLIER CREEK ESTATES PHASE TWO BLK/BLDG: BLK D LOT/UNIT: LOT 3 PBI/OR BK: PBI 15-39 Site Address 105 AREGA ST Revision Date 5/18/2017 Parcel # Owner 31-39-18-00006-0004-00004.0 ALTVATER, HENRY L AND EDITH E -Assessment= $6,250-00 Secondary Owner #1 Secondary Owner #2 Mailing Address 202 CHELLO AVE SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK D LOT/UNIT: LOT 4 PBI/OR BK: PBI 15-39 Site . te Address 107 AREGA ST Revision Date 5/18/2017 L-------------------- — - L 7 Proposcd\02 Po�t,orjColliCrCjrC.:!j,, Ha F;\UtilitieS\UTlLlTY - Enginei:ring',Proi.-cls - AssesSment rborPo in t\WordDoctjm C nt\04 _P rell ii iinaryAsscss rn e nt Roll_ RE SO LUTION_3_Por fiooCollierC reek _Ha rl)o, Poin t_05_1E 2 017.docx Thursday, May 18, 2017 P179 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Parcel # 31-39-18-00006-0004-00005.0 Assessment= $6,250.00 Owner PAUL, ANDREW (LE) AND BARBARA (LE) Secondary Owner #1 PAUL, ANDREW H III Secondary Owner #2 PAUL, NEIL R 11 Mailing Address 109 AREGA ST SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG: BLK D LOT/UNIT: LOT 5 PBI/OR BK: PBI 15-39 Site Address 109 AREGA ST Revision Date 5/18/2017 Parcel # 31-39-1&00006-0004-00006.0 Assessment= $6,250.00 Owner DUNN, DEAN LAND LAURA Secondary Owner #1 Secondary Owner #2 Mailing Address 110 AREGA ST SEBASTIAN FL 32958-5026 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK D LOT/UNIT: LOT 6 PBI/OR BK: PBI 15-39 Site Address 110 AREGA ST- Revision Date: 5/18/2017 Parcel # 31739-18-00006-0004-00007.0 Assessment= $6,250.00 Owner HOULISTON, WILLIAM & Secondary Owner #1 ROGAN, TRACEY ELLEN Secondary, Owner #2 Mailing Address 1701 NE 115TH ST APT 36 MIAMI Fl. 33181 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG: BLK D LOT/LINIT: LOT 7 PBI/OR BK: PBI 15-39 Site Address 108 AREGA ST Revision Date: 5/18/2017 F:\Uflli z ie5xUTlU-tY Projects'XUOOAssessiiieiits_2017_Prol)osed\02_PortionCollietCreLlk_HarborPoint\'%OordDoctiniciit\04_Prclitiiiii,ip,/A;Sc;snient-Rall-RES OLUTION_3-Pot tionCollieiCreek_HarborPoir.t_05_19_2 0 1 7.docx Thursday, May 1% 2017 P180 IL— --- - --- -- — — — -- — — — -- — -- -- — — -- -- -- INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES * �. :r PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT ..i PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Parcel # 31-39-18-00006-0004-00008.0 Assessment= $6,250.00 Owner PALLON, ANTHONY C JR AND KAREN T Secondary Owner #1 Secondary Owner #2 Mailing Address 106 AREGA ST SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK D LOT/UNIT : LOT 8 PBI/OR BK: PBI 15-39 Site Address 106 AREGA ST Revision Date: 5/18/2017 Parcel # 31-39-18-00006-0004-00009.0 Assessment= $6,250.00 Owner KAPALKA, THADDEUS J Secondary Owner #1 Secondary - Owner #2 Mailing Address 104 AREGA ST SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK D LOT/UNIT : LOT 9 PBI/OR BK: PBI 15-39 Site Address 104 AREGA ST Revision Date : 5/18/2017 Parcel # 31-39-18-00006-0004-00010.0 Assessment= $6,250.00 Owner BENNETT-CROSDALE, DIANA {TRS} Secondary Owner #1 Secondary Owner #2 Mailing Address 6932 NW DAFFODIL LN PORT ST LUCIE FL 34983 Legal COLLIER CREEK ESTATES PHASE TWO BLK/BLDG : BLK D LOT/UNIT : LOT 10 PBI/OR BK: PBI 15-39 Site Address 102 AREGA ST Revision Date: 5/18/2017 TY - Engineering\Projects - Assessmen[ ioncollierCreek_HarborPoi nt 05_13 2 017.docx Thursday, rviay 1,9, 2017 INDIAN RIVER COUNTY— DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Parcel # 31-39-18-00011-0005-00001.0 Assessment= $6,250.00 Owner KELLER, PATRICIA A AND ARTHUR V Secondary Owner #1 Secondary Owner #2 Mailing Address 136 REGATTA ST MELBOURNE BEACH FL 32951 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 1 PBI/OR BK: PBI 17-76 Site Address 200 HUNT CT Revision Date : 5/18/2017 Parcel # 31-39-18-00011-0005-00002.0 Assessment= $6,250.00 Owner KELLER, PATRICIA A AND ARTHUR V Secondary Owner #1 Secondary Owner #2 Mailing Address 136 REGATTA ST MELBOURNE BEACH FL 32951 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 2 PBI/OR BK: PBI 17-76 Site Address 202 HUNT CT Revision Date : 5/18/2017 Parcel # 31-39-18-00011-0005-00003.0 Assessment= $6,250.00 Owner SAVAGE, JAMES A & GRACE A Secondary Owner #i Secondary Owner #2 Mailing Address 204 HUNT CT SEBASTIAN FL 32958-5106 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 3 PBI/OR BK: PBI 17-76 Site Address 204 HUNT CT Revision Date: 5/18/2017 FAUtilities\UTILITY - Engineering\Projects - Assessment Project s\000Assessments_2017_Proposed\02_PortionCollierCreek_HarborPoi,rt\VJordDocument\Oa_PreliminaryAssessmcntRoll_RE;Ot11110A1_3_PortionCollierCroe k_HarborPoint_05_13 2 017.docx Thursday, AAa'y 18, 2017 P182 i r INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL— RESOLUTION 3 Parcel # 31-39-18-00011-0005-00004.0 Assessment= $6,250.00 Owner FROST, GEOFFREY TAND LOREN L Secondary Owner #1 Secondary Owner #2 Mailing Address 1076 STONE ST RAHWAY NJ 07065 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 4 PBI/OR BK: PBI 17-76 Site Address 203 HUNT CT Revision Date: 5/18/2017 Parcel # 31-39-18-00011-0005-00005.0 Assessment= $6,250.00 Owner FRANKLIN, RICHARD A Secondary Owner #1 Secondary Owner #2 Mailing Address 756 LAYPORT DR SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT: LOT 5 PBI/OR BK: PBI 17-76 Site Address 201 HUNT CT Revision Date : 5/18/2017 Parcel # 31-39-18-00011-0005-00006.0 Assessment= $6,250.00 Owner BRADSTREET, RONALD W (TR) Secondary Owner #1 Secondary Owner #2 Mailing Address PO BOX 7121 LACONIA NH 03247-7121 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 6 PBI/OR_ BK: PBI 17-76 Site Address 208 AREGA ST Revision Date: 5/18/2017 k\Utlliues\UTILITY - Engineering\Projects - Assesanent Proiecs\OOOAssessments_2017_Proposed\02_PoruonColllerC reek_HerborPoint\wordDocument\04_PreliminaryAssessmentRoll_ AES0LUT10?1_3_Por uonCollierCreel,Harborpoint_OS_13 2 017.docx Thursday, May 18, 2017 P183 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Parcel # 31-39-18-00011-0005-00007.0 Assessment= $6,250.00 Owner Confidential Secondary Owner #1 Secondary Owner #2 Mailing Address Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 7 PBI/OR BK: PBI 17-76 Site Address Revision Date : 5/18/2017 Parcel # 31-39-18-00011-0005-00008.0 Assessment= $6,250.00 Owner HEINZ, DENNIS S & Secondary Owner #1 GREER, GRETA C Secondary Owner #2 Mailing Address 1369 OLD TOWN RD BLOCK ISLAND RI 02807 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 8 PBI/OR BK: PBI 17-76 Site Address 212 AREGA ST Revision Date : 5/18/2017 Parcel # 31-39-18-00011-0005-00009.0 Assessment= $6,250.00 Owner TEMPESTA, MATTHEW Secondary Owner #1 Secondary Owner #2 Mailing Address 229 POND VIEW LN SMITHTOWN NY 11787 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 9 PBI/OR BK: PBI 17-76 Site Address 213 AREGA ST Revision Date: 5/18/2017 FAUtilities\UTILITY - EngineeringlProiects - Asses;rnent Projects\OOOAssesstrrents-2017-Proposed\02_Po,honCollierCreeY. HarhnrPoint\\'JordDocun,ent\Oa Preliminar,/Assessmentkoll RF�SOLUTIOi,: 3_PortionCollierCreefc_HarhorPoint_05_18 2 017.docz Thursday, May 18, 2017 MTj. INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT Aft, PRELIMINARY ASSESSMENT ROLL— RESOLUTION 3 �'P= Parcel # 31-39-18-00011-0005-00010.0 Assessment= $6,250.00 Owner LEMOI, RUSSELL G AND PATRICIA M Secondary Owner #1 Secondary Owner #2 Mailing Address 211 AREGA ST SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT: LOT 10 PBI/OR BK: POI 17-76 Site Address 211 AREGA ST Revision Date: 5/18/2017 Parcel .# Owner 31-39-18-00011-0005-000ll.0 ZAIDI, SYED IRFAN (COTRS)(TOK) AND MUNAWAR SULTANA (COTRS)(TOK) Assessment= $6,250.00 Secondary. Owner #1 Secondary Owner #2 Mailing Address 209 AREGA STREET SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/LINIT: LOT 11 PBI/OR BK: PBI 17-76 Site Address 209 AREGA ST Revision Date: 5/18/2017 Parcel # Owner 31-39-18-00011-0005-00012.0 FRANKLIN, RICHARD -Assessment= $6,250.00 Secondary Owner #2 Secondary Owner #2 Mailing Address 756 LAYPORT DR SEBASTIAN FL 32958 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 12 PBI/OR BK: PBI 17-76 Site Address 207 AREGA ST Revision Date: 5/18/2017 F:\Uii1i0eiA,UT1L1'rV - Engmeermg\Ptoject ; - ;,55essment ES0L1JT10N-3_Poi tionCollierCreelc-'iirbo(Poi-it_05_ i8 2 01 7.docx Thursday, May 18: 2017 P185 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT PRELIMINARY ASSESSMENT ROLL — RESOLUTION 3 Parcel # 31-39-18-00011-0005-00013.0 Assessment= $6,250.00 Owner MITCHELL, SEAN P Secondary Owner #1 Secondary Owner #2 Mailing Address 82-76 61ST RD MIDDLE VILLAGE NY 11379 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 13 PBI/OR BK: PBI 17-76 Site Address 205 AREGA ST Revision Date : 5/18/2017 Parcel # 31-39-18-00011-0005-00014.0 Assessment= $6,250.00 Owner KELLER, PATRICIA A AND ARTHUR V Secondary Owner #1 Secondary Owner #2 Mailing Address 136 REGATTA ST MELBOURNE FL 32951 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 14 PBI/OR BK: PBI 17-76 Site Address 203 AREGA ST Revision Date : 5/18/2017 Parcel # 31-39-18-00011-0005-00015.0 Assessment= $6,250.00 Owner KELLER, PATRICIA A AND ARTHUR V Secondary Owner #1 Secondary Owner #2 Mailing Address 136 REGATTA ST MELBOURNE FL 32951 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 15 PBI/OR BK: PBI 17-76 Site Address 201 AREGA ST Revision Date: 5/18/2017 F:\Utiliues\UTILITY - Engineering\Projects - Assessment Projects\0004ssessments_2017_Proposed\02 PortionCollier Creet:_Ha:borP'oint\lVordOpcument\0•'•_PrelintinaryaSseSsmentR011_R.ESOLUTIOPI-3_PottionCollierCrcel: H,rborPoint_OS_18 1. 017.docx Thursday, May 18, 2017 P186 INDIAN RIVER COUNTY — DEPARTMENT OF UTILITY SERVICES y •* -A PORTION COLLIER CREEK — HARBOR POINT WATER ASSESSMENT PROJECT i" "i"'.+ PRELIMINARY ASSESSMENT ROLL— RESOLUTION 3'°"='� Parcel # 31-39-18-00011-0005-00016.0 Assessment= $6,250.00 Owner WEISMAN, RICHARD & DIANE Secondary Owner #1 Secondary Owner #2 Mailing Address 1502 QUIESCENT LN SEBASTIAN FL 32958-6551 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 16 PBI/OR BK: PBI 17-76 Site Address 202 BANKS CT Revision Date: 5/18/2017 Parcel # 31-39-18-00011-0005-00017.0 Assessment= $6,250.00 Owner Confidential Secondary Owner #1 Secondary Owner #2 Mailing Address Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : LOT 17 PBI/OR BK: PBI 17-76 Site Address Revision Date: 5/18/2017 Parcel # Owner 31-39-18-00011-0005-00018.0 HANBY, JOSEPH AND BRENDA Assessment= $6,250.00 Secondary Owner #1 Secondary Owner #2 Mailing Address 102 HOLLOW OAK TRAIL EDGEWATER FL 32141 Legal COLLIER CREEK ESTATES PHASE SIX BLK/BLDG : BLK E LOT/UNIT : 'LOT 18 PBI/OR BK: PBI 17-76 Site Address 201 BANKS CT Revision Date: 5/18/2017 Project;\Oppgsessments_7.017Proposed;p2_Por;ionCollieiCreek_HarborPoint\ydord0ocument\04 PreiiminarVAssessmentRoll_RE5F:\Utiliti�,\UTlLtTY • Engineering\Projects - Assessment 0LUTl0ilw3 PortionCcllieiCreek H_arborPoint 05 1° 2 017.docx Thursday, May 18, 2017 P187 Treasure Coast Newspapers I TCPj Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OFINDIAN RIVER Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of secu ing this advertisement for publication in the, cild newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Cooyline PO # 461741- INDIAN RIVER CO ATTORNEYS OFC 1609573 Hearing 6/13/17: Barbara Court Hearing: 6/13/17 Pub Dates May 30, 2017_. June 6, 17 Swo to an su cribed beforethis day une OS, 2017, by Sherri Cipr ni (X) personally known tome or ( ) who has produced who is as identification. W Joyce Klein Notary Public 0�1 �•i'rs LINDA JOYCE KLEIN �' Notary Public - State of Florida �Commission # GG 081422 61rJMy Comm. Expires Mar 9,2021 �'` Nondedthrough National Notary Assn, ftiec�:, , JUN 0 9 2017 coU ivrY.47--p- 06QC"1N y,S O d O ..99�II V 0 Q syR � m U r_ M N afw 0 Q L 4) z c x N t ((i 0 0 0O Q 0) a> a ¢ U') o • M � � X a v a Z r Z L: N �� Z Eo Z m o a EA N O Q S iz U 20 Tuesday, lune 6, 2017 Treason Coast Newspaper '(Notice TOCreditors otic¢ To Gredi�rs 'Notice7o Creditors ubllcNotice5 - Public Notltvs "It Nle their claims with IN THE CIRCUIT COURT FOR AFTERTHEDATEOFSERVICE IN 3 COUNTY, OF THIS NOTICE AFTERU NOTICEOFPUBLICHEAPING ested parties may be heard t0 the proposed THETDATE OfTHEFLORIDAIVER FIRST PUBUCATION OF THIS ON THEMPY PROBATE DIWSION All other creditors of the SPECION ALASSESSMENT Pral cLpect NOTICE ALL CWMS NOT FILED WITH- FlI<No_ 2017CPO `M" decedent and Other Person having Balms .r tlemsntls NOTICE IS HEREBY GIVEN that Me Board of County Com- Am' prODosed documents, Including the tlescoption IN THE TIME PERIODS SET tt3]FO R702 W/LLreBE IN RE ESTATE OF a0ainst decedent's estate �w D<CCCased.GELE, must 1MI1ners of Indian River . I idag ill of each Drop, A to be adazse5sed oaeacmount SECTION FOREVER BARRED. is c0ur, WITXINI3IMONTHS AFTER THE DATE OF THE APubfHa conductside, mCDrovby a pedal assess- besad oroo- [y� ayy be ceft F j NOTWITHSTANDING THE TIME PERIOD SET FORTH ABOVE NOTICETOCREDITORS FIRST PUBLICATION OF THIS The dministra[Ion f the NOTICE t proles[ In connection Rh a water main exteasian by Me pubRP during raglan, business hours (8:30 am. to ANY CWM FILED TWO slate of Will A. Vae0a ALL CLAIMS NOT FILED WITH- le, From lot Barbara Court to S:DO p.m., Monday througph YEARS OR MORE AFTER THE HE DECEDENTIS DATE OF DEATH tleceazed, whose date oT IN THE TIME PERIODS SET tleMh was Me FORTH IN FLORIDA STATUTES and including 109 Barba- Court; 101 Arega S4eet Fd0ay) a[ Me Office of Me Cler'Nelh d!.f County IS DARRE0. Thedate Oftlrstpublicatioaof d whose tial ¢tori- SECTION ]33.702 WILL BE tyy number are xxx-xx—, is FOREVER BARRED. m and Including Il0 Aregy Street, 201 Arega 54eas [0 C isslono- Iocate0 on M second Nyoor o/euildo this notice is June 6, 2011, PEEMOD SET FORTH THE forinldian River Comyit .Flory NOTWITHSTANDING and StreeFL00HuntC urttoand Coaor e; 1801 27th 5tnat- 54eet, Personal Re......tadve: Joseph Guarino Ida Probate DlvisiDn, the ANY CLAIM FlLID TWO (1) f is Inclutl�ny 209 Hunt Cour VeroBeacA, Floritla. 55920th Cour add IS.sof, which 20001fith YEARS OR MORE AFTER THE Avenue. Vero Beach, Flori- DECEDENT'S DATE OF DEATH d 20l B ks Court to anb Indutlbgp 303 Banks Court, Anyone who y wish to Att._,.rPeVerb rs0nalltla 32962 addresses' 11 the vname s.nadl The d� oI li publication of Two lanE 51x1 of Ne wbdIvi- aP Y be made deals meeP NlDreseabadn: Georg A. Glenn rearesentative and the Der- this notice IS Lune 6, 2011. so al repreaentative's Ali.ry Ion of Collier Cre¢k Estates (Utility Phase 2); and ewatIF bel w0l need tO enure that erba[Im ec rd of the E -Mall Atltlress dysmithWgglemnlaw.com ey are set forth below. Personal Pewesentative: All creditors of the decedent David Voepele I etensioa tram 100 Harbor volnt Drive to and plr.ceedlage is made^whkh duties testimony a d evk E -Mall Address Nlinp Oypgilmdaw.com and otheF persons havingy 9Arthur Lane lalms tlemantls against M9lon, Vermont 05,68 Indutling 111 Har0oF Point Drive d 900 S. Fleminy ,lance upDonwhich the ap0eal Is base3 Florid Bar No.i""" Eecedenrs Estate on whom Attomey for Personal Street to d inclu0ing 907 Law Offices of George A. Glenn a c pY f this n [ice Is RepresenneUv" Oulred to be served must Georg9e A. Glenn S. Fleming S4ea, within Har- Dor Point Subdivlslon (UUllry Anyone Who necds aspecial accommodation for this 216515th Avenue Ver09eact4 Florida 32960 file Neir claims with this EMaB Address rt WITHIN THE LATER OF WW�� 'Ih9)pglermiaw.cOm EMall nodrcss Phase 3). located within Me Clty at Sebastian In Indian secs s must contact the Countryy Amlrledn3 With Telephone: (712)569-0,12 pub: 153111 13,2017 3 MONTHS AFTER iXE TIME Of THE FIRST PUBLICATION Flingss��ooplennlaw.cam River County, Florida. DlsabOltles Acl (ADy COory dinator at 1/2526-1223 at TCN 1631120 Oi THIS NOTICE OR 30 DAYS Flon0a Bar No. 334340 leve OFNces of George The Public Headngwill be held On Tuesday lune 13, 2017 at least 49 hours in advance OF Me meeting. Notice(C. IU ¢ following Individuals have been ldentiged az persons who are potentially ineligible t0 be registered N vote: Micea, M.O. A 2929 SE Ocean Blvd 125-6 Stuart,34996 Berger, Alexander M InAierr AH'ai, itahR Goodbread. Susan M Robe Snundus St 455 Harlan, Ronald E 1701 SE Jackson St S..M 34997 KIWI, Kristen I. M42 SESandcastle Cir ..be Sound. 33455 Lauriston JR, Rodney E 96 SW Allapattah Rd Intliantown, 3y49Y% Lono. Krystal D gym C51y. 34990 Rd Michael; Samantha K 2325 NIEBTre, Say Mlncey,Tammyl. 29226 I9Sf—tt 19l Trefdrer Ill, Regls D 80 SE St Luci Blvd White, William 90015W Fox Brown Rd Indiantown, 349M Pit— oft ElicSaution of Mims Na[Icie toefpNyao with batn thiin, Su..ryrsor 0eDecGoro between Me Iwurs o/8:00 a.m. to 5:00 P.m. Monday through Friday, at the Office of the Suye Icor f Elections lacaterl at 135 SE Martin LUMer King, la Blvd.. SNart. FL. br the purpose of woviding Information ,bowing why your name should not be removed from the vale, Yourrl fail�urento appear before the Supervisor Of Elections az imam the v his NoticbaXadrall t in Me removM of '- name RIM Statutes9The Suyervi s r Of Efections¢dtan De —c1h d Putilune238-1 Tfarfullerinton—thmorassistance. TCN 1634564 A. Glenn 9:05 a.m., or as soon Nere- 216515MA-0,6e If¢r as the matter maYY be INDIAN RIVER COUNTY BOARD Vero Beach, Floritla 32960 dear, In Ne LDuntY Co - OF COUNTY COMMISSIONERS Telephane:(]72) 56-0442 no 'o Chambers located JOSEPH E FLFSCHER, Pub:June 6, 13,201] Me frit Flow o/BUIWing CHAIRMAN TCN 1631219 Am of Me County Atlminls- Pub: May 30, June 6, 2017 trathe Complex, 1801 ZTth TCN 1609573 Stree4 V¢an Bach, Florida BEFORE THE 9OAPD OF ]3960, at which time Inter ZONING ADJUSTMENT MARTIN COUNTY, FLORIDA NOTICE OF PUBLIC HEARING Su'`ec by Da" eat arr eno berly Car to reduce Me [back r mu`, 5 f Land Development P gala noto,. Martin Ca..ry Codeyy. Residential Diitrlteto permlit the exlstlmg enwoachmen[s to Ma front and east side yard setbacks by the carport me S. El a' lot Iowted at 'Elf, i- Ear Street. Hobe Legal 0¢scrip[l.n: Lot E-51, THE PAPAYA VILLAGE, a rdinp to the Plat [here - 4 f, as recortled In Plat Book Pap00 14. f the Public RecOrE of Martin County. Florida. Time end Date: 1:00 az y b e heaaftrd' I Th day. Laos 21, 201] AdaPlace: Martin C'1= 2401 SE Monte Center StuartEFloridarey Read P, . Pub. June 6.2017 TCN 1633389 Lucky finds here Seek and find that unexpected pot of gold. Browse about and be ready to grab I Your lucky discovery is closer than you think with easyLread Localfieds. 1�`1— 2- My name is Patricia Keller and my husband and I owned 4 lots during the creation of this new Water Assessment area in Collier Creek and Harbor Point. On 3/15/2017 we were notified for first time by an email sent from Vincent Burke regarding this new water assessment area. In the email Mr. Burke states "Those 60 parcels cannot be automatically added to the project and need a 2/3 favorable majority for water to create a new assessment area. Multiple assessment steps, as required for the phase 1,1a,1b project would similarly be required for this new area." He also mentions that some people wanting water may be'polling the area and soliciting property owners. We were never polled or solicited because we do not live in Collier Creek. We received in the mail a letter dated 5/1/2017 from the Indian River County Utility Dept. regarding a Public Hearing on 6/3/2017 regarding this water project. This is the second time we were contacted regarding this matter. AT THIS TIME WE STILL HAD NOT BEEN CONTACTED BY ANYONE REGARDING WHETHER OR NOT WE WERE FOR OR AGAINST THIS WATER PROJECT. WE NEVER HAD AN OPPORTUNITY TO VOTE OUR OPPOSITION. THEREFORE, WE FEEL WE WERE DENIED DUE PROCESS IN THIS MATTER. Referring to Mr. Burke's email of 3/15/2017 the Utility Dept. NEEDED 2/3 FAVORABLE MAJORITY FOR WATER to move forward and that would mean 40 parcel owners out of 60 would have had to have voted in the affirmative. My husband called Mr Weragoda who signed this letter and asked to see copies of all the petitions. At this time we were both very upset as to how this project was being handled by the Utility Dept. Mr Weragoda sent us copies but they were not signed or marked yes or no for water. Art called back and explained that we wanted the petitions that were fully executed. What we got were 38 signed petitions all in favor of water. That was not 66.7% of 60. We noted at the bottom of each petition two statements "Indian River County -Utility Dept. will not move forward until you have the 66.7% majority and Must receive this copy back for every parcel<that is within T. Iqq .3 the project boundary." Obviously they never received our petitions since we never got any to execute plus in a 6/2 email from Vincent Burke he states "We are unable to forward you petitions we have not received. Any petition not received was considered as a NO vote. I quote again "Must receive this copy back for every parcel that is within the project boundary." I find it ludicrous that not one person that would be against this water project would not send in a petition. Including us that is 22 votes. From 5/11 thru June 91h we sent and received emails addressing the 38 affirmative votes not meeting the 66.7% needed to move forward with this water project. As well as copies of all the petitions..As stated above the water company never received all the petitions. They also never reached the 66.7% needed to move forward with this water project. The question I am asking myself is why are we here today discussing this water project since the Utility Dept. FAILED TO PRODUCE what it laid out initially in order to move forward. Again I reiterate (at the bottom of each petition) " utility dept will not move forward until you have the 667% majority and must receive this copy back for every parcel that is within the project boundary." Also Mr. Burke's 3/15 email stating "those 60 parcels would need a 2/3 favorable. majority for water to create a new assessment area." In a 6/9 email from Vincent Burke there is an attachment that was sent to Jason Brown County Administrator from Vincent Burke regarding the Background & Analysis of this water project. READ THIS FROM MEMO. Again must I reiterate that 66.7% majority is needed 40 parcel owners and copy of petition back for every parcel within the project boundary. As.l stand here today this has not been met Per 3/15 email from V. Burke it states and I quote "I lastly wanted to clarify that the County Utilities Dept. is not SPEARHEADING this effort but those citizens who came and spoke before the County Commission yesterday."are. T l�61.4 If it was up to those citizens then they failed to produce the results of 66.7% or 40 owners and get this copy back for every parcel that is within the project boundary.. Sounds like in the Analysis of this memo to Brown the Utility Dept is SPEARHEADING this effort to get water in these 60 parcels. In all the email correspondence not once was it revealed who is this Point Person that Mr, Weragoda refers to in a 5/22 email which states and I quote "please find attached the petitions delivered to the point person and also the petitions received by the point person." The County Counsel represents the taxpayers with in their disrtricts. It is incumbent upon the Counsel members to make decisions that are appropriate within the framework.of existing laws. Tv�qS,, 6/11/2017 Request for water within a portion of Collier Creek Subdivision andHarbor Point Subdivision: Request for water within a portion of Collier Creek Subdivision andHarbor Point Subdivision: From: Vincent Burke Sent: Wed, Mar 15, 2017 at 4:37 pm To: pakscat@1791.com Remaining Collier Creek and Harbor Pointe.pdf (225.3 IB) Collier Creek Phases 1_Sa_lb.pdf (163.8 KB) — Download all Good afternoon Mr. Keller, The purpose of this email is to bring you up to date on a couple issues at Collier Creek. 1) On Tuesday, March 14,2017, after the public hearing, the Board of County Commissioners voted unanimously to move ahead with the Collier Creek Phase 1, la and lb water main assessment project. See attached map showing this area. This area encompasses 141 parcels that would benefit from the water line. A few things need to happen before construction. Next steps are to go out for competitive bids, receive responsible and qualified bids and then present results to the Board for final approval. Time: estimated 4-6 months. 2) During the meeting, several folks who live or have properties outside the phase 1,1a & lb area of the water main project objected to the fact that they also wanted water and were not part of the project. Note: Those 60 parcels (as shown in the other attachment to this email) cannot be "automatically" added to the project and would need a 2/3 favorable majority for water to create a new assessment area. Multiple assessment steps, as required for the phase 1,1a&1b project, would similarly be required for this new area. Thus, the purpose of this email is merely to provide you an update that some folks who have an interest in obtaining water could be potentially polling & soliciting property owners in/around Arega St, Barbara ct and harbor point drive in the near future with regards to County water. Please see the attached map showing these 60 parcels that are NOT part of the Phase 1,1a,1b project ... but could be asked about interest in county water. I lastly wanted to clarify that the County Utilities Department is not spearheading this effort but those citizens who came and spoke before the County Commissioners yesterday. This information is just to keep you updated with respect to this project. Thank you, Vincent Burke, P.E. Utilities Director, Indian River County 180127th Street Vero Beach, FL 32960 T: 772.226.1830 F: 772.770.5143 vburke(@ircgov.com https://webmail.1791mail.com/versions/webmail/129.1-RC/popup.php?wsid=572aacd60dcd3294257a68bca27baebG490082acl#1497208926518 1/2 ' ,J Ig1� 6 Exhibit 1 113 111 109 107 105 ;,13. 1-7]I "' PS—E. WATER 1 ASSESSMENT -' 2P651ROJ-E2�C40- T�.' I +--PORTION-OCOLLIER 20c. 116 114 1 700 97 112 Sox op 110 -ra4 2; 108 106 103 104 901 t 102 101 100 907 goo 902 904 906 202 625 / / ,SION' C13 204 X \202 i33 .041 % .. .. 1k �-`37 CA IN Ke --',V 110 109 '4,, *1 108 107 108 107 --- --- -------- 105 11 06 06 106 f, 105 103 lo'iol 103 I 776 162 S FL51,1114e ST 102 j 101 201 202 Tie ti [20 201 0] 7?4 Ku KT C-1 203 7, 201 8 205 208 217 y 209 212 211 213 Dat 3M/2017— T0 � f) 1 fl .1 . it"._..,__......,..._ - COLLIER CREEK PROPOSED e m ' < , Legend Attachment Z IT WATER ASSESSMENT Project Boundary Phase _. . -P1 _• i 112 T4ml P-1.PHASE 1 701 � 7 "'t i Phase 1 Yes -7732% ; 207 SIGNED PETITION PHASE 1A ' 1' - a10x` 3 r A OYES -81 t PHASE 16 .•os``5,. ' . 6 t,, 1. (� NO -31 .: ... •r,�od qtr Project Boundary Phase 1A ' '� --- -• 405 PhaselA 23 Total Parc N r y.. 711 Yes -66.22% ; "- �•, ", •( . y7?0 1 SIGNED–PETITION , 713 OYes -15 e -- r • 715 ® No - 8 714 „ ~ Project Boundary Phase 1 B j r: •* t' 716 7t7 ` .,. - i Phase 113 sTefal SAT%Pamel9 Ye9.6.67% Wx �r SIGNED—PETITION 720 7 OYES -4 gal NO -2 Total Parcels - 141728 IP j 100 -Yes 41 -No 730 70.92% in Favor c, u„ P-� 732 733 734 735 .. 736 Phase 137.1' 738 738 739 .,, .•a n •740• 1 741741 no re ., � .. ,• . 742 743 742 7.L1 i o S 7a6 Phase 1 0 747 !-- �. 748 ) 719 .r .r •+ sn - 760 Q n ... .•e ... 752 - . 763 764 •-r .s. t•. 757 ,.. °'" •• •,•+ w+ r.•7 759 760 69 V - ' 767 762 761 ,w y 762 1 •764 7,63 N p 763 J 764 f x 766 ° 7As 765 ,.. 766 „ c"' d67 ?e'a 7679r at - _Phase 1A 768 769 5v�... '1d772 .773 774 n, a -' ,n C,p f • `� .n _ 603 805 cpm 7'74 n6, 793 785 807 base 1 B .� 776 HOi.M' - .. " -%,'`.: 4.• I _ /778 780 782 784 802 804 e06 . ,,. , an ; _ - .. _ , - -' • ENGLAR DR629 0 6/17/2017 Collier Creek- Water Assessment Requested Material Collier Creek- Water Assessment Requested Material From: Arjuna Weragoda Sent: Thu, May 11, 2017 at 12:14 pm To: pakscat@1791.com Cc: Vincent Burke, Dylan Reingold Preliminary Petition Porti onColIlerCreek_HarborPointFiNAL MERGE_03_14_2017....pdf (775.818) Mr. Keller, As requested this morning please find attach the petitions delivered to the point person. Also, as discussed over the phone please note that your concerns and questions can be raised at the Public Hearing scheduled June 13, 2017 at 9:05 a.m. at the Indian River County Board of County Commissioners meeting (180127th Street, Building A, Vero Beach FL). We also have scheduled meetings May 24, 2017 (6:00 p.m.) at the City of Sebastian City Council (Sebastian City Hall, 1225 Main Street, Sebastian, Florida 32958) and an Informal informational meeting May 25, 2017 (5:30 to 6:30 p.m.) at the Sebastian Yacht Club, 820 Indian River Drive, Sebastian, Florida 32958. If you are unavailable to make the Public Hearing scheduled for June 13, 2017, please feel free to submit your questions/concerns in writing. If you have any questions or request for additional information please do not hesitate to contact me. Thank you, Arjuna Weragoda, P.E. Capital Projects Manager IRC Department of Utility Services 1801 27th Street Building A Vero Beach, FL 32960 Direct:772-226-1821 aweraeoda ()irceov.com https:lAvebmail.1791mail.comtversions/webmaiII12.9.1-RC/popup.php?wsid=e7a21780e1915bed85f5f29fce71da075b6e9c62#1497288232900 112 '-T ' / mq ' Yip tk INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES PRELIMINARY PETITION FORM +,s _w, >�iniu4r� PROPOSED WATER MAIN ASSESSMENT FOR A PORTION OF COLLIER CREEK & HARBOR POINT Parcel No: Site Address: Owner Name: Mailine Address: Legal Description. Based on the information packet you have received from the Point -of -Contact for the proposed water assessment project, please check one of the options below and return to Point -of -Contact. YES — In favor of the proposed Water Assessment Project. NO — Not in favor of the proposed Water Assessment Project. Note: By signing this petition, you are under no obligation to the proposed water assessment, this is just to get more information on construction cost and other pertinent information to make a well-educated and logical decision. This proposed water main assessment project will be completed as an equal assessment, below is the amount your property will be assessed base on the estimated cost estimate that was completed by Indian River County — Utility Department and provided to the Point -of -Contact. Estimated Construction. Cost of Improvements: $375,000.00 Estimated: Per Parcel Cost: $6,250.00 Signature: Owner Date: Signature: Secondary Owner Date: Signature: Trust Date: Signature: Trust Date: NOTE: Please Review 1. Properties under a trust: you must provide the trust document and or the warranty deed, only the person/persons who are authorized to sign or the Trustee can sign the petition. If there are multiple Trustees, then all have to sign the petition. 2. Property under multiple ownership: A minimum of 51% must sign the petition. Example: If two then both need to sign. If three then two need to sign. 3. Property under husband & wife without secondary_ owners filled out (Property Appraiser's Site:) Then one signature either from the husband or wife is adequate Indian River County — Utility Department will not move forward until you have the 66.7% majority and the three requirements listed above are met. Must receive this copy back for every parcel that is within the project boundary. I , V.1 6/11/2017 RE: Preliminary Petition Portion Collier Creek/Harbor Point RE: Preliminary Petition Portion Collier Creek/Harbor Point From: Arjuna Weragoda Sent: Mon, May 22, 2017 at 11:38 am To: pakscat@1791.com Cc: Sandy Wright, Vincent Burke, Dylan Reingold PreliminaryPetitionPortionColIierCreek_HarborPointFINAL MERGE_03_14_2017....pdf (775.8 KB) CollierCrekkEstates_HarborPointPetitionPackage-Redacted.pdf (2.1 MB) — Download all Mr. Keller, As requested please find attached the petitions delivered to the point person and also the petitions . received by the point person. Please note pursuant to Section 119.071(4)(d)2, Florida Statutes, the homes addresses of 1) active or former sworn or civilian law enforcement personnel, including correctional and correctional probation officers, personnel of the Department of Children and Families whose duties include the investigation of abuse, neglect, exploitation, fraud, theft, or other criminal activities, personnel of the Department of Health whose duties are to support the investigation of child abuse or neglect, and personnel of the Department of Revenue or local governments whose responsibilities include revenue collection and enforcement or child support enforcement; 2) the spouses and children of such personnel; 3) current or former nonsworn investigative personnel of the Department of Financial Services whose duties include the investigation of fraud, theft, workers' compensation coverage requirements and compliance, other related criminal activities, or state regulatory requirement violations; 4) the spouses and children of such personnel; 5) firefighters certified in compliance with s. 633.408; 6) the spouses and children of such firefighters; 7) current or former justices of the Supreme Court, district court of appeal judges, circuit court judges, and county court judges; 8) the spouses and children of current or former justices and judges; 9) current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors; 10) the spouses and children of current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors; 11) general magistrates, special magistrates, judges of compensation claims, administrative law judges of the Division of Administrative Hearings, and child support enforcement hearing officers; 12) the spouses and children of general magistrates, special magistrates, judges of compensation claims, administrative law judges of the Division of Administrative Hearings, and child support enforcement hearing officers; 13) current or former human resource, labor relations, or employee relations directors, assistant directors, managers, or assistant managers of any local government agency or water management district whose duties include hiring and firing employees, labor contract negotiation, administration, or other personnel -related duties; 14) the spouses and children of such personnel; 15) current or former code enforcement officers; 16) spouses and children of such personnel; 17) current or former guardians ad litem, 18) the spouses and children of such persons; 19) current or former juvenile probation officers, juvenile probation supervisors, detention superintendents, assistant detention superintendents, juvenile justice detention officers I and II, juvenile justice detention officer supervisors, juvenile justice residential officers, juvenile justice residential officer supervisors I and 11, juvenile justice counselors, juvenile justice counselor supervisors, human services counselor administrators, senior human services counselor administrators, rehabilitation therapists, and social services counselors of the Department of Juvenile Justice; 20) the spouses and children of such personnel; 21) current or former public defenders, assistant public defenders, criminal conflict and civil regional counsel, and assistant criminal conflict and civil regional counsel; 22) the spouses and children of such defenders or counsel; 23) current or former investigators or inspectors of the Department of Business and Professional Regulation; 24) the spouses and children of such current or former investigators and inspectors; 25) county tax collectors; 26) the spouses and children of such tax collectors; 27) current or former personnel of the Department of Health whose duties include, or result in, the determination or adjudication of eligibility for social security disability benefits, the investigation or prosecution of complaints filed against health care practitioners, or the inspection of health care practitioners or health care facilities licensed by the Department of Health; 28) the spouses and children of such personnel; 29) current or former impaired practitioner consultants who are retained by an agency or current or former employees of an impaired practitioner consultant whose duties result in a determination of a person's skill and safety to practice a licensed profession; 30) the spouses and children of such consultants or their employees; 31) current or former emergency medical technicians or paramedics certified under chapter 401; 32) the spouses and children of such emergency medical technicians or paramedics; 33) current or former personnel employed in an agency's office of inspector general or internal audit department whose duties include auditing or investigating waste, fraud, abuse, theft, exploitation, or other activities that could lead to criminal prosecution or administrative discipline; 34) the spouses and children of such personnel; are confidential and exempt from the Florida Public Records Law. The home address of 2 of the property owners met one of these qualifications and thus the address and name was redacted. Also, as stated before over the phone and email please note that your concerns and questions can be raised at the Public Hearing scheduled June 13, 2017 at 9:05 a.m. at the Indian River County Board of County Commissioners meeting (1801 27th Street, Building A, Vero Beach FL). We also have scheduled meetings May 24, 2017 (6:00 p.m.) at the City of Sebastian City Council (Sebastian City Hall, 1225 Main Street, Sebastian, Florida 32958) and an Informal informational meeting May 25, 2017 (5:30 to 6:30 p.m.) at the Sebastian Yacht Club, 820 Indian River Drive, Sebastian, Florida 32958. httpsJ/webmail.1791mail.com/versionslwebmail/12.9.1-RC/popup.phpUsid=61440597a72eab0cldf04ae3bc647c309e85dfb9#1497226539264 1/3 ( t/ t is n• j l 6/12/2017 RE: Proposed Water Project for Collier Creek Harbor Pant RE: Proposed Water Project for Collier Creek Harbor Point From: Vincent Burke Sent: Fri, Jun 2, 2017 at 12:00 pm To: pakscat@1791.com Cc: Vincent Burke, Jason Brown, Aduna Weragoda, Susan Adams, Joseph E. Flescher, Tim Zorc, Peter D. O'Bryan, Bob Solari, Dylan Reingold June 6, 2017.pdf (210.2 KB) Good afternoon Mr. Keller, I have not received some of your previous emails since my email address you used was incorrect. Please use: vburkefcDircgov.com. Any and all petitions that staff received in reference to the subject project have been sent to you per your public records requests, less the ones that are protected by Florida Statute Section 119.071(4)(d)2. We are unable to forward you petitions that we have not received. Any petition not received was considered as a "NO" vote. As directed by the Board of County Commissioners, staff has moved ahead with Resolution I and II for the remaining potions of Collier Creek (Utility Phase 2) and Harbor Point (Utility phase 3). We have strived to keep you and the other benefitting property owners informed as to the status of the process. As noticed to all benefitting property owners, there are three recent public information sessions used to convey information about the project. Staff has attended the City of Sebastian City Council meeting on Wednesday, May 24, and the Sebastian Yacht club on Thursday, May 25. We will be announcing the public hearing on June 6, 2017 at the BCC chambers. See attached PDF agenda Public Notice item 10.C.1. The Public Hearing (Resolution III) is scheduled to be held June 13, 2017. If you can attend the meeting, please make arrangements to do so. If you cannot attend due to scheduling conflicts, you are able to submit your comments in writing prior to the June 13 meeting. If you have any questions or request additional information, please let me know. Regards, Vincent Burke, P.E. Utilities Director, Indian River County 180127th Street Vero Beach, FL 32960 T. 772.226.1830 F: 772.770.5143 vburkePirceov.com From: A lueprint ailto:aceblueCa)aceblueprinters.com] Sent: d sday ay 3 2017 4:05 PM To• v rk Cc: ksc irc v.com l.com; D Ingo Arju god ason own; Susan ms; seph E. Flescher; Ti orc; e D.O'B Bo Sol S iect. r nosed er ro' ct r Co r reek H or Point W ave sent yo r emails equ ting all f th i d petitionsVdingtrod on of county w er to an are own as Col r ti Harb P u have failesigpetition rom every p erty owner s r nested. T r Is you claim asfir ve are noted a anonymous, ich could n confirmed by ndependent audld edisallo ed in a court of law. Your actions in this regard demonstrate a pattern of stonewalling aner to deny our r" ht of participation in opposition to this action. In so doing, you have deliberately dens d us the right https:l/webma il.1791 mail.comfversionstwebmaii/129.1-RC/popup.php?wsid=e7a21780el915bed85f5f29fce71 da075b6e9c62#1497288181263 1/2 SIN 12. The subject assessment portion of the project will consist of installing approximately 2,781 linear feet of 8 - inch, 1,589 linear feet of 6 -inch, and 880 linear feet of 4 -inch PVC water main, with 4 fire hydrants as well as water services to each parcel. The proposed 8 -inch water main will connected to the existing 12 -inch main at the southwest corner of Wave Street and Fleming Street. The total project cost is estimated at $375,000, which includes construction, surveying, engineering, administration and inspection. Therefore, an equal per parcel cost of $6,250.00 will be levied against all 60 benefitting parcels once Resolution No. III is adopted. Staff has applied for the Florida Department of Environmental Protection (FDEP) permit. The right-of-way permit for the City of Sebastian has already been submitted. If the BCC authorizes staff to move forward with the project after the Public Hearing, then staff anticipates the following schedule (please note that these dates are estimations and could be subject to change): ➢ Advertise for bids—July, 2017 ➢ Award Contract—August, 2017 ➢ Notice to Proceed (NTP) — September, 2017 ➢ Substantial Completion — March 2018, or 180 calendar days from Notice to Proceed (NTP) ➢ Final Completion — April, 2018, or 210 calendar days from NTP ➢ Final As -Built Resolution (Resolution IV) to BCC — June, 2018 FUNDING: Funds for this project are derived from the Assessment Fund. Assessment Fund revenues are generated from connection fees paid by the benefitting property owners. DESCRIPTION. ACCOUNT NUMBER AMOUNT Collier Creek Water Assessment 473-169000-16515 $ 375,000.00 RECOMMENDATION Open the public hearing and after receiving input, consider adopting Resolution No. III with any revisions based on that public input. Staff recommends that the BCC consider the following options: 1) Adopt Resolution No. III with the following items: a. Cost per parcel of $6,250.00. b. Sixty (60) benefitting parcels as part of the special assessment lien. C. For benefitting parcels above in point b, allow property owners to finance the capital cost of $6,250.00 for up to 10 years, payable in ten equal yearly installments at an annual interest rate of 5.00% (set by the BCC each January). 2) Direct staff to combine utility phases 1, la, lb, 2 and 3 into one bid package and advertise for bids. LIST OF ATTACHMENTS: 1. Confirming Resolution (Resolution No. III) 2. Assessment Roll \\10.176.2.252\gra n i cu s_n as\ins ite\fi les\I RCG\Alta ch me nts\13 b719e6-5f6b-4606-8e52-104390505726.d ocx INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: June 1, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Collier Creek Estates Subdivision (Utility Phase 2) and Harbor Point Subdivision (Utility Phase 3) Petition Water Assessment Project, Public Hearing and the Adoption of Resolution No. III BACKGROUND On May 2, 2017, the Indian River County Board of County Commissioners (BCC) approved the adoption of Resolution 1 (2017-039) and Resolution II (2017-040) for the remaining portion of Collier Creek Estates Subdivision (Utility Phase 2) and Harbor Point Subdivision (Utility Phase 3) Petition Water Assessment Project, located along Fleming Street between South Easy Street and Wave Street in Sebastian. Since the adoption of Resolution I and II, staff mailed out letters to the sixty (60) benefitting property owners notifying them of the preliminary assessment roll and the subject public hearing. Included in the letter was an invitation to an informal meeting held on March 25, 2017, at the Sebastian Yacht Club, 820 Indian River Drive, where project details and financing options were discussed. ANALYSIS The remaining portion of Collier Creek Estates (Utility Phase 2) and Harbor Point (Utility Phase 3) Subdivision water assessment project has 60 benefitting parcels. During the petition process leading to the project status update at the April 11, 2017, BCC meeting, 36 of these 60 benefitting parcels, or 60%, signed in favor of the project. Between the time of that status and this public hearing, two more petitions were signed in the affirmative, thus bringing the total to 63% of the benefitting property owners in favor of the project. The parcels vary in size with an average parcel size of 0.58 acre. When combined with Phases 1, 1A and 1B of the Collier Creek water assessment project, the total approving the project equates to 138 out of 201 benefitting owners, or approximately 69%.- According 9%.According to current tax records, the 60 parcels consist of: • 13 vacant lots • 47 constructed single family homes The BCC, in its capacity to oversee the assessment process, shall meet as the equalizing board to hear and consider any and all support for, or complaints against, the proposed special assessments, and it shall adjust and equalize the special assessments on the basis of justice and right according to Indian River County Ordinance Chapter 206 (Special Assessments). The City of Sebastian City Council has been informed of the assessment process. On Wednesday, May 24, 2017, staff provided an update to the City Council of the BCC approval from May 2"d \\10.176.2.252\gran icus_nas\i nsite\fi les\I RCG\Attach ments\13 b719e6-5f6b-460"e52-104390505726. doa Dylan Reingold, County Attorney D} clan K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney /OAR Public Hearings - B. CC 613.17 Office of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: May 31, 2017 SUBJECT: Ordinance Concerning Medical Cannabis BACKGROUND. On October 18, 2016, the Indian River County Board of County Commissioners (the "Board') enacted land development regulations concerning medical marijuana treatments centers in advance of the vote on Amendment 2. As part of the agenda item, the Community Development Department included a memorandum from the County Attorney's Office, which stated "[a]s section 381.986, Florida Statutes, addresses low -THC and medical cannabis, I recommend that any potential regulations concerning such uses be addressed under a separate discussion item." Per section 381.986, Florida Statutes, medical cannabis includes all parts of any plant of the genus Cannabis that is dispensed for medical use by an eligible patient as defined in section 499.0295, Florida Statutes. Under the statute, an eligible patient is a person who has 1) a terminal condition that is attested to by the patient's physician and confirined by a second independent evaluation by a board-certified physician in an appropriate specialty for that condition; 2) considered all other treatment options for the terminal condition currently approved by the United States Food and Drug Administration; 3) given written informed consent for the use of an investigational drug, biological product, or device; and documentation from his or her treating physician that the patient meets the requirements for being an eligible patient. Under section 381.986, Florida Statutes, the State of Florida has preempted local governments from regulating the cultivation and processing of medical cannabis or low -THC cannabis. However, under the statute, a county may adopt an ordinance regulating the number, location, and some permitting requirements for low -THC and medical cannabis dispensing facilities. On January 10, 2017, the Board voted 4-1, with Vice -Chairman O'Bryan dissenting, to direct the County Attorney to: 1) draft an ordinance which will incorporate into the current code, regulations concerning medical cannabis dispensing facilities; and 2) ensure that the details are consistent and compliant with state law. The County Attorney's Office has drafted the attached proposed ordinance. The proposed ordinance incorporates the medical cannabis into the definition of marijuana and a dispensary under Section 381.986, Florida Statutes into the definition of a Medical Marijuana Treatment Center under Chapter 315 F•Wt10"WVJd21GWVEW1B C CWS-& Mem mWali ­( Cdnm&. Odiw,dw 2M Board of County Commissioners May 31, 2017 Page Two of the Indian River County Code of Ordinances. The proposed ordinance also incorporates an exclusion of regulations in the event of a preemption under section 381.986, Florida Statutes. FUNDING. The cost of publication of the required public notice for the public hearing was $136.67. This cost was funded from the County Attorney's Office budget within the General Fund (account number 00110214- 033190). RECOMMENDATION. The County Attorney's Office recommends that the chair open the public hearing and after taking public continent vote to approve the proposed ordinance. ATTACHMENT. Proposed Medical Cannabis Ordinance F.'IAlrorneyVJmkIGENFRALIBCC1AgendoMemoa� &mf Cmmabs Ordnmrcrdyc P189 [01-1Z "5Z AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, 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. WHEREAS, in 2016, the Indian River County Board of County Commissioners (the "Board") amended Chapter 315 of the Code of Indian River County entitled "Indian River County Pain Management Clinic and Controlled Substances Ordinance" addressing medical marijuana under Amendment 2; and WHEREAS, the Board wishes to regulate low -THC and medical cannabis, as set forth in section 381.986, Florida Statutes, in a similar manner as medical marijuana under Amendment 2; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Legislative Findings. The Board finds that the "Whereas" clauses above are true and correct, and hereby incorporates such clauses as the legislative findings of the Board. Section 3. Amendment of Chapter 315 (Pain Management Clinics, Controlled Substances and Medical Marijuana). Chapter 315 of the Code of Indian River County, Florida is hereby amended to read as follows (added language is underlined, and deleted language noted by strikethrough): F-UftM04U.&AG,FNDUL%P1"1~ &'".o MAOM-1P.Al CN1.1kW1&.1 C-411 &. 1 P190 CHAPTER 315. PAIN MANAGEMENT CLINICS, CONTROLLED SUBSTANCES AND MEDICAL MARIJUANA Section. 315.02. Definitions. For the purposes of this chapter, the following terms shall have the following meanings: (7) Marijuana shall mean cannabis as defined in Section 893.02(3), Florida Statutes. The term shall include "low -THC cannabis;" and medical cannabis" as defined in Section 381.98644-b), Florida Statutes. (8) Medical Marijuana Treatment Center shall mean an entity that acquires, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes or dispenses marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered or approved by the department of health or its successor agency, pursuant to Article X, Section 29 of the Florida Constitution or Section 381.986, Florida Statutes. Section 315.03. Prohibited Activities. Each of following activities shall be prohibited and shall constitute a violation of this Code: (3) Operation of a pain management clinic without a valid and current registration pursuant to sections 458.3265 or 459.0137, Florida Statutes, or registered or approved by the Department of Health, pursuant to Article X, Section 29 of the Florida Constitution or Section 381.986, Florida Statutes, unless such clinic is exempt from registration or approval undeF suGh statute; (14) Gultivation, administFatien Administration or consumption of marijuana at a pain management clinic, unless otherwise allowed by state law. F1AfiomcylLindaIGENER.911Resolutlonr & Ordinmwsl0sdinm�eerlpArs pinl dlmf Cmmo6lsdv¢ 2 P191 Section 315.04. Permit Required for Operation of Pain Management Clinic. (1) Permit Required. No pain management clinic shall operate by any means in Indian River County without a valid and current pain management clinic permit issued by the Department. (2) Application. Any pain management clinic requesting issuance of a pain management clinic permit shah complete and submit to the Department a sworn application, on a form provided by the Department, containing, at a minimum, the following information: a. The name and address of the pain management clinic; b. The name and address of each owner of the pain management clinic (including, if the owner is a business entity such as a corporation, limited liability company, etc, the name and address of each officer, manager or managing member, general partner or other comparable person authorized by state law to manage the affairs of the business entity), each person who will be managing or supervising the activities of the pain management clinic, and each person who will be prescribing or administering controlled substances, and each person who will be acquiring, possessing, processing, transferring, selling, distributing or dispensing marijuana at the pain management clinic; c. The name and address of the person who has been designated as the responsible physician or osteopathic physician for the pain management clinic, pursuant to sections 458.3265(1)(c) or 459.0137(1)(c), Florida Statutes, if applicable; d. The name and address of the person or entity which owns the real property upon which the pain management clinic will be operated; e. Proof that the applicant is currently registered as a pain management clinic with the Florida Department of Health, pursuant to sections 458.3265 or 459.0137, Florida Statutes or registered or approved as a Medical Marijuana Treatment Center, pursuant to Article X, Section 29 of the Florida Constitution or section 381.986. Florida Statutes; P192 f. Proof that any person who will be prescribing or administering controlled substances at the pain management clinic has a valid and current controlled substance registration number issued by the United States Department of Justice, Drug Enforcement Administration, including the controlled substance registration number for each such person; g. Unless otherwise prohibited or preempted by state statute or Department of Health rule, a A sworn statement certifying that within the ten (10) years prior to submittal of the application, neither the pain management clinic, nor any person identified pursuant to subsections b, c or d above, has been found by any county or municipal board, commission or council, or by any state or federal court, or by any state or federal regulatory body, to have acted with respect to controlled substances or marijuana in violation of applicable law; and h. A sworn statement certifying that the pain management clinic, and every other clinic owned or operated by any person identified pursuant to subsections b, c or d above, will, during the term of the permit, be operated in compliance with applicable law. i. Unless otherwise prohibited or preempted by state statute or Department of Health rule. proof Prsef that a Medical Marijuana Treatment Center is wholly owned and operated by one or more 1. board-certified anesthesiologists, physiatrists, or neurologists; or 2. board-certified medical specialists who have also completed fellowships in pain medicine approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association or who are also board-certified in pain medicine by a board approved by the American Board of Medical Specialties or the American Osteopathic Association and perform interventional pain procedures of the type routinely billed using surgical codes. Section 4. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. F urm»,yUndeicEVFnntukutrnW,r&Adlnanarl�hanceiWam C/IW.W,,* 1C—abi d.. 4 P193 Section 5. Codification. It is the intention of the Board of County Commissioners that the provisions of this ordinance shall become and be made part of the Indian River County Code, and that the sections of this ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 6. Effective Date. This ordinance shall become effective upon filing with the Florida Department of State. This ordinance was advertised in the Indian River Press Journal on the — day of , 2017, for a public hearing to be held on the _ day of , 2017, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Tim Zorc Commissioner Bob Solari The Chairman thereupon declared the ordinance duly passed and adopted this , 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA 0 Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court Approved as to form and legal sufficiency: and Comptroller By: Deputy Clerk Dy an Reingold, County Attorney day of EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of , 2017. FAC*, eyVAG WGfNERALIResol.n .&Ch&i W,&m(C.—bbd— 5 P194 Treasure Coast Newspapers I TCPALm Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Sherri Cipriani, who on oath says that she is Classified Inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published in the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published in said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period or one year next preceding the first publication of the attached copy of advertisement. .... Customer Ad Number Cooyline PO # 461741- INDIAN RIVER CO ATTORNEYS OFC 1630547 Hearing: 6/13/17: Controlled Substances Hearing: 6/13/17 2017 Sherri Cipriani (X) personally known to me or ( ) who has produced me this day of, June 02, 2017, by l t_ who is as identification. Notary Public R E (�� V/E0 JUN 0 7 2011 COUNTY ATTORNEY'S OFFICE h. ....... LINDA JOYCE KLEIN As1 NotaryPublic- StatcofFlorida •' d�F! ,, 9�1, Cfi;•; '•• ;'f,;;`;•• s Commission kGG081422 friy Comm. Expires +Aar 9, 2021 Bonded through National Notary Assn. 0) cc rn LLC) K V)) t �j Q T Z T 4Z Lt) a) ZZ" M Q E o I- � � L fd)iN_ p Q C {n V 4D Saturday, lune 3.2017 Treasure Coats Newspaper Zlotke7oCreditors �NariceTO Creditors 4th Floor �r NOHtla. Probst¢ Dividibn Stuart, FlOrida34994 the address of which is 200( Avenue, Vero Beach Tel phone: (772)1861709 Prlmattyy Email' 16th Honda 32960. me GM's .Od. E hySummers.COm d-pnrdpttyy Emea: sad presentaal . And th[ representative': drmWSAeCar24y5umncerwm Trusty Emaq: persanai item tfar'btbw. bQ9MCCnrihYSumm¢rs.com TCN: June 3,10, 201] Aif d mI' of Ue det4dew d other persons havin! TCN 1635570 Balms pr.tlemands a�aiM R-10 RepW, a Calves: ChrSI Graham 11709 N.W- lith Drive Core! Springs, FL 33016 M"1301. H.East 2M Sit Savannah, GA 3140.6 AKCOrney fent Personal RICHARDBARRON. ESQ. RICHARDL I,BARRP.A. 39545E Fairway E. Stuart FL 34991 BYY: Plchard l.B Esq. Fio Ida @ant No. 145112 PCN: luneIP. 201] TCN 16331661 INTHEIDNETO COUAt FOR tNGAN RtYER COUN3T PROBATEDIVISION File No-- 3UO17CP000308 IN RE ESTATE Of JENNIE E ... E, tleteased. NOTICE TO CRm[T" The dromistradon 1 me dstate Of " "" Eodeine eceeaetl, whose date # death was January 15, 201], IS pentlinp In the ClrcaN Court tont Indian RMer CW, N�e7o credimrs. - qiA CLAIMS NOT HL£0' SET IN THE TIME PERI005 SET FORTH IN FLORIDA STAMBE SECTION 733.702 WILL BE FOREVER BARRED. NOTVCgTNSTANDING THE TIM E PERIODS SET FORTH ABOVE ANY C- FILED TWO QI IT DETHE CEDENT'S DATE DEATH S BARRED. The date Ot frst Dubllta 17n o1 Nis halts is lune 3, 2031. An uoarzsantasonal a: STEPHEN R JAMES 4350 Ruder goad Me, Rrevilzatl¢rt9wn AttomeYs far Ancnlaarryytl 2U36 Personal R¢Prasenta0ve: FG- LAW Bily Sam L Steger, Esq"No 603 B WBOClev14 dland ZOO.. Stuart, Honda 34994 Mona: 0") 7/1[-8��6 FEas:f WCz20.3518 Pnmari oasd� stxser- 1st1Ce5WeCDndary: SamtNste- gb: )UM 3. TCN K3SSi0 0.201] CNTNE GRCNTCOURTFOR INDIAN RU ERCOUNTY, FLORIDA PROBATE DIVISION File Na.: 312017CH00469 IN RE: ESTATE Of THENESA l+NSTON THERESA M. JOHNSTON THERESA Z.J JOHNSTON, Dec state t Mir "'tames deceased, hose dato # death was whose 13. 2016,13pofi In the GIsVil Court tw St Lucie CamtY, Florida, Pr4att Oi tma.the Sddress of whi ch is 218 South econd Street. tor[ P1, Horide 34950. The names and "&-S of mo sena mlinn mtedw anethe Persontr 9rcs¢n:a.ive's '!tome setforM beiGw. AD creditors of Lha deft= aid Other pentons haveng dalmor Remands a stns[ etedenTS.,a'.. m toProf this notice is required be s¢rvetl must fila Meir OMums with Mus tour[ VON R BEFORE THE LATER 3 MONTHS AM tXE TIME OF THE FIRST PUBUCATON OF THIS NOTICE OR 36 DAYS AFTER THE GATE OF SERVICE OF A CO ONPY OF THIS NOTICE o Ali [herer' tlkors at the decedent aM pined perwns having Maims or de's ntls against decedent's a tate NSl Fda Only "A"' with it "Burt WITHIN 3 MONTHS E DAFIRST PUBLICATION OF TRIS NOTICE NnHteTOCred. ITN 1UWRCGAI GRCDO TNTNE MOFORST-LUCIEcOUNTT FLORIDA PROBATE DIVISION File N0: 20 ViP-000400 IN RE ESTATE OF . ANTHDAYPAAt YIG3AtA'95, Deceased. IN THE CIRCU,COU INDIAN M£YER..-.MTM OU TMT 1.10IM-1 �LUIT IN ANOFOR DA CASE NO.312017CMD0213 JAMES W. KARL. Fat c'n UNKNOWN HEFRS. SUCCESSORS. BENEFlGAAIES, DEVISEES. GRANTFE.S. A55tGN£ES LiEN- 0RR55,, CREDITORS. EXECUTORS AND PERSONAL RERttFSENTAHVES, TR115 SAND ALL ,HER As ES CLAIMING ANY (MEREST BY THROUGH OR AGAINST MARY N. SATTERFIELD OR THE ESTATE OF MARY N. SATTERFIEID, DEVrEASED; ET AL. NOTICEOFACTION GE 11 CREGTDRS, £XECUTORSSAND PERSONALRREPRESENTATIVESATRllWNES AND ALL 4TNER FART' CLAtMiNGANY INTEREST BV THROUGH ON AGAINST MARY N, SATTER- FIEJ.DORTHEESr WIMARYN. SATTER1,1 DECEASED: AND PNV OTHERHEIRSOl'Ns N. SATTERFIELDIFALIVE.ANqIFDEAD, THEIR UNKNOWN SPOUSES. HEIRS DEVIIEES,GNANMR SUCCESSORS ANO ASSIGNS. JUDGMENT CREDITORS. AND ALL OTNEk VARIES CLAIMING BY, THROUGH, UNDER OR AGAINST THEM THE UNKNOWN SPOUSE, HEIRS, DEVISEES, GRANTEES, ANO JUDGMENT CRUHT4NS OF DECEASED DEFENDANTS, AND ALL OTHER PARTIES CLAIMING BY, THROUGH, UNDER. PR AGAINST ANY OF THE DEFENUANTS: AND ALL UNKNOWN NATURAL PERSONS CF AL3YE AN ON DEAD. DR NOT KNOWN TO BE DEAD OR At3VE, THEIRSVERAt ANO BESOT VE UNKNOWN SPOUSES. HE1R5. SUCCESSORS AND ASSIGNS. DEVISEES. GRANTEES. AHD JUDGMENT CREDITORS, OR OTHER FANmES CLAIMING BY, TMRGUGN, OR UriPEN THOSE UNKNOWN NATURAL PERSON; ANO THE SEVERAL AND RESPECTIVE VNKNOWN ASSIGNS SUC- LESSOR3 IN INTEREST. TRUSTEES. 4R OTNFA PERSONS CLAIMING @T'IHROUGH, UNDER. OR AGAINST ANY CR, . OR OTHER LEGAL ENfHY NAMED ASA DEFENDANT; AND ALL CLAIMANTS, PERSONS OR PARTIES, NATURAL OR CORPORATE .ORHOS, EX -LE LSTA- TUSISUNKNOWN.GAINING UNDER ANY OF THE ABOVE NAMEDN DE 5CRIBE6ODENDANTs 4R PARTIESttAiMIN4 I HAVE ANY RIGHT, riTtE, OR INTERiiT iN iNEPROP£RTY DESCR78E4 iN TWS COMPtAiNP. llNKNOWN OCCUPANT NO. 2 AND UNKNOWN OCCUPANT N0. 21N AdEresSes Urdcn4o5wnTO ACCOUNT FOR PARTIES IN POS5ESSJON, t ltle based On a T. an hoz been race a otos' wa, hat an actor to uie D VOU ARE NOHFlWt q W II E ulre f n e if an On Warren sq 1 written de ¢ s ; Y, aired to serveaco a our tl you are req pY wnOSo address 8 DiU a EvalSs, RL., IS US NIpR dy 1. Sebastian, Florida 32958 on or before Jana2T 2031,(oaf tees thanhe oar mora than bd.1ys anent int Nrzt pubtXatian�Mis NotJee3 Ind M�dttteoneklai .0 the . of miscap[c)Umr befa ),,,,, on D)ai.,all att0 fOr mth.c.-ly Ntteafter,omer. a aefauit wvllbe Mtpprcd agains[yTa D mJ 1,1 Ind Oe0 I n the COm taint The rcM Pro arty at, In Me seller 10 owlet d Tax Deea iz In Indian River son On an8%are Dartmularry 8 anibta e,5 slows: The SO.th L-]4 acres., following described gprperT : The East 112 Id Tact 1331 lass me East 25 reet'emof, t0gemeT w'M m¢ East IC50 fact at me West 1/2 of said Trott #331, Pia. i.t tFe45mere Farms Comparry SubdiWslon,,1u .11.*edpartof Tawnsnip 31, 50uUL Range 37 East, in St 9a County,Stat¢ d Flora, acwrdin9 ff0O ttce mapoF OoCI t'areaf, az recardetl Jn Pi Indian River Cluny Florida mTM Of St. Lucia County, Flonda. SaiA fend now tying ant being (heraloafter rfemed In as 'Be.[ property") PfOMM-y Address 30025138' Avenue, FvMsOe Florida 32948 Dated this 23rd day Of May, 2017. JEFFREY R. SMITH Clerk 0f the Circuit Court By: AAnnn. Water REQUESTS FOR ACt4MMODATWNS 8Y PERSONS WiYH DISABItJTIES; It are tan wl' dHot, ityy'at needs any axanoMtlahon.In order to FartiaPat3ln' z� rFrOtiedPn9• You are IRUtled, at oe cost m you, b Ina proviSton of Certain asslsbnca Please tvntast COWL AdmJn- T te,n.250 NW C... lyed.- Club Dnva Ste 217, POrt 5L LYMe, fl 31966,1,2-807-1)>0, qt iwM T If th00tlmeenerofo/e thda5cnaea a�ppapaarnnte'i: lase ihao ] IEay . N YDula,c nearing cso to impaireyyd. call nl. PCN? I6i29TiJuno 3,10,11.2017 Notice TOCretll[ors' ottite5FOr5afe Viers FL32940 32TSO"t21 RIVERFRONT Pub: June 3, t0, 2017 TCN 1632145 MOORINGS �PubIIL NPdces _ _ NOTICE OF INTENT NOUN: HEARING NOTICE IS HEREBY GIVEN that '¢ Board of County cTo- i.Jan.,, of Indian River countyy, Elands, will cooduct a Pub110 H4azlny t0 consider adeps beNOfg mOposed omi- ANORDU ANCEhOFTNEBOARD OF COUNTY LOTID"ACOMMISSION- ERS OF INDIAN RIVER 101% CHAPTERR 315 (PAIN MIAN- T 01"MAI 5V�TMAAJAND MEDICAL MARIJUANA) OF COUNTTY TOFREVISE REGU- LATIONS AND PROHIBITIONS OF CEMTAIN ACTIVITIES RELAFINUa CAL TO UQW.TBC AND OR tHROH aKI FOR S£VERA8t1- m COroOCATOR MOM EifECTIVE DATE Personal NORr¢Santatlw: Tanya W. Conley 2712 SeaShOre Cove Actor eNI.N PIte.0 l A 2345a ReprcSentetwe: w[even MW Wlwker soken�sy�p��n Lc'. Sokanasv No..1161Z Nonan Bar Na 0110612 Juege Fran laM¢s Way. on Way. BItl9. E Real Estate nallherat.ae CONDO ABSOLUTE AUCTION! To be Auctioned 10 the highest bidder REGARDLESS OF PRICEI 'Reiinck w'�lvNq NFnWrupA ^ISsionnGharnbers rl0cated ]-Gates Carom' ,YERDBEACN Ma first floor, of Building 4bN26ay3 tarkgmMM1aan'oye Of the County Adminls- } te',nVm ,., nnyy ra[ivo Complex. 100[ 3][h .to family roomy, in -y ntl '29-6k Vero Beach, FJ,ontla g`P 1, large la L FSB0 call WET{#016- 2960, at which Ume inter- _'l,1b5¢7:9299 -Zj Sued cables may be no -I YERO Be 2 bdne, Ig Dy- dinrespeatomeProPosad ethanes a orinence may Ie l %acted by the pub- ingg TY roa14 aaz-In 'a- kitchen„3 baths ik-ln M t c g . fenced In �U q� ulN "I's IA peal. Earn cpmmme from st.pP11" all!. Andayy fn A at MtwIYY ted. 535,000 through M Offkt Of tit¢ Gerk to (91,T)9TMT586, WE0161l03t1, he Board Of Caunry tom- YFRO BfAGti SNORES -2333 ISsbner located 'e ma gwr of 'Mingg A of me 4th avenue ze. 3118. Vein 5365.000.00 for sale lu ty Atl , Ids[rati Com- sheat, Vero Shores 6y Owns y2/1. Recently eX, 1801 3.th tenth. Florida plated with n tAbinets, Carpet and paint, Na y sopntai aro doGatlsh w4iM @` y be mute at!his meet- o[ side ne19h40r5. WEBeiD 3532339 t+07N4&5135 'ngvwiii need REIN wre that a eroaU. tl f the :Condas-UnfU[n ,- procaedin9s Is mad,. amich Includes testimonyy d eN- dencaupon wMCh the appeal FORT PIERCE - H194 Point 55+. IBD/3BA Condo For D bAsed- ny�ne who needs a ;pedal Sate, uA9raded throughout - SS aprpl; granite counter; III, a dation IOr His the d parch Southern biittd€ ]ti -207.429 Or T72- tRti Coun Amer(i�capnqs7 With 201.3559 WES 101617393 dlnntnrtlat (12.326.12X3 -tit y least 48 hours In advance ofWtl<1 the meedny- NUTCHIMSGN IS STUART iDiAN RIVER COUNTY80AR0 un's Gub, DlrcctiY D"', boas TGO F COUNTY COMMISSIONERS E. FLESLNER, FumSup ewnlous<. HAIRMAN HA tune 3, 3017 Fares pool.$299Ago Owner. gr ticmYecht�ic oud.com Cb: N 163054] 905:54±-9284 ,!? SE1518" - !'arirts`8.a sage a Real Estate 8T' '' 2�..____� Li/ry:tM1 Cbi M aged Thee Mth Plan! !ad Vin IXed wllh Hard, Open HPLL5P5- and Botto ; Ease Hunting. s1,5d0/acre. Ca1rt }SZ_8_ -8038. J08E So3Ji4D - O n [buss Sat ai Sun 2-4. N e a Yau, melard. MufaCtuRd HmS biawide. own No HOA. Bonyy your ss, but, RV. close W pubbrdod FEPbrte TanykWoed Xheath. 113!3 Sandy lane. SI54,900. M e COrr.Mer; Ca S}18t-9pTT M.U. Noma Sales Ma "mane New 3017 3/2106'x66' %eys Nll ��-02AvaH2tOtl Sunday, tune"' 32-1 "2S55W Stoneybrook Way, Oust boyersAll age Familyy Cam% MXF.wm Palm City, FL 3"990 ,Tao S/3/3 screened pool home I.S. MORE SMI.D. ReautifW, 1/2, M..... R..duuyyyC�nrw kk, W/D, kh'itanur¢;Updated w00den.IZURed,nt-AjC, Tito t3am 954-N80781 Gag Tim Eot ggaat¢code. wMk in Beset; Water Sorb (teller YlJlMnas S65k It 772.546-6090 ant ST2-3"1-9011 ID 3637459 STtIAPT - ?R, Beautirul Flor- Ida home In Me most desir PONT ST WCIE - 55+, TMe I99hbamoM. LOCA- LOCATroNt SDanlsh Lakes L9 3y2 2005. 56' dM wide, h1olmce, caz- IO. LOCAT)Oni 11 SW 111W.W Ave. Sat a port. niiggh tetiing5; Brats Sun IN, (232)241--6674 oMiSWK Make OHtrt of72)3dt-1728 STUART Sat, June 3rd from 11-1 5042 S//EE1Askew Ave.3Nart ID 36G3509 PPR, ST WCIE PianiT.alCWyin'e55+co50o0 Crus51ng5�ODennf oo and j..0t `kkfNttren. east 20D6.Oiwn noon plan. tISWIS-6781 954. SAftbedrooms,Watk-tn (teller 17111-sh d sets Nump tin fpr entertaining. Near opping, 'H.I{es Fa sale�wa.f7 tadl4ies. Ca48a@Realty PORT Si. Mcke Updated :JO- New Atte S= Reef ]]2418.8899 ��,���...®�.- £OESas1:V C.N.RriC water neater,, iainin.l. floor a Dn ey MIr In NOME FOR SAL" Owner allyl 5165 000 ID 1620931 Q7253HF2011 910 G'„ k�1350 Ave, Vero PORI ST. WOE 2 -Story Paul ewer re, kitchen rbc large private Homes Water Vkw 4DdR.5( bath 2500s f4 gated corn[t+R[ yand1.1'M aM?2-S3 praX caR 772-538-t935 w/retort le amenate1 31.326yma (172)53&1935 ��I New Move In Rea ,open Ilunr Plan, SSa Rranlfe avec SbVd 2 car G r home war" ""'vaY°."'F�'"",1 kOT5/ACr¢ag¢{Oy521C _'.. ( ant , call ill -a18-9590 yy '0301 { LOTS i PORT SM WCIE 2 ( ) ixT4,90p_ WEB,ID 1 .. - _ PORTS,. 2009 2/i spat 2005[ St lames a {i) near Recker 516800taM.PYmtipFOs ablyy, CW (56UM1-2843 vJEB IO sp lous home. Pan 360]81, /n/lIewer tirealkfasf Eat 1p den oom:. y Sobers -si: 3499, 3`Osiliio storm:natter; on quiet cut- Beset stnitt To see cog lot has de¢dad access to a av&ate marina tlts- water 13345.000; f�ft2}386-Dist 888 RaaJtp 772.8788899 WEB 161633690 T'hae'snoplaw Real Estate. '[.p�artinelit5 • FUmistieriJ .. SIUMT •Dow town [ ,front eHiC�enryCy S950/ma + Seca nly. Inc1'A /C aaR_CteaA. HO Pets. Mtrtmwmmo_ammore, . 71?18336]Tfar Irrfo We"101611688 ry� vEno @F.cx - o4�1Rryry.MPdam 2Mfl 5600%mo. 1473LI If S,CAR Ti. n �qAz 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: ADDRESS: Anibal Miliani PHONE: 305-343-1535 SUBJECT MATTER FOR DISCUSSION: Outstanding Utility Liens on Property Purchased in Indian River County IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? F7 YES a NO IS THIS AN APPEAL OF A DECISION Fx I YES F-1 NO WHAT RESOLUTION ARE YOU Amnesty from the Outstanding Charges incurred prior to purchase REQUESTING OF THE COMMISSION? of property ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? ❑ YES a NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form X E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: ,lune 13, 2017 Documem2 P195 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: 1 40 M jq 4 ADDRESS: �- PHONE: '7 Z v,;5�Aot80Ac-+4 FL- 2 ri4 3 SUBJECT MATTER FOR DISCUSSION: IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? a YES FX NO IS THIS AN APPEAL OF A DECISION ❑ YES NO WHAT RESOLUTION ARE YOU J� REQUESTING OF THE COMMISSION? J`(�$ t'/er C i i lv (a VFf0/ 7;441::��/ G OA.) ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? Transmitted to Administrator Via: Interactive Web Form _ E -Mail Hand Delivered Phone YES �NO COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: 0,4Y Jy ^-si ZO t "L FAC -my Admin4iaceAo-,4lAGFNDA�Public Diwus.ion Items r(x We e P196 LIN A Unique Recreational Opportunity MAKETP7.,7,)UNtGLE T AIL SASE! 7 �-� , CS' HIS 0 R �1! x 1920 - 1St Public Road on Orchid Island x 1960's - 71/2 -miles Survived Development x 2003,- National Register of Historic Places x Historically, Culturally and Ecologically Unique. ol u :Lfl Rai to] 9 U 0 Q x Surface Degradation Requ Frequent Grading � x Clouds of Choking Dust ME i for an Unpleasant/Unhealt Experience. 01. 0401 FMI IRIll 4 : 9 Y 5: 4 �y>�- � � �,� �" a�.'r r• 't .'i _ s� '���': ' — .rye • �it.�`i 6 x Safety is #1 Reason Potential Users Avoid the JT x February 2016 fatalit near Orchid Island Involving 3 Occupants E x IRC Sheriff "Reports" 9 i More Accidents Since x Speeding and Reckless Driving are Common. -2r Motor Vehicles Detract from the JT's Historical, Cultural and Ecological Value, and n Because of the JT's Unique Design Mixed Use is Inherently UNSAFE! + 13 -ft road bed v No shoulders v Soft, shifting surface and berms Numerous blind curves and turns ' 1 � Restrict Motor Vehicles from the Most Dangerous Section of JT + Modern realignment of JT around Orchid created numerous blind turns/curves � 31/4 -mile Section from CR -510 North to Southern Border of PINWR (red): * Only one private crossing at Orchid * Preserves all users access to most significant features of JT * Preserve access to PINWR, Windsor boat launch/fishing areas, and bordering communities Occasional motor vehicle access Pelican Island mss' IEa :so C3 k Wabasso Beach t a r � x9i• � r za-� �w-. �• �....YifMt { N , PetiCaa Islam( 1i ��41r ��., ;z,r •; ,�.1�, y,.r5� - t - +.t.� t`. a, t W4 Jr Seachi fit/ fjgetty 4 Orchid oogle I NO1 N §-0 ,--- Converting the JT to One- Traffic Lowering the Posted Speed Limit n Increased Enforcement. P i x Petition on change.org j + 180+ signatures/70+ comments &growing x Print I + Vero Beach 32963 Front Page "Crashes, I Near Misses Prompt Push to Close Section of Jungle Trail to Cars" + TCPaIm "Laurence Reisman: Battle Brewing Over Historic Highway" + TCPaIm Video "Historic Road Jeopardized?" x Radio + 1490 AM Interview on Bob Soos' Local News Magazine "I have lived along Jungle Trail for over 23 years and it is a shame that walkers, joggers, and bike riders have to dodge the speeding traffic along this road. Please make it possible for us to use this road safely." Ann Ricciardi, Island Club "...my husband and I have been full time residents of Vero Beach mainland for close to 4 years. I signed the petition because it makes sense to modify usage of the trail to protect those who use it. Residents and tourists alike." Barb Ziemba, Amelia Plantation "Jungle trail runs behind our house and we hear a lot of cars going too fast. We enjoy biking on the trail and it would be nice to not have to look for cars around each corner. The fatal accident was behind our house." Myra Webber, Orchid Island J ' C7 I n All Roads Have These Issues • 13 -ft Wide Road -Bed for Two -Way Traffic? • 13 Blind Curves in a 3 -Mile Stretch? • Low Volume but 9 Accidents/yr Including a Fatality? • More Bike/Ped than Motorized Users (5x as many in video) • History, Culture and Ecology of the JT? • Listed on the National Register of Historic Places? � Always Been That Way • Tractors * Cars E> Bike/Ped t Attempt to Shut Everyone Else Out 40 _-x The choice is clear: - ' 4 W f f Dangerous Speedw agy , x or i Safe Gre6tnw'a i PUBLIC NOTICE ITEMS: 6/13/17 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 DATE: June 6, 2017 ATTORNEY RE: Public Notice of Public Hearing Scheduled for June 20, 2017 to Consider Amending Chapter 312 of the Code of Indian River County - LEGISLATIVE The Board of County Commissioners will hold a Public Hearing on Tuesday, June 20, 2017, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider amending Section 312.11 (Performance Security), Section 312.13 (Termination of Use or Removal of Object) and Section 312.14 (Public Protection and Liability) of Chapter 312 (Rights -Of -Way) of the Code of Indian River County, Florida in order to provide additional requirements for installation in County rights-of-way; and providing for codification, severability, repeal of conflicting provisions, and an effective date. /nhm �O C 3 P197 /41 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Stan Boling, AICP Community Development Director FROM: Phil Matson, AICP MPO Staff Director DATE: May 11, 2017 RE: Request to Review Scope of Services and Authorize Initiation of the Consultant Selection Process for an Impact Fee Update It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of June 13, 2017. DESCRIPTION AND CONDITIONS In May of 2005, the Board of County Commissioners adopted a new impact fee ordinance with an effective date of July 1, 2005. That ordinance established eight (8) new non -traffic impact fees and increased the traffic impact fee rate. At the time of adoption of the impact fee ordinance, it was recognized that periodic updates to the impact fee rate schedules would be necessary due to changes in the components of the fee, such as construction and land costs. Section 1000.13(2) of the impact fee ordinance requires that the impact fee schedule be reviewed by the Board of County Commissioners at least once every third year. Because the last update was conducted in 2014, the Board needs to consider another update. The 2014 update was driven by the Board's direction to develop a sound methodology for reducing non-residential impact fees in order to encourage economic development. The resulting 2014 Impact Fee Update incorporated a new element (the Affordable Growth model), which enabled staff to calculate the amount that the County can "buy down" or subsidize non- residential impact fees with other revenues (such as the local option sales tax) relative to low -to - moderate background growth rates. Implicit in the adoption of the Affordable Growth model was the assumption that the County would periodically revisit the growth rates, available "buy down" revenue, and policies resulting in a reduction of impact fee rates for non-residential projects. As with all impact fee updates, consultant expertise is needed. Staff has drafted the attached Scope of 'Services (Attachment 1) to update the County's impact fee ordinance and rate schedules. Once the scope of services is approved by the Board along with authorization to P198 proceed with the update, staff will incorporate the scope into a formal request for qualifications (RFQ) document and initiate the consultant selection process. ANALYSIS Purpose of Impact Fees By definition, an impact fee is a one-time charge levied against new development for the purpose of financing expansion of a capital facility. In Florida, impact fee requirements have evolved through various court decisions over the years. Impact fees are not taxes. For that reason, impact fees are subject to different rules than are taxes. As with fees generally, impact fees must be structured such that the fee, which a feepayer pays, must be directly proportional to the benefit that the feepayer receives. Consistent with case law, impact fees must be used only for capacity producing capital improvements necessitated by new growth. Impact fees may not be used for operation and maintenance expenses, nor may impact fees be used to correct existing deficiencies. Impact fees are thus intended to assign the burden of paying for a portion of new public capital facilities to new residents and businesses that use or benefit from the capital facility, while at the same time assuring that new development does not reduce the quality of life for existing residents and businesses. As part of an impact fee program, quality of life is measured through establishing a level of service standard for each impact fee program category (such as traffic, parks, schools, and fire/EMS). Maintaining the level of service for a particular public facility/service results in maintaining the quality of life for existing and new residents. The level of service for each of the impact fee program categories is listed within the County's Comprehensive Plan as well as the County impact fee ordinance. Scope of Services As ' structured, the draft scope of services (Attachment 1) is greatly reduced in scale from the previous 2014 effort. That is because the previous effort included a full review of all components of all fee categories, development of a legally defensible methodology for reducing non-residential impact fees, and revisiting level of service standards. The current update focuses on updating those elements that were likely to have changed significantly since 2014, such as land and construction costs, grant funding, and other revenue data. On the other hand, fee variables such as trip length and trip generation rates will not revisited in this scope largely because no new guidance has been issued and no major changes have occurred in the past three years affecting those variables. Although some elements of previous updates will not be undertaken in this update, the attached Scope does include one new element: an update of the local growth rate and the availability of "buy down" revenue used in the Affordable Growth model and resulting changes in fee rates. Staff anticipates that changes in some components (such as the growth rate and facility costs) will push fees higher while other changes (such as the sales tax credit component and increased 2 P199 availability of "buy down" revenue resulting from the sales tax extension) will push fees lower. Staff also anticipates applying the same policy decisions made during the 2014 update to keep non-residential impact fee rates low. On balance, staff does not expect significant changes in impact fee rates. With approval of the draft scope of services by the Board at its June 13, 2017 meeting, an RFQ can be issued by the end of June with consultant proposals due by the end of July. Consistent with that schedule, the Board could approve a consultant contract in late August. Staff estimates. the study will take six to nine months to complete from issuance of a notice to proceed. FINANCIAL IMPACT The consultant's fees will be paid with revenue from the Impact Fee administration fund (10320415-033110). RECOMMENDATION Staff recommends that the Board of County Commissioners review the attached scope of services for the impact fee update, make any necessary changes, and authorize staff to initiate the consultant selection process for the update. Attachment: 1. Scope of Services for Indian River County Impact Fee Update FACommunity Development\Impact Fee\Impact Fee Studies\2017 Update\RFP and Invoices\RFP and Consultant Selection\Staff Report.doc P200 Attachment 1 SCOPE OF SERVICES INDIAN RIVER COUNTY IMPACT FEE UPDATE INTRODUCTION: Indian River County is located on south central Florida's eastern coast. With a current population of approximately 150,000, the County has an urbanized coastal area and a rural western area. There are five incorporated municipalities in the County. These municipalities occupy approximately ten percent of the County's land area and accommodate less than thirty-five percent of the total County population. Consistent with this trend, most of the County's growth is occurring in the unincorporated area. In the last several decades, the County's growth rate has been significant. After exceeding 50% in the 1980s, the County's growth exceeded 20% in both the 1990s and 2000s. To address the infrastructure costs associated with new growth, the County instituted a countywide traffic impact fee program in 1986. Also in the 1980's, the County instituted water and sewer capacity charges within the County's water and sewer service area. Because of the amount of growth and development, the Board of County Commissioners, in 2005, approved impact fees for eight additional service/facility categories. These categories are: • Correctional Facilities • Solid Waste Facilities • Public Education Facilities • Libraries • Fire/Emergency Services • Law Enforcement • Public Buildings • Parks Unlike many counties, Indian River County has an impact fee system that includes all five of the County's municipalities. Through interlocal agreements with the County, the municipalities collect impact fees within their jurisdictions and transmit those fees to the County. To cover that cost, the municipalities receive a portion of the impact fee administration charge. While some of the County's impact fees (traffic, corrections, solid waste, education, public buildings, and libraries) are imposed countywide, one fee (fire/EMS) is imposed countywide except for the Town of Indian River Shores (Indian River Shores is the only municipality that does not participate in the County's Emergency Service District).. The other fees (law enforcement and parks) are imposed only in the unincorporated county. According to the Indian River County Impact Fee Ordinance, every three years, the county will review its impact fees and decide whether or not to update and change the fee schedules to reflect current P201 development conditions. Since the last impact fee review was performed in 2014, the county has determined to update its impact fees at this time. PURPOSE: The purpose of this project is to update the rates for all nine of the impact fee categories (not including water and sewer capacity changes) referenced above to account for changes to demand variables, credit characteristics, and land and construction costs. This project will also involve an update to the Affordable Growth Model based on a reexamination of growth rate assumptions and available "buy down" revenue and will recommend changes to the impact fees based on the County's ability to buy down those fees based on Board policy decisions. SCOPE OF ACTIVITIES: TASK 1— DATA COLLECTION AND ANALYSIS TASK 1.1 REVIEW OF THE COUNTY'S 2014 IMPACT FEE STUDY AND BACKGROUND DATA CONSULTANT shall review the County's most recent impact fee study report in order to become familiar with the impact fee formulas and methodologies used in computing Indian River County Impact Fee rates. The CONSULTANT shall also review the Affordable Growth Model used to recommend an appropriate "buy down" of impact fees to encourage non- residential development. The CONSULTANT shall use the inventories included in the 2014 study for all program areas, with the exception of public schools. The public education facilities inventory will be updated to reflect most recent FISH capacities and enrollment figures. Public education administrative, maintenance, and fleet inventories can be based on those contained in the 2014 study. TASK 1.2 TRANSPORTATION COST DATA COLLECTION The CONSULTANT shall review the Indian River County MPO 2040 Cost Feasible Plan and identify which improvements on that plan have not been constructed as well as the actual costs of construction and right-of-way acquisition for roadway projects completed in Indian River County in the last five (5) years. The CONSULTANT shall use this information in identifying an average unit cost for the provision of various construction components, including right-of-way costs; per -lane -mile roadway construction costs; bridge construction costs; safety improvement costs (such as lighting, signage, and pavement markings); and any other cost elements necessary to obtain a complete and accurate update of project cost. TASK 1.3 NON -TRANSPORTATION COST DATA COLLECTION N P202 For each non -transportation facility/service category referenced above, CONSULTANT shall coordinate with applicable departments, agencies, the school district and the property appraiser's office to compile current information (last 12 months) regarding land and construction costs. Specific information collected/documented shall include: Recent land sales for properties that meet the size and location criteria appropriate for each facility/service category. This information shall, for each land sales transaction, include: Total cost of property Per acre cost of property Recent construction projects for each service facility category. For each project, information collected shall include: Design Cost Construction Cost, including landscape and hardscape site improvements Engineering and Inspection.Costs Bids received, contracts awarded, or engineer's cost estimates for applicable projects not yet completed. • Current construction cost indices for service facility categories • Historic capital costs/facility inventory lists (total costs and unit costs) Programmed and Planned capital costs All cost information for transportation and non -transportation facilities will be reviewed by the consultant against costs for similar construction and development used in other jurisdictions. Where appropriate, industry and comparable data will be used to supplement or modify the local data. TASK 1.4 REVENUE IDENTIFICATION CONSULTANT shall update recent historic and projected capital improvement funding sources, including: Revenue sources for capital expenditures including, but not limited to, the recent local option sales tax extension (and its anticipated use in funding capital for impact fee category capital items), local option gas tax, state grants, and federal grants. Revenue source amount projections by source. Debt Service for Bond Proceeds used for capital construction TASK 1.5 CREDIT COMPONENT P203 Using the data collected in Tasks 1.2 through 1.4, CONSULTANT shall determine a net impact cost per resident for each non -transportation impact fee facility/service category. This task will involve, but may not be limited to, calculating: Capital Improvements credit per resident • Effective vacant land value percentages, taking into account taxable values of vacant land and total property value for the County • Revenue credit per resident for past property taxes The CONSULTANT shall also adjust traffic impact fee credits, particularly the increasing share of Local Option Sales Tax funds allocated to highway projects since 2009. TASK 2 — METHODOLOGY TASK 2.1 UPDATE OF THE AFFORDABLE GROWTH MODEL As part of this Task, CONSULTANT will update the Affordable Growth model that provides flexibility in the levels of impact fees by area or land use and assists the COUNTY in developing incentives to encourage the desired types of future development. Historical and projected population growth rates will be evaluated to update the level of growth incorporated into the model. Based on the results of the updated credit component, available revenue flows will be updated to determine the COUNTY'S ability to buy down fees through this method. Results of this task will summarized in the draft technical report. TASK 3. UPDATED FEE SCHEDULE TASK 3.1 ADMINISTRATION REVIEW AND ADMINISTRATION FEE UPDATE CONSULTANT shall review current procedures and estimate staff time associated with administering the existing traffic impact fee program. Based on that review, CONSULTANT shall determine the annual costs for administering the impact fee program and shall prepare an update of the administration fees as appropriate. That update shall comply with applicable state requirements for establishing impact fee administrative charges. TASK 3.2 FEE SCHEDULE PREPARATION For each facility/service category, CONSULTANT shall coordinate with COUNTY staff to prepare updated fee schedules. The updated schedules must reflect the preferred policy and other alternatives selected by COUNTY, as appropriate. The revised fee schedules will incorporate all relevant updated land acquisition and construction cost data; updated impact fee credit data (based on recent local option sales tax expenditure trends); and updated independent variable data, as appropriate. The fee schedules will be informed by the Affordable Growth 4 P204 economic and development conditions. Since the last impact fee review was performed in 2014, the county has determined to update its impact fees at this time. PURPOSE: The purpose of this project is to update the rates for all nine of the impact fee categories (not including water and sewer capacity changes) referenced above to account for changes to demand variables, credit characteristics, and land and construction costs. This project will also involve an update to the Affordable Growth Model based on a reexamination of growth rate assumptions and available "buy down" revenue and will recommend changes to the impact fees based on the County's ability to buy down those fees based on Board policy decisions. SCOPE OF ACTIVITIES: TASK 1— DATA COLLECTION AND ANALYSIS TASK 1.1 REVIEW OF THE COUNTY'S 2014 IMPACT FEE STUDY AND BACKGROUND DATA CONSULTANT shall review the County's most recent impact fee study report in order to become familiar with the impact fee formulas and methodologies used in computing Indian River County Impact Fee rates. The CONSULTANT shall also review the Affordable Growth Model used to recommend an appropriate "buy down" of impact fees to encourage non- residential development. The CONSULTANT shall use the inventories included in the 2014 study for all program areas, with the exception of public schools. The public education facilities inventory will be updated to reflect most recent FISH capacities and enrollment figures. Public education administrative, maintenance, and fleet inventories can be based on those contained in the 2014 study. TASK 1.2 TRANSPORTATION COST DATA COLLECTION The CONSULTANT shall review the Indian River County MPO 2040 Cost Feasible Plan and identify which improvements on that plan have not been constructed as well as the actual costs of construction and right-of-way acquisition for roadway projects completed in Indian River County in the last five (5) years. The CONSULTANT shall use this information in identifying an average unit cost for the provision of various construction components, including right-of-way costs; per -lane -mile roadway construction costs; bridge construction costs; safety improvement costs (such as lighting, signage, and pavement markings); and any other cost elements necessary to obtain a complete and accurate update of project cost. TASK 1.3 NON -TRANSPORTATION COST DATA COLLECTION tj P205 For each non -transportation facility/service category referenced above, CONSULTANT shall coordinate with applicable departments, agencies, the school district and the property appraiser's office to compile current information (last 12 months) regarding land and construction costs. Specific information collected/documented shall include: • Recent land sales for properties that meet the size and location criteria appropriate for each facility/service category. This information shall, for each land sales transaction, include: Total cost of property Per acre cost of property Recent construction projects for each service facility category. For each project, information collected shall include: Design Cost Construction Cost, including landscape and hardscape site improvements Engineering and Inspection Costs • Bids received, contracts awarded, or engineer's cost estimates for applicable projects not yet completed. • Current construction cost indices for service facility categories Historic capital costs/facility inventory lists (total costs and unit costs) • Programmed and Planned capital costs All cost information for transportation and non -transportation facilities will be reviewed by the consultant against costs for similar construction and development used in other jurisdictions. Where appropriate, industry and comparable data will be used to supplement or modify the local data. TASK 1.4 REVENUE IDENTIFICATION CONSULTANT shall update recent historic and projected capital improvement funding sources, including: Revenue sources for capital expenditures including, but not limited to, the recent local option sales tax extension (and its anticipated use in funding capital for impact fee category capital items), local option gas tax, state grants, and federal grants. Revenue source amount projections by source. Debt Service for Bond Proceeds used for capital construction TASK 1.5 CREDIT COMPONENT 3 P206 Using the data collected in Tasks 1.2 through 1.4, CONSULTANT shall detennine a net impact cost per resident for each non -transportation impact fee facility/service category. This task will involve, but may not be limited to, calculating: • Capital Improvements credit per resident • Effective vacant land value percentages, taking into account taxable values of vacant land and total property value for the County • Revenue credit per resident for past property taxes The CONSULTANT shall also adjust traffic impact fee credits, particularly the increasing share of Local Option Sales Tax funds allocated to highway projects since 2009. TASK 2 — METHODOLOGY TASK 2.1 UPDATE OF THE AFFORDABLE GROWTH MODEL As part of this Task, CONSULTANT will update the Affordable Growth model that provides flexibility in the levels of impact fees by area or land use and assists the COUNTY in developing incentives to encourage the desired types of future development. Historical and projected population growth rates will be evaluated to update the level of growth incorporated into the model. Based on the results of the updated credit component, available revenue flows will be updated to determine the COUNTY'S ability to buy down fees through this method. Results of this task will summarized in the draft technical report. TASK 3. UPDATED FEE SCHEDULE TASK 3.1 ADMINISTRATION REVIEW AND ADMINISTRATION FEE UPDATE CONSULTANT shall review current procedures and estimate staff time associated with administering the existing traffic impact fee program. Based on that review, CONSULTANT shall determine the annual costs for administering the impact fee program and shall prepare an update of the administration fees as appropriate. That update shall comply with applicable state requirements for establishing impact fee administrative charges. TASK 3.2 FEE SCHEDULE PREPARATION For each facility/service category, CONSULTANT shall coordinate with COUNTY staff to prepare updated fee schedules. The updated schedules must reflect the preferred policy and other alternatives selected by COUNTY, as appropriate. The revised fee schedules will incorporate all relevant updated land acquisition and construction cost data; updated impact fee credit data (based on recent local option sales tax expenditure trends); and updated independent variable data, as appropriate. The fee schedules will be informed by the Affordable Growth 2 P207 model and may entail revised impact fee formulas, where revision of those formulas have been proposed by CONSULTANT and found acceptable to the COUNTY. TASK 4 —FINAL REPORT TASK 4.1 PUBLIC HEARINGS AND MEETINGS CONSULTANT shall attend three in-person meetings/public hearings for adoption of the revised impact fees. At the meetings, CONSULTANT shall present the proposed impact fees and explain the methodology employed to develop the fees. CONSULTANT shall prepare all presentation material, including Power Point presentations, presentation boards, and handouts. On scheduled in-person meeting/hearing dates, CONSULTANT shall also schedule separate in- person meetings with staff to review progress on tasks and discuss project status. In addition to these meetings/hearings, CONSULTANT shall attend one kickoff conference call and one conference call to review the draft report. TASK 4.2 DOCUMENT PREPARATION CONSULTANT shall compile information from TASKS 1 - 3 and incorporate that information into a draft report. The report will include all information, estimates, projections, analysis, assumptions made, and methodologies employed to complete the tasks. The report shall include all relevant information in the principal document, with other information/data incorporated in technical appendices, including a comparison of impact fee rates used in other counties. After COUNTY review, CONSULTANT shall make necessary revisions to the draft and transmit.final report to COUNTY. TASK 5 — IMPACT FEE UPDATE REQUIREMENTS AND PROVISIONS OF WORK TASK 5.1 PROJECT SCHEDULE The schedule for completion for the project will be a maximum of nine (9) months from the date of issuance of the Notice to Proceed. Prior to COUNTY'S issuance of a Notice to Proceed, CONSULTANT shall prepare a schedule of calendar deadlines for deliverables. TASK 5.2 PROGRESS REPORTING AND INVOICING CONSULTANT shall on a monthly basis provide COUNTY with written progress reports describing'the work performed on each task. Also on a monthly basis, CONSULTANT shall submit one originally signed copy of an invoice package to the COUNTY'S Project Manager. Judgment on whether work of sufficient quality and quantity has been accomplished will be made by the COUNTY'S Project Manager using a comparison of reported percent work completed against actual work accomplished. FACommunity DevelopmentUmpact FeelImpact Fee Studies\2017 UpdatelRFP and Invoices\R.FP and Consultant Selection\Scope 2017 TIF.doc P2O9 /aF i Departmental Matters INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: June 6, 2017 THROUGH: Jason E. Brown, County Administrator FROM: Michael Smykowski /15, Director, Office of Management & Budget SUBJECT: Interfund Loan— Lakes Golf Course Background The Lakes Golf Course at Sandridge Golf Club opened for play in 1992. Since that time, the course had operated with the original irrigation system meaning that the system was over twenty- five (25) years old, including the grow -in period of the course. The life expectancy for these systems is about 20 years. On February 7, 2017, the Board of County Commissioners awarded Bid No: 2017016 to Duininck Inc. in the amount of $1,246,000 for the replacement of the irrigation system. The project was scheduled to commence on May 1, 2017 with a 120 day completion deadline. As part of that agenda item, staff requested initial authorization for an interfund loan in a not to exceed amount of $1,246,000 for this project. Following peak tourist season, staff would re-evaluate the cash position in the Golf Course fund and determine the final amount and term of the interfund loan required to finance this project. Funding Due to continued profitable operations at the Golf Course, the interfund borrowing needs are less than the $1,246,000 originally anticipated. At this time, staff is requesting approval of an interfund loan from the General Fund in the amount of $1,100,000. This principal amount will be repaid to the General Fund over a four (4) year period. Staff recommends an interest rate of 1.5%, which provide borrowed funds at a relatively low interest rate for the golf course. Additionally, it will provide increased interest earnings for the General Fund. The average yield on county investments for the quarter ending March 31, 2017 was 0.75%. This results in a win-win scenario where the Golf Course obtains a slightly lower interest rate than would be available otherwise, and the General Fund receives interest at a higher rate than it is receiving in other investments currently. Please see the proposed debt service schedule attached. Principal and interest payments for the four (4) year period total about $285,000 per year. P210 Board of County Commissioner Page 2 of 2 June 6, 2017 Staff Recommendation Staff recommends that the Board authorize an interfund loan from General Fund reserves in the amount of $1,100,000 at an interest rate of 1.5% per year. The principal of this loan will be repaid over a four (4) year period as shown in the attached Proposed Debt Service Schedule. Attachment Proposed Debt Service Schedule P211 Golf Course Bonds - Proposed Debt Service -Schedule Lakes Irrigation System Irrigation Debt Year Fiscal Year Interest Total P&I Total P&I Fiscal Year March 1 2018 $8,250 $8,250 March 1 2019 $6,188 $ March 1 2020 $4,125 $4,125 March 1 2021 $2,063 $2,063 Grand Totals $47,439 $1,100,000 $1,147,439 Additional to fund irrigation system/other improvements: $1,100,000 Total Amount of New Debt $1,100,000 Interest Rate on New Debt: 1.50% F:\Budget\agenda items\agenda 2016171irrigation System Replacement For June 2017 Agenda - Interfund Loan 6/7/2017 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 30, 2017 SUBJECT: Code Enforcement Board Appointment 134 Attorney's Matters - B.C. C. 06.13.17 RIVER COUNTY ATTORNEY On September 13, 2011, the Board of County Commissioners adopted Resolution 2011-072, which assigned to the County Attorney's Office the task of monitoring certain committee member terms, and overseeing the process of appointments and reappointments. This agenda item is to consider the appointment of an applicant to fill the "Member at Large" vacancy on the Code Enforcement Board, which term expires in January 2020. The vacancy has .been advertised on the County's website and on Channel 27 in excess of 30 days. The following is the name of the qualified applicant for this position, whose resume and application is available for review in the Commissioners' Front Office area: Kelley Armitage RECOMMENDATION. The County Attorney recommends that the Board review the applicant's resume and application, and determine whether to appoint him to fill the unexpired term for the "Member at Large" representative to the Code Enforcement Board. ATTACHMENTS Application Resume F:\Atiorney\Christina\COMMrffEES\General Matters\BCC Agenda Memos\170530 Committee Appointment (CEB) - Armitage docs P213 RECEIVED INDIAN RIVER COUNTY APPLICATION MAR 14 2017 FOR COMMITTEE APPOINTMENT �i4AR T.i Or r'4337NTk �el�leAr`mita a �_o?,.i; 1ssxc N Name: I^ y g Date: 3!12/17 4� Full Name: Kelley Armitage Email Address: kel armitage@hotmail.com Street Address (No P.Q. Boxes): 95 Corsica Place, Vero Beach, Fla. 32967 Home Phone:72217-3609 Work Phone: Cell Phone: How long have you been a resident of Indian River County? 11.5 Years Are you a full or part time resident? Check one: Full TimeoPart Time Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Please list any licenses you presently hold: The Rorda Bar Southern District of Florida Eleventh Circuit United States Supreme Court Please list any organization of which you are currently a member.: n/a Please list any other committees or boards you currentiv sit on- Lontunued on next page P214 Place a check mark next to the committees) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ECONOMIC DEVELOPMENT COUNCIL ENTERPRISE ZONE DEVELOPMENT AGENCY ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE Li MPO CITIZEN ADVISORY COMMITTEE NEIGHBORHOOD STABILIZATION PROGRAM —CITIZEN ADVISORY TASK -FORCE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE -ECONOMIC DEVELOPMENT STRATEGY 4i I I- " � d** ' - -: fi:`u i 016 ti - a ��*A,rqs_",,totheBoardof County Commission office, 1801 27th Street, Vero. Beach, FL. 32960, or by fax at 772-770-5334. Please note; Ail applications are kept on file for 6 months. W99 KELLEY H. ARMiTAGE 5495. Corsica Place, Vero Beach, Fla. 32967-7677 A kel_armitage@bellsouth.net • (772) 217-3609 City of Sebastian, Sebastian, Fla. (2014 to Present) Interim City Attorney & .Special Magistrate Managed litigation and general services for large government entity, including contract negotiations and review, lease agreements, telecommunications law, public finance, and inter -local agreements. Handled administrative hearings. Drafted legislation and lobbied legislature to pass bill. Drafted administrative rules and policies and enforced them, Presided over administrative hearings involving Violations of the City's ordinances. Took evidence, evaluated witness. testimony and reviewed documents. Rendered decisions to which the parties are bound. • Oversaw an extensive litigation docket and decided the outcome of civil cases and administrative disputes. Volk Law Offices, Melbourne, Fla. (2015 to 2016). Attorney Advised clients regarding the specific laws that govern the establishment and operation of businesses. Provided mentoring and counseling services to new clients that wish to create and operate anew small business in the state of Florida. Protected clients' rights regarding intellectual property infringement and warded off false charges of infringement. Advised Clients concerning the rights and obligations of employer and employee relationships. Review and prepare legal. pleadings, motions, discovery. Initiated and defended civil cases handling trial and negotiations. • Lead counsel for land use, regulated business operations, and government contracting. Palm Beach County, West Palm Beach, Fla. (2005 to 2009) Judicial Magistrate Presided over civil hearings, entertained, pre-trial motions and issued orders detailing judicial reasoning. Presided over trials as judicial officer, finding facts and applying law. Adjudicated guilt or innocence and determined sentence. • Oversaw civil courtroom and arbitrated compliance and regulatory issues and cases. State of Florida, West Palm Beach, Fla. (2002 to 2005) Lead Assistant Attorney General Supervised investigations of medical providers regarding HiPAA, Medicare and Medicaid reimbursement, fraud and abuse, and anti -kickback issues. Supervised Investigations of nursing homes, assisted living facilities and hospitals concerning patient abuse, neglect and exploitation. Drafted administration policy papers and proposed legislation. Inspected assisted living facilities and nursing homes relating to corporate governance and regulatory compliance. • Lead counsel for False Claims Act cases and civil forfeiture actions brought in troth state and federal courts. South Florida Water Management District, West Palm Beach, Fla. (1996 to 2001) Senior Attorney Managed litigation and general services for large government entity, including contract negotiations and review, lease agreements, telecommunications law, public finance, and inter -local agreements. Handled administrative hearings. Drafted legislation and lobbied legislature to pass bill. Drafted administrative rules and policies and enforced them. • Lead public finance and business counsel for Everglades and telecommunications projects. �...:. ..:.....: > ...:.- ;.. Ariricles • Denial Ain? Just a River in Egypt .A Thorough Review of Judicial Elections, Merit Selection and the Role of State Judges in Society, 29 Capital University Law Review 625 (2002). A summary of the deliberative ebb and flow in the judicial appointments versus judicial elections debate. This article has been cited in 30 legal journals. • It's Good to be King (At Least it Used to be and Could be Again); A Textualist View of Sovereign Immunity, 29 Stetson Law Review 599 (2000). Examination of court decisions that address progressive social causes and public contracting -Investigation and deconstruction of textualist tendencies of modern courts, concerning public contracting. This article has been cited by the West Virginia Supreme Court of Appeals and seven legal journals. • Constitution Revision Commissions Prevent icxl-ro kng, Dont They. 72 Florida Bar Journal 62 (Nov. 1998). Analysis of the role constitution revision commissions play in Florida. Determined that log -rolling prohibitions applied to ballot initiatives proposed by the Revision Commission. This article has been cited by five legal journals. _ - ... Civic & Professional Organizations Palm Beach County Zoning Commission, West Palm, Beach, Fla. Amnesty International, New York, NY Town of Jupiter Art Committee, Jupiter, Fla. The Federalist Society, Washington, D.C. Habitat for Humanity, West Palm Beach, Fla. Page 1 of 1 P216 Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney l36 Office Of Attorney's Matters 0611312017 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director ATTORNEY FROM: William K. DeBraal, Deputy County Attorney DATE: June 7, 2017 SUBJECT: Resolution Authorizing the Florida Department of Transportation to Acquire Right -of - Way for the State Road 60/43rd Avenue Project and Use the Mermaid Carwash and Lennie's Lounge Parcels as Mitigation and for Cure Plans In June 2015, the County and the Florida Department of Transportation (FDOT) entered into a County Incentive Grant Program Locally Funded Agreement (Incentive Agreement) whereby FDOT would acquire the needed right-of-way for the SR 60/43rd Avenue intersection improvements with the cost of acquisition to be split equally between the parties. Prior to entering into the Incentive Agreement, the County purchased the Mermaid Carwash owned by Timothy and Joshana Tynes on December 16, 2008. The County leased the property back to the Tynes with the lease ending on August 31, 2017. The County acquired the carwash site to use the 0.47 acre property as a possible cure plan parcel, dividing the lot between the Cumberland Farms convenience store to the south and the Szechuan Palace restaurant to the north. The FDOT is in the process of finalizing appraisals, making good faith offers and negotiating with Cumberland Farms and the Szechuan Palace for rights-of-way needed on 431d Avenue. In 2008, the County also purchased the old Lennie's Lounge located at 1959 431 Avenue. The building has since been demolished and the 43rd Avenue right-of-way cut out of the parcel. The owner of the property that comprises the Mobil gas station and convenience store to the north of the Lennie's Lounge remainder has expressed interest in acquiring the Lennie's remainder parcel. The landowner, Paradise Central, Inc., (Central) is a locally owned corporation. The current plans for the SR 60/43rd Avenue expansion shows right-of-way needed from Central on both SR 60 and 43rd Avenue. Central's gas tanks will be impacted by the take and must be moved. Central has received an offer from FDOT that basically takes the entire property. Central is not receptive to the entire take as it has a long term lease on the property with a company out of Hialeah, FL. The Hialeah company in turn leases the gas pumps and convenience store to a local family that runs the store and station. Thus, three separate entities are making a profit from the one parcel of property. Central's owners have weighed the benefit of receiving compensation for a full take versus the taxes it would pay as a result of the take and has decided to try to remain at the location and keep the three businesses in operation. Central is interested in acquiring the Lennie's Lounge remainder as a new site for its underground fuel tanks. By relocating the tanks to the south side of the property, FDOT would take the right-of-way needed from the north and east side of the Central parcel and P217 Right-of-way Resolution June 7, 2017 Page 2 Central contends it will still have enough land to operate the gas station and convenience store in their present locations. Under the Incentive Agreement, FDOT is responsible for devising cure plans and negotiating the right-of-way acquisitions. In order for FDOT to negotiate cure .plans with Cumberland, Szechuan Palace and Central using the County owned Mermaid Carwash and Lennie's Lounge sites, permission must be obtained from the Board of County,Commissioners. The County's consent would be given in the accompanying resolution giving FDOT permission to use the parcels in negotiating damages and formulating cure plans. The resolution allows FDOT to use the parcels in negotiations but does not give authority for them to convey the parcels without County approval. FDOT has already ordered appraisals of the Lennie's and Mermaid sites and is negotiating with Paradise, Cumberland Farms and the Szechuan Palace. FUNDING. There is no impact to County funds associated with this Resolution. RECOMMENDATION. Staff recommends the Board of County Commissioners approve the Resolution permitting FDOT to use the County owned Mermaid Carwash and Lennie's Lounge sites in negotiations with the neighboring property owners to mitigate damages and formulate cure plans and authorize the Chairman to execute the resolution. Attachment: Resolution for FDOT to Obtain SR 60/43rd Avenue ROW Copy to: Robin Brisebois, FDOT 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 P218 RESOLUTION NO. 2017 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE FLORIDA DEPARTMENT OF TRANSPORTATION TO ACQUIRE PROPERTY RIGHTS ALONG STATE ROAD 60 AND 43P*D AVENUE FOR INTERSECTION IMPROVEMENT WHEREAS, Indian River County, (County) with the assistance of the Florida Department of Transportation (Department) is pursuing the construction of a roadway project for the improvement of the intersection of SR 60 (20th Street) and CR 611 (431d Avenue) (Project), as depicted in the attached Exhibit "A" and associated with Financial Management Number 431759- 1 Section 88060-2526, in Indian River County, Florida; and WHEREAS, the Proj6ct will involve the acquisition of certain property rights along the Project corridor, either through administrative settlements or eminent domain proceedings; and WHEREAS, the County desires for the Department to perform the right of way acquisition and related activities, including eminent domain proceedings for and on behalf of the County; and WHEREAS, upon the Department's completion of its acquisition activities, the County will accept the acquired property from the Department; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1 1. INDIAN RIVER COUNTY does hereby authorize the Department to obtain all property rights needed for the Project, as part of the cooperative efforts between the Department and the County. 2. The County hereby authorizes the Department to conduct right of way acquisition and related activities, including eminent domain proceedings, on the Project, in accordance with the federal Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended. 3. The County further authorizes the Department to utilize two parcels of County owned property: the former Lennie's Lounge remainder parcel and the Mermaid Carwash parcel in its negotiations for mitigation of damages and formation of cure plans associated with the Project. P219 RESOLUTION NO. 2017 - 4. The County shall forward a certified copy of this Resolution forthwith to the State of Florida Department of Transportation at 3400 West Commercial Boulevard, Fort Lauderdale, Florida 33309. THIS RESOLUTION was moved for adoption by Commissioner seconded by Commissioner , and adopted on the this day of , 2017, by the following vote: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Bob Solari Commissioner Tim Zorc The Chairman declared the resolution duly passed and adopted this day of May, 2017. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller APPROVED AS TO LEGAL FORM: William K. beBraal Deputy County Attorney cc: Florida Department of Transportation 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 F Deputy Clerk P220 P221 EXHIBIT "/fir' BEGIN 11/11 MAP , PROJECT NO. 08060-2SZ6 010 fl STATION 263T•00.00 a�c END RA WAP fld.28 FHI 630 E6 2s •' PROJECT NO. 86060-2626 30 28 .27 _ 41 STATION 2659.61.80 VER° BEACH\ C&ffy ( L_ 32 'i MJN. AIRPORT 36 505 UK Aro. \ �• \`\„` itB�. 3Z 5. Mat>< TIIP. 33 S. 60 e '•c:t/-� to St.. Lumbud t7tY St. B ��• Rasmwe '.• Ad. i 1t B 611 Pi1 12 ne Tree -7} Pmr� 1SWIxn St 612 6 t5 Si. 19 505A R. O. Carter Ad l; ' 24 •i.3bUfA a: RebN 20 Ad. 21 an c23 i - e� N.T.S. 22 607 °s e`,k 605 (VICINITY MAP) NOT TO SCALE FLORIDA DEPARTMENT OF TRANSPORTATION NOT A SURVEY - STATE ROAD NO. 60 INDIAN RIVER COUNTY BY DATE PRFPAR20 BY: DATA SOURCE WA DRAWN REVIRON BY OATt: CMEC7CED J ---r. NO. 431759-1 SECTION 88060-2526 COVER SHEET P221 ITEM 14.C.1 JUNE 135 2017 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: June 7, 2017 SUBJECT: Roseland Community Building FROM: Susan Adams, Commissioner District 1 I'm bringing this forward and asking the Commission to allocate $8300 to assess the condition of the Roseland Community Building. I respectfully request the information contained herein be given formal consideration by the Board. BACKGROUND: The Roseland Community Building, a county asset and community gem, is in danger of falling into the St Sebastian River. The 88 year old building is suffering from termite damage, floor damage and structural settlement. The county does not have a full understanding of the extent of the issues and damage facing this historic structure, nor is there a plan in place to address them. Left unaddressed these issues will continue to devalue and erode this important county asset. We have far too many historic structures within the county that have been lost or significantly damaged due to deferred or lack of maintenance, for example the Archie Smith Fish house and the 1920's Homestead at the South Prong Preserve/Shadowbrook Tract. The Roseland Community Building is a vital part of the community. Nestled in the Roseland Community Park, it is the only county building overlooking the St Sebastian River. The building is listed on the Florida Master Site File of Historical Structures. It is referenced on the Roseland Historical Marker and included in the Historic Roseland Neighborhood Plan which was created by the Roseland Neighborhood Plan Task Force and adopted by the BOCC September 9th, 2003. The purpose of the Historic Roseland Neighborhood Plan is to create and identify goals to ensure that Roseland maintains its unique character, identity and sense of place. This building is an essential part of that sense of place and a part that we cannot recreate. We should be active participants in C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@ 1806BF 89\@BCL@ 1806BF89.doc P222 this plan, helping move identified goals forward. The preservation/renovation of the Roseland Community Building falls squarely within these parameters. • "Roseland Neighborhood Plan Goal ... The goal of the Roseland Neighborhood Plan is to maintain the quality of life in the Roseland are, preserve natural and historic resources..." Historic Roseland Neighborhood Plan pg. 37 "Quality of Life .... While Roseland residents currently enjoy"a high quality of life, that quality of life can be further enhanced through various projects and programs to beautify Roseland and preserve its historic integrity" Historic Roseland Neighborhood Plan pg. 42. In the late 1920's the Roseland Women's Club received permission from Indian River County to construct a building on county land that was reserved for the Roseland Community Park. Construction was completed in 1929 and included pilings from the old bridge used as underpinnings. On January 19th, 1959 the Indian River County Board of County Commissioners requested that the Roseland Women's Club be designated custodians of the Roseland Community Building. In 1984, the IRCBOCC entered into a lease with the Roseland Women's Club, noting that there never was an official lease, but rather an understanding over the years. The Lease ran for a term of 20 years, terminating in 2004. The lease has not been renewed, although the Roseland Women's Club continues to perform duties required under the expired lease... i.e. Utilities, scheduling, interior maintenance etc. Public Works Director Rich Szpyrka has reinstalled the A/C and stabilized the building per direction from the BOCC at the March 7th meeting. The building remains unoccupied at this time due to the unknown extent of the damage to the substructure of the building. In order to better ascertain the issues facing the building, staff has a proposed work order to perform a building analysis that would include a report of all necessary repairs as well as estimated costs for these repairs. The proposed cost would be $8,300 and would be appropriated from the general fund. I respectfully request that we give direction to staff to move forward with Work Order #7 Roseland Community Building - Building Analysis. I feel it is in the best interest of the county to expend the funds to protect our asset from further devaluation. FUNDING: Funding for this project would be derived from the general fund. RECOMMENDATION: Direct staff to move forward with Work Order #7 Roseland Community Building- Building Analysis and authorize the execution of any documents needed for such. ATTACHMENTS: --1989 Lease --Letters of Support --Work Order #7 C:\Users\GRANIC-1\AppData\Local\Temp\BCL Technologies\easyPDF 7\@BCL@ 1806BF 89\@BCL@ 1806BF89.doc P223 r JUL 31984 LEASE WITH ROSELAND WOMEN'S CLUB BooK 57 F.�cF 546' MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner wodtke, to approve the lease with the Roseland Women's Club for the Roseland Community Building and authorize the Chairman's signature. Attorney Brandenburg explained that there never was an official written lease for the use of this building before; we simply have had an understanding with the Roseland Women's Club over the years. This now has been written and defined so that each entity knows their responsibilities. Commissioner Bird reported that this action was initiated by the Parks & Recreation Committee. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously (4-0). 18 1 P224 LEASE .This Lease entered into.this day of 1984, by .ween Indian River County, a political subdivision of the state of Florida, hereinafter referred to as "Lessor" and* Roseland Women's Club, Roseland Community Building, Sebastian Avenue, Roseland, Florida, 32957, a non-profit organization, hereinafter, referred as "Lessee", WITNESSETH; 1. Lessor does hereby lease unto Lessee the following described premises to wit; Roselafid Community Building, Sebastian Avenue, Roseland, Florida, 32957 for and in consideration of the sum of $1.00 (ONE DOLLAR) per year and in consideration of the public benefit and welfare which is enhanced by virtue of the Roseland Women's Club's presence on the property, to have and to bold unto the Lessee for a term of twenty (2(?) years commencing on July 1, 1984, subject to the limitations and conditions as hereinafter set forth. This Lease shall -terminate automatically if the Lessee is dissolved and shall terminate upon sixty (60) days prior written notice by County to Lessee that the property is'needed for an overriding public purpose. 2. The Lessee shall establish reasonable rules and regulations for the use of the building by other civic groups and members of the general public. Such rules and regulations shall always be subject to the approval of the Lessor. 3. The. Lessee shall maintain the interior of the building in a proper, fit and reasonable manner at all times. It shall further be the responsibility of the Les'see to arrange for and pay far all utilities serving the building, including but not limited to, water lines, sewer lines, plumbing and wiring, in as good condition as such are at the time of commencement of this Lease. 4. The Lessee shall have the right to operate and allow concessions which are not unlawful or for immoral purposes, except that the Lessee shall not have the right to sell, serve or allow -1- P225 to be consumed, any beer, wine, liquor, or.other' intoxicating beverages in the building. S. The Lessee shall pay for all utilities including lights, telephone, water and gas which they may decide from time to time necessary,'to service the building. 6. The Lessee shall have the right to sublet the building for purposes consistent with this Lease, however, the Lessee shall not discriminate between groups, classes or Individuals with respect to any fees, charges or availability of the premises. Indian River County and North County Recreation Inc, shall be allowed to use the facility at such times and 'insure a manner so!a.%,not to conflict with Lessees' schedule without charge. Lessee shall at all times maintain Contents Insurance ort all items brought into the building by Lessee. Lessor shall have no responsibility whatsoever, for any items of personal property brought into the building by Lessee or persons in the building, by permission of Lessee_ 7. Lessor shall maintain Public Liability Insurance on the premises consistent with that which it maintains on all other County properties. S. It shall be the duty of the Lessee to operate said building at all times for the convenience, benefit and welfare of the public. Said operation shall always be conducted in a clean, wholesome and proper manner, provided further that the manner of the operation of the building shall always be subject to the approval of Lessor and that if at any time said building is not operated in a manner entirely satisfactory to the Lessor, or in the event Lessee otherwise defaults under this Lease, then Lessor shall .have the right of notifying the. Lessee' in writing that the •bui'lding is not being used properly, or of the default, and Immediately terminating this Lease. 9. Lessee shall, on or before �of each calendar year during the term of this agreement, submit to Indian River County an itemized report of its operation's budget. 10. No structure of any kind whatsoever shall be built, and the existing structure shall'not be enlarged without the -2- P226 express prior approval of the County.' 11. Lessee hereby agrees to indemnify and hold Indian River County-. harmless, and shall defend Indian River County from any and all claims, actions, proceedings at law, damages or liabilities of any kind to personal property brought into the building by Lessee or any other person while the building is in the control of Lessee, pursuant to this Lease_ IN WITNESS WHEREOF, Indian River Countyand the Roseland women's Club have caused this Lease to be signed in their respective names. i lv6e s Witness'. Witness a BOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA YwBY ,C= DON C. SCURL CK, JR., - Chairman//1� At tes t,ag c{�ae, _ FREDA WRIGHT, V Clerk BY L J. ,ems ROSELAN WOMEN'. CLUB, a&t. President At test4-L e Approve fon and le ufl` ' y d. randerib rg unty Attorney P227 RECEIVED MAY 19 2017 BOARD OF COUNTY COMMISSION l� a-uJ�J c�—d— P228 P229 . c.00 munity,4 May 17, 2017 ROSELAND COMMUNITY ASSOCIATION PO BOX 201 ROSELAND, FLORIDA 32957 Indian River County Board of County Commissioners: Commissioner Adams Commissioner Flescher Commissioner Zorc Commissioner O'Bryan Commissioner Solari 1801 27`f' Street Vero Beach, FL 32960 Dear Commissioners, The Roseland Community Building is an important part of life in North Indian River County. This historical landmark has routinely helped thousands of residents throughout Roseland history; empowering, embracing, educating and economically benefiting them. Community meeting places provide a sense of belonging, social acceptance and personal growth, Roseland's community building is no different. This historical building has been home to numerous clubs, organizations, and activities throughout its almost 100 years in existence. In just recent years the community building has been supporting many weekly activities including two different yoga and exercise classes, a meditation class, AA meetings and the Roseland Music Guild as well as being home to the monthly meetings of the Roseland Women's Club. Numerous special events also rent the facility. The community of Roseland is blessed to have this building and is thankful to the Roseland Women's Club to have built it and to have stood by it through maintaining their organization with good leadership and diligence. The historical significance of this Indian River County Community Building can best be understood by the following list of minutes from the Roseland Women's Club. These minutes date back to 1921 and reveal valuable insight into early 20"' century life. As one of the few remaining historical landmarks in Indian River County, the history of the Roseland Women's Club and of the Roseland Community Building is important to preserve. P230 1921— November 1411'. The Roseland Civic League was formed for the improvement of Roseland. Fee for membership $1 with meetings once a month or on call, and held at homes of members. Money is used to clean streets starting at the depot going west. 1922 - February 8'h. meeting voted to take in the men as associated members. It was voted to get in touch with the power company to see about electric light installation and to see what it would cost to have a phone installed to be located in the Post Office. 1923- March 151, it was suggested to change the name of the organization from the Roseland Civic League to Roseland Women's Club. Permission was received from Indian River County to construct a building on county land along the Sebastian River, which had been reserved for a park. 1927 — March, The Clubhouse building was started. The Underpinning came from the old bridge; many people donated time, money windows and screens. Lumber was purchased for $256.57. 1928 - $138.83 paid for further supplies. The building was painted green. 1929 — The building of the clubhouse was completed. 1942 — The underpinning of the clubhouse was examined and need repairing. A donation of $10 was received for the repair. The underpinning of the Clubhouse was repaired, and that of the outhouse. At each meeting the war news of the day was discussed with the members working on various Red Cross projects. 1949 — Roseland Women's Club started the area's first library at the clubhouse until the 1980's, when the Arorth Indian River County Library was opened. 1949 — Roseland Women's Club paid in full $258 for new dock built behind community building. 1953 — Roof repairs completed the remodeling of kitchen and building of the powder room will start. 1957 — February 7, a limit of $2500 for the building addition was passed. 1959 —January 19'h the Indian River County Commissioners requested that Roseland Women's Club be the designated custodians of the Roseland Community Building. This arrangement is still in effect today. 1996 — The building was renovated inside and out with A/C and heat added. PRESENT DAY— We continue our philanthropies. P231 Roseland Women's Club has proven themselves to be excellent stewards and partners to Indian River County. Historical landmarks are a responsibility. Indian River County has the resources to support the Roseland Women's Club in its restoration of the building, and to support their efforts as grants and donations are acquired to help subsidize the endeavor. The Roseland Community Association stands firm in its commitment to help the County and the Roseland Women's Club, in any way needed, to see this historical building once again become the cornerstone of North Indian River County's historical heritage. Thank you. Sincerely, Terry Cadle - President Brad Baker- Secretary Irene Bush- Treasurer Fred Mensing- Board Member Ellen Patterson- Board Member Rick Patterson- Board Member Lori Bray- Board Member Jim Lowe- Board Member Rita Lowe- Board Member Roseland Community Association I P232 Sebastian Property Owners Association P.O. Box 780263 Sebastian, Florida, 32958 Commissioner Susan Adams 180127" Street Vero Beach, Florida 32960-3388 Dear Susan, Our membership and board have been made aware of the plight of Roseland. our sister city, the Roseland Community Building and the Roseland Women's Club. As we strove to understand how this situation evolved we came upon the Historic Roseland Neighborhood Plan, in this study Staff wrote in the year 2003 "Through considerable interaction with the residents of Roseland, the County has prepared this neighborhood plan" (p. 4). The following highlights of this plan is not an attempt to lay fault or blame only bring to light what is the Historic Roseland Neighborhood Plan and how your consideration of the Roseland Community Building may be enlightened. Under RECREATION FACILITIES Staff stated "the Indian River County recreation department maintains five recreation facilities in the Roseland area: Helen Hanson Park; US 1 Roadside (Moore's Point); Roseland Community Center i.e. (Roseland Community Building); Dale Wimbrow Park; McDonald Campground (p. 24). Under HOUSING J HOUSING CONDITIONS Staff stated the housing stock in Roseland is in fair to good condition. Only five substandard housing units in Roseland and no dilapidated homes requiring demolition were identified in the Roseland area. Therefore, the County does not need to take any major housing related action in the Roseland area, except to inform owners of the five identified substandard housing units of the County's rehabilitation program (p 32). Staff stated under HISTORIC RESOURCES that Roseland, as one of Indian River county's oldest community has a very high proportion of historic properties (11.6 % of the unincorporated county's total) relative to its share of the unincorporated county's population (2,4%). Staff went on to state that to preserve them will serve to enhance the P233 quality of life in Roseland (p 33). ROSELAND NEIGHBORHOOD PLAN GOAL THE GOAL OF THE ROSELAND NEIGHBORHOOD PLAN IS TO MAINTAIN THE QUALITY OF LIFE IN THE ROSELAND AREA, PRESERVE NATURAL AND HISTORIC RESOURCES, ENSURE COMPATABILITY OF LAND USES, PRESERVE THE NEIGHBORHOOD AS A SAFE COMMUNITY WITH WELL MAINTAINED HOUSING, AND TO ENSURE PROVISION OF ADEQUATE INFRASTRUCTURE (P. 37). We trust that once you inform yourself of the situation in Roseland you will be able to allow reasonable time for both the County and the Roseland Women's Club to attempt to secure necessary funds so that citizens for many more generation will enjoy what so many already have. . We thank you for your help and all you do. Bruce Zimmerman Buzz Hermann Mark Bondy President Vice President Secretary P234 RECEIVED MAY 0 8 2017 DISTRIBUTION LIST Holly Dill Commissioners_,('. 4dministrotor �......__ BOARD OF COUNTY 11675 Roseland Rd. Ci3R NIVIZSION Sebastian, FL 32958 Attorney Community rev. F}nero. services May 4, 2017 General Services T iiumon Resources Susan Adams, omb Indian River County Board of County Commissioners Public works 1801 27th St. recreation Vero Beach, FL 32960 lllilitiesservices Dear Commissioner Adams: It is disheartening to hear the news about the Roseland Community Building's questionable structural soundness. The building means so much to the residents of Roseland and the many groups and organizations that use it. In many ways it serves as the focal point of our historic, old Florida community. It's my understanding that the County has determined that parts of the building make it no longer safe for occupancy. I know the Roseland Women's Club is working diligently to develop a plan to work cooperatively with the County on restoring the building. Thank you for your efforts in the plan. Roseland residents tend to be happy with our quaint surroundings and the Community Building serves as our rallying point for the character of our neighborhood. I hope the Indian River County Commission will make every effort to save the Roseland Community Puilding. It may be small and it may be off the beaten path, but those characteristics do not diminish the building's importance to Roseland. Thank yofi for the consideration, fi L / Holly Dill P235 Friend,s of cit. 6ebstian Qiver �•' P. O. Box 284 . Roseland, Florida 32957 4 www.fssnorg — info@fssr.org 1+�� Bob Stephen We hope that you will give further consideration to the importance of the Community Building to the history and identity of the community of Roseland, and give your support Lynn Stieglitz to repairing the facility, to restore its integrity for use and enjoyment by the public. Bruce Zingman Sincerely, Directors Emeritus Tim Glover, President Friends of St. Sebastian River Frank DeJoia Frank Wegel The mission of the Friends of St. Sebastian River is to maintain and improve the health and beauty of the St. Sebastian River and its watershed. P236 May 4, 2017 Officers Tim Glover Board of County Commission President Indian River County 180127 1h Street Buzz Herrmann Vero Beach, Florida 32960-3388 Vice President Dear Commissioners: Bill Brennan Treasurer It has come to our attention that the Roseland Community Building is in need of structural repairs, and that the County has chosen not to support the maintenance of this facility any Mark Bondy longer, for the community of Roseland. Secretary The building embodies much history for the community of Roseland and its identity as a Directors historic neighborhood in our county. It provides a gathering spot for the community along the shore of the St. Sebastian River, for the enjoyment of this resource. Without a facility Tom Bauer available at this public location, some of the functionality and desirability of this Lee Ann Kluepfel community "park," as a destination, will be lost. Judy Orr The nearby State of Florida historic marker gives a brief outline of some of Roseland's history, and specifically references the Community Building as part of the historic nature Jane Schnee of the community. Bob Stephen We hope that you will give further consideration to the importance of the Community Building to the history and identity of the community of Roseland, and give your support Lynn Stieglitz to repairing the facility, to restore its integrity for use and enjoyment by the public. Bruce Zingman Sincerely, Directors Emeritus Tim Glover, President Friends of St. Sebastian River Frank DeJoia Frank Wegel The mission of the Friends of St. Sebastian River is to maintain and improve the health and beauty of the St. Sebastian River and its watershed. P236 Sebastian .Area 3- istoricaCSociety 1235 Main Street Sebastian, FL 32958 May 1, 2017 IRC Board of County Commissioners 180127" Street Vero Beach, FL Dear Commissioners, It has come to our attention that a historically significant structure, Roseland Community Building. The importance of saving an historical structure, such as this, impacts not only the present but the future of all of us. This building has structural, age and weather reparation issues that need to be addressed. The need for major repairs and restoration and its continued preservation of this building is of significant value to the community and surrounding area. The Sebastian Area Historical Society is well aware of the need for preservation of this historical building and restoring its position as a central focus of Roseland as it was some 90 years ago. The Sebastian Area Historical Society wholeheartedly supports saving this structure and the Roseland Women's Club's efforts to help make this happen. Sincerely, P237 Ecumenical Council Food Pantry 12962 Roseland Road Roseland, FL 32957 Board of County Commissioners Indian River County 180127th Street Vero Beach, FL April 28, 2017 Dear Commissioners: This letter is to express our support of the project to restore the Roseland Community Building that is so important to this community and surrounding area. The Roseland Women's Club gives monthly donations of non-perishable food items to our food pantry. They have also supported our efforts with a generous yearly monetary donation for many years, and we appreciate their effort. This building has served numerous civic activities and celebrations for many years and hopefully will continue to do so in the future. The Roseland Community Building is in the very heart of Roseland and is a representation of the character of this community. We ask that you do everything within your power to save this building. This will be a continuation of all that is good for a community of significance. Thank you. i2.Cc.4o tZ P238 To: The Roseland WomeWs Club RE: The Historic Roseland Community Center I attend a weekly yoga class at the Roseland Cornmimity Center. In addition, I have close friends who liveJn Roseland_ so I pass by the Center frequently. If my income would alloy- it, I would be a part of the Roseland coni muilty with the beautiful St. Sebastian River flowing along its edge. I won't say I'm doomed to lige on Easy Street in Sebastian, but an historic neighborhood like Roseland certainly adds much that's missing in the usual subdivisions and highway sprawl of this city. The community center is an integral part of the character of Roseland. It says a lot to people who look at homes in the cormnunity, and to people who visit those who live there. Because I attend class at the center, i am aware that it is closed for repairs. This, of course, is expected and it has to be done regularly to historic buildings; especially ones that are 100 years old and counting. It is important to keep tate center as a usable space in addition to keeping its history and presence as a real center of the community. I am writing this letter to encourage our county to provide the fluids to keep the center open, safe.. and in good order for us who use it nojv and for those who will be ruing it as the center of the community during its 200-," year. 1 grew up in a community in .vest TN where the community center still stands and can't imagine the county not supplying the funds to keep it in good shape. All the have without our community centers is a group of houses on neighboring streets with schools and places of worship that divide the streets into different groups. And, all eve have without our historic community centers are mainly metal or prefab buildings that offer a place to gather, but with nothing of character to add to: the neighborhoods. I believe most of us would rather have a building like the Roseland Community Center on our street than a big, multi-purpose building tike those that exist all over the country. I hope this letter will help as you seek county hinds to preserve an important building, not just for the Roseland Corrnnwiitt-, but for all of us in Ilse county. Hamilton Edwards Sebastian, FL 32958 P239 April 22', 2017 My mother, my brother and I moved to Roseland when I was five years old in December of 9959. My grandparents lived there then, as did many retired couples, and we lived for awhile with them in their house which was almost directly across the street from the Roseland Community Center until my grandfather built us our own small house.on the lot behind his. He and my grandmother owned the adjoining lot to the center and my grandfather was part of the community which did upkeep there for the building and the lot and the dock. At that time, the center was used as a meeting place for the Woman's Club and the Garden Club, I believe. It was also used as a polling place and there may have been other organizations which met in the building including the Power Squadron which my grandfather was a member of. Many of the retirees had boats and used them for leisurely rides on the beautiful Sebastian River. I can also remember going to the center for parties, bridal showers and baby showers, decorated with local flowers and with food served which had been prepared in the kitchen there. Things were quite different in those days. Although it shocks me now to find the very heart of Roseland, the part where the Community Center still stands, very much unchanged after almost sixty years, the surrounding area was mostly still wild. Sebastian had one grocery store and the elementary school, which I attended and where my mother taught. There was a gas station on the corner where the Publix shopping center now sits. Joy and Ralph Holtzclaw ran a tiny store which sold the most basic of necessities and lived in the back of the store. There was one restaurant in the entire area and it was at attached to a motel. Melbourne and Vero were the "big" cities where one went if one needed anything out of the ordinary. There was hardly any TV reception then and few people had TV. Air conditioning was a rare luxury, and these retirees were strong and able people, spending their days growing citrus and other "exotic" (to them) plants, working on their houses, and sometimes going to the beach for picnics. Their lifestyle, in fact, was not that much different from that of the others -who lived in Roseland then- fishermen and their families, electricians, carpenters, tradespeople. My best friend's father was a barber who had a shop in Wabasso. Now of course, things are different but as I said, the very heart of Roseland remains much the same although many of the old houses have actually been restored and look better now than they did all those years ago! And I love coming back to visit, to walk down the still -sandy road by the river, to remember who lived where, where we played marbles and hopscotch, and to go by the old Community Center where I spent so many hours as a child with my friends, mostly on the dock where we fished for catfish with rubber worms or gummy balls of white bread or simply lying on the warm boards, imagining pirate ships coming down the river, and buried treasure, and gazing at the islands where surely Tarzan must live. It was magical. And so much of the magic of my imagination sprang from books I had read and where I had learned to love them came directly from that Community Center which in those days housed a tiny library which was run by one of the women's groups for the community. I doubt they had two hundred books there. Probably far fewer. But even Sebastian didn't have a libraryl It was only open as a library one night a week and I remember as if it were yesterday, walking the short block with my mother and my brother to check out books, following the beam of a flashlight though the darkness. There was only one children's bookcase and it wasn't long before I had devoured every book in it and soon, Mrs. Mockeridge, the woman who was usually there to check out our books, to stamp them with her date stamp, began to allow me to read "adult" books which she carefully chose and discussed with my mother before she allowed me to take them. I will always love her for that and I will always remember the excitement I would feel when I held a book in my hands that I'd never read before, it's weight and even smell a promise of a new world which I was about to enter. So for me, that little building is the very heart of where my love for the written word began and the land around it, the river behind it, were all a part of the two things which have never failed me in my life which are words and nature. No matter how hard he tried, my grandfather never could quite tame the jungle of what grew and crept and slithered there in that lot on the river and what a gift for me and my friends that he couldn't! I remember we used to build rafts out of whatever we could find right there beside the dock and although we never actually launched one, the business of building them launched dreams of exploration and discovery, just as did the books inside the building. That entire little place on earth seems somehow enchanted to me and every time I come back to visit. I always check to see if a certain pine tree which got struck by lightening still stands in its place beside the building. It does. 1 remember when it got struck and how that tree smoldered from its wounded trunk and then, how it healed and the tree still stood, still grew, as deeply scarred as it was. It still grows, it is still beautiful. It still offers shade and, for me at least, inspiration on how to live and even thrive after grave damage has been wrought. To me, it bears witness to the life of Roseland as it stands guard over the Community Center which also still stands, although I am sure that time has wounded it, too, it still offers a place for people to come together to meet and to join in community. It still, it would seem to me, has a place there in that community. It represents not merely a building meant for utilitarian purposes but also history. P240 The sweat and the care and the presence of so many generations of residents of Roseland are represented in those walls. No. I do not live in Roseland anymore although I visit as often as I can, but itis, in many ways, my heart -home and I dream of it regularly and that little building is always there, one of the characters of those dreams..It represents so much to me that 4 can't even explain. I am quite certain that I am not the only person who feels this way. I hope the county commission finds its way to help fund its repair and upkeep so that it can remain as what so few things in this world are today- a living, breathing, piece of history which continues to serve the community where it has served for so many years, fulfilling its purpose, gracing the village, fulfilling its small but important place in time and in space, a gift to so many over the years and hopefully, so many more to come. Mary Moon Lloyd, Florida P241 Susan Adams, Board Chair Board of County Commissioners Indian River County Vero Beach, FL April 20, 2017 Dear Madam Chair, I am writing to support the Roseland Women's Club in their request for assistance in ensuring the continued use of the Roseland Community Center. Community and a sense of place are essential to the healthy functioning our society. As we see our society fragment, with people .relying increasingly on artificial "connectors" such as social media, maintaining real connection becomes more and more important. The Roseland Women's Club is one of those real connectors. I had the great good fortune to address the Women's Club regarding SafeSpace and the services available through this sole provider of certified Domestic Violence services on the Treasure Coast. As always, the club provided financial assistance, within their modest capacity, for battered women. They also provided a large number of "hospitality kits" for our clients — filled with cosmetics, toiletries, and various other essentials.. There were ones for adult women and teenagers. And ones for small children, filled with coloring books, stuffed animals, etc. —in short, the kinds of items that would help a child feel cared for and somewhat "settled" in these most trying circumstances It was not only a thoughtful and generous gesture, but it evidenced a deep empathy for the needs of these people who often leave their batterers with nothing but the clothes on their backs. The Women's Club has provided similarly generous outreach for over fifty community agencies including CareNet Crisis Pregnancy Center, the Ecumenical Council, the Marion Fell Fellsmere Library, the Florida Children's Home, the Florida Sheriffs Boys Ranch, the Hacienda Girls Ranch, the March of Dimes, IRC Meals on Wheels, the North County Library, Our Father's Table, Roseland Library, Roseland Methodist Church, Roseland Sunday School, the Roseland Volunteer Fire Department, the Samaritan Center, The Lord's Table, and The Source. This generosity and this tradition spread back well over ninety years. It appears that the Community Center building is in need of significant and expensive repair. As might be expected, this older building has settled and has suffered insect intrusion and damage. It is to be commended that the County had chosen to deal with the differential settlement issue. I am hopeful that the County will also try to remediate the termite problem. Competitive bids, and perhaps a community -minded pest control company, might put the cost of these repairs in a reasonable range. As I reflect on my visit to these generous women, I can so vividly remember the personal concern and connection they had with one another — inquiring about health, expressing concern and support over the loss of a loved one, planning to visit a fellow member in the hospital. These are the connections that make life worth living. And the connections that build a viable community rooted in a sense of place. I urge you to try to find some way to keep this local community intact and functioning. Thank you. Respectfully, Tom Manwaring P242 12962 Roseland Road P.O. Box 157 Roseland, FL 32957 Roseland Growing in Goers Love April 19, 2017 To The Board of County Commissioners: Office: (772) 388-5004 Fax: (772) 589-3079 License #C 1 51R0041 ,This letter Is In support of Roseland Community Building located at 12973 83rd Avenue Sebastian. We are a private non-profit preschool located very near the community building. This facility was to be used as a safe place for us to take our students 110 and 13 staff in case of our building being evacuated. We do not have transportation for our preschoolers and needed a place where we could quickly go. We have yet to find another location that we would be able to safely and quickly evacuate to. We would ask that consideration be given to repairing this building if possible. Sincerely, Stephanie Herrera, Preschool Director P243 April 18, 2017 To whom it may concern: I am writing in regard to the Roseland Community Center. For the past eleven years I have been a winter -resident on Bay Street, not far from the Center. I know that it is an integral part of the neighborhood and a very special place. I attend weekly yoga classes there that are enhanced by the charm of this Roseland landmark. There is something remarkable and unique about this 100 year old building. I have high hopes that it will be there for years to comel Sincerely, Linda Bottorff 12845 Bay St. Roseland, FI 32957 or 1801 S. Virginia Ave. Mason City, IA 50401 P244 WORK ORDER NUMBER #7 Roseland Community Center - Building Analysis This Work Order Number 7 is entered into as of this _ day of 2017, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of the 41 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 MBV Engineering, Inc. ("Consultant"). SCOPE OF WORK It is our understanding that the Engineering Division requests a complete building analysis for the Roseland Community Center. The analysis shall include the existing foundations, existing condition of the roofing system (both framing and finishes shall be inspected), repair of the flooring system including the subfloors. The analysis shall also include windows, current water / termite damage throughout the entire structure, current ADA compliance, sidewalks, and any other issues observed during the on-site inspection. We further understand that the Indian River County Engineering Division is requesting our office to prepare an estimated cost of repair all observed issues that are uncovered during the analysis. MBV Engineering, Inc. will provide the on-site building inspection, preparation of a detailed report of findings, and prepare of detailed estimated cost of repair related to the above activities. 1. Inspection (Existing Conditions) CONSULTANT will obtain all plans detailing the buildings components prior to inspection. In addition, the CONSULTANT shall perform a visual inspection of the building and all of its structural components.. The Consultant will prepare an assessment of all accessible elements including, but not limited to roof elements, windows, doors, floor framing and flooring elements. The Consultant will prepare a code compliance review for accessibility and life safety. The consultant will also assess the extent of any and all moisture/termite damage discovered at the time of inspection as well as sidewalk damages and any other issues observed during the on-site inspection. 2. Findings Report The Consultant will prepare a detailed findings report from the on-site inspection and evaluation. This report will include photographs taken during our inspection. This report will also include repair recommendations. 3. Repair Cost Estimate The Consultant will prepare a detailed estimate of repair costs for all observed deficiencies based on proposed repairs. P245 DELIVERABLES The Consultant shall provide the COUNTY with the following: • One (1) hard copy and .pdf of the Findings Report • One (1) hard copy and .pdf of the Repair Cost Estimate SCHEDULE Upon authorization to proceed by the COUNTY, the above described services will be provided based on the following schedule: • On-site Inspection 30 days from the date of authorization • Findings Report 60 days from the date of authorization • Repair Cost Estimate 60 days from the date of authorization FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered, pursuant to this Agreement, fees inclusive of expenses in accordance with the following: Task Fee Task 1- On-site Inspection $ 3,500 Task 2 - Findings Report $ 3,000 Task3 - Repair Cost Estimate $ 1,800 Work Authorization Total $ 8,300 ADDITIONAL SERVICES When required by the COUNTY or the Contract Documents, where circumstances exist beyond the Consultant's control, Consultant shall provide or obtain from others, as circumstances required, those additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by County in accordance with the Master Agreement, Professionals and vendor intended to provide additional services shall first be approved by th'e COUNTY, in writing, by the COUNTY's Project Manager. The COUNTY has selected the Consultant to perform the professional services set forth on this Work Order. The professional services will be performed by the Consultant for the fee schedule set forth in this Work Order. The Consultant will perform the professional services within the timeframe more particularly set forth in this Work Order 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. P246 IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: MBV Engineering, Inc. By: Rodolfo Villamizar, P.E. Title: Vice President By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joseph E. Flescher, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney P247 Rhonda Zirkle From: Suzanne James <suzieben25@bellsouth.net> Sent: Sunday, June 11, 2017 3:46 PM To: Susan Adams Subject: Meeting Tuesday 06/13/2017 Roseland Community Building Suzanne James 2070 Colonial Road #2 Fort Pierce, Florida 34950 Phone (772) 332-0387 — Email: suzieben250bellsouth.net June 3, 2017 The Honorable Susan Adams Indian River County Commission District 1 180127th Avenue Vero Beach, Florida 32960 Dear Commissioner Adams: Having been a Florida resident and a "nearly native" since 1980, I fell in love with Roseland in 1993 when my mother, Jackie James, relocated to Roseland from Fort Pierce. Quite often, especially when my son was younger, we visit my mom and enjoy the peace and tranquility of Roseland. It is nice to visit on the front porch, walk around Bay Street usually ending up at the Roseland Community Building. When he was younger, my son would play and we would enjoy the view of the river. Within a few years, my dad purchased two properties just across from the Community Building. The view, the feel of "Old Florida" and the sense of community is what drew them both to Roseland. I have attended many events and get-togethers at that sweet little building including Women's Club luncheons, community gatherings, the celebration of the historic marker, and of course the Roseland Music Jam that my mom has held in that building every Thursday for the last 14 years. The Roseland Community Building has a special place in my heart. Not only have I enjoyed some special events there with my family and friends, I have also seen the joy that the Thursday music jams bring to my mother and the visitors who attend to play and listen. I have also met some very special friends - including my husband - at the community building where we all can gather and share a commonality... music and a sense of community. I am concerned about the community building. As I understand it, it stands in need of some repairs and the county is currently considering whether to repair the building or tear it down. Please consider the former. Repairing the building will leave a piece of Florida history and "Old Florida" character that is part of Roseland. The building is a gathering place, a home for various groups, including the Women's Club and the Thursday Jams, but it's also a part of Roseland's history. With so few "old Florida" communities left, certainly the preservation of a piece of the original neighborhood would be of great importance. Commissioner, please consider voting to repair and maintain the Roseland Community Building and preserving a piece of "Old Florida" in this quaint and tranquil piece of paradise known as Roseland. Sincerely, Suzanne B. James Suzanne James Suzanne James (772) 332-03.87 Don't look back, you're not going that way... PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. Se-hn-,5� 1 O 1 J tZ / MAILING ADDRESS SIGNATURE N�4 MOVIE& ' V-A!�-W-=v"P,.WW9 Oil I wrap �► �;,a • Mum., E1 l/ i ww WN . A WAM— W!!1111111111111011111 IN- Se-hn-,5� 1 O 1 J tZ / PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. 1 support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE t ` � �� lrir L tr G�ur �g1-� ,tVi4 Ave— 1k, �r a��.5 ��ao Il'•j�'''� ��� F����4�N, FIL 3o195S �A"C.. !;7 ii y� '�� lL5 (ofd CULL/h/S 5T ijaS11 , Fc- �2 } �j .. -�'- r (��y /b .�r jj�jC'u r/�'i�S ��1�1 �//"���'jw,•� ��("`J /y)/�1 �,{J(/fj/j PETITION TO:. Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE 7zz— Lie V),K- y/ t), U -5 146- v..� .� a 1 � 1�1 e �';� �'�» rA� a` �e{ , .� �+ ( l' L -�---t.-t-moi C� LIA76- 44 a r C) c-4 --!i, -C, P, C) ► r) a 3 3 3 F 77 773 T- Q-- t, S,<7- 2 /-I? Z-6 Lj 0 2 e 5-:Z-e- PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE e,fS" JA- ©6& s U� '0I �9 i/�" • � U1�S � ftl / �1�� S Gt-s �%�U � l/,�z.o ����..l�t � ., z •-�L �� .� ����.,;r__,_...� n I 10 (0 v S eazkC46- -�..• 1 l_c ,� i r Q s i.0 S 14 v I llb(7 J am)/iCY6� .���r� t�s X//`l/ ,.�94 , Q,�,tzv,; ) tS t ;L Wp-TerWakA Groot' Or. �Zoua %V 0c k G�,R- 01�� t l GU CL/4 ;' g Y C� � 01 PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE �! aN C- -; t o v 4 1; C! %t I`L 3 Z4-9 Ala` ( ^ Vg /� J �! r X11/ rA�� �G .s�� 9 ii `--� ,1 T m 13ai r S626 '7"I k Atte U�6 , 2 ZI/ O PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE (/�., l o (Q 1 �� �aiv ► D2 J70A- 0 N `_ e c L eG f (iebrCL. 1_ tv'e-e;ne/ l�aci-Gr Je r ,0 c�5-5 cr` � ,� — F Se��� -•fry �� �32�i.`�? 6 - l`r\ Lq C...6 (,i ! 5� pg/2/ /—/ a / C S v` �cr r th 7 r r S e f rV .3 L C7J PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE .� .�� .S _T-�. � •�z 1 � ' r1• 1 'fir ✓ 6 z z lj-(e " SCS, �`%! / l��i S G� �� Cl _5 f 7 o /,' - - � e-itM ez I, CO rte d (% 5's / '3 -L50- w c (Ansb, J -Z A LO #iuV e bm) 6e — i PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. ] IUM NAME MAILING ADDRESS S tff"2- rA o y -,z o hW S� -J ca Z -s e At S- i_ C, `Dow c� oo (-oc(Q L(-1,rA a P -M ` k4W (p 0a2— ' kk 6GC'%Z-- r`- /ICS i - 'Ji ,� AD . VIL �- 1 c Cd T'/. ,IU�- � I I Lnt b, -0, -VUA U C 3,-�q so - . C�, k Mh c, 'Lei 'J PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. --17 MAILING ADDRESS SIGNATURE .1 e We '01 ;Mel 'V VA LWA FA LEM W, FA VA no FA W'.101 Vd Mzejf-.. WA PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. ADDRESSMAILING V. el 1 10 x W�10 'Wit _ S�l�� MAW L. I W1, waR, mor 4 F %AVW--- k � n—a' 4. -, =� ` '1 ���'1 �ild� .�r�. �-� �� / IN �` NEWS PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE �o 'fix � � I \ �7 / ' \ � ` l �!"f ✓1? / s r' (L4 : i � X,.y f= Lel, G4/`S% � 1 > 5 I T jd/ (� >� t�f" P; ere C-, f -e 3 Y?5-�) 3Y E—z 8 t e- LC F-6 7r •3u�51 OCD t -r. We d Tohu2, r Pie r.Q rL j-j()C)(�, FT- iAjaL-roM AVC '( 1 L.' =C5 rogr P 1CkC FL 3`i 95 103 4 C SC077 L 2 S PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE � 5 :5�ZrnSI /hl�cco �L 3Z�7rp r' 714 �i✓ems l7 Ar 1:f .�v Se.� �/� �L 9S u-� 4 i—;t�� ZZA2U&Q� i r fj dn. /`e n 5 r` ;d rte- L., u - L «� X:_ PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE r-- / 6)- 00, <0 U,b V z C; 1,7 he j0 12 Chas -etice L INi'Jr nAM - i44 yds' /mays s -r �y 6 VS : f C F:T- ti() i- 0/.5"' �_ PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS �Sf GNATURE ��ra G�v►Sbn j7l�� 41` oZ,s-a, -D .��tvTotv P-0. $mX 664 RosscANi 32 IVICCc �r �r✓4 573o f �'Z� G�hv'". �Q. (0 Uci l vy-- eVv z `I o /YJ CJ-�t Lk GS LO44G LT LP, Off,2CAA PETITION TO: Indian River County Commissioners 1 have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE ,rte/�/7//y�' (//� (/��i% - y -,3\rte(" 4,VA SZeN661 L v. 8• C. wll.xEs• a �b •, 7 4— PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE U ►6N,v Di 0,'i �4 my/ L,4 _ , Suz:1 f bl Ql ��i Z 5 H i4ve y -k t L I4 Ve, 4 & br-f r3 !,U Lr t' 8LI) 3 go&c s. i�1j1 L ejekhar4 -1�200 -Tndf:"n el✓� Bl✓ `�—IG b� v J WMAR PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. 1 support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE 7DQV id --� ✓'�IS�11 VV���`I� e '�/ �?33 �a.�lciScu.1 Ave P S 3 195 /�, 4 -1001; ell SAet xk� /)/:'V, d �'`C /„ %� S7C %c3S /2G S1 J�Ccf'hii-•, -32 Zp !� ue�. �'�'I LCo��'7� d('�� /d / `/�n�,axQ fr,9 3�-1,�? /�...t..� �'►�I c.e�2,�.�---�(,,,, 0 IN PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE ►i �—� I v �(D 5— / f� ?` S 1 C� ��X7) i SPC 13410 �3 i4ca� L,�Li` ►" Y Ei/' cit ��l Xj n7 PI e f i 1 2. a �XIZ k- 7-Sf PtliFs I,yo(-V J::' )41 n o On Rc (Spo / 1 Z� qG AN' v 32At 6 7 r y 1 06N PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE U L-2- t,.. C7> CV m 1� IN - PETITION TO: Indian River County Commissioners 1 have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE to '- t UL � �S Y e Si N `Ef . AI'G iii r J0'?e,247Tng �Mc..�..-J PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 9929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE h4,) 78-76 5 1 le,76:2 *)�-e, fws- (261jz�s 4 i t�.,r•,. ? Rnc- � rr b- VL,�4pl:4 C-,f"F- nib f rj -) PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE L A AeI-& 21 N-1 eZ t L: 1% 4 0 47— `0' PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE L.✓. ;r l C. (r i '� I` .i t i i i �� t 01 - �,% l � (` ..' i \ � 1 ^ . �''� C/i 4 �/ •� 1 � l t J�., �✓�++i . � (� - C.. I-# r Ar'�:: %U!!�%F� Al t.C. �- r �1 ✓ L r -r` c '�C,� • r `-�'�..' �, u �- l•.: IJ i1,lt� � /l�> � �� � �}% � f,,'V -i ,_� (.,. r`� �ci r•� .i 1 � ..�.-L'...i' �/ �t J ,rte PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. MAILING ADDRESS SIGNATURE rdi r JA AW, • a 1 1 � r � r� RIF,� rPO PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. � � v MAILING ,.D -SIGNATURE A., _ �,,J r / w i f ' • �Il ��s���.�ll�� Iv'pll� �' 00 0�0401JA V 0 w� ................ i MAI11AAF NOW, i l 11 � � v PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. MAILING ADDRESS SIGNATURE 0=0 HAME in 4 --- 0 - NANAMIIMAN���A&i AMR MOT! M-1 W, Ej 11 M, ,MIT V*.0- 'r N PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE 1-61A 9,9 3496 7 Cal, lac, as 2- 2- PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE zi eg,-(,g Us gtuq! e? rB ypzau,Zx,— (M jy( e a VI S I /19 Land sd o w f`1 2 Y i n PC, (Al -V3 5 -Ab 5 F- , - iso r.Q.e.-n d n1e.1 so Ul cn.Q,e.�n � i�-��^- � � �bx CGU 5 51 ,� ..� Z•.��'�;y,,._ (--FI4 A Yzvz 1, �� q-v4s(2i:�L4= PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE/ FL A-rzf-56 A/ 785512%—Z4R—�i 7s A IV il-, L .� ? D & r d► Ii -¢...-c { � 7 0 8 3zy 19. PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME _ �r� n-�- MAILING ADDRESS SIGNATURE a V Bro n I ( (� qS °S s �a - G �► Fc 3a �'-- &741�� t�/r - r -L, ---./ PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. •MAILING ESS ADDRami SIGNATURE r�EA� AI . �: � .�. 0-,- RX -9, M 41, r 1, i PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. iMAILING ADDRESS kf , INS 5 005 'dim PW UPPEAl �a MOTU Melr 3 N PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE - '%r%d - e 1-/ 7 �o c� � / %rte 491. 3 *2�- b XL Goc,l Z za 3 SCA: 1Uj 2 1 �— r, c f n j1 13456 5e (md �� e(w3d 3agsr/ l " S 1�1► AA y' c�- i3 ;a fro+ PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE F C) x 77 3,2 )6-2-r 1)e-� iV -W , 69 PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME ..— Frj'f1+ MAILING ADDRESS SIGNATURE C r < 12 c' 5 ,. Erseuw)l PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE e j3 d . ............... 4 At - f/0 U 5�e u ia�S or" Pz�t V4, -V &AC -L-A 4;-7 10- 1) fA OM� PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAM, .t MAILING ADDRESS SIGNATURE AA�/t So M6Lrcarell r a- ' o tj `--''—' i 1/ 12 �Ctl�1 III �L --1 l� �. � Ckcy-e-, /72 617" )/f-1 6- PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS IGNATURE / f g �2s C� �� �' �� �5.5•f I �o o j � r � c_;g0. r: `k (2 144 t1l f7s-�9-- 9V"� % S� " S 4/ '0" t Qe S7y � 1 / 34 --rd —7 C- 3 o? IN PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE --� �z33 G �� *.� �� " "c/ w'4y Zia !- 41 S S � ' T 3� 95k a0 Zo a✓ oca/' Te,6ktf �t7 I I N x- C.(—,3 to ,2 vk Qa l,ti za C-t- LkW �� G Res � f 4� �°� S7 r/ PETITION TO: Indian River County Commissioners le I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE —s V) a 00 (iS Vz" CA?Ji (A (f V I i AO L 51� PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE ReK M�KfY s 4 17LL fL 4151 Ly-b S, . SE(� 3 2958 r4A5T/A,J, in iti I N 2 S 1 %&o 5fcx v `lQ �o we - %T (i`e • 3a / tom/ �� lS'C tett these JqRb Beach rblal?& 7 I PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE 42 �rl/L t D PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE L cl Il Gt'aSCG FG 32G170 r'r. di ie r S /v c) r cS,�j ��5 i ' ,9 K 1�L 3.:z 4 IN PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE -e r LN Y `��Red 1c, << -e v V1 '-�F PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland. Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE 7 01 S/�k- 3 97/ M, croe- L -V-.- N PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE S//° V�r11C, rho Y-e\rCL I a�. DSC, W" stjocws- ,an �-� PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS SIGNATURE IL b Lr�-k 6 1b C, Vv` SC PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME I MAILING ADDRESS I SIGNATURE NO PETITION TO: Indian River County Commissioners I have signed this petition in support of the Roseland Women's Club effort to repair and preserve the 1929 Roseland Community Building for continued use as a viable community asset serving a diverse clientele in Indian River County. Since built, the building has suffered substantial damages related to deterioration of the foundation. The Women's Club wishes to help develop sufficient financial resources to address these problems and keep the Community Building as a valuable County Resource. I support any assistance the Commission could provide in assisting the Roseland Women's Club in attaining their goal of saving the Roseland Community Building for future use. Thank You. NAME MAILING ADDRESS i 'SIGN URE l -F- J (271 June 13, 2017 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: June 5, 2017 SUBJECT: Request to Discuss Audit of Homestead Exemptions FROM: Tim Zorc Commissioner, District 3 Discussion Item: I would like to have a discussion on Indian River County completing an audit of the Homestead Exemptions similar to the one recently conducted in Sarasota County that identified a significant number of fraudulent cases. Should Indian River County consider conducting a study of our local Homestead Exemptions? P248 First-ever homestead audit finds $76 million in new taxable value Page 1 of 3 Herald -Tribune First-ever homestead audit finds $76 million in new taxahle value Almost 550 cases of homestead exemption fraud will net Sarasota County more than $8.3 million in back taxes. By ZackMurdock Staff Writer Follow Posted May 29, 2017 at 8:36 AM Updated May 29, 2017 at 8:36 AM SARASOTA COUNTY — An extensive audit uncovered more than $8.3 million in property taxes owed from fraudulent homestead exemptions claimed throughout Sarasota County. The wholesale review of the lucrative exemption for resident homeowners is the first of its kind in Florida and has added almost $76 million in added taxable value that will be billed to property owners in November. More than $6.7 million in taxes owed already has been paid, leaving $1.6 million -plus, with interest, still due, said Brian Loughrey, administrative director at the county property appraiser's office. "In the end, it all boils down to being fair and equitable," Loughrey said. "Nobody likes to pay property taxes and certainly nobody wants to pay more than their fair share. This is just a way to make sure everyone is contributing their fair share, no more no less." In Florida and many states, property owners can claim a tax break for the home they live in full-time, referred to as a homestead exemption. Owners cannot claim the benefit on more than one property, but it can be difficult for property appraisers in different jurisdictions to track, leading to some accidental and some more nefarious attempts to claim residency. The enormous audit was only possible through a new partnership between the county, auditing firm Tax Management Associates and LexisNexis' Risk Solutions public records database to comb through tens of thousands of records and compare them to publicly available documents across the country to flag potentially fraudulent local filings. Over the past 18 months, the partners conducted the first complete audit of a county's homestead exemptions in Florida — whittling about 110,000 such local exemptions down to 547 cases of fraud, some dating back more than a decade. http://wtivw.heraldiribune.coni/news/20170529/first-ever-homestead-audi t-fi nds-76-mil lion... 5/30/2017 P249 First-ever homestead audit finds $76 million in new taxable value Page 2 of 3 Until now, tedious and time-consuming audits have only been completed one at a time by a member of the property appraiser's office after a complaint or tip or was received, Loughrey said. But with the analytics used by Tax Management Associates, homesteads could finally be reviewed en masse, effectively purging the tax rolls of all fraud at once. "I've always referred to it as the three-legged stool," said Matthew Dounahuey, a market planner with LexisNexis Risk Solutions who worked on the project. "You need data, you need the analytics and you need the staff to look through it. If you don't have all three of those, you're not going to get very far." The resulting owed taxes uncovered by the audit were nearly double the roughly $4.6 million the county has collected from its own investigations into fraud over the past 24 years combined. "Now the records are scrubbed, so to speak," Loughrey said. Before "it was very much needle and a haystack." The genesis The process began at the end of 2015 when Sarasota County submitted 98,000 of the county's 110,000 homestead exemption records to Tax Management Associates and LexisNexis for.review. The county stripped out about 12,000 exemptions that had been reviewed and approved just in 2016 since they had so recently been verified, Loughrey explained. Tax Management Associates and LexisNexis staff compared those records with more 20,000 public and commercial records to identify any discrepancies, such as professional licenses, tax records, duplicate exemptions, or family. members receiving deductions under a deceased relative's name, for example, according to the companies. Per the agreement, the companies will collect 30 percent of the owed taxes it uncovers, or about $2.5 million in this case, Loughrey said. Within a few months, analysts had flagged about 2,500 properties receiving the exemption for a questionnaire to provide further supporting documentation. The results of that process narrowed the final list down to just over 1,000 cases for county staff to more thoroughly investigate. The 547 cases of fraud represent only about 0.5 percent of local properties receiving the exemption, which is lower than county officials and analysts had expected, Loughrey said. "Based on what TMA said they got historically, we were expecting I to 2 percent," he said. "It's actually a good result that there weren't that many." There was little pattern to the fraudulent cases, spanning homes and condos, large and small, wildly expensive and modest, in every corner of the county, Loughrey said. In the majority of cases owners also were claiming homestead - style exemptions in other states. Withdrawing the exemptions not only removed the up to $50,000 tax break, it also eliminated those properties' Save Our Homes amendment benefit, which became the main driver behind the dramatic $76 million in new taxable value added to the county tax rolls, Loughrey said. http://vm,w.heraldtribune.com/newsl20170529/first-ever-homestead-audit-finds-76-mi Ilion... 5/30/2017 P250 First-ever homestead audit finds $76 million in new taxable value Page 3 of 3 The Save Our Homes rule caps the amount a homesteaded property's taxable value may increase each year to 3 percent or inflation, whichever is less. Homestead values have not increased the full 3 percent since 2012, for example, so many of properties caught in the audit will see huge increases to their taxable value. "Sarasota County is a leader in detecting homestead exemption fraud," Government and LexisNexis Special Services CEO Haywood Talcove said. "The simple fact is all homestead exemption programs have some level of fraud in their programs and most are strapped for resources. The difference here is that Sarasota County realized it did not have to uncover the fraud on its own, and it paid off. By using our identity analytics, coupled with TMA's investigative capabilities, they uncovered $75 million in new taxable value that can be used to fund essential public services." Subscribe Now! Choose from one of the options below Pick a subscription that's right for you. Memorial Day Sale: 3 months full digital access for $10 Maximize Memorial Day Savings: 6 months full digital access for $20 Sarasota Herald -Tribune Full Access monthly digital i subscription Sarasota Herald -Tribune Full Access yearly digital subscription Free Herald -Tribune digital access with any print subscription Already purchased? Log in to your account S10.00 / 3 MONTHS S20.00 / 6 MONTHS S12.95 / 1 MONTH S155.40 / 1 YEAR SUBSCRIBE NOW http://wNvw.heraldtribune. cominewsl2O l 70529/first-ever-homestead-audit-finds-76-million... 5/30/2017 P251 Detail by Entity Name Florida DeoartmenI of State c'✓' ip'ea V Department of State / Division of Corporations If Search Records / Detail By Document Number / Detail by Entity Name Florida Limited Liability Company 8485 105 CT, LLC Filinq Information Document Number L16000172495 FEI/EIN Number N/A Date Filed 09/14/2016 State FL Status ACTIVE Principal Address 7858 RINEHART BOYNTON BEACH, FL 33437 Mailing Address 7858 RINEHART BOYNTON BEACH, FL 33437 Registered Agent Name & Address CORPORATE CREATIONS NETWORK INC. 11380 PROSPERITY FARMS RD #221 E PALM BEACH GARDENS, FL 33410 Authorized Person(s) Detail Name & Address Title MGR KLECKNER, MARY 7858 RINEHART BOYNTON BEACH, FL 33437 Annual Reports ReportYear Filed Date 2017 03/22/2017 Document images 03/22/2017 — ANNUAL REPORT View image in PDF Format 09/14/2016 -- Florida Limited Liability View image in PDF format Page 1 of 2 DIVISION OF CORPORATIONS http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 6/12/2017 a5� � Exemptions Detail --- Property Information Owner Name: KIRSHBAUM ROBERT PCN Number: 00-42-46-04-03-000-1130 Exemption Detail --_-------_ Save Our Homes (SOH) Base Year: 2009 Exemption year: 2017 Page I of 1 Applicant/Owner Year Detail KIRSHBAUM ROBERT & 2017 Homestead 2017 Additional Homestead 2017 Qualified Exemption KLECKNER MARY 2017 Homestead 2017 Additional Homestead 2017 Qualified Exemption ., Print Close http://www.co.palm-beach.fl.us/papa/Asps/PropertyDetail/ExemptionDetai l.aspx?entity_id... 6/12/2017 PROPERTY 28929 R RES 10/20/2015 OWNER ID: 8485 105 CT LLC Legal Description 285954 7858 RINEHART DR VERO LAKE ESTATES SUB UNIT 0 - BLK H LOT I PBI 6-22 BOYNTON BEACH, FL 33437 31383300005008000001.0 SITUS $485 105TH CT VERO BEACH, FL 32987 TAX AREA: 3C *28929* ACRES: 0.3500 APPR VAL METHOD: Cost SOH %: 0.00 NSOH64%: 100-00 NSOH 55 %: 0.00 IMPROVEMENT VALUE LAND MARKET TOTAL MARKET VALUE AG VALUE PRODUCTIVITY LOSS ASSESSED VALUE EXEMPTION VALUE TAXABLE VALUE 141,211 + 9,835 151,046 0 0 151,046 151,046 WebID-28929 �HFOIR �mETO AMP,ROVEMENT#1 kEmp Tiolmi, UTILITIES LAST APPR. TOPOGRAGPHY LAST APPR. YR 2014 ROAD ACCESS LAST INSP. DATE 12102/2014 OP40 [A" M11 ZONING RS -3 NEXT INSP, DATE PICTURZI: PRIMARY USE0100 # OF IMPRV NEXT REASON REMARKS BASE !"LDING'PEk1MfTd, (A- 15%fln ISSUE DT PERMIT TYPE PERMIT AREA ST PERMIT VAL -r 12/29f2003 MISC A 100 10/22M03 SP A 10,000 TaE t EA- 76,11 6 ;-Y i GARSOtA," '09ft5 f" SALE DT PRICE GRANTOR DEED INFO 09/16/2016 190,000 UNWANTED HOME SOMID / 29671450 07/06/2016 117,100 BASS, JIMMY CT / 2950 / 2332 K. 02101/2007 233,000 MILLS CAREN 8 WD / 2129 f 1313 31383,3000050080xan0000 Ir M TYPE "T"o CLA&wm' Q..wy Lf LENGTH vam" AREA UWT PRICE UF*T& e T EFF Int COND VALUE DEPR PHYS ECON NOC WW AW AVUVALUE 0"cFe"w" uwrx CODE VALUE 1 • BASE RES R7/V&C0[ 100 0M 0.00 1,556.0 66.59 1 2004 2004 112,014 93% 0,93 104,173 Substructure Code 0.00 Stab on Ground 0 2 OP40 RES R7NVLC0j 100 0.00 0.00 200.0 26.64 1 2004 2004 5,328 93% 0.93 4.955 Extenor Wall 0.00 Stucco on Concrete Block 0 3 GAR50 RES R7/WLCOE 100 0.00 0.00 400.0 33.30 1 2004 2004 13,320 93% 0.93 12.388 Roof Data 0.00 Hip/Jsl-TrUDimeni&on Shg 0 4 SP30 RES R7fWLC0( 100 0.00 0.00 76.0 19.98 1 2004 2004 1,518 93% 0.93 1.412 Fir St/C, 0.00 Concrela.'rile.ceramiquarir 0 5 DRCN AISC R71WLC0[ 100 0.00 0.00 1,228.0 2.72 1 2004 2004 3,340 93% 093 3,106 6 PTCN RISC R71VACOC IDO 11.00 10.00 110.0 2.72 1 2004 2004 299 93% 0.93 278 Interior Wall 0.00 Drywall 0 7 SPCN AISC R7A'VLCOL 100 22.00 10.00 220.0 40.59 1 2004 2004 8.930 93% 0.93 8,305 Total Rooms 6.00 Total Rooms 0 8 PPCK RISC R7/WLC0( 100 0,00 0.00 653,0 4.35 1 2004 2004 2,841 93% 0.93 2.642 Bedrooms 2.00 Bedrooms 0 Bathrooms 2.00 Bathrooms 0 HVAC 0,00 Forced Hot Air, w/ Air Cd 0 Shape Code 0.00 Rectangle 0 Raw 7-. 'f A4 AQ UN AG TAeLZ 7- AQ Qwr "M 77) AG VALUE LN DESCRPTION TYPE LUSE 2M CLS TWE w N"" uwTS UNT PRICE 6TOMS VAL ACU LANDACU W MKT VAL I E E 01C SPECIAL Y FF 115.70XI30.00 100.00 11,570 1,00 0.85 A 9.835 N 0.00 0 Land Total: 6.375 15041M00 9.835 a WebID-28929 PROPERTY 28929 R RES 10/20/2015 OWNER ID: 8485 105 CT LLC Legal Description 285954 7858 RINEHART DR VERO LAKE ESTATES SUB UNIT 0 - BLK H LOT 1 PBI 6-22 130YNTON BEACH, FL 33437 31383300006008000001.0 SITUS 8485 105TH CT VERO BEACH, FL 32967 TAX AREA: 3C *28929* ACRES: 0.3500 APPR VAL METHOD: Cost SOH %: 0.00 NSOH54%: 100-00 NSON 55 %: 0.00 IMPROVEMENT VALUE 141,211 LAND MARKET + 9,835 TOTAL MARKET VALUE = 151,046 AG VALUE = 0 PRODUCTIVITY LOSS 0 ASSESSED VALUE = 151,046 EXEMPTION VALUE TAXABLE VALUE = 151,046 rz ONS UTILITIES LAST APPR. TOPOGRAGPHY LAST APPR. YR ROAD ACCESS LAST INSP. DATE ZONING NEXT INSRDATE PRIMARY USE #OFIMPRV NEXT REASON REMARKS pv"Fill� SALS'IyK013M11T[ON .-" r LW.--IFYPE MIND LF-" LENGTH WIDTH 9 CU`4 RISC R7/V&COE 100 0.00 0.00 10 SE2 RISC R7NVLC01 100 0.00 0.00 1 Residence AREA. UNIT PRICE,,UN1T5_8UTLT -EfF YR, COND, 100.0 5.11 1 2004 2004 1,723.0 2.17 1 2004 2004 6.266.0 (E2004)_Homesite: . (100) . NALUE4� DEPRjmj P"M_ ECOH_ FUNC COMP A04—A04YALUE-0ESCRN'TH)" 511 93% 0.93 3,739 93% 0.93 151,840 Living Area: 1,556 475 3,477 141,211 ------- �60119' --TYPE; LUSE, 3M ;,u CM, TABLE "3 mu"_ -UNI" UNIT PRICE.,, GROU VAL —ADJ LANDADJ 8RC —MKTVAL, AG-AGIBIE" AGTABLt--' �AGUMPRC .7 -.1 WebID-28929 June 13, 2017 ITEM 14.E.2 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: June 6, 2017 SUBJECT: Follow-up on Privately Funded Indian River Lagoon Pilot Project FROM: Tim Zorc Commissioner, District 3 Discussion Item: As was discussed at the November 8, 2016, Board of County Commissioner meeting, Greenfield Resources, a private company, has been conducting a pilot project using Greenfield's A.L.E.F. (Advanced Linear Electro -Flotation) system for treating water in the canal system that leads to the Indian River Lagoon. Adam Taylor, President/CEO of Greenfield Resources would like to present the findings from the water samples and update the Commission on the implementation of the pilot project. P252