Loading...
HomeMy WebLinkAbout08/15/2017 (3),tjV ER 1 1� 0 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, AUGUST 15, 2017 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.iregov.com 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 Pastor Scott K. Blount, Associate Minister, Vero Christian Church 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating the Day of September 11, 2017, as Florida Missing Children's Day Attachments: Proclamation 5.B. Presentation of Proclamation Designating the Month of September as Suicide Awareness Month Attachments: Proclamation 5.C. Presentation on Tunnel to Towers by Gina Kempf, Director, Tunnel to Towers Vero Beach 6. APPROVAL OF MINUTES August 15, 2017 Page 1 of 13 6.A. Regular Meeting of June 20, 2017 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Commissioner Appointments of Members to the Development Review and Permit Process Advisory Committee (District 2 - Commissioner Flescher, Chairman) Attachments: Commissioner Memorandum Carter S. D. Taylor Application 07132017 Joseph Paladin Application 07242017 7.B. Commissioner Appointments of Members to the Development Review and Permit Process Advisory Committee (District 4 - Commissioner O'Bryan, Vice Chairman) Attachments: Commissioner's Memorandum Committee Application Banov Committee Application Redus 7.C. Commissioner Appointments of Members to the Development Review and Permit Process Advisory Committee (District 1 - Commissioner Adams) Attachments: Commissioner's Memorandum Robin Raiff Application (SA Appt) Debb Robinson 7.D. Commissioner Appointments of Members to the Development Review and Permit Process Advisory Committee (District 3 - Commissioner Zorc) Attachments: Commissioner's Memorandum James Wesley Mills Application Richard A Brown Application 7.E. Commissioner Appointments of Members to the Development Review and Permit Process Advisory Committee (District 5 - Commissioner Solari) Attachments: Commissioner's Memorandum Chuck Mechlino Application John Blum Application 08042017 7.F. Update on All Aboard FL/Vero Electric Expenses Attachments: Staff Report All Aboard FL Expenses FPBL-Vero Beach-FMPA expenses 7.G. Florida Department of Agriculture and Consumer Services, Florida Forest Service, Indian River County 2017 Annual Fire Management Report Attachments: Florida Forest Service 2017 Annual Report August 15, 2017 Page 2 of 13 7.H. City of Fellsmere Notice of Intent to Adopt Ordinance 2017-19 to Annex +/- 9.92 acres located at 13875 and 1394589th Street, south of Ditch 18 and the Garofalo Tract into the City of Fellsmere, said annexation requested by Gerald W. Renick, as Trustee of the Gerald W. Renick Revocable Trust (property owner) Attachments: City of Fellsmere notice of intent to annex +/- 9.92 Acres 7.I. Proclamation and Retirement Award Honoring Richard E. Ridge on His Retirement From Indian River County Board of County Commissioners Department of Emergency Service/Fire Rescue Division with Twenty -Five Years of Service Attachments: Proclamation Service Award 7.1 Proof of Publication of Unclaimed Monies for Cash Bonds Deposited with the Clerk of the Circuit Court prior to January 1, 2016 is on file for review in the Office of the Clerk to the Board. 7.K The Public Official Bond for the newly appointed Hospital Trustee Tracey L. Zudans has been received from Attorney Jennifer D. Peshk&s office. The bond is on File in the Office of the Clerk to the Board. Attachments: Public Official Bond for Tracey L. Zudans 7.L. Florida Public Service Commission- Consummating Order PSC -0265 -CO -EI makes Order PSC -17 -0229 -TRF -EI effective and final; docket to be closed. In re: Petition for approval of revisions to tariff sheet Nos. 4.070 and 4.080, deposit requirements and customer billing, by Duke Energy Florida, LLC. Is on file for review in the office of the Clerk to the Board. 7.M. Florida Public Service Commission -Consummating Order PSC -2017 -0264 -CO -EI makes Order PSC -17 -0230 -TRF -EI effective and final; docket shall be closed. In re: Petition for approval of revised customer security deposit tariff sheets, by Florida Power & Light Company. Is on file for review in the office of the Clerk to the Board. 7.N. Florida Public Service Commission- Order No. PSC -2017 -0278 -PAA -EQ In re: Petition for approval of renewable energy tariff and standard offer contract, by Florida Power & Light Company. Is on file for review in the office of the Clerk to the Board. 7.0. Florida Public Service Commission- Order No. PSC -2017 -0283 -TRF -El In re: Petition for approval of revised underground residential . distribution tariff's, by Duke Energy Florida, LLC. Is on file for review in the office of the Clerk to the Board. 7.P. Florida Public Service Commission - Order No. PSC -2017 -0316 -PCO -EI In re: Petition for determination under Rule 25-6.115, F.A.C., and approval of associated revised tariff sheet 6.300, by Florida Power & Light Company is on file for review in the Office of the Clerk to the Board. 7.Q. Indian River County Venue Event Calendar Review Attachments: Staff Report August 15, 2017 Page 3 of 13 8. CONSENT AGENDA 8.A. Checks and Electronic Payments July 7, 2017 to July 13, 2017 Attachments: Finance Department Staff Report B.B. Checks and Electronic Payments July 14, 2017 to July 20, 2017 Attachments: Finance Department Staff Report 8.C. Checks and Electronic Payments July 21, 2017 to July 27, 2017 Attachments: Finance Department Staff Report 8.D. Checks and Electronic Payments July 28, 2017 to August 3, 2017 Attachments: Finance Department Staff Report 8.E. Dori Slosberg Driver Education Safety Act, Indian River County Traffic Education Program Trust Fund Report through 06/30/17 Attachments: Finance Department Staff Report 8.F. Quarterly Investment Report for Quarter Ending 06/30/17 Attachments: Finance Department Staff Report 8.G. Quarterly OPEB Trust Report for the Quarter Ending 06/30/17 Attachments: Finance Department Staff Report 8.H. Quarterly Tourist Development Tax Report for the Quarter Ending 06/30/17 Attachments: Finance Department Staff Report 8.1. Change in Investment Policy Attachments: Finance Department Staff Report 8.J. Nationwide Service Administration Contract Attachments: Finance Department Staff Report Nationwide Contract Final 8-8-17 8.K. Out of State Travel to Washington, D.C. Related to All Aboard Florida (Brightline) Attachments: Staff Report 8.L. Purchase of Right -of -Way from Lockwood Lane Development Group, LLC for 27th Avenue/17th Street SW Intersection Improvements Attachments: Staff Report Exhibits A and B Agreement to Purchase and Sell Real Estate August 15, 2017 Page 4 of 13 8.M. Approval of 2017/2018 State Funded Subgrant Agreement To Update Indian River County's Hazards Analysis Attachments: Staff Report Hazardous Analysis Grant Agreement Grant Form 8.N. Request for Authorization to Submit an Application for 49 USC CH. 53, Section 5311 Transit Operating Assistance Funds for FY 2017/18 Attachments: Staff Report Resolution Grant Application Budget Form 8.0. Acceptance of Drainage and Maintenance Easement from River Club At Carlton Community Association, Inc. Attachments: Staff Report Easement 8.P. Award of Bid No: 2017060 Go -Line Bus Turn -Off CR 510 (90th Avenue) Attachments: Staff Report Sample Agreement 8.Q. Right -of -Way Acquisition - 66th Avenue Widening Project Owner: Randy and Diane Lott - 7425 66th Avenue, Vero Beach, FL 32967 Attachments: Staff Report Original Purchase Agreement 8.11. Consideration of the Indian River County SHIP Program 2017 Annual Report Attachments: Staff Report SHIP Funds and Applicants Information Summary SHIP Annual Report for FY 2014-2015 (final Closeout report) SHIP Annual Report for FY 2015-2016 (Interim report) SHIP Annual Report for FY 2016-2017 (Interim report) SHIP Annual Report Certification Form 8.S. Approval of Renewal for a Class "E" Certificate of Public Convenience and Necessity for Senior Resource Association to Provide Wheelchair Services. Attachments: Staff Report Senior Resource Association COPCN Application COPCN Certificate August 15, 2017 Page 5 of 13 8.T. Miscellaneous Budget Amendment 021 Attachments: Staff Report Final Budget Resolution ba 021 year ending Exhibit A 8.U. Miscellaneous Budget Amendment 022 Attachments: Staff Report 2016 2017. Resolution Exhibit "A" BA 022 S.V. Sea Turtle Education Grant - Darker Skies Darker Beaches Attachments: Staff Report Sea Turtle Educational Grant application Grant acceptance instructions Grant Consent Form IRC Grant Form 8.W. Approval of Work Order No. AA -1 With Anderson Andre Consulting Engineers, Inc. for Construction Material Testing and Monitoring Services for Osprey Acres Floway and Nature Preserve Attachments: Staff Report Osprey Acres Andersen Andre Work Order AA -1 Osprey Acres Andersen Andre Exhibit A 8.X. Consideration of the County's Comprehensive Plan Update and Evaluation and Appraisal Report (EAR) Options Attachments: Staff Report BCC staff report for March 7. 2017 meeting Minutes from 3-7-17 BCC meeting Staff letter to DEO dated March 7, 2017 DEO Letter to the County dated March 16, 2017 Section 163.3178, Florida Statutes on Coastal Management Element Components 8.Y. Recommendation to Delay Construction of the Reinforced Concrete Wall Sawing and Duperon F1exRake Rehabilitation at PC Main Screening System and Reissuance of Bond Attachments: Staff Report Construction Delay Bond Letter - Liberty Surety First Costello Bros Extension of Agreement August 15, 2017 Page 6 of 13 82. Work Order No. 3, Masteller & Moler, Inc., 64th Avenue Sidewalk Project 8.FF. Request for Approval of Circus Pages License Agreement for Use of the Indian River County Fairgrounds for Event on September 8, 2017 Attachments: Staff Reports 2017-09-08 CircusPages License Agreement Pkq. 8.GG. Final Payment to Parkson Corporation for Bid #2016037 Headworks Screen and Compaction Equipment Refurbishment Attachments: Staff Report Invoice ARI -51017393 from Parkson Corporation August 15, 2017 Page 7 of 13 Wabasso Attachments: Staff Report 64th Avenue Sidewalk - Masteller Moler Work Order 3 8.AA. Gifford Neighborhood 45th Street Beautification Project Phase 1I, Work Order No. 14, Kimley-Horn & Associates, Inc. Attachments: Staff Report 45th Street Beautification Project, Kimley-Horn Scope of Services 8.BB. Approval of Work Order No. S-1 With CivilSury Design Group, Inc. for Topographic Survey Services for the Proposed North Relief Canal Stormwater Treatment Facility Attachments: Staff Report North Relief Canal - Work Order No. S-1 CivilSury Design Group 8.CC. Stabilized Material Purchase Order Increase Beyond County Administrators Approval Limit Attachments: Staff Report 8.DD. 1 -Year Renewal of Lease for North County Offices Attachments: Staff Report One Original Lease Renewal Agreement 8.EE. Indian River County Intergenerational Recreation Center (IG Bldg) at South County Regional Park - Final Pay, Release of Retainage and Change Order No. 6 Attachments: Staff Report Contractor's Application for Payment No. 20 Change Order No. 6 8.FF. Request for Approval of Circus Pages License Agreement for Use of the Indian River County Fairgrounds for Event on September 8, 2017 Attachments: Staff Reports 2017-09-08 CircusPages License Agreement Pkq. 8.GG. Final Payment to Parkson Corporation for Bid #2016037 Headworks Screen and Compaction Equipment Refurbishment Attachments: Staff Report Invoice ARI -51017393 from Parkson Corporation August 15, 2017 Page 7 of 13 8.HH. Final Pay and Release of Retainage to Ham R/O Systems, Inc., for Membrane Replacement for RO Skids at North County RO Water Treatment Plant, Bid No. 2016025 Attachments: Staff Report Final Pay Application 8.II. Esri ArcGIS Server License Additions Attachments: Staff Report Esri Vendor Quote #20510635 8.JJ. Recommended Selection of Consultants for RFQ 2017053- Continuing Environmental and Biological Support Services for Engineering Projects Attachments: Staff Report FEC Formal Protest Letter Response to FEC Protest 8.KK. Developer Agreement For The Installation Of The Offsite Water Main and Sewer Lines to Lost Tree Preserve Attachments: Staff Report Lost Tree Preserve Developers Agreement 8.LL. Round Island Riverside Park Pavement Resurfacing Release of Retainage and Change Order No. 1 Attachments: Staff Report Contractor's Application for Payment No. 2 Change Order No. 1 &MM. Award of Bids for Annual Telecommunication Systems Equipment, Material, Supplies, Maintenance, and Installation (Bid 2017057) Attachments: Staff, Report Sample Agreement 8.NN 8.00. Benefits Consultant/Broker/Actuary Services - Approval of Consulting Services and Business Associate Agreements with Lockton Companies effective October 1, 2017 Attachments: Staff Report Business Associate Agreement - Draft - Lockton Service Agreement - Draft - Lockton Second Renewal and Extension of License Agreement for Ryall Tract Attachments: Staff Report Second Renewal and Extension of License Agreement August 15, 2017 Page 8 of 13 8.PP. Locally Funded Agreement with the Florida Department of Transportation for Relocation Expenses for Mark's Mobil, Mermaid Carwash and Harbora Parcels Attachments: Staff Report Locally Funded Agreement with FDOT Authorizing Resolution 8.QQ. Three Party Escrow Agreement between the Florida Department of Transportation, the Florida Department of Financial Services and Indian River County for Right -of -Way Acquisition, Demolition and Relocation Assistance for the SR 60/43rd Avenue Project Attachments: Staff Report Three Party Escrow Agreement Authorizing Resolution 8.RR Subordination of County Utility Easements to the Florida Department of Transportation, for the SR 60/43rd Avenue Project Attachments: Staff Report Subordination Agreement Authorizing Resolution 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A.1. Indian River County Sheriff Deryl Loar: Request for transfer of $25,035.45 from the forfeiture of real or personal property for the purchase of aviation survival equipment, video capture kit for helicopter flashback system, and a video capture system for interview room in accordance with Florida Statute 932.7055 - Florida Contraband Forfeiture Act. Attachments: Letter Dated August 1 2017 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Medical Marijuana Ordinance (Legislative) Attachments: Staff Report Draft Medical Marijuana Ordinance B. PUBLIC DISCUSSION ITEMS C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. Executive Session Time Certain - 10:00 a.m.: IAFF Local 2201 Attachments: Staff Report August 15, 2017 Page 9 of 13 11.B. Executive Session: Teamsters Local 769 (Will Follow Immediately after completion of Executive Session: IAFF Local 2201) Attachments: Staff Report 11.C. Sale of Indian River County Annex Building a/k/a Old Library 1028 20th Place, Vero Beach, Florida 32960 Attachments: Staff Report Agreement to Purchase and Sell Real Estate Resolution 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. Request for Authorization to Develop an Agreement with Pulte Homes for Improvements to 58th Avenue Attachments: Staff Report The Lakes at Waterway Village Consultant Proposal for 58th Avenue Extended Project Limits 12.A.2. Request to Consider Establishing an Exception to Cut and Fill Balance Requirements for Commercial/Industrial Development in Flood Hazard Areas Attachments: Staff report Attachment 1: Poppell property location map Attachment 2: LDR Subsection 930.07(2)(i) Attachment 3: Draft proposed LDR revision Attachment 4: FEMA compensatory storage information Attachment 5: CRS classification information Attachment 6: Comprehensive Plan policies B. Emergency Services C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budget August 15, 2017 Page 10 of 13 12.E.1. Indian River County Travel Policy Attachments: Staff Report Travel Policy F. Public Works G. Utilities Services 12.G.1. Sole Source for Kruger/Oxidation Systems Attachments: Staff Report Kruger Quote No. 042517b rev3 Sole Source Letter, Kruger OEM 12.G.2. Sole Source for Ring Power Attachments: Staff Report Ring Power Quote Sole Source Letter 12.G.3. Additional Grant Funding Opportunity for North Sebastian Septic to Sewer (S2S) Phase 1 Sewer Project Attachments: Staff Report Enterprise Florida Job Growth Grant Fund Public Infrastructure Grant Proposal 13. COUNTY ATTORNEY MATTERS 13.A. 2018 Pre -Session Legislative List of Priorities and Concerns Attachments: Staff Report 2018 Pre -Session Legislative Priorities and Concerns REV2 U.B. Economic Development Council Appointment Attachments: Staff Report Economic Development Council Application - Olson Olson Resume - Economic Development Council 13.C. Development Review and Permit Process Advisory Committee Appointments Attachments: Staff Report Stephen R. Melchiori Application -Resume Joseph Schulke Application -Resume Robert Votaw Application -Resume David B. Kanarek Application -Resume James G. Vitter II Application -Resume Christopher Murphy Application -Resume Greg Burke Application -Resume August 15, 2017 Page 11 of 13 14. COMMISSIONERS MATTERS A. Commissioner Josenh E Flescher Chairman 14.A.1. Discussion of a Resolution In Support of Legislation making Texting While Driving a Primary Traffic Offense Attachments: Commissioner's Memorandum Proposed Resolution B. Commissioner Peter D. O'Brvaa Vice Chairman C. Commissioner Susan Adams D. Commissioner Bob Solari 14.D.1. Revision to County's Local Job Grant Program Attachments: Commissioner's Memorandum E. Commissioner Tim Zorc 14.E.1. Zoning and Rezoning Requirements Attachments: Commissioner's Memorandum 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 15.A.1. Approval of Minutes Meeting of June 20, 2017 15.A.2. Approval to Increase Boundtree Medical Purchase Order Attachments: Staff Report B. Solid Waste Disnosal District 15.B.1. Final Pay to Kessler Consulting, Inc for Work Order No. 1 and Work Order No. 2, Solid Waste Procurement Services and Feasibility of Solid Waste Processing & Recycling Services Attachments: Staff Report Kessler Final Invoices 15.B.2. Work Order No. I l to CDM Smith, Inc. for Evaluation Monitoring for the C&D Landfill Attachments: Staff Report Work Order No.11 FDEP Review June 22 2017 Letter August 15, 2017 - Page 12 of 13 a 15.8.3. Approval of 2017 CPI Adjustment Request by Waste Management Attachments: Staff Report Rate Adjustment Letter from Waste Management Updated Exhibit 1 15.13.4. Request Approval for Two Paper Shredding Events in Fiscal Year 2017/18 Attachments: Staff Report 15.B.5. Agreement for Recycling of Batteries Attachments: Staff Report Agreement with St Lucie Battery and Tire Proposal from St Lucie Battery and Tire Letter of Signatory Authorization 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 w",%v.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. August 15, 2017 Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m until Wednesday at 6:00 a.m, Wednesday at 9:00 a.m until 5:00 p.m, Thursday at 1:00 p.m through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p. m Page 13 of 13 PROCLAMATION sa DESIGNATING THE DAY OF SEPTEMBER 11, 2017, AS FLORIDA MISSING CHILDREN'S DAY WHEREAS, Florida's children are our greatest assets; and, WHEREAS, approximately 35,000 children are reported missing annually in the State of Florida; and, WHEREAS, approximately 10,000 adults are reported missing annually in the State of Florida; and, WHEREAS, Florida's children rely on public awareness and law enforcement training to ensure their safety; and WHEREAS, Florida recognizes the need for continued awareness to help reduce the incidents of missing children; and WHEREAS, the State of Florida remains diligent in our commitment to safeguard Florida's most vulnerable citizens, and will strive to improve our response methods and maximize our resources to bring our missing children home; and WHEREAS, Florida has established an Advisory Board to the Missing Endangered Persons Information Clearinghouse, which consists of law enforcement officials, victim parents, government agencies, missing children non-profit organizations, and members of the business community with interest in missing children issues; and WHEREAS, many citizens of Florida take heroic measures to protect our children, families, and communities; and WHEREAS, Florida is proud to recognize the law enforcement community and countless volunteers who spend their time, energy, and resources to find Florida's missing children. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the 11'" day of September, 2017, be designated as Florida Missing Children's Day in Indian River County. Adopted this 15th day of August, 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 P1 PROCLAMATION DESIGNATING SEPTEMBER 10, 2017 AS SUICIDE AWARENESS DAY WHEREAS, Suncoast Mental Health Center seeks to increase awareness and encourage continued discussion and action regarding mental health matters such as suicide, recognizing that greater awareness is critical; and WHEREAS, the total number of suicides has increased statewide from 1995 to 2014. South Florida has more suicides than murders and traffic fatalities combined, yet the stigma prevents open discussions; and WHEREAS, September 10'" has been known as World Suicide Prevention Day since 2003 as supported by the International Association of Suicide Prevention, of which the United States is represented along with 52 other countries worldwide. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that September 10, 2017, be designated as SUICIDE AWARENESS DAY in the County of Indian River, Florida and ask all citizens to observe this day by re-educating themselves about risk factors and resources, speaking up when someone they know is struggling, offering support and caring words to those around them, remembering those who have chosen to no longer be with us, and reaffirming the importance of working together to keep the community healthy. Adopted this 15th day of August, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Peter D. O'Bryan, Vice Chairman Susan Adams Bob Solari Tim Zorc P2 ,5-C. Tunnel to Towers Vero Beach To benefit the Tunnel to Towers Foundation, on September 9th, 2017 at 7:30 am at Riverside Park, there will be a commemorative walk/run to retrace the steps of Stephen Siller on that fateful morning. This event is in memory of Stephen but also to show gratitude to the first responder's of our community who show the same courage daily that was demonstrated by Stephen. Also, this event is a salute to our men and women in the military who valiantly serve every day both here and abroad to protect our freedom. Course: Begins and ends at Riverside Park -350 Dahlia Lane Vero Beach, FL 32960 Non Refundable Entry Fee: $25.00 for adults, Children 15-17 $15.00, 14 & under are free. Race day entry $30.00 The one mile entry is $20.00 and $25.00 on race day, 14 & under are free. Race day applications will be accepted starting at approximately 6:15 am and will cut off at 7:15 am sharp. Online Registration (Credit card required) https://www.eventbrite.com/e/2017-tunnel-to-towers-5k-run-walk-vero beach-registration-34212911740?aff=erelexpmlt#tickets Runner's Depot DOES NOT._maintaintheonline registration. Contact Gina Kempf at t2tverobeachCo)aol.com for questions: Or Mail Race Entry Forms & Checks or Register in person to Runner's Depot of Vero Beach (Located in the Miracle Mile Plaza) 436 21 st Street Vero Beach, FL 32960 772-569-7364 www.runnersdepotvb.com Awards: Age group awards to top 3 male and female Runners in following categories: Male/Female Overall, Male/Female Overall Masters, 9 and under, 10-14, 15-19, 20-29, 30-39, 40-49, 50-59, 60-69, 70 & Over— One Team Trophy for the "Team' Category and One Team Trophy for the largest station house participation. Packet Pickup: September 8'"; 2017 at Runner's Depot (Address above) 10:00am to 5:00pm — Avoid long lines on race day by picking up your packet during these hours. T Shirts are guaranteed to the first 400 registered participants. ..................................................................................................................... Entry Form Please Print Legibly and Submit with Payment Make checks payable to: Tunnel. to Towers Foundation Please, No Pets and No Rollerblades Name: Team Name: _ Run/Walk 3.43 E-mail: Sex _ Race Day Age T Shirt size: S M L XL XXL OR Station Tiam` Name: 1 Mile Untimed run/walk Phone: By signing of the application, I, for myself, my executors, administrators and assigns, do hereby discharge and release Tunnel to Towers, (Vero Beach and National) and all cooperating businesses and organizations from all claims of damages, actions and whatsoever, in any manner arising or growing out of my participation or that of my child in this event. I also give my full permission to use my name and photograph in connection with this event. Signature Date Parent Signature (if under 18) Date ***RACE DAY PHOTO'S WILL BE TAKEN AND WILL BE AVAILABLE AFTER THE RACE AT http:/fjprimages.com/ OL �_� •tEIN69 ��COMMUNICATIONS I ('jeOr eOE.Warren — INTERNATIONAL VOi�PRIMAGES.COM BA6ES. Corporation CrrRUS PRODUCTS m Empioyce nneE Comnanv p �q BCC AGENDA AUGUST 15, 2017 INFORMATIONAL ITEM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 28, 2017 SUBJECT: Appointment of Members to the Development Review and Permit Process Advisory Committee FROM: Joseph E. Flescher, Chairman Commissioner, District 2 On July 11, 2017, the Board of County Commissioners voted to establish the Indian River County Development Review and Permit Process Advisory Committee. The Committee is to be comprised of eleven to thirteen voting members appointed by the Board of County Commissioners. Each Commissioner is charged with the duty of appointing two members: one member shall be from the building and development community and one member from the community at large, but preferably knowledgeable with respect to some aspect of building and development. Members must reside, work or own property in Indian River County. I am appointing the following members to the Development Review and Permit Process Advisory Committee: Carter Taylor — Member at Large Joseph Paladin — Representative of the Building and Development Community The applications and resumes of Mr. Taylor and Mr. Paladin are attached. P3 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Name: �AQJF2 S•O.TAyio,e Date:7�r 7-/ 20 17 Full Name: C?R 'S e5, -1'-t5 .OEl,cii r oa_ Email Address: c scl+o y t o r p harm nd 1 a Street Address (No P.O. Boxes): U-65- SILJE2 51WD3 Cr. Home Phone: Work Phone: �7L ��5y7ao Al Cell Phone: How long have you been a resident of Indian River County? Lloay Are you a full or part time resident? Check one: Full TimeQPart Time Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. pR66��06nfi rGEU, Pe-aFOQMM✓ ' AM�cr We. , .A.Me0i Gq •: /�E.tFdcm�s.,c�� /f VW77CS, J,✓c. XjgpA—"A14 &701"OMM 4*d N+OaAw�9I},uAi:vP�3. iPa6sa�.vr, /NbiA�iJ,2,dBQ NE,4/papQ.r/o60 /7,�S,oc., .«lc, Please list any licenses you presently hold: Please list any organization of which you are currently a member: Please list any other committees or boards you currently sit.on: '• M7nc wr Qwf•t`:..k clv✓ Continued on next page P4 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS El ECONOMIC DEVELOPMENT COUNCIL ENTERPRISE ZONE DEVELOPMENT AGENCY ENVIRONMENTAL CONTROL HEARING BOARD �. MPO BICYCLE ADVISORY COMMITTEE D MPO CITIZEN ADVISORY COMMITTEE 0 NEIGHBORHOOD STABILIZATION PROGRAM— CITIZEN ADVISORY TASK FORCE PLANNING & ZONING COMMISSION 01 SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD D TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY ❑ n/E^/ P,SEC Ca.••� �+ Hc.w , o t 6 .f rs�.. o/i ,/ Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. Print P5 2235 Silver Sands Ct. • Vero Beach, Florida 32963 772 559-5766 (M) • 772 539-0102 (H) a tv csdtaylor@hotmail.com Carter S. D. Taylor Objective: Leverage experience, analytical skill set, and entrepreneurial problem -solving abilities to grow an established company. Professional Attributes: • Strategic. Approaches business planning like a chess player. Effort is no substitute for a sound plan. Successfully developed several business concepts, including the micro - multinational. • Problem -solver. Excellent combination of skills to define, or re -define the essence of a problem or opportunity. Entrepreneurial success was based on ability to solve problems others could not. • Disciplined. Superior focus on solving a challenge or capturing an opportunity. Making true progress requires perseverance. • Energetic. Approaches goals with unusual effort and enthusiasm. • Teamwork. Values every contributor to group effort, appreciates diverse skill sets on a team, and celebrates the success of others. • Thought -leadership. Excellent ability to articulate a vision of how it ought to be. Enlist customers, collaborators and others in that vision. Imbue teams with genuine excitement to conquer challenges. Technical Skills: Visual C#.net (C++, C), SQL Server, SSIS integration, Spatial, PostgreSQL/PostGIS, MySQL, Visual Basic. net, Microsoft Office Automation (VBA), Excel, Word, PowerPoint, Publisher, ArcG IS, QGIS, R programming language, SPSS, QuickBooks. Windows Server/Desktop administration, Unbuntu (Linux). Experience: ERI Holdings Corp., W. Melbourne, FL, Founder, Vice -President, September, 2012 — September, 2015 Development -stage renewable energy company focused initially on efficient "smart" buildings in Central Florida, and solar energy development. Exclusive Licensee Central Florida (Tampa, Orlando, and Space Coast) for Distech Controls, award-winning building automation developer Performance Direct, Inc., Atlanta, GA, President/CEO, April, 1994 - January, 2013 Founder and hands-on manager of full-service direct -response marketing boutique specializing in large-scale, complex, custom information management, analysis and consulting services for Fortune -50 and government sector clients. • Responsible for all aspects of business concept, strategy, planning, development, strategic partnerships, and execution. PAGE 1 P6 CARTERS. D. TAYLOR • Drove development of innovative business model combining cutting-edge technology, deep automation strategy, and pioneering multinational business and operating structure. Accomplishments and responsibilities: • Reduced a complex 40 -day business process to a 48-hour automated process. • Achieved gross margins of 80% through relentless pursuit of business process automation. • Zero defect service history over 15 years. • Responsible for organizing all data for outbound direct mail for largest -volume direct mailer in the world. • Company was Republican National Committee (RNC) vendor for political direct mail in Georgia. • Pioneered development of offshore remote business services. • Played key analytical -support role as Consultant to plaintiffs in the landmark Miller v. Johnson Supreme Court case, and in the State of Georgia investigation of Fleet Finance, Inc. • Developed diversified client base that included: o Telecommunications: AT&T, BellSouth, Qwest. Managed 20k+ mail segments and >100m pieces of direct mail per year. o. Automotive: Toyota Southeast Dealers' Association, Subaru North America. o Finance: Fidelity National Corporation, Citibank, SunTrust Banks, Inc., SunTrust Mortgage, Inc., SouthTrust Corporation (now Wells Fargo), SouthTrust Mortgage, BankSouth (now Wells Fargo) . o Government/Political: Republican National Committee, Governor of Georgia, Attorney General of Georgia, Insurance Commissioner of Georgia. o Healthcare: Children's' Health Care System, Atlanta. o Other: United Parcel, Southern Company, Remy -Cointreau, and several others. Taylor & Company, Inc., Atlanta, GA, President/CEO, April, 1987 - October, 1994 Founder of information services company that provided data management and analytics, commercial printing, lettershop, and consulting services. The company grew to include 35 employees, located in a 15,000 sq. ft. facility in midtown Atlanta, GA. • Leading vendor of political direct mail in Georgia. • Clients included PaineWebber Real Estate Securities, Inc. (PWRES), BellSouth, RNC, DNC, Republicans for Georgia, BankSouth, United Parcel Service, Six Flags, Atlanta Symphony Orchestra, Delta Airlines, State Bar of Georgia. • Sold business to DataDirect, Inc. in 1994. N. W. Altemus & Co., Philadelphia, PA, Research Associate, September, 1983 - December, 1985 Ergon, Inc., Jackson, MS, Research Analyst, 1982-1983. Statistical model development for refinery hedging and oil trading.. 2(Page --- P7 CARTERS. D. TAYLOR Community: Harbor View, Vero Beach, FL, President, January, 2013 - January, 2015; Director, 2011 - Present. • Reduced Operating Expense 20% over prior year • Replaced all vendors and management company • Redefined work specifications • Overhauled insurance coverage • Fully Funded reserves while reducing dues by 10% • Led vote to rename Harbor Inn as Harbor View Haverford Leadership Council, Haverford, PA Member, 2007-2009 Strategic planning and review body of leading private boy's preparatory school founded in 1884 Indian River Neighborhood Association, Vero Beach, FL, President 2017 -present Chairman, Executive Committee, 2017 -present, Vice -Chairman, Executive Committee, 2014 — 2017; Chairman, Land -Use Committee, 2016 -present, Member, Lagoon Committee, 2013 — Present. Leader of leading civic group. Public face of the organization on broadcast media, public meetings and hearings. Lobbyist, public policy issues at County and State level. University of Pennsylvania, Secondary School Committee, Atlanta, Member, 2006 - present Responsible for interviewing candidates for admission to leading Ivy -League university Silver Sands Property Owners' Association, Vero Beach, FL, President 2010 - Present South Beach Property Owners' Association, Vero Beach, FL, Treasurer, 2015 -August, 2016, Director, 2011 —August 2016; Spokesperson for SBPOA at public meetings and hearings. Trinity Episcopal Church, Vero Beach, FL, Treasurer (CFO), Member of Vestry (Trustee), February, 2012 - May, 2013 • Member of the Executive Committee • Chairman of the Finance Committee. Responsible for Balance Sheet matters including investment management Education: Wharton School of Finance and Commerce, University of Pennsylvania, B. S. Economics. Major: International Business (Finance). The Haverford School, (College Preparatory School) 3)Page P8 Name: oseph Paladin INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Date: 7117/17 1 Full Name: oseph Paladin I Email Address: aladinplan@yahoo.com Street Address (No P.O. Boxes): P450 Tropical Way Vero Beach Florida 32967 Home Phone: Work Phone: Cell Phone: 21 693 6506 How long have you been a resident of Indian River County? I20 yrs Are you a full or part time resident? Check one: Full Time❑✓ Part Time❑ Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Black Swan Consulting Atlantic Building Please list any licenses you presently hold: Please list any organization of which you are currently a member: Please list any other committees or boards you currently sit on: Continued on next page P9 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE ❑ AGRICULTURE ADVISORY COMMITTEE ❑ BEACH & SHORE PRESERVATION ADVISORY COMMITTEE ❑ CHILDREN'S SERVICES ADVISORY COMMITTEE ❑ CODE ENFORCEMENT BOARD ❑ COMMUNITY DEVELOPMENT BLOCK GRANT ❑ CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ❑ DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISOREC0M]Mj1TTEjR_ ECONOMIC DEVELOPMENT COUNCIL ❑ ENVIRONMENTAL CONTROL HEARING BOARD ❑ MPO BICYCLE ADVISORY COMMITTEE ❑ MPO CITIZEN ADVISORY COMMITTEE ❑ 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 Please print and; eet6m the•cotnpleted,application `along with a cq' ' _.resurne, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. Phrit• P10 G450 Tropical Way I Vero Beach, Florida 32967 1 objective • To strengthen our organization in a capacity that utilizes trhy background and prnfccaional training affording nhe the Ivxential to grow, impact and osercome new challenges. • Through my valid partieitmdon /committee wrorks; to playa major roll in developing the count, buildout. education Sm. nahan High School Graduate -1963 experience 1963-1968 Cabinet Shop, Employee 1968-1972 Cabinet Millwork Shop, Owner 1971 Added Restroom Partition Manufacturing Business to existing Cabinet Shop 1974 ADA Handicap Cede Construction In addition to the alx v; branched out into building ftanchiscs in thr eastern United States including; wizard's Ice Cream Stores, Supercuts Hair Salons, Penoche' Hair Salons, Clock Restrain sins, etc. 1978 —1988 British Grn<rnment contract, building roads, Embassy's and the tenindeling of historic landmatk buildings in the Caribbenn and Central America. Significant accamplishments fm this pmjeec • Named the Queen's Builder • Administration Officer (Tont Caribbean m United Stares and Central Anmrita 1989 Returned to building cnnsmtcdon in the United States, including exrensive construction in St. Lime West. Original builder/developer in Heatherwood. Omni -ed contract to build out four Seminole Tribal Reservations in Florida; took rnTr state funded project another contractor hits unable to complete which led toadditional City, County and State projects. 1996-1999 Family Business, Millwork, Traveled around the stare doing affordable housing, Owner (!cmirrioid) 1999 • Canpleted State funded pmjecu in St. Cloud, left unfinished Iry pinions builder, while doing workforce housing. • Took Ohrr a large state project in Ft. Pierce, completed 35 new homes, the first project of this qpe to IV completed within One %.Wt. During that time. I oras able (overturn into building custom million -dollar homes, acquired a desxlwouent (Sun Sebmtinn Wools), start other development projects and carious homes throughout Brevard, Indian Ri(er and Sc Lucie Counties. P11 areas of concentration & significant expertise • Roads, suit to finish • Infraeaucrurc • High rises • Multiple Dwellings • Commercial Building • Residential liomcs Millwork • General Contracting • Roofing • Development • Cummuniry/ Neighborhood Design • Reviling • Permitting current & most recent projects Villa Marta San Sebastian Woods Vem Like Estates Emerald Estates Shannon's Walk Inlet at San Sebastian Parklane Estates Paladin Place I Paladin Place 11 Paladin Estates Bidden Lake Tropical Isle Trillium West Paladin Shom� Paladin Hammock Weber Woods Wmdoeer of Malabar Magnolia Plantation current committee affiliations Sebastian Chamber of Commerce Memlxr Growth Awareness Commitim Chairman Housing Aw�ncness Committee Chainnan RnOd AwamneS Committee ittee Chairman Indian Riser Neighborhood As. c. Member Conservation & Rural Lands Comm. Memlxr Pelican Island Pitsenntion Society Mcnibe, New lowm Committee Memlxr Gifford Youth AaMry Center Board of Dir. subsuncc Abuse Council IRC Board of Dir. Charlie Con Election Board Member Impact Fer AdvLvmry Gnnnuncc Member Community Itadership Cnnuninec CoChair Board of Sugxrvisors • Warersome CDD Board of Sup. 2003 2004 2005 2005 2005 2005 2005 2006 2006 2006 2006 2007 2008 2009 • Entitlement Work • Consulting/Negotiations • Alterative Watcr supply P12 personal references Barry Billington Attorney 35 M. 954 943 7200 Kevin Crossman Nad' Sala Mgr. 14 ps. 954 868 5684 Robert Dykhuis Comptroller 12 yrs. 321693 6507 Noel Mountain Author 8 yrs. - 772 693 6508 Dee Emor Medical field 7 yrs. 321 794 2133 Mike Howard Developer 5 yrs. 321 724 5771 Stephen Smith Developer 4yrs. 772 633 2464 Rob Lindsey Agricultural Eng. 4 yrs. 772 473 1673 Kent Campbell Sheriffs Dept. 3y". 772 413 1989 Gary TParris Retired 21'rs. 772 473 8877 Russell "Ace" Capellan Retired 2 yrs. 772 696 37 73 Bill Beardslee Retired CPA 2 yrs. 772 2346491 business references Indian River County Adminisrratnr Joe Baird 772 226 1408 Indian River County Cummissioner Wesley Davi 772 473 8688 Former County Commissioner Tom Lowther 772 473 8414 Indian River Cr unty Conuniaaoner Joe Flesclter 772 633 4674 Indian River County P & Z Chairman Donna Keys 772 571 9369 Cattle Industry/ Rancher Al Scou 77.2 473 7503 11,vid Cox Consulting Dr. David Cox 772 321 3421 Scaccrest Bank, Pres. Jay Han 772 564 8808 Sdrulke Bittle & Stoddard Joe Sdtulke 772 770 9622 Dcmemee Builders, President Ron Schwartz 407 422 8191 M11 Williams, President Mike Williams 321 757 5750 Poince Wcsr, President Chuck Mechling 772 794 9912 Keller Williams, Investor Christian Gianotti 786 287 6122 Land Acquisition Evan Selbigger 321 723 0388 Cf M Communities, Vice President David Ofstein 561 488 9505 JtrM Construction, Vice President Bob Willie 321 254 0997 Cattle,) Mike Eisert 772 5628814 Constructure/DD&K Doug Relic 7725818131 Grove Owner Bobby Lindsey 772 913 5041 Simmons Hones, President Spencer Simmons 772 633 2706 Wells Fargo Mortgage Lance Sul?emaw 321 3080441 Meek & Sons Plumbing Dane Meek 7725892080 Coldwell Banker /Cotnmerc ial Ride Bervel 321 961 1559 ProCOM Communications / PR Monica Russo 321 7203749 Brennan & Kretschnner Fred Kiecachoner (772) 77&3777 P13 Gifford site cleared of 7,000 tires, 250k pounds of debris - VeroNews: Indian River Count... Page I of 2 Gifford site cleared of 7,000 tires, 250k pounds of debris Posted: Thursday, August 28, 2014 4:36 pm INDIAN RIVER COUNTY — It took more than five years but a property on 45th Street in Gifford has finally been cleared of 7,000 discarded tires and 250,000 pounds of debris and hazardous materials. The Environmental Control Board Thursday heard testimony that the environmental nightmare in Gifford was cleaned up faster than anyone thought was possible, thanks to the leadership of well- known Indian River County developer Joseph Paladin. Gifford site cleared of 7,000 tires, 250k pounds of debris Paladin was hired by Gaddis Corporation to oversee removal of old tires perfect for mosquito breeding, construction debris, rundown buildings and toxic waste from a 10 -acre parcel at 4410 45th St. in Gifford, which had become an illegal, unregulated dumping ground. Board member Dr. Philip Glade said the County had been trying to get the site cleaned up for five years or more, working with an unresponsive prior owner. Paladin said Fort Lauderdale businessman Jesse Gaddis acquired the property sight -unseen in 2012 through a foreclosure action along with other properties that had been put up as collateral in a business deal. In December the board imposed a $42,500 fine on Gaddis for failure to clean up a health hazard located next to Gifford Park, which contains ball fields, playgrounds and a swimming pool frequented by children. Paladin said when Jesse Gaddis came to Vero from his South -Florida headquarters he was shocked by the conditions on the lot. "He is a good person and a very successful businessman," Paladin said of Gaddis. "He didn't want his name associated with the mess at that property and he gave me power of attorney and complete authority to handle the clean-up." When Paladin appeared before the board in June to announce his cleanup plan, the board was skeptical because the problem had already dragged on so long, and it imposed a $500 -per -day additional fine if the work was not complete in 45 days. http:H\%,ww. veronews.wnt/news/i ndian_river_county/spotlight/giflord-site-cleared-of-tires-... 4/7/2016 P14 Gifford site cleared of 7,000 tires, 250k pounds of debris - VeroNews: Indian River Count... Page 2 of 2 County Environmental specialist Charles Vogt, who monitored the cleanup for the County, said the problems at the site and the amount of debris turned out to be much greater than what was thought in June. He said Paladin dealt with each fresh discovery of more buried waste and dangerous materials quickly and effectively. In the end, more than 7,000 tires and 250,000 pounds of debris were hauled away and disposed of in accordance with environmental regulations. "It is not very often that I gel to thank someone in my job, but I offer my wholehearted thanks to Joe Paladin for the job he and his people did," Vogt told the board. "Every day was like Christmas, going out there and seeing things get done." Paladin said he had 20 to 25 men working for approximately 60 days between mid-June and mid- August; including truck drivers, heavy equipment operators and a fulltime environmental engineer to tell crews how to dispose of hazardous items such as high pressure gas tanks and illegal septic tanks. He said the job has cost $80,000 so far and will probably top out at $100,000. Vogt and Paladin showed photos of the cleared site, which will be seeded and maintained as a grassy lot for the foreseeable future. Paladin has a radar scanning contractor coming to scan the property to see if there is additional material underground that needs to be removed. He is waiting to seed the lot until that survey and any needed excavation are complete. Even though it took Paladin more than 45 days to complete the project, the board waived the $500 -per -day penalty and reduced the $42,500 fine to $15,000. "I was appalled at the conditions that existed in the community [when I saw that site]," said Glade, "and 1 ant overwhelmed by the success of Mr. Paladin and his people in getting it cleaned up." "Ile did a very good job and took care of everything that came up," said board member Patrick Walther. who made the motion to reduce the fine. Paladin called the proiect a joint effort, citing strong support from the Gifford community and expert assistance form county staff as essential to its success. http://wti-A-.veronews.conl/news/indian_river_county/spotl ighilgifford-si te-cleared-of-tires-... 4/7/2016 P15 County's largest mixed-use project abandoned by funder - VeroNews: Vero Beach 32963 ... Pagel of 3 County's largest mixed-use project abandoned by funder Posted: Friday, September 12, 2014 5:00 am INDIAN RIVER COUNTY — The largest mixed- use residential and retail development project ever planned for Indian River County has been killed by its California funder, which has concluded that the Vero and Sebastian market is simply not ready for it. The California investment fund that that owns the Orchid Quay tract and was planning to finance a $300 million residential community and upscale retail center at the site has given up on the project and put the property up for sale. County's largest mixed-use project abandoned by funder Irvine, Calif. -based IHP Capital Partners has concluded on the basis of revised marketing evaluations that the area cannot absorb the 250,000 square feet of retail space and 350 condos and townhomes that were planned. "They had consultants in here from California and Orlando — nobody local — and they said there are too many vacant storefronts at the mall and in strip centers in Vero and Sebastian for this much new retail space to make sense," says Vero Beach developer Joe Paladin, who has been IHP's point man on the project for the past three years. The 113 -acre site, which has $5 million worth of water, sewer and electrical infrastructure put in place eight years ago when the project was called Bristol Bay, is at the southeast corner of the U.S. 1 and CR -510 intersection, the second busiest intersection in the county. Paladin still hopes to proceed with the project by building it in phases. He says he is talking with Florida -based and overseas developers with the resources to build 90.000 square feet of retail and office space and 100 town homes to begin with, but has not had time to put a deal together since THP pulled out in August. He envisions a shopping center similar to Harbor Point at U.S. 1 and 53rd St. where there is a Publix and a number of small shops and services in a strip mall format. "I would like to see something like a Fresh Market in there along with a bunch of shops and a couple of restaurants," Paladin says. "The shops would have office space above. It is a perfect http://www.veronews.com/32963—features/county-s-largest-mixed-use-project-abandoned-b... 4/7/2016 P16 County's largest mixed-use project abandoned by funder - VeroNews: Vero Beach 32963 ... Page 2 of 3 location for a real estate office and an attorney's office. I have had inquiries from a dentist and an optical shop." Paladin says the 3 -story luxury townhomes he has in mind would likely be offered in several floor plans at prices between $350,000 and $550,000. One possible scenario for moving forward would involve a new developer buying the property from I1 -IP, putting 20 percent of the purchase price down in cash and financing the building operation while IHP carried the note for the rest of the land cost. "7'hev have not committed to financing the purchase, but it is a possibility," Paladin says. This is the second time a grand project has faltered at the site while owned by IHP. It was first developed as Bristol Bay in 2004-05. The 500 -unit residential community got as far as infrastructure installation before grinding to a halt during the real estate recession. In 2011, IHP empowered Paladin to revive the development as Orchid Quay, a $300 -million residential and retail project. Paladin negotiated with the county to increase the amount of retail space through a complex land use swap that took most of year to finalize. He says the additional retail entitlement added considerable value to the property. His plan. approved by IHP at that time on the basis of its initial demographic research, was to build an upscale destination retail center. "It will be a luxury development that will cater to the north island and draw customers from Vero Beach and Sebastian," Paladin told Vero Beach 32963 in 2012. "We will have lots of trees and shrubbery, park benches, pavers and fountains. It is going to be very, nice." Paladin hoped to break ground in 2012 but the project was delayed by uncertainties about road construction at the U.S. 1 /CR -510 intersection, which the county plans to rebuild. Paladin did not want to build his shopping center and then have the road in front of it tom up and potential tenants had the same concern. "The road work really hurt me," Paladin says. "That was big delay." With the project in limbo while the county negotiated with landowners for additional right of way needed for intersection improvements, IHP sent in a new batch of consultants and got cold feet when they saw the demographic and marketing reports. "They want out," says Paladin, "but we are definitely going ahead with the project. 1 have been with the property for a number of years and I am staying with it." http://vAv%v.veronews.coml32963_f eatures/county-s-largest-mixed-use-proj ect-abandoned-b... 4/7/2016 P17 County's largest mixed-use project abandoned by funder - VeroNews: Vero Beach 32963 ... Page 3 of') "I am talking with a number of people who are interested in building the fust phase." THP Capital Partners listed the property with Margery Johnson, a senior director at Cushman Wakefield, a huge international commercial property brokerage headquartered in Orlando. Johnson did not return phone calls inquiring about the property and the listing price is unclear at this time. Paladin says IHP has tens of millions in the property in infrastructure, impact fee ad carrying costs and would like to get as much of its investment back as possible. He says more than $8 million in impact fees have been paid on the property and that its concurrency was just extended for three years. Concurrency means the project has been factored into the county's master plan and would not be rejected for traffic congestion or infrastructure overuse reasons. As it stands, a large-scale residential and retail development can be built at the site, subject to county approval of site and building plans. "I have been doing development in the county for I 1 years, and I have never lost a project," says Paladin. `9 am not going to lose this one, either." http: //www.veronexvs.com/32963_features/county-s-largest-n i xed-use-project-abandoned-b... 4/7/2016 P18 k .F� kv w.� 0► �'� qd5<y�Yo�nM�Y, ��d�V SdpBY¢¢Y��Y�mp1a'3Y��QQ��doC�v�' �C' px(5/�m 43�.b'N�. m=.fGmfry09'D me �Nq�'3dt ��dP4SG�<m d.p�pO.�n-N� � /�� ro orT gg7 J�g7� i nw O mC S "' OV•�'Vp 9 YS. A61 <m G ina-0 m^s 13<mw +3i+� yEi�mFi�m�{.�Aw 3�g5Tio c yyLL m n n�?N -NAZZNonNNp 'BSc 2No�''Z Nvl�NO ANN yv bU<V'.In'O m'v+an $q3 'iz HOgLT iSr Smw ^pj u. ..SN.a� BAN �i' rd a� GiriS �i S'n�roi fn R_ m tl �i 2L (�rJim N MUNI m��' d� f)eSY� f^n+ oa NO -Ai Y' IN w +` O Y_ L Oj t'• - la � 'Y •Si N � A N j � - OJ _ m Imn ffi+n no 0 o G s n A'•.»o <.•. 's p..I BC'FLmv i7'mmw� _o'p m6in MT• Cao e�x"wi��.oro roP•7'�m w �` 6 �•m y y s'z5 C7 F_'. m p,g �" (ai'w H, N � P: �° o m 5 0:� 9 " pial !oa�`S �o•m F�S•�A. �1(i ��3q twi+^"+W1n�nC �'�m�-yyr my P�nOm m�4 N AN.i.�Go ,'i1 mw i 'p 'w �(ry�~�(n.+:wO"'+ KrhF w L"v Aw ' •+ �0.'�07�'0 ' .wc+344ji1 �ro n.:_P..,ym N s O, . 00--IowFm�wp ' � ✓ M� �'��•' 5, 5h�0 SG.o �'S "p cC+ wm� t�mn G'�'i+p•E' 5'52�0� i.J wyc ip -+'7 �: P•5'v 6a m'sy m romm o�=.ao��o�m5 ><<y5ommoa%6�ap � m z 5.m m 5 ui m-.o'�d0 Pj+�.Cv.e .`�..Z�'wo mei e 7 Qao cnpo-.gp e,9 �°yn%f Skri3o am �oiaoaPr�B N k ro .w.n o <r. W:j mi° �d 52Y rood m F a'o c�pt7ly oa ��' 3 7�mp'wm4,.1 ¢rY o•Py S'o y ow<nw •mc.. 'a "'w.o in 'dm m y 8w'Pim:S r4e. wry ply o!. syn Yn a0 ,[�yl.V ✓' OCA y m rJ 6.5 � L� + n �J' (") C G m� O «� y N � po O x Y � � � � O d �• y � .+ owGmOmp µAn yQ roro�5. �.O hmG m g N s��.�a3`w"Pa��ob•G L~0,n ��'oa, a.°��� E•',�°.1S�m�q o�m'4 i'm I'S O 1/a1 i i+ P-'+•GpN 4.11 V. In ��'II 1Zryry mry Y {� pp N Ym��y C.p'�'NN��YC'O.3bSm p'µ C�l/'r�n lNF i'Tn Nip Jam N iln �< [{^y^ !! 5 �Om y sA�m �e� c �m C w�-Iroi-+�NwQm tl' Yn P•'y �� �y iTO pPC +t nN m ro �da' o5v[y"ly Fm d0�i0 pr�yG c'� p O -+D a np it �. .nyo VT/ rySo Od6in f.•Y ��� Vn .Gmm A•� p ..t M:Y r3+,N �f"1 \V m �y t- w .� O1. tj O G Pt 4A• f� m CLufi O � .O PJ t:-'7 m m A ;+ 5mn3v5a•mn. or'nF:xam.'i d.'z, 'a�-oro 5mo •c R' ' [� O• m .V U ��: kr�. a t:�_ �' m 7 y y Y y ". P20 Qm a c.£:pp,w r� m m O O B O W m t mN Y c �t ry O"1YMSN pn,' �a m ;ate p O 0 Irl '.o3 ^m'vm,wo 0 GOamt�, mnn ✓L�+1pRO 3 , 00i3O 0- Y� . a n Po a �0' G <� off' am a 7a'a'w hyo za Qo to o� a.Ayop.sm�,mi,o- a. G Gp;aN vwi �' d CPQ Owa' o cia$ m wNm o�To.0 m LTm m b0 N n y O a0° n wn �'cm uo� 5 pbJa o gy ms p]UQ O 0 {� Q C� < .. Cy' �Oap a M. N O C �+ a N. w a y <a'mi,mpm mega r a�^m m O 'T yc�o��om3Pn 5mb mm vR - '°' L1a io G. n 3 mHSGN IJ'. yma yGS NJto m "J w ti P21 _ _ N O a O� R ^ O , ON a C Ey > Nw t E � = 7 ` " w n 'd O G' in 'Ct C a _o ^Oa mZ' R 8 a cap on a n H m E vo m a w kw 5 O 0.y O `mG a 5 .wr y z g `E.•i°'(-'�'.n EoR^EL :ER m O i6 `� m G' 5• R G '.R1 P O CXCR�.. o• o C E o< P 7 R - M F nO a 0 O O ri am M q G `G - m m �?, v R n P m '0 5• G O. a �C ] w m C. a Era% < .d �` .'� C O 7' w �. �t �a (D fD R O y; g� R m' -w � w o o p Roo 5 0.0 E �� nM 9Mz z W a o Er ? m �. 5 tz w o` v g 'm o g 5 O c 00 S 0 P A O G p N A o tz 0- it =t o tsgoE m y 5.� o $•y ii R.e E a P E m 5'U mw R,?��rdo wmHb `~°,ciA Mye�rr a�+^p7, f f 25 a a w m aa9 n D WWWW'pp� = fSo x£ C N y m O a m Y a 5 S �. _ R W i y G C 4 m 10 p V, C O O. N . 7 C. dom000 a OE -0- agp1 R'SEw amweg¢ mCL R F R m w N A �mN 7 w R P. pC,Fr '-RR�R0 �'y�H Rr'•o+mnF�F. w y o 9 .wY'. P 'd e. �F<<c cc:" 0-0 c m m yaw m rho ? G 0 o °' O m v CD CD 1 c m W 0 OA V P22 a Vero Beach 32963 / June 18, 2015 i�l1t OVCI Z(1 Cil portsupports IHP's rezoning request CONTINUED ot� an'p "Wetrynot totake sides with private property;' says Director of Commu- Sasan Rohani says the proposed OCR zoning would allow a developer "t move ahead with the approved site plan.' "Big developers pay for land'by the door,"' Paladin says. '7f II -IP can sell 499 doors instead of 350, they can get more money for the property." Despite that, Paladin says a smart de- veloper could do better with the kind of mixed use development he has in mind that combines retail, residential and some office, and allows people to eat and shop in their own neighborhood. Mixed use projects that add con n - ventece and amenities to neighbor- hoods and reduce the need to clog overcrowded roads have been the gold standard for new development for decades, but Paladin says Indian River County has lagged behind the nationwide trend. He cites Pointe West, Waterwayvil- ]age and Grand Harbor as examples of large residential developments that were supposed to include stores and restaurants that never got built, leaving residents stranded and de- pendent on their cars to get a carton of milk or plate of pasta. "That is the best corner in Indian River County for mitred use," Paladin says of the busy U.S. 1fCR 510 inter- section. "It should be a destination Point where people come to shop, if it is all residential, it just puts more trips on the road." County staff and officials were en- thusiastic about the mixed use plan Paladin was spearheading up until last fall, seeing it as a boon to the tax base and arearesidents. Buts June 2 staffre- nity Development Stan Boling. "Our positon is the existing commercial o zoning is appropriate, and itwould al- low you to build a shopping center in a good location along U.S. 1, The OCR zoning would limit the amount of commercial and offices and allow resi- dential, but it would also be appropri- ate for that area and matches up with the counry's land -use plan." "It may be appropriate, but it is not the highest and best use," says Paladin. "It would be bad for the county and it would reduce the value of the property." The rezoning request, affecting 41.95 acres of the Bristol Bay/Orchid Quay property, was slated to go before Planning and Zoning on June 11 but on June 10 Knight requested the hear- ing be postponed until August 13. '1f you seek rezoning and it gets turned down, you can't bring it back for 12 months," says Paladin, who had planned to argue against rezoning at the public meeting. "I don't think they had the votes and I think they knew W' In an email, Knight said the request was just common sense. There are seven voting members on the Commis- sion, meaning four votes are needed for approval, and only four commissioners were expected to be at the meeting. With only a quorum of four members present, Knight would have needed a unanimous vote to get the board's blessing. When summer vacations are over and seven commissioners are seat- ed, he will have a more leeway if some commissioners side with Paladin. If Planning and Zoning recommends approving the rezoning in August, the change will then have to be approved by die County Commission. ■ Shores moves A council election I BYUSAZANNER Pe srafjwaw In fix I By a close 3-2 vote, the Indian Riv- er Shores Town Council has voted to move forward with a series of steps re- quired to move council elections from March to November, beginning with the Presidential election in 2016. The change has been spearheaded by Councilman Dick Havetland, who said it would reduce the cost from S2 to 50 cents per voter, saving die town approx- imately $5,400 every two years when there is a scheduled municipal election. Town Attorney Chester Clem ex- plained what would need to be done hh a memo to Council. "If there is to be a change to have our elections coincide with the general elections held in November of even years, wewould fust pass an ordinance to place the issue on the ballot. The question would be whether the Char- ter of the'ibwn should be changed to hold our elections in November of even years at the time of the general elections," Clem wrote- "This would be placed on the ballot as a proposed charter amendment in November 2015." If approved by voters, the change would shorten all present town coun- cil terms by fon months. The terms of Mayor Brian Barefoot, Vice -Mayor Jer- ry Weick and Councilman Tom Slater would end in November, 2016, instead of March, 2017. The new qualifying Introducing the 2016 Mercedes-Maybach ` F. thi in vol VIN sail ter test be: P bie lot can Cal, sea, atm and dun at t wrot ing t they W Fells tion-' to Nt 01 err, , in the there re&i tion 93,56 P23 August 15, 2017 ITEM 78 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 19, 2017 SUBJECT: Commissioner Appointments to the Development Review and Permit Process Advisory Committee FROM: Commissioner Peter D. O'Bryan, District 4 Commission;?D Commissioner O'Bryan has selected his appointees to the Development Review and Permit Process Advisory Committee: Robert Banov—Architect Bruce Redus—Community at Large The applications for both appointees are attached to this memo. Thank you. P24 Name: Robert Banov INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Date: 07/10/17 Full Name: Robert Banov Email Address:banovarch@bellsouth.net Street Address (No R.O. Boxes): 12975 20th Street Home Phone: 772 299 6565 Work Phone: 772'299 6565 Cell Phone: 772-299-6565 How long have you been a resident of Indian River County? 28 years Are you a full or part time resident? Check one: Full Time❑✓ Part Time Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Banov Architects, P.A. & Banov Construction, LLC. Please list any licenses you presently hold: General Contractor, State of Florida/ Registered Architect, State of Florida/ Real Estate agent, State of Florida Please list any organization of which you are currently a member: Please list any other committees or boards you currently sit on: Polo Grounds Homeowners' Assoc._ Board uonunued on next page P25 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE ❑ CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ECONOMIC DEVELOPMENT COUNCIL ENTERPRISE ZONE DEVELOPMENT AGENCY ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE NEIGHBORHOOD STABILIZATION PROGRAM — CITIZEN ADVISORY TASK FORCE ❑ PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL El TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY Please.print and return the completed application, alonw g ith a current r use me to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. P26 ROBERT BANOV CONTRACTOR/ARCHITECT PRINCIPAL PROFESSIONAL STATUS STATE CERTIFIED GENERAL CONTRACTOR, FLORIDA SINCE 1985, LICENSE #CGCA24727 REGISTERED ARCHITECT SINCE 1975; REGISTERED ARCHITECT IN FLORIDA, SOUTH CAROLINA AND VIRGINIA; N.C.A.R.B. CERTIFIED LEED ACCREDITED PROFESSIONAL (U.S. GREEN BUILDING COUNCIL) LICENSED REAL ESTATE SALESMAN, STATE OF FLORIDA COMMUNITY ACTIVITIES & AFFILIATIONS BIKE WALK INDIAN RIVER COUNTY MEMBER, BIKE REHAB PROGRAM VOLUNTEER VERO CYCLING MEMBER COMMUNITY CHURCH OF VERO BEACH BUILDING COMMITTEE MEMBER/2006-PRESENT EDUCATION FOUNDATION SCEINCE FAIR JUDGE, 2013 EDUCATIONAL BACKGROUND - BACHELOR OF ARCHITECTURE CASE WESTERN RESERVE UNIVERSITY, CLEVELAND, OHIO GRADUATE STUDIES OHIO STATE UNIVERSITY PROFESSIONAL EXPERIENCE 1996 - PRESENT BANOV CONSTRUCTION, LLC FIRM SPECIALIZES IN DESIGN -BUILD SERVICES FOR LUXURY HOMES AND COMMERCIAL PROJECTS; APPROVED GENERAL CONTRACTOR IN ORCHID ISLAND GOLF & BEACH CLUB, LAUREL RESERVE AND MANY OTHER VERO BEACH COMMUNITIES 1980 -PRESENT ROBERT BANOV, ARCHITECT BANOV ARCHITECTS, P.A. ARCHITECTURAL FIRM INVOLVED IN VARIOUS BUILDING TYPES: RESTAURANTS, CUSTOM AND MULTI -FAMILY RESIDENCES, COMMERCIAL CENTERS, HISTORIC RENOVATIONS, MARINAS, RESORTS/HOTELS. 1989-1999 PRESIDENT OF BEACHLAND ENTERPRISES, INC. CONSTRUCTION AND DEVELOPMENT COMPANY INVOLVED IN BUILDING OF CUSTOM SINGLE FAMILY RESIDENCES 1994-1998 JOINT VENTURE PARTNER "BRUNSWICK EAST ASSOCIATES" DEVELOPING LUXURY OCEANFRONT SUBDIVISION ON NORTH HUTCHINSON ISLAND. 1989-1993 GENERAL PARTNER OF PALM BEACH SHORES ASSOCIATES, LTD. STUDIED THE FEASIBILITY OF A FOUR-STAR HOTEL AND LUXURY CONDOMINIUMS ON A 20 -ACRE PROPERTY ON SINGER ISLAND, FLORIDA. P27 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Name: Bruce Allan Redus Date: 05/08/17 Full Name: Bruce Allan Redus Email Address: brucearedus@gmail.com Street Address (No P.O. Boxes): 99 Springlake Drive #102 Vero Beach, Florida 32962 Home Phone: 772-492-9336 Work Phone: N/A Cell Phone: 772-559-5404 How long have you been a resident of Indian River County? 2yrs/3mos Are you a full or part time resident? Check one: Full Time ✓ Part Time Please list current employer or business. if retired, please list any business experience that may be applicable to the committee. Previous resident 1986-92; retired. Past employment as mid-level manager/director in business/community/economic development. Prior to retirement served as Community Development Director supervised three departments -Planning & Zoning/Building/Code Enforcement, Please list any licenses you presently hold: None. Please list any organization of which you are currently a member: None other than homeownership in the Vista Royale HOA. Please list any other committees or boards you currently sit on: None. Continued on next page ; P28 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE El AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE El CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD Q COMMUNITY DEVELOPMENT BLOCK GRANT a CONSTRUCTION BOARD OF ADJUSTMENT &APPEALS ECONOMIC DEVELOPMENT COUNCIL ENTERPRISE ZONE DEVELOPMENT AGENCY "ENTERPRISE ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE NEIGHBORHOOD STABILIZATION PROGRAM — CITIZEN ADVISORY TASK FORCE PLANNING & ZONING COMMISSION El El SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE Ej ECONOMIC DEVELOPMENT STRATEGY Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. Print Ute P29 Bruce A. Redus 99 Springlake Drive, Apt #102 Vero Beach; F1.32962 772492-9336 Business Develooment Industrious, dependable retired professional with excellent communication/organizational skills with proven experience in business development/project coordination seeks challenging position to match my background and experience. 1 possess the ability to promote and build lasting client relationships by responding to client needs with a focus on customer service and satisfaction. In summary, I have the ability to communicate, facilitate and negotiate to achieve positive results and a "Win -Win" for all concerned. Commuoity/Economic Development During the past 35 years, my involvementincludes community, economic and project development at the executive director and project manager level with public/public-private partnerships and private sector development requiring strong communication, coordination and organizational skills at all levels. I have developed an understanding of various business finance programs, regional cooperation and building private sector and intergovernmental relationships. This is important in facilitating new industry recruitment and existing business/industry retention and expansion. My most recent responsibilities in community development included City Administrator directed projects and supervising three departments- Planning/Zoning, Building Inspection and Code EnforcemenL Work History (Related) City of Canon City -Canon City, Colorado Fremont Economic Development Corporation -Canon City, Colorado Lake County Board of County Commissioners (Industrial Park) -Tavares, Florida Economic Development Commission of Mid -Florida -Orlando, Florida American Revenue Corporation/Guardian Development Corp. (Industrial Park) -Orlando, Florida Treasure Coast Private Industry Councii-Port SL Lucie, Florida Indian River County Chamber of CommemetCouncii of 100 -Vero Beach, Florida Hasco Development Corporation -North Palm Beach/Delmy Beach, Florida COmmnnitV Board/Committee Service (past) Action 22 Board (22 Southeast Colorado County Consortium) Workforce Investment Board (4 Colorado County Consortium) Connell Companies Community Relations Board -Canon City, Colorado Federal Bureau of Prisons Community Relations Committee, Florence, Colorado Fremont County Airport/Airport Industrial Park Advisory Committee -Fremont County, Colorado HOIcim, Inc. Community Advisory Committee -Portland, Colorado Pueblo Community College Citizens Advisory Committee -Fremont County, Colorado Campus Sangre de Cristo Resource and Conservation District Board -Pueblo, Colorado Southern Colorado Economic Development District Board (12 County Consortium) -Pueblo, Colorado Town of Sahuarita, Arizona Volunteer Assistant to the Economic Development.Manager Green Valley/Sahumrita Arizona Chamber of Commerce Economic' Development & Gov. Relation Committees Green Valley Coordinating Council -Planning & Architectural Committee -Green Valley, Arizona Metropolitan Pima Alliance Economic Development Committee -Tucson, Arizona Military Service U.S. Navy (E-5)Honorable Discharge Education Boulder High School -Boulder, Colorado (graduate) University of Central Florida -Orlando, Florida-B.A. Communications (Cum laude) University of South Florida -Tampa, Florida -Basic Economic Development Course Syllabus/Certificatioo U.S. Border Patrol (Tucson, Arizona Sector) Citizens Academy P30 INFORMATIONAL ITEMS AUGUST 15, 2017 7e' INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM To: Members of the Board of County Commissioners Date: August 9, 2017 Subject: Appointment of District 1 Appointee to the Development Review and Permit Process Advisory Committee From: Misty L. Pursel, Commissioner Assistant, District 1 Commissioner Susan Adams has appointed Ms. Robin Raiff and Ms. Debb Robinson as District 1 Appointees to the Development Review and Permit Process Advisory Committee. Attachment: Committee Applications P31 Name: Robin Raiff INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Date: 08/07/17 Full Name: Robin Raiff Email Address: Robin@robinraiff.com Street Address (No P.O. Boxes): 111 Pelican Island PI Sebastian FL 32958 Home Phone:CWork Phone: 772 571-6114 Cell Phone: 72-633-6214 How long have you been a resident of Indian River County? k1 years Are you a full or part time resident? Check one: Full TimeRl Part 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: Please list any organization of which you are currently a member: REALTORS Association of Indian River, Sebastian Chamber, Vero Chamber, Please list any other committees or boards you currently sit on: FL REALTORS Insurance Forum, FL REALTORS Communications Forum, (^ I L.uc.o.� � `�SSOLIc�lor� 3VCL�T `�M�.(�+a����oTt55�en.` Continued on next page Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE ❑ CODE ENFORCEMENT BOARD 0 COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE a ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE 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 ❑ to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. P33 08-07-'17 15:12 FROM- Laurel Agency 772-234-4107 T-072 P0001/0004 F-526 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Name: Debb Robinson — i Date: 108/07/17 Full Name: Debb Robinson Email Address: laurelreserve@gmail.com Street Address (No P.O. Boxes): 1315 Greytwig Road Vero Beach, FL 32963 Home Phone: N/A Work Phone: 772-2344106 Cell Phone: 772-713 4973 How long have you been a resident of Indian River County? 3 years ~� Are you a full or part time resident? Check one: Full TimeZ Part Time[] Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Laurel Builders, Inc. - General Contractor Laurel Homes, Inc: Land Development Laurel Agency, Inc. - Real Estate Line & Design - Interior Design Please list any licenses you presently hold: State Certified General Contractor - CGC038738 State Licensed Real Estate Salesman - SL0516132 State Certified Home Inspector- H1381 State Licensed Interior Designer - ID0002281 Please list any organization of which you are currently a member: National Association of Home Builders Florida Association of Home Builders Treasure Coast Association of Home Builders Florida Foundation for Future Scientists Please list any other committees or boards you currently sit on: Continued on next page P34 08-07-'17 15:12 FROM- Laurel Agency 772-234-4107 T-072 P0002/0004 F-526 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT Ej CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS El DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE Q ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD D MPO BICYCLE ADVISORY COMMITTEE El MPO CITIZEN ADVISORY COMMITTEE 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 County Commission office, 1801 27th Street, Vero Beach, FL. Please note: All applications are kept on file for 6 months. to the Board of or by fax at 772-770-5334. P35 08-07-'17 15:12 FROM- Laurel Agency 772-234-4107 T-072 P0003/0004 F-526 05 L August 6, 2017 Debb Robinson 315 Greytwig Road Vero Beach, Florida 32963 lEmoloverfsl Laurel Homes, Inc. (1974 - present) Laurel Builders, Inc. (1974 - present) 3800 20th Street Vero Beach, FL 32960 Professional Designations State Certified General Contractor #CGC038738 State Licensed Real Estate Salesman #SL0515132 State Certified Home Inspector - #HI3819 State Licensed Interior Designer - 41D0002281 Experience Laurel Homes, Inc. -Vice President Responsible for the procurement of land, design, permitting and construction of all subdivision improvements -1988 to present. Laurel Oaks The Laurels Laurel Pointe Laurel Springs Laurel Reserve Laurel Builders, Inc. - Vice President Responsible for construction of single family homes in Indian River and St. Lucie Counties -1979 - present. Laurel Court MCAnsh Grove Holiday Pines Laurel Reserve Laurel Builders, Inc. -Vice President Responsible for all Laurel properties state wide - 2010 - present. Laurel Agency, Inc, Real Estate Sales - state wide. Line & Design - owner Interior Design and Consulting -1978 to present Design/Consulting for communities owned by other parties (horizontal construction) Casa Bella Oak Chase Chose Grove LAUREL HOMES, INC. LAURELAGENCY, INC. LAUREL BUILDERS, WG ¢mnronmerttalLoM Octelopmem Lkemed Red Estate Broker Ge. eral[4ncvVcrq CGC#038738 3900 20YH STREET • POST OFFICE BOX 2062 - VERO BEACH, FL 31961-2062 sem7ELEPHONE: 772.2341106 PAX: 772.234-4107 Sinm 1949 EMAIL: LAURELOFnCEVS06MAILCOM WEB PAGE: WWw!aURFLAF«AVE.O2M P36 08-07-'17 15:12 FROM- Laurel Agency Debb Robinson Resume The Fountains at Amber Lakes Professional Affiliations National Association of Home Builders Florida Association of Home Builders Treasure Coast Home Builders Indian River County Board of Realtors Indian River County Chamber of Commerce Past President, Economic Development, Tourism 772-234-4107 T-072 P0004/0004 F-526 Page 2 LAUREL HOMES, INC. LAUREL AGENCT, INC. LAUREL BUILDERS, INC. frvlronmenralLand Oevefoyment Ll4MSedRe&EsraW6raw Senei ICOMWAOo CGC#038738 380020TMSTREEr -POST OFFICE BOX 2062'VERO BEACH, FL 32961.2062 SeMM TELEPHONE: 772-2344108 FAX 772.27&4107 Siege 1949 EMAIL LAVRELDFnCEVEI"MA1LCOM WEIS PAGE: 2Qjff4AVAELA4ERVe COM P37 BCC AGENDA AUGUST 15, 2017 INFORMATIONAL ITEM 70 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 9, 2017 SUBJECT: Appointment of Members to the Development Review and Permit Process Advisory Committee FROM: Tim Zorc Commissioner, District 3 On July 11, 2017, the Board of County Commissioners voted to establish the Indian River County Development Review and Permit Process Advisory Committee. I am appointing the following members to the Development Review and Permit Process Advisory Committee: James Wesley Mills — Mills, Short & Associates Richard A. Brown — Holiday Builders The applications and resumes of Mr. Mills and Mr. Brown are attached. P38 RECEIVED INDIAN RIVER COUNTY APPLICATION AUG 07 2017 FOR COMMITTEE APPOINTMENT 111110,ARD OF ('01 Nn, Name: James Wesley Mills� Date: 08/07/17 COMM)S510? Full Name: James Wesley Mills Email Address: rwmills@millsshortassocia Street Address (No P.O. Boxes): 1800 8th Street, Vero Beach FL 32962 Home Phone:CWork Phone: 7722267282 Cell Phone: 7724736323 How long have you been a resident of Indian River County? 29 years I Are you a full or part time resident? Check one: Full Time❑✓ Part Time❑ Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Mills, Short & Associates - Civil & Structural Engineers Please list any licenses you presently hold: Professional Engineer- Florida & Louisiana Certified Building Contractor - Florida General Contractor - Louisiana Please list any organization of which you are currently a member: American Society of Professional Engineers Indian River County Chamber of Commerce City of Sebastian Chamber of Commerce Young Professional Network icdse nsr dny wrier commrnees or ooaros you currentry sit on: Continued on next page P39 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE 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 ❑ Please print and return the completed application, along with a current resumej to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. Pring P40 Mills, Short P, Associates J. WESLEY MILLS, P.E., M.ASCE Principal Education • B.S., Civil Engineering, Columbia University • B.S., Physics, Jacksonville University Professional Registration • Professional Engineer: FL • Professional Engineer: LA • Certified Contractor: FL • Certified Contractor LA Professional Affiliations • American Society of Civil Engineers • Member, national and local • Louisiana Engineering Society Synopsis of Experience Mr. Mills Is one of the founding partners of Mills, Short & Associates and manages all aspects relating to civil engineering, stormwater design, utility and drainage design and permitting. After the devastation of Hurricane Katrina to the New Orleans Metro Area, Mr, Mills spent six (6) years working as an engineer helping federal, state and local municipalities rebuild the damaged and aging Infrastructure. In addition, Mr. Mills' project experience ranges from sports complexes for the Federation Internationale de Football Association (FIFA) to roadway reconstruction projects for the Louisiana State Highway Department to flood control projects for the Army Corps of Engineers. Mr. Mills is well versed in storm water design using St. Johns Water Management Districts codes as well as civil/site planning using Indian River County Land Development Ordinances. Mr. Mills' technical specialties include site layout and design, stormwater design, sanitary sewer and water distribution design and permitting for simple and complex commercial land development projects. Project History FIFA Sports Complex, St. Croix, U.S. Virgin Islands I (Federation Internationale de Football Association (8/2013- 9/2014) The FIFA Sports complex is located in St. Croix, U.S. Virgin Islands. The project includes two (2) FIFA regulation soccer fields, locker rooms. VIP rooms, pressroom, ticket booth, gift shop, medical room, 1,200 square foot office building, required parking lot, underground utility infrastructure, generator building, grandstand seating for 2,000 attendance and 24 room dormitory. My responsibilities include conceptual planning for the civil site aspects of the project, preparation of grading and paving plans, parking lot design in accordance with the Americans with Disabilities Act (ADA) standards, water distribution design, design of sanitary sewer systems and stormwater design. Xavier University Qatar Pharmacy Pavilion, New Orleans, Louisiana I (Xavier University (2007-2011) This project consisted of the design for the Xavier University Pharmacy Building. The project included a five -story, 73,600'square foot building which included classrooms, labs, faculty offices, a large auditorium, and a vivarium for testing pharmaceutical products. All building features were designed in accordance with the American with Disabilities Act (ADA) standards. My Eight Hundred Eighth Street I Vero Beach FL I P 772.226.7282 www.MilfsShortAssociates.com P41 Mills, Short 8 Associates J. WESLEY MILLS, P.E., M.ASCE Principal responsibilities for the project included civil site design, underground utility design, stormwater design and paving and grading design. During construction, my responsibilities Included regular site observations of the contractor and subcontractors. McKee Botanical Garden - Children's Garden, Vero Beach, Florida I (Private Client (Ori -Going) The McKee Children's Garden includes bridges, slides, a splash fountain and a shipwreck tree house. Artistic interpretations of monkeys, mushrooms and parrots will pay homage to those that once graced the site when it was known as McKee jungle Gardens: The self-contained area includes security cameras and stroller and American with Disabilities Act -accessible pathways. Mr. Mills was the lead Civil Engineer for the project which included preparation of site construction drawings and permitting. Oslo Road Miked Use Development, Vero Beach, Florida I (Private Client (2013 -on-going) The project site is approximately 18 acres and is zoned both heavy commercial and residential. The commercially zoned area is approximately 8 acres and includes over 55,000 square feet of commercial retail space with one, one (1) acre out parcel and one, one and half (1.5) acre out parcel. The residential portion of the site is approximately 9.S acres and includes 17, A acre lots. MSA has worked with the owner on conceptual planning, cost estimating and preparation of marketing materials. MSA has also assisted the owner in meeting with officials of the county and state government agencies to assure that the project moves forward through the approval process smoothly and permitting is obtained on a timely basis. LPV 106 Citrus Lakefront Levee Project, New Orleans, Louisiana I (US Army Corps Engineeft (2013) The LPV 106 project includes raising the flood protection of a portion of the existing levee along the Citrus Lakefront of Lake Pontchartrain in New Orleans East. The levee extends from the existing Inner Harbor Navigation Channel (IHNC) floodwall along Jourdan Road on the west end to a tie-in with the New Orleans East Lakefront levee (Paris Road to South Point, at the intersection of Hayne Boulevard and Paris Road) on the east end. The total length of LPV 106 is approximately 21,797 feet (4.1 miles), and is divided into two reaches. Reach 1, approximately 18,968 feet (3.6 miles) in length, ties into the east end of the Lakefront Airport Floodwall and Levee Reach of LPV 105.02 and extends east to the west end of the LPV 107, Lincoln Beach Floodwall and Levee Reach. Reach 2, approximately 2829 feet (0.5 feet) in length, ties into the eastern end of the LPV 107 and extends eastward where it ties into the west end of the LPV108, Paris Road to South Point Levee Reach. Mr. Mills was the Civil Project Engineer for the project which included preparation of site construction drawings included utility relocations, drainage design and permitting. Eight Hundred Eighth Street I Vero Beach FL I P 772.226.7282 www.MiIIsShortAssociates.com P42 Name: Richard A. Brown INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Date: 08/09/17 Full Name: Richard A. Brown —� Email Address: rbrown@holidaybuilders. Street Address (No P.O. Boxes): 1681 N. Tomahawk Trail, Vero Beach, FL 32963 Home Phone: 772-234-6504 Work Phone: 321-610-5914 Cell Phone: 321-288-8601 How long have you been a resident of Indian River County? 18 years Are you a full or part time resident? Check one: Full Time❑✓ Part Time❑ Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Holiday Builders, Inc. - Division President, Florida Please list any licenses you presently hold: N/A Please list any organization of which you are currently a member: Please list any other committees or boards you currently sit on: Holiday Builders, Inc. BOD, Indian Trails BOD uontinuea on next page P43 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE E CODE ENFORCEMENT BOARD E COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE ❑ MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL El TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL —COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY ❑ Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. P44 Richard A. Brown Rich Brown has been a resident of Vero Beach since 1999 and a resident of Indian Trails since 2003. Rich and Sherry Brown have 3 adult children. Captain Tyler Brown is an Air Force pilot stationed at Moody A.F. in Georgia and a graduate of the Air Force Academy. Evan Brown is a graduate of FSU in financing and marketing and a graduate of UNF with an International MBA. He is currently working at Acosta Inc. in Jacksonville as a Revenue Analyst, Bethany Brown is currently graduating as a registered nurse and plans on working in Jacksonville. Sherry Brown is a very successful Realtor with Treasure Coast Sotheby's. Rich has been in the residential home building industry for 30 years. He received his B.S. and M.S. from Eastern Illinois University. His career has included some custom home building but more production home building. He began his home building career in the Chicago area. Rich has served on several of the committees and HOA boards in the communities he has helped develop and build in Illinois and Florida. His experience and job duties include operations manager, purchasing manager, vice president for several of the national companies with which he has been associated. Rich is currently the Division President for Holiday Builders for Florida. He has been with Holiday Builders for 3 years in which he has opened up the SW Florida region, Tampa region and the Orlando region. Holiday Builders is currently building in every county on the East Coast of Florida from Flagler to St. Lucie counties. Prior to Holiday Builders, Rich was the Vice President for 16 years running the East Coast for Maronda Homes. Rich Brown duties as Division President for Florida include the following but not limited to these job scopes. Oversees the implementation of the Company's systems, policies and procedures within the region(s) assigned. 1. Responsible for residential home sales pricing/negotiations, monitoring regional activities for maximum productivity and expense control, to generate and achieve desired profit margins as established by the company. 2. Develops strategic plans and negotiate, to promote improvement and new business opportunities within and for the region(s) and the Company. 3. Manages, directs and/or appropriately delegates the processes, tasks and procedures related to the sale and construction of residential properties within the designated region(s). 4. Provides guidance and direction to the Sales Manager/Director, Project Manager, Purchasing Manager and appropriate staff to ensure conformance of all Holiday Builders standards, policies and procedures. 5. Ensure all regional personnel adhere to published and accepted procedures and guidelines. 6. Regularly conducts and/or attends meetings to maintain consistent communication, P45 assist with the resolution of problem areas and promote ideas for improvement. 7. Ensures home owner concerns are promptly and efficiently resolved; personally becoming involved when required. 8. Maintains and implements overall project planning schedules and task assignments on a weekly/monthly basis for the region(s). 9. Will travel through the region(s) area approximately 50% of the time to personally review, meet and communicate with region personnel. P46 BCC AGENDA AUGUST 159 2017 INFORMATIONAL ITEM 7:C - INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 9, 2017 SUBJECT: Appointment of Members to the Development Review and Permit Process Advisory Committee FROM: Bob Solari Commissioner, District 5 On July 11, 2017, the Board of County Commissioners voted to establish the Indian River County Development Review and Permit Process Advisory Committee. I am appointing the following members to the Development Review and Permit Process Advisory Committee: John Blum — Carter and Associates Chuck Mechling — InSite Solutions The applications and resumes of Mr. Blum and Mr. Mechling are attached. P47 Name:[Chuck Mechling INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Date: 08/06/17 Full Name: Chuck Mechling Email Address: CRMechling@gmail.com—] Street Address (No P.O. Boxes): 5215 Tradewinds Dr. Vero Beach, FI. 32963 Home Phone: 234 4496 Work Phone: 999-3494 Cell Phone: 473-0397 How long have you been a resident of Indian River County? 30+ years Are you a full or part time resident? Check one: Full Time ✓❑Part Time❑ Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Insite Solutions, Inc. 5070 N. Highway A-1 -A Suite C-1, Vero Beach, FL. 32963 1 have 30 Years in the local land development Industry. See Resume Please list any licenses you presently hold: Please list any organization of which you are currently a member: Indian River Chamber of Commerce Sebastian Chamber of Commerce Please list any other committees or boards you currently sit on: FIRCAC (Vice -Chair) o Beach Utility Commission Chamber of Commerce Board conanuec on next page P48 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD E COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONINGCOMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE El TOURIST DEVELOPMENT COUNCIL El TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD D TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY ❑ Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. P49 Chuck Mechling Vero Beach, FL 32963 (772)999-3494 CRMechling@gmaii.com 2013 — Present Insite Solutions, Inc. Director of Operations Vero Beach, FL Oversees all areas of construction/development for Harmony Reserve, a 122 acre planned development located in Indian River County. 1989-2013 Onsite Management Group, Inc. Vero Beach, FL President Formed OnSite Management Group, Inc. in 1989 and was involved with the infrastructure and development of the following barrier island and mainland developments; • Marbrisa Island Club • Ocean Colony • Mariner Village • Gracewood Lane • . Stonebridge • Cypress Lake • Arbor Trace - 2001 Industry Appreciation Award "Best Residential Single Family Project' Planned developments include: • Collier Club - 1999 Industry Appreciation Award "Best Landscaping and Residential Development' (Sebastian) • Pointe West - 2004 Industry Appreciation Award "Best Planned Community" (Vero Beach) 1986-1989 Belvedere Construction Corp. Vero Beach, FL VP Operations As VP of Operations, Chuck opened the Treasure Coast Chapter of Belvedere Construction Corp., a large infrastructure -heavy highway corporation based in West Palm Beach. During his tenure, Chuck was involved with the site and infrastructure development of several large Indian River County residential developments including: • Orchid Island • Windsor Golf and Polo Club • Ocean Pearl As well as portions of: • Grand Harbor • Indian Trails • Sea Oaks • Marbrisa 1983— 1986 Associated General Contractors West Palm Beach, FL Director of Member Services, FL East Coast Chapter Traveled the Treasure Coast working with members of this trade association; assessing needs, resolving issues, communicating on government affairs and marketing new membership. P50 Community Involvement Metropolitan Planning Organization Citizen Advisory Committee (2009 - Present) County Appointee City of Vero Beach Utilities Commission (2016 - Present) Board Member Growth Awareness Committee Founding Member Indian River County Needs Assessment Committee (2006 - 2007) Member Indian River County Space Needs Committee (2000 - 2002) Board Member Indian River County Chamber of Commerce (2004 - Present) Board of Directors (2004 - 2011 term limited) Legislative Division (2006) Facilities Task Force (2006/07) Community Leaders Participant (2007 - Present) Coalition for Attainable Homes (2006/07) Impact Fee Task Force (2007/08) Sebastian River Area Chamber of Commerce (2004 - Present) Board of Directors (appointed) Awards: • Indian River County Chamber of Commerce - 2007 Chairman's • Sebastian River Area Chamber of Commerce - 2008 Chamber Member of the Year • Sebastian River Area Chamber of Commerce - 2009 Outstanding Director of the Year P51 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Name: John Blum 771 Date: 08/03/17 Full Name: John Blum I Email Address: lohnb@carterassoc.com Street Address (No P.O. Boxes): 1708 21st Street Home Phone: 772-231-1948 Work Phone: 772-562-4191 Cell Phone: 772 473-9444 How long have you been a resident of Indian River County? 26 years Are you a full or part time resident? Check one: Full Time❑✓ Part Time❑ Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Carter Associates, Inc. Please list any licenses you presently hold: Professional Engineer Please list any organization of which you are currently a member: American Society of Civil Engineers, Florida Engineering Society Please list any other committees or boards you currently sit on: Past Professional Services Advisory Committee Continued on next page P52 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT ❑ CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE ❑ MPO CITIZEN ADVISORY COMMITTEE I 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 «P.�„lease pain° � a�td r� trr�I�the��o�mplete,�ti�lic tifin'Zfa gng�wit�h�a cu,re;.�rs�me,� to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. P53 PROFESSIONAL RECORD Mr. Blum joined Carter Associates, Inc. in March 1992 in the position of project engineer/manager and in 2008 became one of the principal owners of the firm. Mr. Blum has over twenty-nine (29) years of land development and stormwater management experience including commercial and residential site planning, roadway paving projects, stormwater basin analysis and modeling, and construction management. Mr. Blum is familiar with the regulatory processes of Southern and Central Florida and has a good working relationship with City of Vero Beach, Indian River County, St. Johns River Water Management District, Department of Environmental Protection, and Department of Transportation. WORK EXPERIENCE/QUALIFICATIONS: Mr. Blum was the project manager, in responsible charge for the paving, drainage, and utility design for the following projects: • GovernmentalQnstitutional Site Plans: SDIRC Beachland Elementary School, Indian River County Parks Maintenance Complex, Indian River Medical Center, Center for the Arts, St. Lucie County Public Defenders Building, St. Lucie County Clerk of Courts Complex, St. Lucie County Splash Park. • Commercial Site Plans: Indian River Mall (outparcels), Vero Beach Shopping Center, South Pointe Shopping Center (Publix), Harbor Point Shopping Center (Publix), Rooms -To -Go, Wendy's, Walgreens, CVS Pharmacy, Syngenta, and numerous financial institutions and places of worship. • Residential Developments: Sea Oaks, Heritage Reserve, The Laurels, Laurel Springs, Laurel Pointe, Laurel Reserve, Oak Chase, Grand Harbor Reserve, Village by the Sea, The River Preserve, Fountains at Amber Lakes, Pine Grove, Walker Woods and many others. • Roadways: 66th Avenue (Oslo Road to 4th Street), 26th Street (58th Avenue to 66th Avenue), 66th Avenue (SR 60 to 26th Street). Serving Florida Since 1911 John H. Blum Principal/Treasurer Principal Areas of Expertise: Land Development/Site Planning Commercial Residential Stormwater Management System Modeling Roadway Paving Design Environmental Permitting Construction Management Services Academic Credentials: Bachelor of Science in Civil Engineering University of Florida Registered Engineer - Florida P.E. No. 45813 Employment Record: 1992 — Present — Carter Associates, Inc. 1988 - 1992 — McQueen & Associates, Inc. Professional Affiliations: American Society of Civil Engineers Civic Activities: Indian River County Professional Services Advisory Committee (sunset) CenterState Bank Advisory Board P54 ?F_ INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: July 3, 2017 FROM: Michael Smykowski Director, Office of Management & Budget SUBJECT: UPDATE.ON ALL ABOARD FLNERO ELECTRIC EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for All Aboard Florida and Vero Electric/FMPA issues. Please see the attached documents for expenses incurred as of 7/3/17. ATTACHED: • All Aboard Fl. expenses through 7/3/17 spreadsheet. •. Vero Beach Electric/FPL/FMPA expenses through 7/3/17 spreadsheet. P55 All Aboard Florida Expenses Indian River County F:\Budget\AII Aboard FL Expenses P56 Board approved expenses of $186,921 prior to 3/24/15 autorizatlon 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 - 16/17 in addition to prior authorizations Acct#00110214-033110-15023 Legal Services Date Vendor Amount Note 7/17/2017 Bryan Cave LLP $20,729.17 Fees for Legal Services -May, 2017 private activity bonds 7/17/2017 Bryan Cave LLP $1,551.00 Fees for Legal Services- May 2017 6/13/2017 Bryan Cave LLP $823.50 Fees for Legal Services -April 2017 5/12/2017 Bryan Cave LLP $2,608.50 Fees for Legal Services -March 2017 5/12/2017 Bryan Cave LLP $77.02 Fees for Legal Service -March 2017 private activity bonds 4/10/2017 Bryan Cave LLP $3,385.90 Fees for Legal Services -Feb 2017 4/10/2017 Bryan Cave LLP $375.00 Fees for Legal Services -Feb 2017 private activity bonds 3/8/2017 Bryan Cave LLP $11,097.20 Fees for Legal Services -Jan 2017 3/8/2017 Bryan Cave LLP $14,886.78 Fees for Legal Services -Jan 2017 private activity bonds 2/20/2017 Bryan Cave LLP $342.50 Fees for Legal Services- Dec 2016 2/20/2017 Bryan Cave LLP $53,720.93 Fees for Legal Services -Dec 2016 private activity bonds 1/24/2017 Shubin & Bass PAS $4,795.00 Fees for Legal Services -Nov 2016 ' 1/17/2017 Bryan Cave LLP $534.50 Fees for Legal Services -Nov 2016 1/17/2017 Bryan Cave LLP - $15,931.78 Fees for Legal Services -Nov 2016 -private activity bonds 12/1/2016 Bryan Cave LLP $1,722.50 Fees for Legal Services -Oct 2016 12/1/2016 Bryan Cave LLP $16,457.70 Fees for Legal Services -Oct 2016 -private activity bonds 12/1/2016 Shubin & Bass PAS $9,387.20 Fees for Legal Services -Oct 2016 Subtotal Expenses FY 16/17 $158A26.38 9/30/2016 Bryan Cave LLP $5,060.15 Fees for Legal Services -Sept 2016 9/30/2016 Bryan Cave LLP $46,369.62 Fees for Legal Services -Sept 2016 -private activity bonds 9/30/2016 Bryan Cave LLP $20,358.95 Fees for Legal Services -Aug 2016 9/30/2016 Bryan Cave LLP $8,496.08 Fees for Legal Services -Aug 2016 -private activity bonds 9/30/2016 Shubin & Bass PAS $28,277.00 Fees for Legal Services -Sept 2016 9/28/2016 Shubin & Bass PAS $22,949.40 Fees for Legal Services -Aug 2016 9/28/2016 Shubin & Bass PAS $15,581.00 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $14,149.70 Fees for Legal Services -July 2016 9/14/2016 Bryan Cave LLP $3,457.13 Fees for Legal Services -July 2016- private activity bonds 8/16/2016 Bryan Cave LLP $72,430.59 Fees for Legal Services -lune 2016- private activity bonds 8/16/2016 Bryan Cave LLP $1,754.00 Fees for legal Services -lune 2016 7/27/2016 Shubin & Bass PAS $17,550.50 Fees for Legal Services -June 2016 7/19/2016 Bryan Cave LLP $3,561.50 Fees for Legal Services -May 2016 7/19/2016 Bryan Cave LLP $9,255.65 Fees for Legal Services -May 2016 -private activity bonds 6/21/2016 Shubin & Bass PAS $11,591.49 Fees for Legal Services -May 2016 6/14/2016 Bryan Cave LLP $27,804.30 Fees for Legal Services -April 2016 6/14/2016 Bryan Cave LLP $386.10 Fees for Legal Services -April 2016 -private activity bonds 5/24/2016 Shubin & Bass PAS $29,983.35 Fees for Legal Services-Apri12016 5/3/2016 Shubin & Bass PAS $21,968.25 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $19,845.75 Fees for Legal Services -March 2016 4/19/2016 Bryan Cave LLP $128,696.58 Fees for Legal Services -March 2016 -private activity bonds 4/6/2016 Bryan Cave LLP $112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds 4/6/2016 Nabors& Giblin $150.00 Fees for Legal Services -August 2015 3/30/2016 Shubin & Bass PAS $7,575.75 Fees for Legal Services -Feb 2016 3/16/2016 Bryan Cave LLP $31,795.61 Fees for Legal Service -Jan 2016 -private activity bonds 3/16/2016 Bryan Cave LLP $22,207.65 Fees for Legal Services -Jan 2016 2/9/2016 Bryan Cave LLP $16,410.09 Fees for Legal Service -Dec 2015 private activity bonds 2/9/2016 Bryan Cave LLP $6,767.90 Fees for Legal Service -Dec 2015 1/20/2016 Bryan Cave LLP $50,663.10 Fees for Legal Service -Nov 2015 private activity bonds 1/20/2016 Bryan Cave LLP $20,948.09 Fees for Legal Services Nov 2015 12/8/2015 Bryan Cave LLP $27,303.95 Fees for Legal Services Oct 2015 12/8/2015 Bryan Cave LLP $1,245.06 Fees for Legal Services -Oct 2015 private activity bonds Subtotal Expenses FY 15/16 $807,167.15 9/30/2015 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 9/30/2015 Bryan Cave LLP $7,113.36 Fees for Legal Services -Sept 2015 private activity bonds 9/30/2015 Bryan Cave LLP $81,436.99 Fees for Legal Services -Aug 2015 9/30/2015 Bryan Cave LLP $55,354.02 Fees for Legal Services -Aug 2015 private activity bonds 8/28/2015 Bryan Cave LLP $51,636.09 Fees for Legal Services -July, 2015 private activity bonds 8/28/2015 Bryan Cave LLP $6,307.05 Fees for Legal Services -July 2015 8/12/2015 Bryan Cave LLP $50,710.86 Fees for Legal Services -June 2015 private activity bonds F:\Budget\AII Aboard FL Expenses P56 All Aboard Florida Expenses Indian River County 8/12/2015 Bryan Cave LLP 7/1/2015 Bryan Cave LLP $37,687.25 Fees for Legal Services -lune 2015 $178,503.50 Fees for Legal Services -May 2015 private activity bonds F:\Budget\All Aboard FL Expenses P57 All Aboard Florida Expenses Indian River County 7/1/2015 Bryan Cave LLP $37,048.25 Fees for Legal Services -May 2015 7/2/2015 Bryan Cave LLP $177,071.70 Fees for Legal Services -April 2015 7/1/2015 Bryan Cave LLP $28,871.78 Fees for Legal Services -April 2015 private activity bonds 6/18/2015 Nabors Giblin & Nickerson PA ($250.00) Martin county paid 1/2 5/20/2015 Nabors Giblin & Nickerson PA $500.00 Fees for Legal Services 05/12/15 Bryan Cave LLP $28,877.05 Fees for Legal Services 05/12/15 Bryan Cave LLP $145,105.00 Fees for Legal Services 04/20/15 Bryan Cave LLP $4,107.50 Fees for Legal Services 3/24/15 Nabors Giblin & Nickerson PA' $617.49 IRC 1/3 Portion of Legal Fees 2/24/15 Nabors Giblin & Nickerson PA` $5,593.56 IRC 1/3 Portion of Legal Fees 12/22/14 Bryan Cave LLP $33,252.60 Fees for Legal Services 12/10/14 Bryan Cave LLP $79,962.30 Fees for Legal Services 5/11/2016 Subtotal Expenses FY 14/15 $1,064,319.15 4/19/16 9/30/14 Bryan Cave LLP $26,975.60 Fees for Legal Services 9/30/14 Bryan Cave LLP $638.70 Fees for Legal Services 9/17/14 Bryan Cave LLP - $937.50 Fees for Legal Services Subtotal Expenses FY 13/14 $28,551.80 "Split between St.Lucie, Indian River, and Martin Counties Dyland Reingold case fling 9/16/2015 Federal Express ACCt#00110214-033190-15023 Other Professional Services 4/28/2017 Martin County 50% reimbursement -$3,380.35 50% reimbursement 4/18/2017 Triad Railroad Consultants $6,760.69 Expert Witness 2/20/2017 Atkins North America,lnc. $1,607.00 Drainage Reports & calculations 1/24/2017 Triad Railroad Consulants $13,396.11 12/1/2016 VB Court Reporters $300.00 St Johns Admin Hearing 12/1/2016 Scripps $95.70 Legal Advertising Kimberely Graham Subtotal Expenses FY 16/17. $18,779.15 9/30/2016 GK Environmental $5,580.00 9/30/2016 Triad Railroad Consulants $24,758.59 Review AAF 90%& plans 9/30/2016 Atkins North America,lnc. $20,782.50 Drainage Reports & calculations 9/30/2016 Federal Express $8.18 8/5/2016 GK Environmental $2,040.00 7/12/2016 Dylan Reingold-travel to Wash DC $928.37 AAF Hearing 6/1/2016 US Legal Support Inc. $160.80 AAF Hearing Certified Transcriber 5/23/2016 Federal Express $6.10 Shipping 5/11/2016 GK Environmental $6,000.00 Prelim wetland determination 4/19/16 GK Environmental $1,875.00 Prelim wetland determination 1/26/2016 Federal Express $6.85 Shipping 1/25/2016 VB Court Reporting $417.50 IRC vs Rogoff Dyland Reingold case fling 9/16/2015 Federal Express $3.92 Shipping 8/25/2015 Railroad Consultant Group $36,053.97 Rail Safety Study 8/25/2015 Railroad Consultant Group $435.00 Rail Safety Study 7/14/2015 Federal Express $6.31 Shipping 7/2/2015 William M Sampson $6,875.00 Rail Crossing Analysis 6/16/2015 Federal Express $7.84 Shipping 6/10/2015 Dylan Reingold-travel to Wash DC $446.11 Preliminary Hearing 5/12/2015 Treasury of the United States $570.00 Public Records Subtotal Expenses FY 14/15 $44,810.15 F:\Budget\All Aboard FL Expenses P58 Acct#00110214-034020-15023 All Travel 6/28/2017 Kate Cotner -Tag Meeting $60.07 mileage to Cocoa Subtotal Expenses FY 16/17 $60.07 4/20/2016 Dylan Reingold $106.26 Hearing 4/6/2016 Aloft Hotel $109.00 MHG Tallahasse AL P -Dylan Reingold 12/16/2015 Kimberely Graham $901.76 Fed Railway Assoc. Mtg-Washington DC 12/2/2015 Kate Cotner -FAC Legislative Conference $19.44 Subtotal Expenses FY 15/16 $1,136.46 F:\Budget\All Aboard FL Expenses P58 All Aboard Florida Expenses Indian River County 9/8/2015 Doubletree Odando $271.36 Orlando -Travel -FI. Dev. Finance Corp 8/26/2015 Dylan Reingold $75.26 8/26/2015 Kate Cotner ($5.36) Orlando -Tavel -FI Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 Acct433124319-033190 Other Professional Services 7/02/15 CDM Smith Inc $23,454.00 Work Order 10 EIS 1/02/15 CDM Smith Inc $6,973.40 Work Order 13 Noise Monitoring 1/02/15 CDM Smith Inc $2,122.50 Work Order 10 EIS 11/26/14 CDM Smith Inc $5,605.00 Work Order 30 EIS 11/21/14 CDM Smith Inc $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring 9/30/14 CDM Smith Inc $8,077.00 Work Order 10 EIS 8/29/14 CDM Smith Inc $4,135.00 Work Order 10 EIS 8/08/14 CDM Smith Inc $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 16/17 $177,265.40 Total Expenses 15/16 $870,867.50 Total Expenses 14/15 $1,154,211.26 Total Expenses 13/14 $45,825.80 Total expenses processed as of 8/8/17 $2,248,169.96 Total Board authorized budget for FY 16/17 $816,015.00 Total Board authorized budget for FY 15/16 $870,868.00 Total Board authorized budget for FY 14/15 $1,154,212.00 Total Board authorized budget for FY 13/14 $45,826.00 Total budgeted 13/14-16/17 $2,886,921.00 Remaining Balance $638,751.04 F:\BudgetWll Aboard FL Expenses P59 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct#00410214-033110-15024 Legal Services 2/20/2017 9/30/2016 Berger Singerman - $1,072.50 9/21/2015 9/20/2016 Berger Singerman $632.50 Berger Singerman 8/16/2016 Berger Singerman $275.00 $7,855.00 7/19/2016 Berger Singerman $275.00 6/3/2015 6/14/2016 Berger Singerman - $605.00 Carolos Alvarez,Esq 5/24/2016 Berger Singerman $495.00 $10,582.50 5/4/2016 Berger Singerman $1,650.00 3/23/2015 2/9/2016 Berger Singerman $1,265.00 Nabors Giblin & Nickerson 1/20/2016 Berger Singerman $11,722.50 $22,882.98 12/22/2015 Berger Singerman $15,090.00 12/3/2014 12/8/2015 King Reporting & Video $457.75 Subtotal Expenses FY 14/15 11/17/2015 Berger Singerman $2,172.50 $7,821.90 9/30/2015 Berger Singerman $5,462.50 9/21/2015 Berger Singerman $25,370.00 8/18/2015 Berger Singerman $10,150.00 7/22/2015 Berger Singerman $7,855.00 7/1/2015 Berger Singerman $29,622.50 6/3/2015 Nabors Giblin & Nickerson $312.50 5/20/2015 Carolos Alvarez,Esq $1,878.10 4/20/2015 Gonzalez Saggio & Harlan $10,582.50 4/2/2015 Gonzalez Saggio & Harlan $26,713.48 3/23/2015 Gonzalez Saggio & Harlan $10,312.50 3/23/2015 Nabors Giblin & Nickerson $4,161.72 2/2/2015 Gonzalez Saggio & Harlan $22,882.98 1/16/2015 Gonzalez Saggio & Harlan $16,610.00 12/3/2014 Gonzalez Saggio & Harlan $8,824.24 Subtotal Expenses FY 14/15 9/30/2014 Gonzalez Saggio & Harlan $7,821.90 9/30/2014 Gonzalez Saggio & Harlan $30,144.31 8/15/2014 Gonzalez Saggio & Harlan - $12,292.50 7/22/2014 Gonzalez Saggio & Harlan $8,415.00 P60 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct#00410214-033110-15024 Legal Services 9/30/2014 Scripps Treasure Coast $87.36 9/10/2014 Scripps Treasure Coast $88.92 Other Prof. Services /Legal Advertising 5/27/2016 RW Wilson & Assoc $4,090.00 4/22/2016 RW Wilson &Assoc $4,090.00 4/8/2016 RW Wilson & Assoc $4,090.00 3/24/2016 RW Wilson &Assoc $4,090.00 3/24/2016 RW Wilson &Assoc - $4,090.00 2/9/2016 Federal Express $4.85 1/20/2016 RW Wilson &Assoc $4,090.00 1/8/2016 RW Wilson &Assoc $4,090.00 12/22/2015 RW Wilson &ASSOC $4,090.00 Subtotal Expenses FY 15/16 9/30/2015 RW Wilson & Assoc $4,090.00 9/11/2015 RW Wilson & Assoc $4,090.00 8/14/2015 RW Wilson & Assoc $4,090.00 7/21/2015 Kate Cotner Reimbursement $50.00 7/10/2015 RW Wilson & Assoc $4,090.00 5/26/2015 RW Wilson & Assoc $4,090.00 5/21/2015 Scripps Treasure Coast $71.76 3/4/2015 RB Oppenheim Assoc $4,625.00 2/13/2015 FMPA-copy of audio $119.13 1/16/2015 Scripps Treasure Coast $70.98 11/19/2014 Scripps Treasure Coast $63.96 9/30/2014 Scripps Treasure Coast $87.36 9/10/2014 Scripps Treasure Coast $88.92 P61 Travel 3/16/2016 Dylan Reingold-FL Senate Committee mtg $394.25 3/8/2016 Courtyard by Mariott $98.00 1/20/2016 Dylan Reingold-FMPA mtg/Tallahassee $372.39 1/6/2016 Dylan Reingold-FMPA mtg/Tallahassee $149.00 10/12/2015 Dylan Reingold-Joint Legislative mtg/Tallahassee $437.53 Subtotal Expenses FY 15/16 8/26/2015 Dylan Reingold-FMPA mtg/Tallahassee $75.26 8/26/2015 Kate Cotner-FMPA mtg/Tallahassee $36.00 P61 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct#00410214-033110-15024 Legal Services Total expenses FY 16/17 Total expenses FY 15/16 Total expenses FY 14/15 Total expenses FY 13/14 Budget Authorization 10/1/2016 FY 16/17 Budget 10/1/2015 FY 15/16 Budget 9/15/2015 Legal Services 3/18/2015 Legal Services 5/5/2014 Legal Services Total Board Authorized $880.00 $69,888.77 $206,300.11 Budget $69,789.00 $69,889.00 $35,150.00 $130,000.00 Remaining Balance $68,909.13 P62 FLORIDA I'oKEs'r SERVICE 52oo HIGHWAY 441, NORTH OKEECHOHEE DISTRICT •,. e-OKEECHOBEG, FLORIDA 34972-8697 (863) 4673220(. "k— ..,€ (863) 467.3222 FAX FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES COMMISSIONER ADAM H. PUTNAM 07/21/2017 Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Dear Commissioners, Each year as part of the Florida Forest Service authority and responsibilities to enter agreements with the counties for countywide fire protection, aii annual report to the county is submitted. This report covers the services and activities carried out in part, from the funds provided the State through the wildland acres' assessment of seven cents (.07) per acre. Attached for your review and comments is the report covering the period July 1, 2016 through June 30, 2017. The attached report specifically covers the Florida Forest Service work in your county regarding the following: - Fire Activity - Law Enforcement Activity - Burning Authorizations - Equipment Leased to Indian River County by FFS - Total Acreage under Wildland Fire Protection It is ourgoal to render the best possible wildland fire management services to the residents of Indian River County, and we look forward to rendering that assistance in the coming year. I appreciate your continued support of the Forest Service efforts and activities within Indian River County. Please contact me at your convenience should you have any questions or require any additional information. Sincerely, . /.w✓� Adam H. Putnam COMMISSIONER OF AGRICULTURE Trevor Taylor Forest Area Supervisor Florida Forest Service (772)778-5085 c Fresh 1-800-HELPFLA F16Ma. www.FreshFiomFlorida.com P63 FLORIDA Y 4�f =OREST SERVICE Indian River County 2017 ,fLOA1DA) fi��� Florida Forest Service, District 16 - Indian River County Wildland fire protection is the primary responsibility for Florida Forest Service personnel in Indian River County. The Florida Forest Service activities in Indian River County include wildfire detection and suppression, private and public landowner assistance (plowing or harrowing pre -suppression fire lines, roller chopping, prescribed burning, etc.), and conducting wildfire prevention programs. The following is a breakdown of fire management activities performed by the Florida Forest Service in Indian River County for Fiscal Year 2016/2017. The Florida Forest Service suppressed 34 wildfires in Indian River County which burned 1954.2 acres. Lightning accounted for 35.29 percent and non - authorized piles accounted for 14.71 percent of the total fire acres. A total of 678 burn authorizations were issued to customers in Indian River County. Burn types included 2,952 piles and 39,520 acres. For fiscal year 2016/2017, Indian River County was assessed $13,814.36 for fire management services on 197,348 acres. Through the year, the Florida Forest Service worked closely with Indian River County Conservation to treat several Wildland Urban Interface areas in Vero Beach and Sebastian by roller chopping, mowing, and burning on one hundred (100) plus acres as well as several private landowner properties. In addition to working with local fire departments to suppress fires, The Florida Forest Service also extended assistance through training and the leasing of fire suppression equipment. Two (2) 6X6 trucks are currently on lease to the St. Sebastian River Preserve, from the Florida Forest Service. Throughout the year FFS personnel are actively engaged in delivering fire prevention and education programs to the public on the risk of wildfire and the importance of prescribed fire. Key programs that are used include Firewise, Ready -Set -Go, and Smokey Bear. Last year the wildfire prevention message was taken to the Firefighters Fair, Frog Leg Festival, IRC public service event, Pelican Island Elementary, and other local events in the community. 2(Page P65 FLORIDA 'Florida Forest Service, District 16 - Indian River County Attachment: A (Fires by Cause) Cause I Fires I Percent i Acres ;Percent i {Campfire -.-..-- 0 0 0.0 -! 0 !Children 14 111.76 12.3 10.12. jDebris Burn* j0 '0 10.0 0, Debris Burn--Auth--Broadcast/Acreage .0 10 10.0 0 . 'Debris Burn--Auth--Piles i1-- I -- --- 2.94 t --- ;0.1 - --. -i ,0.01 (Debris Burn--Auth--Yard Trash 11 ;2.94 1.0 ;0.05 Debris Burn--Nonauth--Broadcast/Acreage :0 0 (0.0 0 -- - -- - DebHs Burn- -Nonauth--PilesT;5 ;14,71 '717.0 136.69 Debris Burn=-Nonauth--Yard Trash ;3 i8.82 149.0 :2.51 ;Equipment use* 10 .. j0 10.0 !0 !Equipment --Agriculture S 2.94 ;22.0 11.13 __.._ - -- ....- !Equipment --Logging - - i - - 0 - ?0 - -- 0.0, 10 Equipment --Recreation 11 12.94 2.0 10.10 !Equipment --Transportation 1.0 10 0.0 i0 Incendiary 13 18.82 905.0 !46.31 'Lightning i112 35.29 !212.6 - 1.10.88 !Miscellaneous --Breakout r0 i0 10.0 !0 � !Miscellaneous Electric Fence 10 10 10.0 0 ;Miscellaneous - Fireworks �0 (0 10.0 ;0 !Miscellaneous --Power Lines 0 0 ,0.0 ;0 Miscellaneous --Structure - - - - -- --.;1..- 12.94 - ;20.0 11.02 - lMiscellaneous--Other i0 0 •,'0:0 0 .Railroad 10 0 10.0 IO Smoking j0 ;0 10.0 io ;Unknown 12 15.88 123.2 41.19 Total 34 !1,954.2 31 Page a JFlorida Forest Service, District 16 - Indian River County ATTACHMENT:.B (Authorizations by type) Authorized Authorized Authorized Burn Type Fires Acres Piles Agricultural --Pasture 289 3,060 1,237 Agricultural --Range management 42 1,599 38 Agricultural --Stubble (post-harvest) 11 0 36 Agricultural --Sugarcane 0 0 0 Agriculture --Citrus 262 0 1;468 Land clearing--Non-residential--With ACI 9 0 42 Land clearing--Non-residential--Without ACI 34 0 116 Land clearing--Residential--With ACI 0 0 0 Land clearing--Residential--Without ACI 11 0 14 Silvicultural--Disease control 0 0 0 Silvicultural--Ecological 13 27,416 1 Silvicultural--Hazard removal 5 7,400 0 Silvicultural--Other 0 0 0 Silvicultural--Prior to seed 0 0 0 Silvicultural--Site preparation 0 0 0 Silvicultural--Wildlife 2 45 0 Total 678 39,520 2,952 41 Page P67 Joel Tyson, Mayor Jason Nunemaker, City Manager ail ivaLe. tlurture. t♦�V .. CERTIFIED MAIL 70o6 216o 0003 8871 0807 July 17, 2017 Mr. Joseph Flescher Board of County Commissioners Indian River County 1801 — 27'1' Street Vero Beach, FL 3296o - 3365 RE: Voluntary Annexations Dear Commissione es.,cher: Pursuant to F.S. 171.044 we are notifying you of our intent to annex 9.92 acres, more or less, known as Gerald W. Renick Property, into the City of Fellsmere. The first reading of Ordinance 2017-19, will be held during out City Council Meeting on August 3, 2017 with anticipated adoption approval on August 17, 2017. Enclosed please find a copy of Ordinance No. 2017-19, the Annexation Agreement, the display advertisement along with a location map. Should you have any questions or require any additional information please feel free to contact me. Sincerely, Jas . Nunemaker Ci anager Id CC: file DISTR13UTION LIST Commissiuners Ldministrata JR . ANnroey Communitylkv. 'S?j _ Emerg. Wore's G�nerol Services Human Resources op.'s Public works R S Recreation Uiililies Services $_ Other $f A 22 South Orange Street Fellsmere, Florida 32948-6700 Phone: 772-571-1616 Fax: 772-571-8615 RECEIVED JUL 19 2017 BOARD OF COUN7'V COMMISSION P68 WWD44-17 4.28.17 ORDINANCE No. 2017-19 AN ORDINANCE OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR VOLUNTARY ANNEXATION OF TWO PARCELS OF LAND CONSISTING OF 9.92 ACRES MORE OR LESS, LOCATED AT 13875 AND 13945 89711 STREET RESPECTIVELY, SOUTH OF DITCH 18 AND THE GAROFALO TRACT INTO THE CITY OF FELLSMERE; PROVIDING FOR RATIFICATION; PROVIDING FOR LEGAL DESCRIPTION OF THE PROPERTY ANNEXED; PROVIDING FOR REDEFINING THE BOUNDARY OF THE CITY LIMITS; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, DEPARTMENT OF STATE AND THE CHIEF ADMINISTRATIVE OFFICER OF INDIAN RIVER COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Gerald W. Renick, as Trustee of the Gerald W. Renick Revocable Trust U/f/A dated October 2 I, 2015 (the "Owner"), the Owner of the land described herein, has petitioned the City for voluntary annexation of said land and due public notice of this action has been given; and WHEREAS, the City Council has determined that the land described herein is substantially contiguous to the present boundary of the City, will not result in the creation of any enclaves and constitutes a reasonably compact addition to the incorporated territory of the City; and WHEREAS, the City Council of the City of Fellsmere, Florida, finds and determines that the annexation of said land is in the best interest of the City. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: SECTION I. RATIFICATION. The above recitals are hereby ratified, confirmed, adopted and incorporated herein as legislative findings of the City Council. SECTION 2. PROPERTY ANNEXED. The following described land being situated in the unincorporated area of Indian River County, State of Florida, is hereby annexed into the City of Fellsmere, Florida: The East %2 of Tract 1930, of unsurveyed Township 31 South, Range 37 East, as shown on the Plat of FELLSMERE FARMS COMPANY, according to the map or plat thereof, as recorded in Plat Book 2, Pages 1 and 2, of the Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida; comprising 5.0 acres more or less. Parcel ID No.: 31-37-00-00001-1930-00001.0 The West %2 of Tract 193 I, of unsurveyed Township 31 South, Range 37 East, as shown on the Plat of FELLSMERE FARMS COMPANY, according to the map or plat thereof, as recorded in Plat Book 2, Pages I and 2, of the Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida; comprising 4.92 acres more or less. Parcel ID No.: 31-37-00-00001-1931-00001.0 The annexed land is also shown on the map attached hereto, as Exhibit "A", and by this reference made a part hereof. (00058249.DOC.1J —Page/ of 3 — P69 uwo....17 <-381'1 SECTION 3. BOUNDARY OF CITY LIMITS REDEFINED On the effective date of this Ordinance, the corporate limits and boundary lines ofthe City of Fellsmere, Indian River County, Florida, shall be redefined to include therein the above described land. SECTION 4. INTERIM LAND USE AND ZONING CLASSIFICATION. The interim land use and zoning classifications for this property shall be consistent with the provisions of State law. SECTIONS. FILING. Following adoption of this Ordinance, the City Clerk is hereby directed to file a copy with the Clerk of Circuit Court, Indian River County, Florida, the Chief Administrative Officer of Indian River County, Florida and with the Department of State within seven (7) days afler adoption. Following adoption of this Ordinance, the City Clerk is hereby directed to file a revision of Article I Boundaries of the City Charter with the Department of State within thirty (30) days after adoption. The City Clerk is also hereby directed to submit within said thirty (30) days a copy of such revision to the Office of Economic and Demographic Research along with a statement specifying the population census effect and the affected land area. SECTION 6. SEVERABILITY. If any section, part of a sentence, phrase or word of this Ordinance is for any reason held to be unconstitutional, inoperative or void, such holdings shall not affect the remaining portions hereof and it shall be construed to have been the legislative intent to pass this Ordinance without such unconstitutional, invalid or inoperative part. SECTION 7. CONFLICTS. All ordinances or parts of ordinances in conflict herewith are repealed to the extent of conflict. SECTION 8. EFFECTIVE DATE. Following its adoption and recordation, including the Annexation Agreement attached hereto as Exhibit `B", signed by the Owner/Developer and any Mortgagee(s), this Ordinance shall become effective. The foregoing Ordinance was moved foradoption by Council Member Tile motion was seconded by Council Member and, upon being put to a vote, the vote was as follows: Mayor, Joel Tyson Council Member Fernando Herrera Council Member Gerald J. Piper Council Member Sara J. Savage Council Member Jessica Salgado The Mayor thereupon declared this Ordinance fully passed and adopted this day of '2017. ATTEST: Deborah C. Krages, CMC, City Clerk (00058249.DOC.1 ) - — Page 2 of 3 — CITY OF FELLSMERE, FLORIDA Joel Tyson, Mayor P70 W D4417 <.I1.17 I HEREBY CERTIFY that Notice of the public hearings on this Ordinance was published in the Press Journal, as required by State Statute, that the foregoing Ordinance was duly passed and adopted on the day of , 2017, and the first reading was held on the _ day of 2017, and that the first public hearing was held on the day of 2017, and that the second public hearing and final reading was held on the_ day of 2017. Deborah C. Krages, CMC, City Clerk (00058249.DOC.1 ) —Page q of 3 -. P71 Q P72 4-78-17 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT, entered into this day of 2017, between the CITY OF FELLSMERE, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "City") and GERALD W. RENICK, Trustee of the Gerald W. Renick Revocable Trust U/T/A dated October 21, 2015 (hereinafter referred to as "Owner/Developer'). RECITALS WHEREAS, Owner/Developer owns property (hereinafter referred to as the "Property") in Indian River County, Florida, as more particularly described in Exhibit "1" attached hereto and incorporated herein by this reference; and WHEREAS, at this time the Owner/Developer has no specific plans to develop the Property and has requested that the Indian River County Comprehensive Plan designation and zoning district classification remain in place on the Property; and WHEREAS, as a part of its plan for annexation, future comprehensive plan amendment and rezoning of the Property, the Owner/Developer and City wish to plan for compatibility with the surrounding area and assure the installation of proper public and private facilities and services; and WHEREAS, the City is authorized to regulate development of the Property. NOW, THEREFORE, for and in consideration of the premise, the annexation of the Property and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledge, the parties agree as follows: The City shall not be required or obligated in any way to pay for, construct or maintain or participate in the construction or maintenance of the improvements required by this Agreement, except for maintenance of improvements dedicated to and accepted by the City. The Owner/Developer, its grantees, successors or assigns in interest or an association and/or assigns satisfactory to the City shall be responsible for the perpetual maintenance of all t00058250.BOC.1 1 Exx®rr "B^ TO ORDRJANCE No. 2017-19 -Page 1 of 5 - P73 4-28-17 improvements not dedicated to and accepted by the City. 2. In connection with its development of the Property, Owner/Developer shall be required to install or have installed by private providers, where applicable, all private utilities (electric, cable, gas), surface water or stormwater management systems, water and wastewater facilities, that relate to the overall development to meet City specifications and determination, concurrency management requirements of the City, County or other regulatory agencies, and the City's Land Development Codes. All utilities shall be underground. 3. The Owner/Developer acknowledges responsibility to obtain all required Federal, State, County and Local permits as may be applicable to the development of the Property. The Owner/Developer shall comply with all regulations and ordinances of the City for the development of the Property. 4. In connection with the development of the Property, the Owner/Developer shall construct both on-site and off-site wastewater collection and force main system facilities per City specifications and determination. Upon request by the City, the Owner/Developer shall dedicate the utility improvements to the City. Any line sizing beyond the level required to support development of the Property shall be constructed by the Owner/Developer with provisions made to allow the Owner/Developer to recover any costs resulting from the upsizing from future developers. The Owner/Developer shall provide permanent standby emergency generators and radio telemetry units with each sewer pump station constructed by the Owner/Developer to serve the development of the Property. 5. All public or private improvements required under the terms of this Agreement or by the City's regulations/codes, shall be constructed at the expense of and by the Owner/Developer as approved by the City. 6. Owner/Developer shall contract for solid waste pick up services to serve the Property at such time it is developed. 7- The Owner/Developer owns land fronting on 89" Street and shall dedicate without compensation one-half (1/2) of land for the ultimate .right-of-way for 89u' Street as t00058250.DOC.1 l EXrnnrr "B" TO ORDINANCE No. 2017-19 —Page 1 of S — P74 4-28-17 determined by the City when requested by the City. 8. In the event of a violation of any of the provisions contained in this Agreement, the City shall have the right to refuse to issue any Building Permits or Certificates of Occupancy as the case may be for the development of the Property until such violation(s) is/are corrected. This Agreement may also be enforced by all appropriate Sections of the Code of Ordinances and the Land Development Code of the City, as they may be amended, as well as through Code Enforcement action and/or other appropriate legal action. 9. Owner/Developer, upon execution of this Agreement, shall pay to the City the cost of recording Ordinance No. 2017-19 in the Indian River County Clerk's Office. 10. This Annexation is subject to various provisions contained in Chapter 171 Florida Statutes, Municipal Annexation or Contraction. A substantial portion of the boundary of the Property is contiguous to the City. "Contiguous" is defined in Section 171.031(11) F.S. to mean "that a substantial part of a boundary of the territory sought to be annexed by a municipality is coterminous with a part of the boundary of the municipality." Should there be any legal challenge to the annexation of the Property, whether based on contiguity, enclaves, Comprehensive Plan inconsistencies, zoning or otherwise, the Owner/Developer agrees to assume all risk to Owner/Developer associated with the challenge. The Owner/Developer further agrees to indemnify and hold harmless the City from all claims, suits, judgments, attorneys' fees and costs in any way arising out of or relating to the annexation of the Property. 11. This Agreement shall be binding on and inure to the benefit of the parties hereto and their successors or assigns. This Agreement shall run with the Property and be binding upon any person, firm or other entity who may become the successor in interest directly or indirectly to the Property, and such successor shall be subject to the above referenced conditions as approved by the City Council on 2017. In the event a court of competent jurisdiction issues a final order declaring the annexation to be in violation of the law, the Owner/Developer agrees that the City will adopt an ordinance in accordance with Section 171.051 for the sole purpose of contraction of the municipal boundaries to remove the Property from the City limits, without any liability whatsoever to the City. {00058250.DOC.1) EXH931T"B" To ORDINANCE No. 2017-19 -Page 3 of 5 -- P75 4.28-17 12. The teens "dedicate", "dedication' or "convey" as used in this Agreement mean to transfer ownership to the City or other governmental body without any cost to or payment by the City or other governmental body. IN WITNESS WHEREOF, the parties hereto have caused these presents to be signed all as of the date and year first written above. ATTEST: DEBORAH C. KRAGES, CMC, CITY CLERK (SEAL) STATE OF FLORIDA COUNTY OF INDIAN RIVER CITY OF FELLSMERE, FLORIDA 22 S. Orange Street Fellsmere, Florida 32948 JOEL TYSON, MAYOR As Approved by the Council on The foregoing instrument was acknowledged before me this day of , 2017, by JOEL TYSON, Mayor of the CITY OF FELLSMERE, FLORIDA, who is personally known to me or who produced as identification. (SEAL) NOTARY PUBLIC, STATE OF FLORIDA Print Name: My Commission Expires: My Commission No.: 100058250.DOC.1 } EXHIBIT "B" TO ORDINANCE No. 2017-19 — Page 4 of — P76 Witness Print Nam fitness Print Name: N,✓ STATE OF FLORIDA COUNTY OF INDIAN RIVER Owner/Developer GERALD W. RENICK, as Trustee of the Gerald W. Renick Revocable Trust U/T/A dated October 21, 2015 ADDRESS Gerald W. Renick, Trustee 4-2& ] 7 I HEREBY CERTIFY that on this day, before me an Officer duly authorized in the State and in the County aforesaid to take acknowledgements, personally appeared Gerald W. Renick; as Trustee of the Gerald W. Renick Revocable Trust U/T/A dated October 21, 2015, personally known to me to be the person described in the foregoing instrument or who has provided �...� driver's license as identification, who executed the foregoing instrument and acknowledged before me that they executed the.same. WITNESS my hand and official seal this day of 2017. CYNDV LITTLE NOTARY PUMIC (S STArF OF FLORIDA CawOFFIDOM EXPLres 313112DIO f00058250.DOC.1 I Print Name: My Commission My Commission No.: EJQnBIT'W' To ORDINANCE No. 2017-19 - Page 5 0f5 - P77 T P78 NOTICE OF PUBLIC HEARING FOR ANNEXATION The City Council of the City of Fellsmere, Indian River County, Florida, will hold a Public Hearing on August 17, 2017 beginning at 7:00 p.m. in the City Council Chambers, 21 S. Cypress Street, Fellsmere, FL to consider the adoption of an Ordinance entitled: ORDINANCE No. 2017-19 AN ORDINANCE OF THE CITY OF FELLSMERE, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR VOLUNTARY ANNEXATION OF TWO PARCELS OF LAND CONSISTING OF 9.92 ACRES MORE OR LESS; LOCATED AT 13875 AND 13945 89TH STREET RESPECTIVELY, SOUTH OF DITCH 18 AND THE GAROFALO TRACT INTO THE CITY OF FELLSMERE; PROVIDING FOR RATIFICATION; PROVIDING FOR LEGAL DESCRIPTION OF THE PROPERTY ANNEXED; PROVIDING FOR REDEFINING THE BOUNDARY OF THE CITY LIMITS; PROVIDING FOR INTERIM LAND USE AND ZONING CLASSIFICATION; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, DEPARTMENT OF STATE AND THE CHIEF ADMINISTRATIVE OFFICER OF INDIAN RIVER COUNTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. "The area to be annexed is the West 1/3 of Tract 1931 and the East Yz of Tract 1930 of the Plat of Fellsmere Farms Company. The complete legal description by metes and bounds and the Ordinance can be obtained from the Office of the City Clerk." INSERT MAP Exhibit "A" here Copies of the proposed Ordinance and legal description by metes and bounds are available for review in the Office of the City Clerk 22 S. Orange Street, Fellsmere, FL between the hours of 8:30 a.m. and 12 noon and 1:00 P.M. to 5:00 p.m., Monday through Friday. The meeting is open to the public and the public is invited to attend and be heard with respect to the proposed Ordinance. Public Hearings may be continued from time to time. Any person who may wish to appeal any decision which may be made at this hearing will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Any person who may need special accommodations for this meeting must contact the City Clerk's Office at (772) 646-6301 at least 48 hours in advance of the meeting. Cualquiera que desea apelar cualquier decision que se puede hacer en esta reunion, necesitara tomar en cuenta que un registro al pie de la tetra de los actos se hace, que el registro incluye el testimonio y la evidencia sobre que la apelaci6n se basara. Cualquier persona que puede necesitar los alojamientos especiales para esta reuni6n debe contactar al Empleado de la Ciudad (772) 646-6301 por to menos 48 horas en avance de la reunion. CITY OF FELLSMERE by: Deborah C. Krages, CMC City Clerk PUBLISH: DISPLAY_ADLocal Section -Press Journal-(`ugyst 1n& August 8'h, 2017) WIN:\\Ph annexation -9. 91acres_Renick—Final. DOC P79 WWII 0■r Bur■ nrrm ■i 11 .■r. IN gig-ifi ���■■ n in - ■■� ■r■■ orr■■ ■■r■ n ■�■ n.■■ i■r� i■u■ on �nr■ i ��■■� ■■II■ �B■ ■111111 BEEN■ ■■■■ II 11■1■ 111111/111 ���� ■ --I WmiiiiIf 111111011 1 -1 B ■r11�r 11 �r n�■r� NN■■B► ■NDN■ ■■■■ 1111■ 1 MEN me i■■i ■rr■■ ..N.n■ NN■■ iNNN .■■ �n■■: N■■■rr■ ■■■ nnB _ Ji���� ■■�■ ■err■ 1111■ =. i ■■u.■ ► ■N■u ■NNS■ ■■u ■■■■ cj P80 A)Ijod cj P80 I III 11114 �0 71 PROCLAMATION HONORING RICHARD E. RIDGE ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF EMERGENCY SERVICES/FIRE RESCUE WHEREAS, Richard E. Ridge retired from Indian River County Fire Rescue effective August 31, 2017, and WHEREAS, Richard E. Ridge began his career on September 25, 1991, as a Firefighter with EMT certification. By August 2000, he had achieved Driver/Engineer Status with certifications in Dive Rescue, Hazardous Materials and Company Officer Leadership. Richard E. Ridge was promoted to Lieutenant on May 25, 2012, and continued serving in that capacity until his retirement, and, WHEREAS, Richard E. Ridge has served this County and the Public with distinction and sefessness. During his twenty-five years of service, his devotion to his profession, his employer, the citizens of Indian River County and his co-workers alike, was always evident, and NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board applauds Richard E. Ridge's efforts on behalf of the County, and the Board wishes to express their deepest gratitude for the dedicated service he has given to Indian River Countyfor the last twenty-five years, and BE IT FURTHER PROCLAIMED that the Board of County Commissioners and stuff extend their sincerest wishes for success in his future endeavors. Adopted this 15th day ofAugust 2017. �VCn, BOARD OF COUNTY COMMISSIONERS INDIANRIVER COUNTY, FLORIDA , FLORA ' Jo ph E. Flescher, Chairman QC � This is to certify that Achard E. Q dge is here 6y presented this Rf tirement Award for outstan ing performance and faithfifservice to Ind%an Vver County Board of County Commissioners Tor twenty five years of service On this 31st Day ofAugust 2017 9ofin i�jJ Joseph E.eFGcher for of�E g Sewices L rdof County CommWioner Chairman 7K BOND: S-858649 Public Official Bond County of Indian River Co KNOW ALL MEN BY THESE PRESENTS, that we, L Zudans of 3845 Indian River Dr East Vero Beach FL 32963 as Principal, and NGM Insurance of 4601 Touchton Rd East Ste 3400 FL 32245-6000 as Surety, are bound unto Indian River County Hospital District , in the sum of Five Thousand and 00/100 Dollars we hereby bind ourselves and each of our heirs, executors, administrators, successors and assigns, jointly and severally. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas, said official was elected ✓❑appointed Public Official Not Otherwise Classified (Name of Office) hold this office for a term beginning 5/5/2017 and ending 12/30/2018 and until his/her successor is qualified according to the Constitution and Laws of the State of Florida. NOW, THEREFORE, If the official shall faithfully perform the duties of his/her office as provided by law, this obligation is void. Signed and Sealed this 5th day of ATTEST: 68 -FL -0070-06 2017 Tracey L Zuda s (SEAL) Principal BY: NGM Insurance Company i Surety ` +� BY: Attorney= JAMES EREDISH ®NGM INSURANCE COMPANY Amm aMvwesu.mm,ar.a� POWER OF ATTORNEY S-858649 KNOW ALL MEN BY THESE PRESENTS: That NGM Insurance Company, a Florida corporation having its principal office in the City of Jacksonville, State of Florida, pursuant to Article IV, Section 2 of the By -Laws of said Company, to wit: "SECTION 2. The board of directors, the president, any vice president, secretary, or the treasurer shall have the power and authority to appoint attorneys -in -fact and to authorize them to execute on behalf of the company and affix the seal of the company thereto, bonds, rewgnizances, contracts of indemnity or writings obligatory in the nature of a bond, recognizance or conditional undertaking and to remove any such attomeys-in-fact at any time and revoke the power and authority given to them." does hereby make, constitute and appoint JAMES E REDISH its true and lawful Attorney-in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed bond number S-858649 dated May 5, 2017 on behalf of •"• Tracey L Zudans " in favor of Indian River County Hospital District - for Five Thousand and 001100 Dollars ($ 5,00o.00 ) and to bind NGM Insurance Company thereby as fully and to the same extent as if such instrument was signed by the duly authorized officers of NGM Insurance Company; this act of said Attorney is hereby ratified and confirmed. This power of attorney is signed and sealed by facsimile under and by the authority of the following' resolution adopted by the Directors of NGM Insurance Company at a meeting duly called and held on the 2nd day of December 1977. Voted: That the signature of any officer authorized by the By -Laws and the company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond, undertaking, recognizance or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the company as the original signature of such officer and the original seal of the company, to be valid and binding upon the company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, NGM Insurance Company has caused these presents to be signed by its Vice President, General Counsel and Secretary and its corporate seal to be hereto affixed this I 1 th day of January, 2016.+ ¢� NGM INSURANCE COMPANY By: n� -- Bruce R. Fox„ Vice President, General Counsel and Secretary State of Florida, County of Duval On this I 1 th day of January, 2016 before the subscriber a Notary Public of Stale of Florida in and for the County of Duval duly commissioned and qualified, came Bruce R. Fox of NGM Insurance Company, to me personally known to be the officer described herein, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me fully swom, deposed and said that he is an officer of said Company, aforesaid: that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said Corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company; that Article IV, Section 2 of the By -Laws of said Company is now in force. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal at Jacksonville, Florida this I 1 th day of January, 2016. Tdrl%d vnPNpd STATE rn IDA Carnal FF918117 Expires ttlt3rm18 1, Nancy Giordano -Ramos, Vice President of NGM Insurance Company, do hereby certify that the above and foregoing is a tme and correct copy of a Power of Attorney executed by said Company which is still in force and effect. IN WITNESS WHEREOF, Ihave hereunto set my hand and affixed the seal of said Company at Jacksonville, Florida this 26th day of May . , 2017. J�- - cti- WARNING: Any unauthorized reproduction or alteration of this document is prohibited. TO CONFIRM VALIDITY of the attached bond please call 1-603-358-1343. TO SUBMIT A CLAIM: Send all correspondence to 55 West Street, Keene, NH 03431 Attn: Bond Claim Dept. or call our Bond Claim Dept. at 1-603-358-1229. P84 FILED'7%114017 (DOCUMENT NO. 05790-2017 FPSC - COMMISSION_CLERK 1�/e. ID — • BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION f/- 0'/Y/ 7L. In re: Petition for approval of revisions to tariff DOCKET NO. 2 P0170093 -EI V151177 sheet Nos. 4.070 and 4.080, deposit ORDER NO. SC -2017 -0265 -CO -EI -requirements and customer billing, by Duke ISSUED: July 1.1, 2017 Energy Florida, LLC. CONSUMMATING ORDER BY THE COMMISSION: By Order No. 'PSC -17 -0229 -TRF -EI, issued June 15, 2017, this Commission proposed to take certain action; subject to a Petition for Formal Proceeding as provided in Rule 25-22.029, Florida Administrative Code. No response has been filed to the order„ in regard to the above mentioned docket. It is, therefore, ORDERED by the Florida Public Service Commission that Order No. PSC -17 -0229 - TRF -El has become effective and final. It is further ORDERED'that this docket.shall be closed. • By ORDER of the Florida Public Service Commission this l Ith day of July. 2017. MJ 0 CARLOTTA S. STAUFFER Commission Clerk Clerk Florida'Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850)413-6770 www.floridapsc:com Copies furnished: A copy of this document is provided to the parties of .record at the time of issuance and, if applicable,, interested persons. ORDER NO. PSC -2017 -0265 -CO -EI DOCKET NO. 20170093 -El • PAGE NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. • 0 Is • 11 FILED 7/11/2017 DOCUMENT NO. 05789-2017 FPSC - COMMISSION CLERK' BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION 11 -61V - In re: Petition for approval of revised customer DOCKET NO. -20170096-El / M. security deposit tariff sheets, by Florida Power ORDER 140. PSC -2017 -0264 -CO -EI & Light Company. ISSUED: July 11, 2017 g//,5//� CONSUMMATING ORDER BY THE COMMISSION: By'Order No. PSC -17 -0230 -TRF -EI, issued June 15, 2017,. this Commission proposed to take certain action, subject to a Petition for Formal Proceeding as provided in Rule 25-22.029, Florida Administrative Code. No response has been Fled to the order, in regard to the above mentioned docket. It is, therefore, ORDERED by the Florida Public Service Commission that Order No. PSC -17 -0230 - TRF -EI has become effective and final. It is further go ORDERED that this docket shall be closed. By ORDER of the Florida Public Service Commission this 1 I th day of Jam, 2017. CARLOTTA S. STAUFFER`�` Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable,'interested persons. ORDER NO. PSC -2017 -0264 -CO -EI DOCKET NO. 20170096 -EI • PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. • 0 FILED 7/18/2017 DOCUMENT NO. 05895-2017 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION l?_07�'j!a In re: Petition for approval of renewable DOCKET NO. 20170077 -EQ 'v energy tariff and standard offer contract, by ORDER NO. PSC -2017 -0278 -PAA -EQ 2115117 Florida Power & Light Company. ISSUED: July 18, 2017 The following Commissioners participated in the disposition of this matter: JULIE I. BROWN, Chairman ART GRAHAM RONALD A. BRISE DONALD J.POLMANN NOTICE OF PROPOSED AGENCY ACTION ORDER APPROVING RENEWABLE ENERGY TARIFF AND STANDARD OFFER CONTRACT BY THE COMMISSION: NOTICE is hereby given by the Florida Public Service Commission (Commission) that the action discussed herein is preliminary in nature and will become final unless a person whose interests are substantially affected files a petition for a formal proceeding, pursuant to Rule 25- 22.029, Florida Administrative Code (F.A.C.). CASE BACKGROUND On April 3, 2017, Florida Power & Light Company (FPL) filed a Petition for approval of its revised renewable energy tariff and standard offer contract, with accompanying Rate Schedule QS -2 ("Rate Schedule QS -2"), based on its 2017 Ten -Year Site Plan. Section 366.91(3), Florida Statutes (F.S.), requires that each investor-owned utility (IOU) continuously offers to purchase capacity and energy from renewable generating facilities and small qualifying facilities. Commission Rules 25-17.200 through 25-17.310, Florida Administrative Code (F.A.C.), implement the statute and require each IOU to file with us a revised standard offer contract based on the next avoidable fossil fueled generating unit of each technology type identified in the utility's current Ten -Year Site Plan, by April 1 of each year. We have jurisdiction pursuant to Sections 366.04 through 366.06, and 366.91, F.S. ORDER NO. PSC -2017 -0278 -PAA -EQ • DOCKET NO. 20170077 -EQ PAGE DECISION Rule 25-17.250, F.A.C., requires that FPL, an IOU, continuously make available a standard offer contract for the purchase of firm capacity and energy from renewable generating facilities (RF) and small qualifying facilities (QF) with a design capacity of 100 kilowatt (kW) or less. Pursuant to Rule 25-17.250(1) and (3), F.A.C., the standard offer contract must provide a term of at least 10 years, and the payment terms must be based on the utility's next avoidable fossil -fueled generating unit identified in its most recent Ten -Year Site Plan or, if no avoided unit is identified, its next avoidable planned purchase. FPL has identified a 1,163 megawatt (MW) natural gas-fired combined cycle (CC) as its next fossil -fueled generating unit in its 2017 Ten -Year Site Plan. The projected in-service date of this unit is June 1, 2022. FPL's revised renewable energy tariff and standard offer contract, in type -and -strike format, are included as Attachment A to this Order. Revisions include updates to the avoided unit, dates, and payment information which reflect the current economic and financial assumptions for the avoided unit costs. A RF/QF operator may elect to make no commitment as to the quantity or timing of its deliveries to FPL, and to have a committed capacity of zero (0) MW. Under such a scenario, the energy is delivered on an as -available basis and the operator receives only an energy payment. Alternatively, the RF/QF operator may elect to commit to certain minimum performance • requirements based on the identified avoided unit, such as being operational and delivering an agreed upon amount of capacity by the in-service date of the avoided unit, and thereby becomes eligible for capacity payments in addition to payments received for energy. The standard offer contract may also serve as a starting point for negotiation of contract terms by providing payment information to the RF/QF operator, in a situation where one or both parties desire particular contract terms other than those established in the standard offer. In order to promote renewable generation, we require the IOUs, such as FPL, to offer multiple options for capacity payments, including the options to receive early or levelized payments. If the RF/QF operator elects to receive capacity payments under the normal or levelized contract options, it would receive as -available energy payments only until the in- service date of the avoided unit (in this case June 1, 2022), and, thereafter, would begin to receive capacity payments in addition to the energy payments. If either the early or early levelized option is selected, then the RF/QF operator would begin to receive capacity payments earlier than the in-service date of the avoided unit. Payments made under the early capacity payment options, however, tend to be lower in the later years of the contract term because the net present value (NPV) of the total payments must remain equal for all contract payment options. The Table below estimates the annual payments for each payment option available under FPL's revised standard offer contract to a RF/QF operator with a 50 MW facility and an in- service date of June 1, 2022, and operating at a 94 percent capacity factor, which is the minimum capacity factor required under the contract to qualify for full capacity payments. Normal and levelized capacity payments begin in 2022, reflecting the projected in-service date of the avoided natural gas-fired CC unit (June 1, 2022). r� U ORDER NO. PSC -2017 -0278 -PAA -EQ • DOCKET NO. 20170077 -EQ PAGE • Table I - Estimated Annual Payments to a 50 MW Renewable Facility (94% Capacity Factor) Year Energy Payment Capacity Payment (By Type) Normal Levelized Early Early Levelized $(000) $(000) $(000) $(000) $(000) 2018 11,197 - - 2,761 3,200 2019 14,915 - - 2,816 3,200 2020 11,148 - - 2,872 3,200 2021 10,984 - - 2,929 3,200 2022 11,201 4,201 4,775 2,988 3,200 2023 11,133 4,289 4,775 3,048 3,200 2024 12,500 4,378 4,775 3,109 3,200 2025 12,420 4,470 4,775 3,171 3,200 2026 13,715 4,563 4,775 3,234 3,200 2027 14,650 4,658 4,775 3,299 3,200 2028 13,941 4,756 4,775 3,365 3,200 2029 14,672 4,855 4,775 3,432 3,200 2030 14,989 4,956 4,775 3,501 3,200 2031 14,375 5,060 4,775 3,571 3,200 2032 15,902 5,166 4,775 3,642 3,200 2033 16,620 5,274 4,775 3,715 3,200 2034 15,600 5,384 4,775 3,790 3,200 2035 16,001 5,497 4,775 3,865 3,200 2036 16,495 5,611 4,775 3,943 3,200 2037 16,657 5,729 4,775 4,022 3,200 Total 262,455 78,845 76,392 67,074 63,996 NPV 2018$ 134,640 32,443 32,443 32,443 32,443 Source: FPL's Response to Commission Staffs First Data Request' 0 , Document No. 05113.2017, dated May 31, 2017, in Docket No. 170077 -EQ. ORDER NO. PSC -2017 -0278 -PAA -EQ • DOCKET NO. 20170077 -EQ PAGE 4 Conclusion We find that the provisions of FPL's revised renewable energy tariff and standard offer contract, as filed on April 1, 2017, conform to all requirements of Rules 25-17.200 through 25- 17.310, F.A.C. FPL's revised standard offer contract provides flexibility in the arrangements for payments so that a developer of renewable generation may select the payment stream best suited to its financial needs. Therefore, we approve FPL's revised renewable energy tariff and standard offer contract and related rate schedules, as filed on April 3, 2017, and incorporated herein in Attachment A. Potential signatories should be aware that, if a timely protest is filed, FPL's standard offer contract, and related schedules, and renewable energy tariff may subsequently be revised. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that Florida Power & Light Company's revised renewable energy tariff and standard offer contract and related rate schedules, are approved as filed. It is further ORDERED that the provisions of this Order, issued as proposed agency action, shall • become final and effective upon the issuance of a Consummating Order unless an appropriate petition, in the form provided by Rule 28-106.201, Florida Administrative Code, is received by the Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on the date set forth in the "Notice of Further Proceedings" attached hereto. It is further ORDERED that potential signatories should be aware that, if a timely protest is filed, Florida Power & Light Company's standard offer contract, and related schedules, and renewable energy tariff may subsequently be revised. It is further ORDERED that in the event this Order becomes final, this docket shall be closed. Cl ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE KFC By ORDER of the Florida Public Service Commission this 18th day of Jam, 2017. l'Q;Afb kw s,(?4,t2 h CARLOTTA S. STAUFFER' Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850)413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW • The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing that is available under Section 120.57, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. The action proposed herein is preliminary in nature. Any person whose substantial interests are affected by the action proposed by this order may file a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, 2540 Shunmard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on August 8, 2017. In the absence of such a petition, this order shall become final and effective upon the issuance of a Consummating Order. Any objection or protest filed in this/these docket(s) before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. ORDER NO. PSC -2017 -0278 -PAA -EQ • DOCKET NO. 20170077 -EQ PAGE 6 ATrACM4ENTF ATTACHMENT A Complete Proposed Standard Offer Contract and Rete Schedule QS -2 in Legislative Format • • • 0 E ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE FLORIDA POWER & LIGI IT COMPANY ATTACHMENT A Eigklb\nth Revised Sheet No. 9.0.70 Cancels 9@w*IhEieh1h Slu ctNo. 9.030 STANDARD OFFER CONTRACT FOR THE PURCHASE OF CAPACITY AND EN Ell('Y FROM A RENEWABLE ENERGY FACILITY OR A QUA LIF)'ING FACILITY WITH A DESIGN CAPACITY OF 100 KW OR LESS (20242022 AVOIDED ON I'1) THIS STANDARD OFFER CONTRACT (the "Contract') is made and entered this day of _, by and between (herein nfier "Qualified Seller' or "QS") a corporation/limited liability company organized and existing under the laws of the State of and owner of a Renewable Energy Facility as defined in section 25.17.210 (1) F.A.C. or n Qualifying Facility with a design capacity of 100 KW or less as defined in section 25-17.250. and Florida Power S Light Company (hereinafter "FPL'') n corporation organized and existing under the laws of the State of Florida. The QS and FPL shall be jointly identified herein as the "Panics". This Contract contains five Appendices: Appendix A, QS -2 Standard Rnte far Purchase of Capacity and Energy; Appendix B, Pay for Perfonnmme Provisions: Appendix C. Temtination Fee: Appendix D. Detailed Project Information and Appendix E. contract options to be selected by QS. WITNF,ssE fH: WHEREAS, the QS desires to sell and deliver, and FPL desires to purchase and receive, fine capacity and energy to be generated by the QS consistent with the semis of this Contract, Section 366.91. Florida Statutes, and/or Florida Public Service Commission ("FPSC") Rules 25-17.082 through 25-17.091. F.A.C. and FPSC Rules 25-17.200 through 25.17.31(I.F.A.C. WHEREAS, the QS has signed an interconnection agreement with FPL (the "Interconnection Agmcmmnt'), or it has entered into valid and enforccnhlc intercnnncctionhmnsmission service agrccmcni(s) with the utility (or those utilities) whose transmission facilities arc necessary for delivering the fimt capacity and energy to FPL (the "Wheeling Agmcnronl(s)"); WHEREAS. the FPSC has approved the form of this Standard Offer Contract for the Purchase of Finn Capacity and Energy from a Renewable Energy Facility or a Qualifying Facility with a design capacity of 100 KW or less; and WIIEREAS, the Facility is capable of delivering firm capacity and energy to FPL for the tem. of Ilik Contract in n manner consistent with the provisions of this Contract; and WHEREAS. Section 366.91(3), Florida Statures. provides that the "prudent and reasonable costs associated with a QS energy contract shall be recovered from the ratepayers of the contracting utility. without dilrerentiating among customer classes. through the appropriate cost -recovery clause mechanism' administered by the FPSC. NOW. THEREFORE, for mutual consideration the Parties agree as follows: (Continued on Sheet No. 9.031) Issued by: S. E. Romig. Director, Rales and Tnrllrs Effective: Repta,tlie�ta,-20Jh • 0 ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE ATTACHMENT A 44A Second Revised Sheet No. 9.031 FLORIDA POWER & LIGHTCOMPANY Cancels AWgixel,First Sheet No. 9.031 ICnminucd front Sheet No. 9.030) 1. QS Facility The QS cmntemplmes, installing operating and maintaining a KVA eencrating facility located at (hereinaAcr called the "Facility"). The Facility is designed to produce a maximum of kilowatts("K\Y') of elect He povcr at an 95%legging to WX, leading power factor. The Facility's location and genennian capabilities are as described in the table beime. TECHNOLOGY AND GENERATOR CAPABILITIES Location: Specific hXul description (e.g.. antes and lmundsor other legal City: description with street address required) Cnmdy: Generator Type (induction or Synchronous) Type of Fneilily (Hydrogen produced front sources other than fossil fuels, hionme, as donned in Section 25.17.210 (2) F.A.C. , snlnr enerivrv, genthermal enerknt Bind energy, ocean energy, hydroelectric post<r, wnste heat from sulfuric acid manufacturingopera0ons: or<100KWaogenerotor) Technology Fuel Type and Source Generator Rating (KVA) Maximum Capabllity (K\\) Allnimum Lmad Peaking Capability Net Output (h'\\T Power Factor om Operating Voltage (kV) Peak Internal Load K\V The fnllmring sections (a) through le) are applicable to Renewable Eactgy Facilities ("REFi') and section (fij is only applicahlc m Qualifying Facilities with n design capacity of 100 K W or less: (a) If the QS is a REF. life QS represents tad warrants flint (i) the sole sourec(s) of fuel or poor used by the Facility to produce energy for sale to rTL during the tear of this Contract shall be such sources as are defined in and provided for pursuant to Sections 366.91(2) (a) and (b). Florida Statutes, and FPSC Rules 25-17.2100) and (2)- F.A.C: (ii) Fossil fuels shall be Iind" to the minimum quantities ncecssry fur son -up, shut -down and for operating stabilby at minimum load; and (iii) the REF is capable ofgenemting the unmunt of capacity purse at to Section 5 of this Agreement without the use of fossil facts. (b) The Parties agree and acknowledge that if the QS is a RCP, the QS %sill not charge for, and FPL shall hove nes obligation to pay for, any electrical energy produced by the Facility from a source of fuel or rover except as spwrically provided fur in paragraph 1(0) above Effective: (Continued an Slot No. 9.032) • E 0 ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE 9 FLORIDA POWER S LIGHT COMPANY (Cbmimd from shalt Nn. 9.011) ATTACHMENT A Tents IF. es'enth Resiwd Shut No. 9.032 Cancels NhtttC[li th Rmised Sheol No. 9.032 Ic) If IIx QS is.RiEr. the QS shalLam nn nnnunlAsie and mitNn tldd)'(311)dms o0r tbe annircrsvy Umcof Nis Contract and at rotational istm, thrcaf e, for the Icon of Otis ConUacl deliver In ITL it report eerilid h)' an offices of Ne QS (i) slathm IIx tic and amount of will source of NO or polar marl is the Cn m pnnhcc cnerfduring (he mice month period prior In the amlittran' dale ((hc'Canbact Yc.'r ): mW (ii) vcrilymp dint one hundred lxmom oill ) of all vcrgy still Ill Un QS m 194. home the C noon Year complies mRh Scclto. a I(a) and (b) of an., Com nt. (d) If lire QS is a RIT. the QS wrne,cirstindumm�as 11.111. Focilif mase the umrvuhlomen_h' ngnirerlarts M screm 9(,(-.91(2Ru) and (b). Florida Statins. and ITSC Rules 25.17 21MI I and (2 h. F.A C., and that the QS droll continue to musnch mptimmmod llunughoul the tcnnof this Conant. FPL droll latvc the right atoll timeslo insert We Facility .,it m esmuhte an, hunts. rmmis. or other dneuntaM1s of the QS that 1911, dams me ssan to a•N1' that the Facility mass such ngnirements (e) 'Ile Facility (i)[I.tticn c0iliN.111.v1fwntifwdo, a"quslifyitm lixilill pmmmn to Um RepuNlimn of the Fdrm loopy Regulator' Commission ('41:IIC" ), or (ii) has ham comrsel M' the FISC as a'qunlitit4 lbeilit" pursuant to Nulla 25-170A0(I). A QS Unit is a quaifyhte facility o'idt a design copocily of less data 100 SW drill maintain We 'qualifying lotus' M the FaciEM througlmtit the term of Iris Contract '1111. shall have the tight ml .11 times to iroprl Nc Facility and to ,imine any moils and ta:mds mwhr e facility document, of the thin Fill. dooms necsm cvy rsfv Inc I'acilin"s quidifcing ,mfrs (ht in hfom March 31 of each year during the tum of Nis Contract. the QS shall imvido In 1111. a ertifcme signs by an aUrtr of the QS cer ifving that the Facility hair comisomish mmmaitnd gtnlilting status Term of C.ntmd Gccfl as aWcroia pmddd renin. Ns Cnntnct shill IV,:. ,ff' the immdimch' upon iter cscculion M. the Podics plc -'liRatiye Dulc'I mud doll have the hrctniirl dale stated in ApiVndis E. mtkss usinilnl d earlier in accordance Milt Nc rynvinons henof. Nosnithannding the fnregnitm. if the Capacity Ikllnry Date (as dermal in &c(inn 5.5) of tire Faciltc is not aernmplishut he Ih QS before June 1. P24-2_0121 m such lata date as mvv be prmiued IN 1111. punvant Io Swum 5 of iris Commcl, M, will lc pemltu d m Icnniwlc this Const amsisl enl With U. Irnrs Imcin oitMvt further nhligutions, duties or habilin'to the QS. Minimum Spcair atmos pnllu, ion are thc minimum seta remions gcorm.mo N this Carrult: 'Ilc:nmdd unit (-Amidd Unit') on oltich Otis Contract is had is dcmikd in AI VuW:x A• not nfl,, stall ey,he o i Ain it h 244120L.4. 3. 'nn dole Ix xhieh Ilam c.pxiw and neap) Mi, aics from the QS to Fill. shall conuncrce is Ila in-service dmc of Uc Avoid d Unit (err nch Inver dam tri man h pemitlal Iry FPI. protons to Salim S of this'mmact) unless Ne QS oho..' n eopxity pyrnwi t union that pmvidcs I'oreark enryeih' pyro T1s pm,mmo to the nmms nfthis Cnnmuet. 4. 'IIc "rind of time ran ,.heir lilt enryeily and orf shall Ix ddivmd from the QS it, 1111. is it, ryxcifirl in ApImidis E: imcidd,.Yrch Ixn e,d sluill IV no k+c Ilan a utininntrn.from (10) yens ark, tiro irvmvicc ohne of IIc Avnidd Unit, 5. lien lullnoinp arc Ne nutriment pcdirnmacc standards On the delivery of firm capacity all cacao•' to Ux QS In gmliN Air full calwit' payments under this Common: On 1`eak' Availability 91.0% All I lours 94.0% QS l',ari nnmcc nal (m Pwklunun simll haw measurnl nmVor desctitad in 1:11.', Nim Schotuh• CA 2 mnand nrru as, Apprxlis A (Commud on Shan No. 9.02. 1) Issued bv: S. E. Romig, Director, Rates and tariffs F.ffectin: Settlenmbe.444014 0 0 ORDER NO. PSC-2017-0278—PAA—EQ DOCKET NO. 20170077—EQ PAGE 10 FLORIDA FOW ER & LIMU COMPANY (Continued from Shat No. 9.032) 3.2 QS, at no cast an FPL, shell be responsible n: Fires Re rhed Sheet No. 9.0311 Cancels Original Shat No 9.033.1 32.1 Design. wnstrwLand maintain theFacilily in acredmKe will,(his Contrecl,applicable lass, regulatory. and governmental approvals, my of warranty Wo ornents or sum7m a8mom4 )mdod industry )mance, immerse policies, and tat Intnomation Agreement or Whed'mgAgreement 3.2.2 Performell shdies. pay oil fi ;obtain all aaeaery eptaovdaand cocas dl neaaaryageecmmb(kcludiehg Ut Interconnection Apmumtortbc WhedingAgcarsnl(s)) in oleo scheduk anddd)vathe firm capacity ed enagyto FFL. 3.2.3 Obtain ad maintain all perrots,artifications, licmus, conants" approvals elegy govemnental"regulaor by Permits it is mabkto aid Emit rcduoe, smtememofubeaterad 3.2A Demonstrate o FPL'.remomble satisfaction the QS hmestabiiched Sit Control, an ageanet Inv the ounaah or leen of One Facility's site fa the Tem of the Controct. 313 Complete all mvhonmmtal impact studies and comply nith appliableeuftumemmW Is%,necessary far the com0udim, operations, endmaintamoeofthe Feality. 3.26 At FPL's requeo, provide to FPLdabical specifications and design &uwigppertaining to lbeFacility for FPL's review prior an finals gdesign ofthe Facility and before beg®agcombrmctionw"hbnsedonsuch spaificetiomaad dawings,provided FPL's aviewof shah spaifationsmddesigh shell not be conunrd as endorsing the specifedian, mid design t ensCorss mryexprans"implied wmmntia rodding performance sefety,dmsbility or reliability ofineFacility. QS shell provide to FPL reasonable advance entire ofeay changes inihe FaeOityand provide to FPL ghaJestionsegd design dmwbW ofany such changer Date, 3.3 FFL drall hoe 0t right, bar rotOt obligation. in: 3.3.1 Impact during business hoar upme reasonable notice, or obtain copies of dl Prnoiw held by QS. 3.32 Consistent with Section 32.6. WWY QS in writing oftheresdts of the reviesv within lhirty(30)deys ofFPL's receipt of dl spacGcaEans for Use Facility. including a description ofany (laws perceived by FPL in the design. 3.3.3 Ingnct the Facility's construction site oroaei a QS data and information partaking to the facility timing busvtss home upon reasonable ootia. (Cmlkued an Sbed No. 9.033) issued by: S F. Ramig, Director, Rates and Tariffs Effective: September 13, 2016 ORDER NO. PSC -2017 -0278 -PAA -EQ ATTACHMENT A • DOCKET NO. 20170077 -EQ PAGE 11 (Continued fim a Sbeal No. 9.031.1) Sale of Energy and Capedry by the QS Eighth Revised Sheet No. 9.033 4.1 Consisted w(W the terms haat, We QS dun Sell ed 6etivm In FPL and FPL Shen part= and receive Dom the QS a the Delivery Paint (dcrtmd beloN) oU of We asap• and fmn capacitygaaatd by Oe Faality. FPL deal lase Oa mkand exclusive right to purchase distal)•endmpncitypWucedbytheFmllty. The pmahme and ark ofenegy and firm capacity pursuant to this Cmhamslall be e( ) nctbiOmgasmsgamator( )simultanwm pure0ase and auto amn$emwL pmv"Imwxver, that w such arrangement shall once the QS to sen more early and firm capacity than the Facnly s net output. 'Ike billing methodology may be changed at the option of the QS, subject te the provisions afFPL Rate SdWule W2. For Purposes oflhe Conhoc4 Delivery Point shall be ddud as ciUuc(a)the point of interconnection baweco FPL's system and the transmission system of Ue fad oddly bmaoiuiog wmgy and film capacity from she Facility as the FPL system, as specificaliv described in as applicable Wheding AgremrnL or (b) the point of interconnection betrm the Facility and FPL's transmission sy " specifically described in the Interconnection Agreement, 42 The QS shall not Myon interruptible smsdby service fee Oa Startup requhemmta(initial Wotherwise) of the Polity. 4.3 The QS shall be responsible for all costs, thelia and penalties neweimd with development and opermion of the Facility 4.4 The QS shall be responsible far dl interconnection, electric lams, transmission adaeilimy service amangmnentsand ends acquired as deliver, an a fine bass, the firs, capacity andwergy frmnthe Facility she Delivery Point S. Committed CapadtNCepaelry Delivery Due 5.1 The QS commits to sell and deliver firm capacity b FPL at the Defivay Point. Onamowtofwbkb shall be deem ine5 in acenrdnrce with this Section 5 (the •CommittdCC^acity'). Subject m Section 5.3 the Committed Capacity shall be KW, delivery data an lata Ow the in-service data ofshe Avoided Unit oras otherwise specified in Appendix E (We "Guenntted Capacity Delivery Dole"). 52 Testing of the capacity of the Facility (such such test, a "Cwanhmd Capacity TBSP) shell be performed in accordance with the procedures ser foM in Section 6. The Dasonstrulam Period (defined herein) fm the fie Camtdaod Capacity Test shall commame nes anchor Urn six (6) months palm to the Capacity Delicacy Dole and testing mug be completed by 11:59 p.m on the data print to The Gummed Delivery Dat The fust Comaised Capacity Test shall be deemed successfully commldd when the QS demomtraa a,FPL's satisfaction Wet the Facilely can melee available capacity of a last oar hundred peccot (1009) of the Contained Capacity ad forth in Section 5.1. Subject b Section 6.1, Wa QS may schedule and pafoms up to Unca (3) Committed Capacity Tess, b satisfy are capacity sequirmtmb of the Contract 5.3 FPL dell base the right to require the QS, by notice an leas Um tar (10) blames days print m such proposed tat, m validate the Committed Capacity of the Facility by means of subsequent Committed Capacity Tons u follows: (a) orae pa each Summer paw am acme per each Winter paid al FPL's sale disemtion,(b) at any time the QS is unable to comply with any commit] obligation order Us Cwtrocl fm a pend of Witty (30) days armee in the aggregate as o consequence arm event ofForee Mgoma, and (c) a cry time UeQS fails in threecoaxMive months to achieve an Annual Capacity Billing Factor, as ddumd in Appendix B (Osie "ACBF" ), equal to or gmaa Uad70% Thesem0sofmysnhtestdWlbepmvadmFPL wig aseam(7)daysoftlmm tudwofmcbtat Oandeftathedateof such mquwd Comsdltd CepmityTest, sal until dsecoapletion ora mbseT mi Comndttd Capeily TesL Ue Camdttd Capait• shat bedeemdw Use lower orthe teed capacity "the Committed Capacity as at riM in Section 5.1. 5.4 Notwithstanding anything to the anatomy harem, the Committed Capacity shell wtexeeed the amount set forth in Section 5.1 withoutthe prim written comms ofFPl, such consent not macasombly withheld. 5.5 The "Capariry Delivery Dol' dell be deflued a the fuel Weraa day immediately fallowing the date of the Family's mccaalW wmpkdon of the fun Cawaltted CapmityTen bot no mrtia Oen the �t date (br deUverias of fan capacity ad enegy (ns uses is specified In Appendix E). 5.6 The QS shall be added to receive capacity payments beginning an the Capacity Delivery Dam, provided, We Capacity Delivery Date occurson or below the maervien dem of Ore Avoided Unit (at such mtadae paudmod by FPL p ream to We following scotcxxx . Ifthe Capacity Delivery Data does nes occur an or before to Gummuui Capacity Delivery Date, FPL shell be a0.ided to the Covpletion/Perfamunoe Security (am forth in Section 9) in (WL and in addition, hes the rightbanot the obligation m, aloe the QS up to an additional five (5) months to achieve the Capacity Delivery Date If the QS rals m echieve 11e CaWityDelivay Dam ch arby (a) the Guammd Delivery Dateor(b) such Wer dmaaspermittd by FPL, FPL elan ban an obligation to make my capacity pgnamts under this Cemented FPL will be permitted to lemonade Ods Cwead.eonsnms wild the have, hedq Without findurobttgaiom.dutiam liability m theQs. (Commud a Shom No. 9.034) 0 • 0 0 ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE 12 FLORIDA POWER 6 LICIT COMPANY (C1mt®aed from Shat No. 9.033) Testing Procedures ATTACHMENT A Second Revised Shen No, 9.41M Casteds First Sheet Na 9AT4 6.1 The Coannisld Capacity Test must be contplerad successfully within a shdy-hmn period (the "Demonmation Poi xrj which period, including the eppmximete den time of Ow Corns itled Capacity Test, Ghali be sdactd and schdddby the QS bymms ofa written notice in FPL delivered at lean thirty (30) days prior b the stare of such period The provisions of ere foregoing:comae shot] not apply as wry Committed Capacity Ten required by FPL mater my of the provisions of" Contract. FPL shalt have Use right to be presort onsite m another my Committed Capacity Tal required orpautitledunder this Contrast. 61 Coumonitted Capacity Ten results shall be hard an a an period of tsmty-fore, (2o canssative M>m (Ne "Commiud Capacity Test Period") st the highest srmamd era KW rating at Which the Facility carr operate without exeed'mg the design operating coditiom, tarpermme, pressures, and other panomcros de6od by 14tappliuWe mmufacmer(s) Its nerdy nam operations m the Facility. If tiro QS is a REF the Coumdtled Capacity Tat shall be conducted utilising as the sale foci emote fuels or energy semen melded in the definition in Session 366.91, Florida Statutes. The Conermaal Capacity Test Period shall continuum at Um time designated by Uc QS 6.3 For the evoidonce of douh natal station service on of unit sdiaries, including, withom limiation, oonlmg rocas, hat exchmems, ad other equipm ud required by law, "be In service during the ConatOd Copeoly Test Period Rather, the QS shell aRect deliveriaofany quantity and quagty ofecnuacled eogaasted d® to the access hod during ere Couunitted Capacity Test period 6.9 The capacity of 0e Facility shall be the average net apaetty (generator ompm minus auxiliary) memmed ova me Coomtiud Capacity Test Palo& 63 The Committed Capacity Tem shell be perfumed amodmg to pinta] Industry uxiq procedures mtisfacmry to FPL for the appeopniatekshanimofIlsem 6.6 Except as otherwise, provided herein, results army Committed Capacity Ten shag besubmitsed to FPL by me QS Wain sera (7)days ofthe conclusion ofine Committed Capacity Tet Payment for Electricity Produced by the Facility a=- FFL ogre, to pay the QS In, energy produced by the Facility and delivered to me Delivery point in ocoordonce with ft Wool, and procedures contained in FPL's approved Rme Schedule QS -2, attached hemm an Appendix A. a it may be =ended from time to 1®e and prvanmn to The election of energy payment options a specified in Appendix E. The Parties ager dot Ws Construct shell be mWw to, all of due provisions contained inRate Schedule Q&2 as approved and an file with the FPSC. 71 FimrCapeciry FPL ngne, to pay Use QS for Um form capacity descn'bed in Section 5 in ammdmae with the cot, oat procedures contained in Rate Schedule QS2, atachod herolo a Appendix A, as it may be amended and approved fmm time to tion by the FPSC, and pursuant to to election are equity paymem option a specified in Appendix E. The QS understand, and agrees that capacity payments will be mode under the early rapacity pa)matoptions only if the QS has achimd the Capacity Delivery Date ad IsdelivaNg Rim capacity and coetgy, to FPL Ore elected by the QS. Ute capacity pnym,t option nnnotbechanged timing the term ofmisConuec. 7.3 Payments Poymnhts due the QS will be rade monthly and annually by the twentieth bushh,sday following the ed of aro biking period. A stomnaloftbe kilowatt-hour; mid by the QS and the applicable avoided cagy note at which payments are, being node shag aaamparry she prymat to me QS. . (Coahme donShatNo. 9.035) Imed by: S. S. Romig, Director, Rain and Tariffs Elective•. September 13, 2016 ORDER NO. PSC -2017 -0278 -PAA -EQ • DOCKET NO. 20170077 -EQ PAGE 13 0 0 ATTACHMENT A Second Revised Shea No, 9.035 FLORIDA POWER & LIGHT COMPANY Cancels First Sheet No. 9.035 (Conducted from Short No. 9.034) 8. Electricity Production and Flaw Malntrmrse Sdxduk 8.1 During the rotor of this Contract, an lata thun sio y (60) days prior to the Capacity Delivery Date and prim to April I crunch celmda yourthermBa, the QS doll submit to FPL in writing a dan0d plan or: (e)thce untoffamczpadyaadeuWWbegmeated by the Facility and delivered m the Delivery Point for each month aft following calendar year. and (b) the time, duration and magoimdeof any. sdm&ded maintenenun peaid(s) ad any =bdpated rduWom in ap mty. 8.2 By October 31 crunch calendar your, FPL shell notify the QS in writing whetber theraquestd scheduled maintenance plods in the ddmldplan aeaaepleble. IfFPLobjwa loayof therequested scheduled maintenance period; FPL dull advise the QS Mme time period dor<4 in the requested period(s) when the outage(s) an be scheduled. The Q$ shall schedule maintenance outage only during periods approved by FPL, such approval not mmeasomby withheld Owe the schedule for maintenance has been established and approved by FFL, either Puny may requcl a subsequmht change in such sahcdtdc and. asapt xbon such Ment is due to Fora Majcoa, rtqucc approval for such change from the oUrcr Pasty, each approval nen to be rnmesonaby, m0deld or delayed Sdnduled maintenance outage days shag he [united to seven (7) days pa =tench year orders doe manufactures rcommi dation of maintenance outage dans run 1M technology and egaipmeal used by the Facility eccteds arch 7 day period, provided. such number of days Is considered reasonable by prudent industry constants wad don net esxad two (2) founam (14) day mtervots, ane in the Spring and ora in the Fall in any calendar year The scheduled m unmare omegedata applicable for Um QS ase_ days in the Spring ad_doys in the Fail ofeachaleda your, provided the conditions specified in the previous mdma are salaried In no event shag nubrtduuun periods be scheduled dome; The folkwhsg peridc June 1 through and including October 31at and Decanter I through and including February 28 (m 20 as the ase may bel 8.3 The QS shall amply with reasonable requests by FPL regarding day -s,4* and hourby-hour communication be nvea the Parties relative to electricity production and marmana vschrdulag. 8A Dispatch and Control 8.4.1 The punter supplied by to QS hereosder :ball be in Ute farm M duc*phae 60 Hertz "emad, eorenl a a nominal operating voltage of ,000 sells (_ kV) and poorer factor diryachable and controllable in the range of 85%logging b 85% leading eamawued at the Delivery Point to maintain system operating paemam, as specified by FPL. 8.43 Ata0 dam during the roan of Ods Contend, the QS shall operant and maintain the Facility: (e)in sachem®aaaensme coohplimce xith is oNigakm hereuoda, hn aecordence with prdentenginaring and opeeting pmetice, and applicable law, and (b) with all rystem prolective equipmal in service whenever dx Facility is conceded to, or is opeald in pamlki with, FTL's $ star The QS shall install at to Facility dose syean prosection and conal devices accessary or come safe and protected operaioo ofall energized aphipmea during rromal tesdrg and repair. The QS shall have qualified personnel last ad alibrate all prdatirt equipment at re8alar intervab in ocoda oc with good erhgmeekg and operatig prati= A unit functional trip lea shall be performed after each overhaul of Um Facility's turbine, gaseraor or hailers and the results shall be provided W FPL prior to returning the Facility to service. The specifics of the unit functional trip let will be consistent with good ungluing and operating pmcticev. 8A.3 If the Facility is separated from the FPL sysumn for rosy ramn, Duda an ciaumsmnots shoE the Q$ raroaxct the Facility into FPL'a system vitow faaobtahsmg FPL'sprior writlra approval. 8.4.4 During to tam of lits Conrad, the QS doll employ qualified persoaxl for umogirg, operating and maintaining the facility and for coordinating suds with FPL If she Facility lam a Commdud Capacity grader dun 10 MW Ihm, tie QS shag ensure tmt operating permmel are on duty at all time, nveny-four (24) hours a calendar day and sever, (7) calender days a wvek. Ifthe Facility has a Committed Capacity equal to or less than 10 MW than the QS shall emoe that operating pessound are on duty at led eight (8)how per day from 8 AM IST to 5 PM ISI' from Monday to Friday. xith an operator an call mall otherhoura 8.45 FPL shall at all tires he excused from it, obligation to purchase and rceive energy, and capacity heramder, and FPL shall have the ability to require the QS to council or reduce deliveries oraegy, to the totem rxcessery (a) to maintain Me reliability and integrity army pmt ofFPL's ryster, (b) in the event that FPL dMmirm Data father to do an is Moll, to endengerlife or properly, or (c) is to smelt in signiUaat disruption ofelaw is service to FPL'sautar a , FPL shall give the QS Prior maim ifpmetable,ofitsintem an ¢fuse, catall or reduce, FPL's acceptance ofinergy and fun capacity pursuent in this Section and soli act to minimize lire firupe ncy ad duration ofmch auwrenaa (Continued on Shod No. 9.036) famed by: S E. Romig, Director, Rates and Tariffs Effective. September 13,2016 ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE 14 ewtswn avwca s utas wmraus: (Cnimued from Sheet No. 9.035) ATTACHMENT A Second Revised Sheet No. 9.036 9*6 At providing mike m Ore QS, FPL shall not be required to purchase or raise energy, fiam aha QS during ay period in which, due to operational cirmmvanm, the purchase or accept of such energy =old result in FPL's lamming costs greater than thou which it aurid inar Wit did rt make such purl amt At example of curb n aaumma<woud be a period during which Oa lard being served is such Wert the generating units on line are base load Mits opemtbmg at Weir mmhmon continuum matings aha the purchase of additional energy "old require taking a base load wit oROa line and replacing the ramoWng load saved by that unit with pealing-ypc gemsstk n. FPL shag give the QS as much prior rake as practicable of its mtml not to purchase W receive energy and firm Capacity pursuant to this Section. 8A.7lfthe Facility has a Canntitted Capacity Ice, Um 75 MW, mutual, scheduling and dkpntch of famcapaciy aha energy shall be Ove roponsibility of the QS. If the Facility has a Commcted Capacity Healer then or equal m 75 MW. than contioL scheduling and dispatch of fort, capciy and energy shall be the responsibility of the QS, except during a "Dispatch Hour", Le., my dodo boor for which FPL requests the delivery of such capacity and energy. During ary Dispatch How (a) mnwl of the Facility w01 either be by Seller's mnnud coawl and= the direction of FPL (wLdherom0y or in writing)or by Antarctic Generation Control by FPL -s system control ants as dammhrcd by FPL, and (b) FPL may request that the real pores mtW be M any levd up to the Conuoitted Capacity of the Facility, provided, in no event shall FPL require the real power output of the Facility to he below the F&;Biy'sMmimvm Lood without decoowit ing the Facility. The Facility dao deliver the capacity and cagy requested by FPL within _ minutes, tel ft into aaoant the opeetiog tinintiora ofthe gm"ffig apipmmt n spailiedby themmmfactmer. provided rah tbm paid rgeciGei baeht iscornvdereda®mble by prudent indumy standards for the technology and equipment being utilized and amaning rive Facility is operating at or above its Minas Load Stmt -up Wr fiom Cold Shutdown and Facility Tura uod time Goa Hot to Hot will be hien into mm(deaiw provided such are rmsenbleand consincol with prudent industry practices for the technology and equipment being utilized The Factity's Operating Characteristics have been provided by We QS and aur safort in Appendix D. Section IV ofRMe Schedule QS•2- &4S If the Facility has a Coanitted Capacity of less Wen 75 MW. FPL may require during certain periods, by and. wvitim, or decbontc rtiGation that the QS came the Facility m red= output to a level below, the Co®sed Capacity but not lower Wen the Facility's Minims Lod. FPL shall provide as much notice as pmacticabk, rmaaly such Mike will be of M head fear (4) hours. The frequency of such request ahall net exceed eighteen (19) times per calends, year and the duration ofeach request shag awl aaad faro (4) homy 9.4.9 FPL's amelse of in rights under Wds Section 9 stall not give ripe to any liability copayment obligation on the part of FPL, melding any claim for branch ofsonhaaor forbrech armycovmnl of god Nth and fairdeaft 9. CompkdeNpeaormareSearity 9.1 As security for the achievement of the Guaranteed Capacity Delivery Date ad satisfactory performawe of its obligation hereunder, the QS shall provide FPL either. (a) an unconditioned, irrevocable, davulby later of aatigs) with an aspiration data an earlier Wen the cad of the fust (In) mmiversary, of the Capacity Delivery Data (or the rind businen day therw0erk issued by o US. commercial bade or the U.S. branch are foreign bank having a Credit Rating ofA-or higher by SRP aA3 or higher by MWdy's(a "Quelled Ismer"), in form and substance acceptable to FPL (including provision (i) permitting partial and fall draws and iii) permitting FFL to draw m full df such lata of credit is not renewed w replaced as Minird by the kmuhereafal kat Wiry (30) budaess days prior to it, expiration dale) ("Letter of CmeWA (b) a bad, issued by a financially and Company acceptable m FPL ad in a far and absence saepnble n FPL• ("Rad"), or (c) a cash collateral deposited with FT'L ('Cash Collateral') (my of (a). (b), or (ck the'CompledodPcfommmco Security") Compledon/Peefamnnce Security shall be provided in the amount and by the datelined below. (a) 550.00 per kW (for five nswberof kW of Committed Capacity mat forth in Section 5.1) to be delivered n FPL within five (5) taninesssdays ofthe Effective Data; and (b)SIOO.00 per kW (for the nasherofkW ofCommfOed Capacity set forth in Section 5.1) m be delivered as FPL two years before the Guermtecd Cepeciy Delivery Date. 'Credit Ratite• man withinput w arty entity, m mydateofdaammation.Oa respmdn ratbW Orn assignedm rah cnGys uaucured, senior long -tem debt or deposit obligations (Mt supported by third party credit abate aaq by SRP. Moodys m other specified wing agency a agencies or if curh entity does not hese a rating for its unsecured, senior long -tat debt "deposit obligd ksm, than the rating assigned to such entity, as its *componaeaedit mting' by SRP. -M22&Y mens MoodyifasenmaSecvicq toe. or itssueaesmt. 'Wr mans Standard R Profs Ratings Group(a division of The MoQmvv HRl Companies, Inc.)or it, successor. (Comb rand on Sion Ho. 9. W 7) Ismd by: & L Romig, Director, Rates and Tariffs Effective: September 13, 2016 • • • is ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE 15 FLORIDA POWER S LIGHTCOMPANY ATTACHMENT A Sove nhF.iehlll Rcelsed Sheet Nn. 9.037 Cancels SlstbSeocnth Rerised Sheet No. 9A37 (Continued fmm Sheet No 90.1o) 9.2 11 a specific ocurio, instrenlcm pm idd for pugs of this Contract ire 17 LeOcr of Crodil, I) Ikind, O Cash CmIw rel, 9.3 19'1...1.11 liaye dm fight nn monitor(a)the fximel eoxlition'ly the..aver oft Lane a awn in due event nnc Letterof Crake is prioided b, Ne QS. end (b) %he metmer. in thermic of any Bond. In the cleat the i,,sxr of o Letter of Credit oo Iosg r qualifx<ns Qualified Issuer ar the is.. al'a flood is in, longer fimu eiallc round. FI'h nese mpiim the CJS Io replace the Letter ofCleda ser the Bond, us applicrtde-tiers, miam arom Lelta orcon it or I.nd must lie iswoll M u Ot.litiW luueror a I'mmmialic sowed issuers. as appliuible. nidlin len (10) omens day I"olmoine omncn antillention to the QS of the requirement In "place Failnrc br the OS de comply with the reyuinmxnt, of this Section 9.3 .111.11 In emends for Hill to drnor in lull on the c5isting Letter of Crdit or bond mid to cumis a amother remedies it marc I.yc here".. 9.4 Num ithstmling the foregoing limits otis of this lection 9. pumamn to ITSC Rule 25-0.091(41. FA,C,. a QS quaifying min `Solid Wnme Facility" pursuant 1.!5 ctiml 377.709(:) rr (5). F.S„ reslxrlisel)'.1.:q riseun u,xcur d ...filen commitment or promise to pay in a Neer xle natill ne'eptride to Fill.. Iw tin local government tbich rose the Fneilily at on "'hose lnhalf tlic OS apmlev Nc Fmilit. to secure its obligation to ncWoc an a tund-v Msm the Capacity Iklivex Dale and the ion sfmlon• pafinoun, of its nhligntionshmmalm. %% FTL skill In entitled to drew the Compinimn4'[de,nmxe Secwih In sums(, mm obhFrdion or linlilily of QS raising pursuant to this Coneaa. 25, I If ret the QS (nils to mhieo'c (be Cmnacitp Iklisun' Dme an ar Infox the un-wr icc date of the AwWd Unit or such Inver dile as pcunind tri' FI'1. ptasam to Section S0, ITI. shall he enlisted imundetek torncice, drew elxo.or remise, r ill, roc nnc Ix,one-1 ndrd(101pU)of the ConplelinN Perflumice Sreurily ns ligmdnld dnim noes fox fame 1.n' dam err rich ul rot)' nature odmtoc.'a of the QS, induJinu am' Whits,' or rich of idemrinn by the QS. the 1'lathN aekttn"Idgc that the injury Nal FIT gill collie as u result.1 ddayol aouilabiliy' of Con,nitted C'alemit and enagc is ddl'xnll m ascemin out that FPL mm' accept such sums ns liquidand deane and resin in ray other ramdies ohich mm lie mnfirible'lo it under Inc or in egoih•. 9.5 i In the ecenl Thal I'll ....puns the QS . ferhmn one or main Communal (:"(ricin' "Teles) in any turn on or Wfiw the 0m annivmsnn' of dx Capacity Deliver' Dan farewell in Section 5.3 and. in correction with it, such Committed Copaity'rcst(sh the QS thits In deem eowe a Cnpncity "I'm lews mm -hundred fervent (1110%) if the Cononienl C'arxily i forth in ,4ctirn 5.1. F1';. stall he endlkd immdiatel, m revewc. draw oris, ar retain. as the caw mrn• Iwo one-hmihd flacon (IWs) of the Co ipletiovi'mirmlimice tiamd, as IiquiJuled dmwges free fmm any claim o right of oro' index whatnnrer of IM QS, including my equal. or right at redemPlion 1w the QS. 21_`QS shall promptly, big in no event mom, than lige (s) Maines dn)s hdhreung m,'rimes nn iM C'mnpldiaM'ednmamac Saurity. rplenlsh the Cnmpinianq'erfamann Security to the neem els required herein. 9.0 The QS, ns thePl dganrofdm Cmnpimim✓perfomance Stturire.l.xh,pledges to 1:11-asdm seared fray. m'searil' fm Ilio uchiewrnxnt of the Capucilp Ikli. Dun rod calismeten' pati numxe of its ohligaN'ns herermdn. and grants du Hill n Orn prion., cominuine aeoity tamest ia. lien on and right of sela0'mnmsl ;ill Cnmpletwo,"fnnnncc Saoity mmcfard In or raveyd he FPI. hoemda. Ul, o Ne transfer in return Is 19.1. dm rix QS of CompletioJlldor.me Security, the security interest mad lien gmmed hereunder on that C'onlrldiowI'c&, mrKc Secedty will M xlem l inuin mady mid. N me emelt rrs4ble. "ithout my larder intim, thy eider Nr'. (Commend ria Sheet No.'9,03S) Issued be: S. E. Romig, Diredar. Rates and Tariffs Effective:' Septembep-k r2lek, 0 ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE 16 FLORIDA POWER J, WGA[ COMPANY (Cautioned [men Sheet No. 9.037) ATTACHMENT A Flit Revised Sheet No.9A38 Cincotta Original Slasd No, 9.838 9.7 In lien of my interest, dividends or other cmomes paid ordemed to have been paid with respect m Cash Calleteral hell by FPL (ail of which my be retained by FPL), FPL will transferor the QS on a monthly basis the InterstAmowl, as calculated by FPL "WcrestAhmna" a=% with respect to each monthly period, the legate stun of the onawtaofmtertAwleuMe l fmmch day in Dot monWy period on the principal moontofCash CoOnleral held by FPL on that day. derermimd by FPL (breach suehday es folimm (x)the ammtof [had Cath Colmaaal on thmday, multiplied by (y) the InteretRac in effor father day, divided by (x)360. "InteredRale" roma the Fdeal Funds Ovenught rate as from time actions: ineiRct. "Federal Funds Overnight Rare" mems, for the relevant determination date, the rate opposite the caption "Fdem] Fords (Elfatim)" as set forth for that day in the wocidy datidiast release designated as RIS (519), or my auumor publication, published by the Dowd otoovama cram Federal Reeve Syum. Ifni due delemmetim dale such rate ism yet published in H.15 (519), the ram fm that data will be the are, at in Composite 3:30 P.M Quotations fm US. Goverment Seuaitia for that day muter the raption'Tdaal FurdslElfecOve Rate" If m the determination dam such one is not yin published in eitherH15 (519) or Composite 3:30 P.M. Qaotatims for U.S. Goverment Secmitim the one for Net data will be determined as if Oe Parties had specified "USD•Fcdcfd Faa&Rclumse efksmra' asMeapplicabk Me 10. Terasmetiaa Fee 10.1 In the event that the QS receives capacity payments pumant m Option B. Option C, Option D or Option E (m such e defend in Appedix A and ducted by the QS in Appcn& E) or mbeives anergy psymmm p ms nl to the Ford Firm Energy )ptiml (a such option is defined in Appendix A ad elided by the QS in Appendix E)then, Upon the tmnimtion ofthis Contract, all owe and be liable to FPL for a termination fee ekulatd in accordance with Appendix C (the 'Tem radon Fee") The t35'a m pay the Termim ion Fee atoll revive the combustion of this Contract. FPL dreg provide Om QS, on e momidy bade, e 10.1.1 The Terdnatioo Fee dirndl be saved (with Oo exception ofgover®mlel mtid waste fecuitia covered by FPSC Rule 25.17.091 in which case the QS may use an mseetaed written conammsemor promise to pay, in a knoreasonably acceptable to FPL, by the local a mmuce n which mwu tie FrcOic, or on wMse behalf the OS emote the FwaiN. to aurae its oblimtiba to my 0¢ Termination ofaedit Is ml renewed or replaced a )eau Odra (30) business days prior m its atplration date, fTemainaWn Fee Later of Cmdd"y, (b) o bond, issued by a financially soled Company and in a them and substance acceptable to FPL, ('Tarnmstion Fee Bond"), m (c) a cash coOeteel deposit with FPL ('Temination Fee Cash CaOataal7 (my of (a ),(b), or(cl t e'Temindion Security") 10.13 The specific mourily instrument selected by the QS fm purposes of this Contract is ( )Temirmtion Fa LmerofCredil ( )Termmatim Fee Bond ( )Termination Fa Cash Co0otad 10.13 FPL shall haft the right in monitor am I'mociel condition of () the issuer of a Tcmdmtion Fee Le0erof Ccdit in Ne ease of any Termination Fee Later of Credit asd (ii) the Insma(s), in the case of my Termination Fee Band. In Om event the Imre, of Termination Fee Later of Credit is an longera Qualified Ismer or the inner of aTermmaRon Fee Bond is an longer financially sound, FPL may, require the QS to replace the Termination Fee Ulla of Credit or the Temshmliem Fee Bond, as applicable in the event that FPL (Cautioned an Stand No. 9.039) Issued by: S. E. Roodg, Director, Rates and Tariffs Effective: September 13,2016 • 0 ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE 17 FLORIDA POWER @ LIGHT COMPANY (Command fmm Shaer No. 9.038) ATTACHMENT A First Revisal SbeetNo.9039 Cmceh Original Sheet No, 9039 IO.IA After the chm of each mlendas qumla (Meech 31, June 30, Septemba 30, ad Ilaanba 31) occmrmg mbagmM a the Capacity Delivery Dam, Otc QS dull provide to FPL within ten (10) btnin no days of the close of such calendar quarter with written resonance anddaemsntmon (the "Security Dttrlmanation"], in form and substance acceptable to FPL, that the warrant orthe most mundy provided Teemenamn Security is sufficient a cover the balance ofthe Teamulion Fee m aMfiM a the foregoing, a my lime during tat tem of this Carried, FPL shag have The right a request, and the QS shall be obligated to deliver within five (5) badness days of malt regaesl,mch Severity Dommenatien Failure by the QS to comply with eherequiremeots ofthis SWkmI0.1.3shailbegmudsfa FFLm dmsv)n IWI an a"• existing Termae0on For IehaofCrd'n orTem®tion Fee Brad or a midn any Tamhation Fee Cash Collateral, and to exercise my other rmedi it may here hermader is be applied against my Tmnimtion Fac that may be due and owing to FPL on that may in the f rs mbedue and owing to FPL 10.1.5 Upon any lamination of this Contact following Use Capacity Delivery Date, FPL dal[ be anittod to receive (ad of the case of theTeravm am Fm Le er.fCmdd or Termination FeeBond,dimsupon such Termination For Lena ofCrcdit or TamimtionFee Bond) and retain was, hundred pervert (100%) of the Termination Seamy a be applied again t my Terrmnaion Fae that may be due and owing to FPL or Dat may in the aline be due and owing to FPI.. FPL wig trader to the QS any paesds and Teromotien Serenity remaining alar liquidation, sdaff and/or application coda this Article alta sathaction in Bdl of all mama payable by the QS with respect a any Termination Fee on other obligations due to F114 0se QS in all events will remain liable for my maanhr renaming unpaid after my liquidation, setcffednor application under Us Article. 102 The QS, as the Pledgor of the Temaation Samiy, hereby pledges to FPL, a the seemed Port', a severity fm the Termination Fa, and Semi to FPL o fast priority continuing sam(y mtesestin, lien an and right ofseloRegemdall Termination Samiy trmsfenedaorraxivdby FPLhenader. Upon the carrier orreban by FPL us the QS ofTadmtion Secmiy, the securiy, inured and Sen granted hereunder an that Termination Security will be mlensed mmmdm* and, to the extend posmTa, without my fabler action by eitherpay. 10.3 In lieu of eery catered, dividends or other mexamb paid or dcand to base been paid with respect a Termination Foe Cash Conrad held by FPL (all of which may be reamed by FFLI FPL will transfer to the QS on a monthly bads the In AmomL Pummnt toSection9.3. 11. Performance Factor FPL dcdms to provide an incentive a the QS to operate the Facility during on•pmk and off-peak periods in a mmaa sdtieh approxh� awpmjaiedperfarurmceofFPL'sAwkW UniL A formula to achieve thbobjective is attached m Appendix B. (Continedm Steer Na 9.000) Issued by: S. E. Romig, Director, Rahe and Tariffs EffeeUve: September 13,3016 0 0 ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE 18 FLORIDA POWER & LIGHT COMPANY (Cmebrued from Share No. 9.039) 11 Default ATTACHMENT A Fourth Revised Sheet No. 9.000 Camels Third Revised Sheet No. 9.000 Natwflh+tending the oawrenaofmy Forte Majsmeadescribed in Section 16, each of the folly ing seal conshum an Event of Default 12.1 The QS fads to reel Weappliceblerequimnmb specified in Section 1 ofthisCmtrect; 12.2 The QS chancier or modifies dee Facility from Nat provided in Section 1 with respect to its type, location, tchnolog)' or Net soaca, wi hom prior %Timm approval from FPL.; 12.3 Aft the Capacity Detivey Date, the FciOry fml4 fm twelve (12) mamutive cards, to maintain an Amual Capacity Billing Factor. ss deseibd in Appendix H. *far last 709G; 12A The QS fags b comply with any tribe provisions ofsectior 9.0 hamf(ComphlioNPerfmanrmswunty} 12.5 The QS falls m mmp"fli say ofdmprovisions ofSaAon IO.Ohi rcf(Temiation Smelly}; 12.6 The QS ceso can conduct of active bumues, or if pro rdiogs under We feCoal bawkmploy law or insolvency loan shah be instibrd by or for or against the QS ar if a recover shed be appointed for the QS a my of its Deer or properties; or if my pm of he QS's risco sbe0 be dumbed, levied upon, emeunbated, pledged, send or taken undo my judicial pmwets, and such pmcediggs sial not be vamlell or fully cloyed widens 30 days Nescsf', or if the QS Nall make an asdgamml fon Om hostile attendant, or admit in writing its inability to Fey itsdebLsm they bcome dee. 12.7 The QS fab to give proper msaance acceptable m FPL of adequate perfomxnce as specified mho this Contract within 30 days ager FPL, with reasonable grounds for inswority has requested in writing suchwasumance.. 12.8 The QS materially fags to paean as specified ander this Contract including, but and limited to, dee QS's obligations under meq pm of Sections 8, and 1& 12.9 The QS fails m eddave the panNing, licensing, cerdflation. was ail Federal, gem and load governmental mYnomrmtel and gcrosing approvals rogi i to indiomconstruction of Ne Facility by an lata than am your prior le, GummmdCapacity Date. 12.10 The QS fails to =reply with myafthe provisions ofSadon 111.3 hatmf(Pmoject himaganent)t 12.11 Any of the repmmntabans or wmmnbamade by the QS in the Contract is run ormislesding in my material respect. 12.12 The oaarmoe of an event of default by the QS order the Imam motion Agreement or say applicable Whecfing AgrommS 12.13 The QS fah to satisfy itsobligetions undaSetion 18,14 hamf(Assignmml} 12.14 The QS fails m deliver to FPL in nccdence with Nis Contract my energy or foie capacity rcgimd to be delivered hereunderorthe delivery or sale army such energy and frmcupacity to an mdty what than FPL. 12.15 The QS fails to perform my material covers t a obdip fic s trade this Contract rot specifically mentioned in Ibis Section 12. 12.16 If ed my time after the Capacity Delivery Darc, Om QS aches the Committed Capacity due to an event of Forcer Majmoe and fab to repair tic Facility and reset the Committed Capacity to The level set fond in Schon 5.1 (ns such level may be reduced by Section 5.3)man n twelve (12)months following the occurnmceofsurL evmto[Fae Majeure (Conlmmd m Shed No. 9.001) Issued by: S. L Ronald, Director, Rota and Tariffs Effective: September 13, 2016 • 0 ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE 19 ATTACHMENT A First Revised Sheet 140.9.041 FLORIDA POWER & LIMIT COMPANY Caveels Original Sheet Na 9.141 (Cmtiooed from Shen No. 9.010) IS. FPL' Rlgbb M rba Eton of Bananas 13.1 Upon the omttmee ofsey efthe Events of Ddanit in Swine 12, FPL may. (a) tamiuta this Cmlma, without penalty or further obligation, ex.p a ser forth in Section ML by woven notice to db QS, and oRut against any, pepncnt(s) dnc ftbn FPL to me QS sey movies dhe wive due fiom the QS to FPL: (b) d. on the Canplstioull of. Secmily pnamt WSued. 9 mwllxt dm Tetminstion Fm putwanl to Section 10 at applicable and (c) ettmiseany oma ca.Wy(a) whirl cony bonsblaMe 0 Mat Iowa in equity. 133 la the eases of an Ewan of DefadL the QS smog' that any s dy at low my be inedxpd. Iscam this Contents is unique md'a beeaum the actual damage of FPL may be diRmlt to reesmaMy ace. in. Thaefae, de QS eSive, the FPL shell be entitled to puna an action fa specific pedormanc>and the QS waists dl of its rights eaten b a defense to mob action dust FPL's mncdyat law is adequate. 133 Temtimtim " nes Moo de Nobility of either puny fo obligations arising prior to sash termhntian or fn, damage. if nary. marling from any branch of this Connote. ll Islonallbadodlha , 14.1 FPL ad the QS shall each be rapmsiMe for in own Indlities. FPL ad ties QS shell each be rapbmlde fa m usi it odequae algurds fa oma FPL austere% FPL's and rim QS`s primed and egdpmses, and for the passion lits con governing riven Subject an nasion 2.7 Ind®dty to Company, or session 2.71 Idcauly to Caepaty- Ooserrlmm d. FPL1 Oseaal Rubes and Rap,Wiovs of Tariff Shan Nw6.020 cash (nary(the "Iadsnmi6i,Pay")spm, to it. oaeat pwmiltd by eppliable hew. mind nify, pay. &f.4 and bald harnless 1M oma pony(tlm"Indemnifying Par" and Its offrars, die cmployet, agents and cmimaaa(haamfkrealled rapecbsdy,'FPLEdda' and "QS Eaddei) from and &Reins any and all dalms, drmends mea or sap a ces fa lea. dmvage, or hsjoy to pear, a peopaty of the ludemnigd Pavy (a b shill parties) wood by, wising eat of on, belting from: (a) a beach by she Iadcamifymg Pory of its aaamr . sepaentatimn, and wtnen6es or obligations Immnder, (b) any as or mdbiov by the Iueeanifycg Pasty ca it. rmtr000n, agents,.1, or wpb)ess in ooecaum with do installation a opaetiov of its Recension "con or the operation thered in =auction with the aga Pasty', nom (e) my defect m. fmlmo of. on felt rand nn, the brdmmiQing Pay, Sensation sysi m (d) 12. neSligmm a willful misconduct time Indannifying Party or in ocatc a ss, agents, savants or employee; or (e) say War awL act or incident, inddiuS the trvuminion and m or dectrici y. that n do remh of. or pmsimaey mud by, she Iodemviyiug Party or its emnoemrt agora servants or employees 143 Peymset by an Indemnified Party will ant be a motion peahnt to the abligaiam of do indemifying Perry under Section 11. No Indemnifld Pony undo Sanies 14 "1 sevle any claim for which it claim indmaifieWim am a witat first allowing the Indmmifying Pay V. right to defend such o chum. Ther bodmmifying Party andl hest an aMigations unM Salim 11 in ran .1 ofa breech oftbs (ongoing cause. by the Indenmifid Pony. Salm IA shall subib termination adds Alinement 43(im(mimmCwsequmtial, IoeidseW andIdiroo Dm,gn TOTHE FULLEST MCTENTPERMIII BY LAW, NEITHER THE QS NOR RPL. NOR THOR RESPECTIVE OFFICERS, DIRECTORS, AGE'NT'S, EMPLOYEES. MEMBERS PARENTS, SUBSIDIARIES OR AFFILIATES, SUCCESSORS OR ASSIGNS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, MEMBERS, PARENTS, SUBSIDIARIES OR AFFILIATES, SUCCESSORS OR ASSIGNS, SHALL BE LIABLE TO THE OTHER PARTY OR THEIR RESPECTIVE OFFICERS. DIRECTORS. AGENTS, EMPLOYEES. MEMBERS. PARENTS. SUBSIDIARIES OR AFFILLATES, SUCCESSORS OR ASSIGNS FOR CLAIMS. SUITS. ACTIONS OR CAUSES OF ACTION FOR INCIDENTAL INDIRECT, SPECIAL. PUNITIVE, hM17PLE OR CONSEQUENTIAL DAMAGES CONNECTED WITH OR RESULTING FROM PERFORMANCE OR NONPERFORMANCE OF THIS CONTRACT. OR ANY ACTIONS UNDERTAKEN M CONNECTION WITH OR RELATED TO THIS CONTRACT, INCLUDING WITHOUT LIMITATION. ANY SUCH DAMAGES WHICH ARE BASED UPON CAUSES OF ACTION FOR BREACH OF CONTRACT. TORT (MCIAMING NFGI1OFNCF. AND MISREPRESENTATION), BRFACH OF WARRANTY. STRICT LIABILITY. STATUTE. OPERATION OF LAW. UNDER ANY INDEMNITY PROVISION OR ANY OTHER THEORY OF RECOVERY. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PND HEREUNDER ARE LIQUIDATED. THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, THAT OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT. AND THAT THE LIQUIDATED DAMAGES CONSTITUTE A REASONABLE APPROXIMATION OF THE ANTICIPATED HARM OR LOSS. IF NO REIMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN, THE OBLIGOR'S LIABILITY SHALL BE LIMIlEDTO DIRECT DAMAGES ONLY. AND SUCH DIRECT DAMAGES SHALL BETHE SOLE AND EXCLUSIVE MFJSUREOF DAMAOESAND (Canhmd m ShooNa.9IN2) IemM by: S E. Romig, Director, Rates and Tariffs EffeeeHve: Jane 25, 2013 ORDER NO. PSC -2017 -0278 -PAA -EQ ATTACHMENT A • DOCKET NO. 20170077 -EQ PAGE 20 Second Revised Shm No. 9.042 FLORIDA POWER & LIGHT COMPANY Cattails Flrat Sbeet No. 9.M2 0 (Cbnoa«d nun Shea No. 9DI1) ALL OTHER REMEDIES OR DAMAGES AT LAW OR M EQUITY ARE WAIVED, PROVIDED. HOWENEIL THE PARTIES AGREE THAT THE FOREGOING LIMITATIONS WILL NOT M ANY WAY LIMIT UABILITY OR DAMAGES UNDER ANY THIRD PARTY CLAIMS OR THE LIABILITY OF A PARTY WHOSE ACTIONS GIVING RISE TO SUCH LIABILITY OONS ITUTE GROSS NEGLIGENCE OR WII"LL MISCONDUCT. THE PROVISIONS OF THIS SECTION SHALL APPLY REGARDLESS OF FAULT AND SHALL SURVIVE TERMINATION. CANCE3IATION, SUSPENSION, COMPLETION OR R%PULATLON OF THIS CONTRACT. NOT INIGI CONTAINED IN THIS AGREEMENT SHALL BE DEEMEDTO BEA WAIVER OFA PARTY'S RIGHT TOSEEK INIUNCrm RELIEF. 15. Insurance 15.1 The QS ftn psocsae or, m be poemsd, and shill maioloin &douymt the entire tam of dols Comma a policy or policksormaitybmvmce i dbymmmaempabk in FPL an a stmdmd Insumnee Savicen Office- mmmacial gmaal EabiGq Aorta (such policy «p lidm, collalimly, Me "QS Inavuk<'} A entifimle of irmat dellbe de ivemd m FFL m bast fifteen(IS) mladu days prior to the soul of my Im=0=110m W&L Ala mmfmm. Lbc QS Insurance dao cmd& (a) m mdormtKstt plodding mvaagateldmgpalmaIiies (1) wwch o1 evise rider. of«me tamvn= Contact and ro)abmaa Lout and &e atdotsaean m.dng eat, o (h G) and b opera as(se under. « m Dn ofthevwce « rosonor b the of phis CoIn,M sad the InesmmKavm Agt®Ent or (h) mnsd by apadba of tie FadGb m ®Y ofthe QS's aQaipmn m by the QS's fdMe W memtem the s)Txt iE do Qfa Fwflity v is sdbs rlg) sol safe opwfmg codaion. Elfcain i c Ices Towen (IS) ealmdu days pian a Ok or pcv hsuiplym ofthe Facewihin industry andmr, mei Iasmmoe me bemnmdad mbtchdamenage renmamupuaaccpt to mL Asap soppy um accordance diol�Ydeae far wdtmttindlingtof(he the and not F meQ5lnsmasoe matte teasamMymmpmk to FPL Atry preNmn a>xnrmern«demanmk daB be f« the aawmtdOo QS and atm FPL 153 The QS Ismaanuo mallhere a mmbmm, ee ommmoq oncomm shale 1®IL for bed Ty hjwy (including math) «poPab dmmge. 15.3 In ate apace del mcb ioneanm 6aomu totally uns ndlabk or pocumiml Enamor becom s ermvvechBy homaimbk, such mamaobi0q daG not mavlmto an Eatu ofDefmlt Enda arts contact ben FPL and the os "I ma mh negotiations to s5eseap anbwbnepotei wtichmePuaem0drremomMmjuegmmt&can Ie, I ISA To the extort am the QS hmumce is on a'thbm mode' bads, ole smosOve chic of OK p licy(ks) mall be Ne effacUm dueofthh CanWdc vehodtudaemmaybeaVvdcpmmpmtatmmInesesaofQo FPLFald mdate QSEntWm.Futatamosato me oamt M qs bauanm b m o "chino made' bmh, do QS's deny a provide bamanm wrersRe shill smdm da tamhatiom of oris Cmtmn mol Iheexp'vation of 0o roudmun smtotory pend dlbmatom ben Oo Shk ofFlarit+f« eelbm basdm mmraa «tt loM1 To theedmi the QS Ivsueanoe b m m'bmoratm"bods, sumo mmmueslm0 be mdohmed In Meet u all titin by th QS dubmg the tam of OtisCamsam ISS The QS Immmsce mill psodde Oat it may non be cancelled or materially ahead vvldcm of Iced atbty (30) mlmdu days' wdttm notice to FPL The QS dell provide FPL wish o copy ofmsy tnmaiol cmmmimam «nakc added to me QS inmemm within em (10) busmradays of#A QS's rcc* or isumm ilmscof. 15,6 The QS dull be designated m the awned immd and FPL mall be designated m m additional sword mound Enda On QS Wuanae. The QS Wmmce dull be to be pinny to my coverage mai amad by FPL IS, Form Mts)wm Fara Mujeme is defined m m armor cteomttmoe and Is rot vimm Oe reasonable c«mal oC or ak resaft of Uk negligence of, Ow a(Gemd party, and wlddt, by Go e¢Nm ofdue diligmm, Ow of i ted parry is amble m oveswsm, ovoK or eaux a be amlded In a mmmachq reasonable m®er. Such vent, or dtatmdeaoas may meso , but are nat bcikd in. «b of 04 ww, slot a mmra+iao. blodm&s,entsgaa. saboagt epiderm«, explosbm and fees not mWnsung on Ne Fadlity or caused by III opaetlm,hvrdmom, Good% scams. ladmub «oma labor diWte% ddl'smlues (not mused by me folhue of the oR«te6 parly, to mompiy M0 ao toms of d collative bapmisg a8amem), «detiom«randms by went codas govaumenal avOcdry aasMtation mmol Fetor Majestm shaD Ent mehsde equil (a) Nm QS'a a caused y i s8 esiM c soluctim o sm0a mutat at a more dvmagmm pram; IdM standonts. or Amo i imbilit I b n n mcni c ent mud by its dedgt c) )a atan, opsnaaq mai crony m imNley cl noel any- y mviH ds, ledric se mnvd by m to QS.ex except in the Fracat;(c))afaail cm on ofmry o0vmtiq, Inctdapugmtigpaddinge:* evmt($mstroke to the QS, �a m and emu Oml such fdltm am mmol by m emu Out wudd ogmsix elmlify m e Fotm Mfgjes¢e mint (d) foGue of the QS in timay apply !« «ababt psuda. (Contbsod m Slwe Ne. 9.00) Ismed by: S. I- Reade, Direcmr. Rads and Tariffs Effective: September 13, 2016 ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE 21 FLORIDA POWER& IdCRT COMPANY (Combrud term Shea No, 9.072) ATTACHMENT A First Revised sheet No. 9.043 CAutels OAgioal She" Na 9A47 16.1 Except a otherwise provided in this Commack each party shell be around form performance when its ran filar aae was caused, dreedy or indirectly by amevml ofFmooMajcue 162 in the evemofany delay a nonperformance resulting from aneventafForte Majeure, theparty claiming Face Maja eshall entity the other parry in writing within two (2) bosirmses dsys of the ammeene of the event of Forte Majeure, of the mama cause, dere of commmeamul thaeofend the mti ipetd mount ofsxh delay, and shall indicate whether any dedlimesordate(sL imposed hereunder my be affected thereby. The suspension of performance shall be of ne grater scope and of an greater duration than the ere for the Fax Majuuerequbes A tatty claiming Force Majors: shall net be entitled to my relidtherefommless and until conforming entire is presided. The party dancing Force Majeure shall notify the other pasty of the cessation of the event of Face NWame or of the coenlusia a of the affected parry's curt fa the event of Fane Mgjmre, in either cauce within two (2) business do" thereof. 16.7 The party clamaing Force Majaue shall me, its hat efforts to cure ms camec(s) preventing its performeene of this Contacq provided. however, the settlement of sanious, lockouts and other labor disyma shall be antirety within the discretion of the affected perry, and such poly shall net be required to reale such strikes, loolmuts m all= labor disputes by acceding to demands which such pmlydmns to be tmfavomble. 16A If the QS sdfen e an occurrence of evert of FortNWeare thgenerating reduces the geating capability of the Facility below the Committed Capacity a in Soutiams 163 and 16.6. Such adjustment shall be effminv the first calendar mmareNotety following FPVsdiadpt of The notice or touch hter data a may be specified by the QS. Furthemore, such adjustment shell he the minimum amount rrcemistcd by the event of Fax Majeme. 165 If the Facility is rendered completely inoperative as a result of Fora Mnjeme, the QS shell temporarily cut the Committed Capacity equal to KW until such than a the Facility can partially orfally operat at the Committed Capacity dot existed print to she Force Mijaue Rahe Committed Capacity is 0KW, FPL shall We an obligation to make capacity paymntshemmda. 16.61f, at any time dmfng The ocaarenceofan event of Force Majeure orduring its cum, the Facility can partially or fully operas, than the QSshall tempoardy met the CmmndYed Capacity at themes man capability that am Facility can seasonably be expected to operate. 16.7 Upon the cessation of the event of Force Majeure or the conclusion of the cure for the event of Forte Majora, the Committed Capacity shad be restated to the Committed Capacity that existed mu,cdietdy prior to the Forx Mkio ne. Notwithstanding any other provision of this Contract, upon such eewation or cure, FPL shell have the right to require a Committed Capacity Test to demomminac the Facility's costmlim ea with the requirements of this section 16.7. Any Committed Capacity Test required by FPL under this Salm shall be additional to any Committed Capacity Test unda Section 5.7. 16.9 During the cocmrene of an event of Forte Majeum and a reduction in Committed Capacity under Station 16.4, all Monthly Capacity Payments doll reflect, pro rata the reduction in Contained Capacity, and the Monthly Cepxily Payments will eontmx to be calculated in accordance with the pay-far-perfmmmue provisions in Appendix B. 16.9 The QS agrees m be responsible for and pay the ears necessary to renctivas the Facility anNor the interconnection with FPL -s system if the —a is (art) redact impaeble due to actioa of die QS, its agants, or Forte Mejexe events affe ins the QS, the Facility or the intarcomotion with FPL. FFL agrees m reectivara a its own art, the imacormxtion with ger Facility in cac mstmces where my interruption to such interconnections am cmaedby FPL a is egenta 17. Repraenurtsm, Warnrrtka and Covenants of QS The QS represents ad womena dant as of the Effective Data and for The inn of this Contract 17.1 Organvetioa Standing ad Qualification The QS is a (corporation, peMerdsip, or adar, a applicable) duly orlprat'vtd and validly existing in gad snowing under the taws of and ban all necessary power ad mahmityto carry a its bnsirmaa premNy connected. to own or hold and= lease in properties and to enter into and perfom in obligations oder Oda Concoct ed all other related documents and mgremtanh to which It is or shall be a Party. The QS is duly gua0fied or lieaned to do business in the Sus of Florida sal is all other jurisdictions wherein the mime of its business and operations or &a character of the properties owned or lead by it makes such qualification or licensing necessary and where the failure to be so qualified or Bowed would impair is ability to perform iter obligation under thisComamor would result in a material liability to orwould havea material adverse effect an FPL. (Cmimned m Shot No. 9.044) Issued by: S. E. Romfg, Director, Rohs and Tariffs Effee"ivee August l&2009 0 0 • ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE 22 FLORIDA POWER & LIGFITCOMPANY (Commudfrmn Steel No. 9.073) 171 Due Authorization, No Approvals, NoDefeult; etc. ATTACHMENT A Second Revised Sheet No. 9A01 Cancels First Sheet No. 9.811 Each of the execution, delivery and pafotmooce by the QS of dun Contract has been duly ouumorcedby all necessity action on the part of the QS, does cat require my approval, except as has been herniafae obtained, of the (dmelmMers, partners, or others, an applicable) of the QS a any caned of or approval from my trustee, Inner or holder of my indebtedness or other obligation of the QS, except for ash m have been dory obteirsd, tad data net controvert or conaimu: a defoalt under any law, the (articles of ecorpmauon, bylaws or ad= a applicable) of the QS, or any agement, judgment, injunction. order. doe or caw instrument binding upon the QS. or subtest the Facility or any component part thereof to any Geo oto than a Commrpbted or permitted by this Conaoct This Contrast constituter QS's legal, valid and hinting obligation, enforomble against it in accordance with The lease better, except a such enforceability may be Emitted by applicable boalauptcy Iaws treat tax to tape meffort thnarteacaditas' rights Steady, or by general principles of equity (rcpp dle s of whether coca mforcmmt is considered in equity or d law), 17.3 Compliance wig, Laws The QS has drowldge of oil bats and business practices that most be followed in performing its obligations oder this Contra The QS is in compliance with all laws, accept to the extent 9x1 What to comply dmewith =add not, in the cggregnte, have a material advance of fed on tae QS m FPL. 17.1 Governments] Approval, Except a exryessly omtenryWd herein. neither the execution ad delivery by the QS of this Contract, nor the consummation by the QS of my of the amactionscornemplatd thereby, raqubm the coratnt as approval of Me giving of notice to, the regimatim with, the mording or flog ofany document widt, or the taking of my other action in respect of govaommbl au8writy, except in respect ofparmits (a) which have already been obtained and are in fall (arae and died or (b) are not yet regoad (end with respect to which the QS but m resson an believe thnt0emue will net be readily obtainable in the ordinary mum ofba ium upon due application therefore} 17.5 No Suit, Rocadvgs Then are an actions, suits, proceedings a iovenigetiom pmft m, to the knowledgeofg,e QS, threatened against it at Nawar in equity belie my court x trs'bmul of 01e UdW Stales or any alherjurn ictim which individuallyor in the aggregate cou d reselt in any maurielly adverse erect an the QSs business, properties, or units or a condition. (I mcial orotherwise- or in any impuirromt of its ability mperformhsobggatimsardadds Cmbut. The QS ham knowledge are violation mdefauh with respect to my law which couldresult in my each materially adverse eras or impairment The QS is net in breach of. in default ander, or in violation of, any applicable Law, or the provisions of any mdmization, or in haunch of, in default coda, or in violation of, or in conflict with any provision of any Promissory catch braebee, defaults, viobtiuu or conflict, which. bdivida adv dratmthebmmmsmfummdelmditimofBuyaor 17.6 Fnvaoncrentd Mature 176.1 QS Representations To the best of ins knowledge after ditigmt inquiry, the QS mows of m (a) existing violations of my eavbamacotal laws m the Facility. talydmg dense govenmmg hormdms matcemb or (b) padin& ongoing, w uwcW vd dmHMlvem mforeonmmt mvestigetiom, of anyeceoilers,chess, or woodenmariaian brightby goveeansmmlanthuritiamotherthiel prelim elle8m8 viobtiom of oto• rnv'vomrmW law or permit which world emmiauy and adversely oral the operation of the Facility m contetopbted by thin Caveat 17,6.1 Ownership and Offering Fm gale Or Renewable Energy Attributes TM QS retains any and all rights to own and to ad] my and all environmental attribute asmmatd with the electric generation of Use Facility, including but net 1®itd b, may and all renewable energy certifrvatcs, `gen toga" or curate trnbble environmental interests (collectively "REG"k of any description. (Cautioned an Shed Na 9.075) Irmed by. S. L Romig, Director, Rates and Tariffs Effective. August 18, 7A09 • 0 ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE 23 ATTACHMENT A Tided Revived SbW No.9MS FLORIDA POWER A LIGHT COMPANY Can"b Second ReNYM Sbee1 Na 9A4S I]bJCTmgam FmfivmmW eddotvmtmhl9epduimf ynew atWamtenM fad vda rayvnlvY.equbmtath emoed dmm6 dm tam dde Lbvbfa dmle FPL'f � fddd ten dda ado m wMdt de/maefa ifbmd �paly�dm bhmvtbeeontrM mapmed. ITJ bftmam d tadLt6 Agri The QS ben ammbd m Irda wo bn egrmmi M FPL a tep.�b ce wa.mh dtl it ben eeud (mf • nSd and mfavmble bme®aciim Agammt WOt de aMib M Woe w toidwy de F.Mly N badd, pm+..+t to bkh de QS forma aubfdml myb mdm my ad an mamimmfdebd uraopemenb(bctoft oltmI as mgm)bct m de QS fad de dmmiiOnL vdMY far ddNvy dde FKMr/a ayfdtymd V W FPL I)A Tadmabp ad Qtahfto ciptiv b 76a ear drown dddf Cantrm dbTeAteiop rad Otamb OpD➢idmxEla Wford bSalm It, roatafb edeattpleh 16 Omenl Pfa.Wmn ILI ROW W b6lry Tefma Nd.m fminema QS'f Mudd ud tnlmiN rimRib• aro QSdud p.o.Na 0mmfamtkv and dummem rrgx+td in Appendix U ambaatdf6ydmiW d to ba .baa Ad an de da In cbfppybda time dflt%y mordgdoN�Mmem deW& de daameatnam fnlhbk. AO yr. h b by mflm n FPL mm be wtbnritmd d de 1®e ddf fk.tNd N ptefeptad m FPL P.M. m paffY de fodewbog melt damomn tmy.mtA b •detrmmfdmdmodfNfiygFPL 193Pervr tv Rib Cmbvl Tor QB berAYfpaf babnm mdmd�a Pamih Midi de QS b mdvhd babbfit me peerapaidk benypbi m de fmri6a T,6ed m db CaAvfet QS tla6 fbvamfin fd autumn Saffboml foam Tam dda Cmtret 193 A Jea Mctfgmmt 193.1 If t t ead by FN. ee QS dtdl amdt b FPI. In 6hW.W pl*d mmdde fa. FR:, oak.. wid'm dry akma dqa deco da —I. f doh Qmmd. fd. a4d "d ed fdahtb fo db F cftaI E day almda dm plc m aeric, and mfg d dm FFfediy. Thea dm FPL'f trrsvfal tedea tend bupvSt®d ae Fadiry fad tmfuap napPn, if uY, dud net be taNavd a eMadm Qa dpim dmm(a a mY wormy m a tla afery, dmfMli H a rellfbdiry d da Fbddry. lus iba QS df0 Paka iPL Wd de roil da{ptYdama4cueff 6atmtP apfDlidymasy pvbtiw td.YIYF , pnpad paendn tday avmFn. mem emlim d'upmt paadn.dry Amaimfl dhpm4 and fbaafttng mtrmt tltd d6M moat damMydfpfmf M.amxfml mtpenfan tl FPLm Wadmambvnmd eldgalaaadm piomde ®dd gndvmiatim dda 164 Ampmmt Tbh Apmeml dead come to dm berea dad dud ba bbdme vpm de Paan ad N respee6 aseeaoa ad ndpn TMt Apaement dM m be to ba phtbd a Wdbdd m von aids mptdm de pia mitten aaumt of FPL Nmddamd'm6 the faebom6. date Apmvwa: (q b mY IW n.w.md mmdtY for dbligftmf cordo MY .espmfak fa FPL•.tmmfbk Ne:pavaf mfaditd dd de rerietat m m, .ahmd.aigavmt memdetg.mfmAk flbneye kv (q a m fad a bene dm dd d von Ptlry (end m orient Im dm bueennm Mae) a pnadnCQatAv, d, mYmA fRidm dtm.pm m wd[m6 b bebora qm Om ad. ftom R, tbmam`trvnfadv6 Pnyddvyafmvivp bvamo daa Snndad A Pooh Oapmdm a But a (bare @m Modyf 6tvmaSh doe orator mmopdm moor and fbfil a ttmda N. a. QS awl m b umdhy ddf Cmbm. FPL doesort va dnoM 0 be ammtbl b mord Ib Pdit a Mudd app, 91 debevdH darydhd pmkd Iatdtgmamyba bmN6Mba bfnnobmdd db QS aaaYfmpmeddis Ca,fat (CbedadmEbaeNh9bab) Elrectim Seplecub" 13.2016 ORDER NO. PSC -2017 -0278 -PAA -EQ • DOCKET NO. 20170077 -EQ PAGE 24 J • (CoNhmd from Shect No. 9.075) 18.6 Notifmatioo ATTACHMENT A Fhu Revised Sheet No. 9.IN6 Contexts Original Short Na 9.046 All formal notices reloting to this Contract shell be deemed ddy given when delivered in pawn, or tent by registered or catNd mail, or sent by fen if followed mmtedialely with acopy sea by regismed or certified moil, to the individuals designated below. The Patios designate the following mdiAchols in be ratified or to wt mn payment shall be sent =61 such time m either Potty famishes the wher perry "Thum instructions to contact another idividuek F"&cQS For FPI.: Florida Power& LightCompony 700 Uns cr a Boulevmd Jura Bmeh. FL 33408 Atm: Uff 0ontrab Department 'This sigmd Contract and all related dotematm may be presented no eMier gut 8:00 am, an the effective date of the Smderd Offc Contrecl, as determined by the FPSC. Contracts and related documents mey be melted to the address below or delivered during morel business hmue(HO am. to 4:45 pm) m the viytma' eatranco mthe eddrm below. Florida Power & Light Computy 700 UnivasuBoulevad, Juno B=h. FL 33408 Attmtiau Contacts Mmutged(awd anor EMT Combed, Depuwmt 18.7Appliceble Lew This Contact shell be mnstnd in aaodence with ad governed by. and the rights of ho Parties doll becoomuod in occordena with, the Inas of the Smte of Florida as m all rm0aa tmmdmg but not limited to mnaas of validity, mnstructioa effect, perfotmmtt and rtmdia, without regmd to conflict of law rola maaof. 18.6 Venue The Parties haft irmoabhy submit to the exclusive judsliction of the United Seta District Coati for the Southern District of Florida or, in Ilio went thin jurisdiction for my tater cent be atablishod in the Unitd Stora District Coed for the Souhan District of Florida in the state coat for Palm Beak County, Florida, soldy in tapas of the intetpemtion and enforcement of the provisions of this Contract and of the documents referred blot this Controet, end in «spat of the transactions comen4ated haft, and haft nuke, end agreenotmawes%as a defeme in any alion,weltorpmccdie8 for We mlmpretelivnaevforstmmlhacef mofeny suchdocumew that it is nal subject thereto or Bwtsuch action, suit or peowddmg umy ud be brought or is not msintemable in aid couraorthal The venue thereof my not be approprism m that this Contact or any such document may not be enforced in or by such count, od he Ponies henso irrevocably ogtee that oil claims with respect to such action or pmooe g shell be head and determined in such a court. The Parties hereby cometh to and grant my such colo jmisdiclion over the persons of such Portia w* fm wmh pupaee and ora the subject owner ofsuch dispute ami ager U mailing ofpvc or other papas in corinaclion with any suh ectionar procadmg in Ibex provided in Salon 19.8 hereof or in suchoher mennaa may be perms ed by Law shall be valid od sufficient service hereof (Comivud on Shen No. 9.077) Issued by: S. E. Romig, Director, Rales and Tariffs Effeedve: Oember 4, 2011 ORDER NO. PSC -2017 -0278 -PAA -EQ • DOCKET NO. 20170077 -EQ PAGE 25 0 ATTACHMENT A First Revised Sheet No, 9.047 FLORIDA POWER & UGHTCOWANY Catrcels Original Sheet' o.9.Od7 (Contmud form Shat No. 9.0(6) 18.9. WaiverofJusy1riel. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY CONTROVERSY WHICH MAY ARISE UNDER THIS CONTRACT IS LIKELY TO INVOLVE COMPLICATED AND DIFFICULT ISSUES, AND THEREFORE EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT A PARTY MAY HAVE TO A TRW. BY JURY IN RESPECT OF ANY LITIGATION RESULTING FROM. ARISING OUT OF OR REIA77NO TO THIS CONTRACTOR THE TRANSACTIONS CONii7,1PiATED IIERrJ)Y. EACH PARTY CIiRTGOrS AND ACKNOWLEDGES THAT (a) NO REPRESENTATIVE, AGENT OR A770RNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION. SEEK TO ENFORCE THE FOREGOING WAIVER. (b) EACH PARTY UNDERSTANDS AND HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (c) EACH PARTY MAKES THIS WAIVER VOLUNTARILY AND (d) EACH PARTY HAS BEEN REDUCED TO ENTER INTO THIS CONTRACT BY. AMONG 011MR THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION 18.9 18.10 Twution In the exert Out FPL heatos liable fa additional twos, including Instant and/or Pemities arising fiom an Internal Revenue Services detanmmtian, through audio, nding as, oUanomority. Oma FPL': terminate to the QS farcipacity uderOpliaa B, C. D. E or fa eragy pim ion in the Ford Firm Scantly Poymmi Option D me not fully dedoctr'ble when paid (additional his liability), FPL may bill the QS nmaOdy for the mat, mcludiag wtyittg chage& ween amdA t penalties, associated with the fel Ord ail ora portion of ates, capacity payrnmsmecatm UyddMdbleforftdrdand/or BeteiaometwePIVa FPL.ditSOPtiMrayoffsetthroecowageingamount da the QS haemda. These coal %wind be cakulatd w s to plane FFL in t e mar economic positionin whdeh it would hawbcm ift e entire capacity payments bad been dedacble in the period in width the payments wase made. ITFPL decides to appeal One Internal Revenue Services detmvinetion. the decision as to whether the appeal should be made though the administrative orjad tial pmomssor both, end all subsequent dmidons partaking m Or appal (both mD9maive and procedural), shall mss exclusively with FPL 18.11 Savembility, Ifmy part of this Contrao, far my rewn is declared invalid. or ucrcrdorcenble by a public authority ofappropriate jmidiction, .than such decision shall int olfeet the validity of the mememAcof the Contreet, which remabnder shall remain in to=and enect a if Oda Cosmid had been ezmutsl without the invalid car uncadu cenble portion. 19.12 Complete Agreement mel Amercmtens NI peviousmnmmrtimtiore or egrtmms bea ecu the Panics, wtretha vaW or writtem, with refama an the wbjed mater of this Connect we hereby abwswici No amendment ormodification to Oris Contrecl:ball be binding unless it shall be set forth in wining and duly esautd by both parties. This Contact mnstimtet the mtireggeanan be0vvnthe Parties _ 18.13 Survival ofContmat Thr ContmM, as R ray be emended form ame to timeo be badiog upon and sure e, the- fit of, the Ponies' mpeetive wcasmrrm-interest and legal mepmastmative4 18.14 Record Retention The QS epees an resin fa a peril of 6ve(I) years Rom she dee of wndativn haatall eaasds ¢sting to the performance of is obligations bemnmda, and to mrxall QS Entities to retain fa the same period o8 such record& 18.151,10waiver No xxiver of any of the tem and conditions of this Contract shall be etfative unles in writtog and signed by the Pansy opinst whom such waives is sought to be anfotwd. Any vvelourofthe tans hamfshall be elfadw only in the specific lawmen and for The spectra Pepto: gime. The fnilurcoft, Pony to ivsK in any istmta, on the strict performance ofmrycritic tam and conditions invest dull cat be construed naso salver orsahParty's right in Ott, future to men on such strict perfomrmae. (Continued on ShalNo. 9.078) Issued by: S E. Romig, Director, Rates and Tariffs Effective: September 13,2016 0 • ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE 26 FLORIDA POWER & LIGHT COMPANY (Cmdmucd fmm Sheet No. 9.077) 18. 16 SeWfr ATTACHMENT A First Radsad Sheet Na 9.018 Candi Original Sheet No. 9A48 FPL may many timq but slm0 be mda vo obligation to, at off any and oil nuns due from 6a QS against stays doe in the QS hereunder 18.17 Aesmce With FPL's a nhation ofFlN 46R Aaounting rdo srt fond in Financial Accmntinii Standards Road IntmpmtationNo. 46 (Rcviwd Dooanba20W) (-FIN 46R"), as well as form amendments and inwivotermos of Harm roles, my roc;= FPL to evahate whaha the QS mud be wawlideted. as e variable interest atity(a define]m FN 46RIin the wesotideted fisted Nntanadn of FPL. The QS e®ees m fully eoopame with FPL and make available to FPL at] francial data and other information, as demnd n=mq by FPL, to par= that evaluation m a timely bes at vneptionof1he PPA and periodically as m and by FN 46P Iflheresultdfon evaluation lode FN 46R indicatesdartthe QS moss he eaaw8dald'm the fmmninl delenves of FPL, the QS agrees to provide firmnal surmtents, togdha with other requitd infommlion, as determined by FPL, for bxlusim in disclasmes contained in the footmotev u the finerciol detanrnls and in FPL's required filings with the Securivefoad Exchange Commisdm(SECI The QSshdl pmvide ddsiofomotionto FPL inotimefrovte eomutent wiU FPL'aearrdngs release and SEC filing a,bdtheo, to be detamierd at FPL's dixretion. The QS dso agree b Ngy cooperate milk FPL ad FPL's tdeperdert editors in completing an assamnnt of tite QS'e iraaml cce ols as required by the SmbencsOxdey Act of 3003 and in pafmmmg any adt procedures necessary, for ax udepadc d auditors to issue'their opinion m the mtnolidmd fmarcial statements of FPL. FPL wID vein airy inr n tion provided by tin QS in =6*ing Secdon 18.17 m eonftdmtial htfonneon and shell only dimlm smb infomutionto the mnmit required by accounting and SEC rules and cry appl&abie laxer N WrrNM WHEREOF, the QS and FPL cwcutcd this CooWd this day of WITNESS FLORIDA POWER& LIOHTCOblPAHY Date Date Issued by: S. F Rondg, Director, Rates and Tariffs Effective: July 29, 2006 ORDER NO. PSC -2017 -0278 -PAA -EQ • DOCKET NO. 20170077 -EQ PAGE 27 • 1] ATTACHMENT A Sixth Revised ShmtNo.10300 ■wtOUAt WMdx6 Unl WaaeMT RATESCTIEDULEQ&2 AFPENDIXA TO THE STANDARD OFFER CONTRACT STANDARD RATE FOR PURCHASE OF FIRM GPACTrY AND ENERGY FROM RENEWABLE ENERGY FAC[LXrY OR A QUAUFYING FACIL1fY WnTl ADESIGN CAPACITY OF 100 KW OR LESS SCEffAULE QS -2, Firm Capacity and Energy AVAILABLE 7be Company will, trader she pmvisiosa of this Schedule and the Compavys "Standard Offer Contract for the Porch= of Fara Capacity and Energy fern a Renewable Energy Facility or a Qualifying Facility with a design capacity of 100 KW of fear ("Standard Offer Contract"), purchase film capacity and amgy offered by a Renewable Energy Facility specified in Section 366.91, Florida Stella or by a Qualiljing Fanny with a design capacity of 100 KW or las As specified in FPSC Rude 25.17- 0932(4) and Which is either directly or indirectly interconnected with the Company. Both of these typesof facilitiesshall also be referred wherein as Qualified Sella or "QS". The Company Will petition due FPSC for closure upon my of the following as related w the generating Unit upon which ibis standard alfa contract is based i c. the Avoided Unit; (a) a mNat for proposals (RIP) pursund to Rule 2532082, FAC., is issue4 (b) the Company fila a petition for a need detenoinadm or commmms construction of the, Avoided Unit when the generating unit is not subject to Rule 25.22.082, FAC., or(c) the generating unit upon which the standard oBtr contract is based is no longer part of the utility's generation pbax as evidetroed by a petition to that effect filed with the Commhsion or by the utility s nasttecad TenVarSinePlan. APPLICABLE To Renewable Energy Facilities m specified in Section 366.91, Florida Statutes producing g capacity, and etmgy, fiern qualified rmewuble resources for ask to the Company on a firm basis pursued to the to., and conditions of this schedule ad the Companys "Sandard Offer Conham". Fm Renewable Capacity and Renewable Energy are capacity and energy produced and sold by a QS purssurat to the Standard Offer Contract provisions addressing (meg other things) quantity, time and aliaMlity of delivery. To Qualifying Facilities ('QM with a design capacity of 100 KW or les; as specified in FPSC Rule 25-17.0832(4)(x) producing opacity and energy for sale to Ore Campmy on a firm basis pursuant to the team and conditions of this schedule and the Coutp Vs 'Standard offer Coroner. Pum Capacity and Emily ore desmbed by FPSC Rule 2517.0832, FAC" all are capacityand energyproduced and sold by a QF la meant In the Standard Offer Contract provisions addressing (ammigodaxthisgs) quantity, time and reliabilityof delivery. CHARACTER OF SERVICE purchases within the temtmy served by the Con pa y shall be, at the option of the Counpany, single or am pbase, 60 berK alternating current at any available standard Company voltage. Purchases from outside the territory served by dee ConWmy shall be Once phase, 60 hertz alternating current a the voltage level available a the ivtarcimp point between the Company, and the entity delivering the Firm Energy and Capacity from the QS I lMRATTOV Ptnebases order this wbedule are subject to Section 366.91, Florida Sealants a dkc FPSC Rules 25-17=2 through 2517.091, FAC., ad 2517.200 Enough 25-17310 FAC mad are limited to those Facilities which: A Commit on comrmna deliveries of fine capacity all energy no lata than the in-service data of Ore Avoided Una, a detailed in Appendix 4 and to continue such deliveries for a period of at least 10 yeas up w A maximum of the life of the avoided mit S. Am net currently cider mnbac with the Company or with any other entity for the Facility's output for We period specified above (Cmtimrd on Shen Na 10.301) Issued by: S. & Romig, Director, Rana and Tariffs Effective. lune 25, 2013 • • 0 ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE 28 FLORIDA POWER & LIGHT COMPANY (Couto d dem Sher No. 10300) ATTACHMENT A Seventh Revised Sheet No, 10.301 Cameels Sixth Revised Sheet No. 10301 RATESFOR PURCHASES RYTRE COMPANY Farm Capacity and Energy ore purchased at a unit cost, in dollars per kilowatt per month and cents per kilowatt-hour, respectively. based on the capacity required by the Company. For the purpose of this Schedule, an Avoided Unit has been designated by the Company, and is detailed in Appendix R to this Schedule. Appendix I to this Schedule describes the methodology used to calculate payment schedule; applicable to the Company's Standard Offer Contract filed and approved pmsumt no Section 36691, Florida Statutes and to FPSC Rules 25-17.082 through 25-17.091, FAC and 25-17.200 through 25- 17.310. FAC A. Firm Capacity Rata Options A through E aro available for payment of find capacity which is pmAuxd by a QS and delivered to the Company. Owe selected, an option shall remain in effect for the term of the Standard Offer Contrstt with the Company. A payment schedule, for the wer al payment option a shown below. contains the monthly rate per Idlowas of Firm Capacity which the QS has contractually committed to deliver to the Company and is based on a contract term which extends ten (10) years beyond the in-service date of the Avoided Unit Peymmn schedules for other comma terra, as specified in Appendix I, will be made available to my QS upon request and may be calculated baud upon the me0odologia described in Appendix L The currently approved parameters used to calculate the schedule of payments me found in Appendix 11 to this Schedule. Adiuslmeat to fAoadty Payment The farm capacity rates will be aduncil m reflect the impact that the location of the QS will have on FPL system reliability due to constraints imposed on the ope ntion of FPL menunissicri tic lino. Appendix m shows, for illustration putposer, the flcton that would be used to gust the firm capacity rate fee different geogapbical ares. The actual a4ument would be determined on a case-by-case basis The amount ofsuch adjustment, a well a a binding contract rem for turn capacity, sball be provided to the QS within sixty days of FPL execution of the signed Standard Offer Contract Option A • Fixed Value of Referral Payments • Normal Capacity . Payment schedules under this option art based on the value of a single year purchase with an in service daft of the Avoided Unit, as; described in Appendix L Once this option is selected, the content schedule of payments shall ter®ou feed endo eff:dtmaughow the term of the Slandered Offer Contract ((bntipud onShed No. 10302) Issued by: S. E. Romig, Director, Rata and Tariffs Effective. dune 25, 2013 ORDER NO. PSC -2017 -0278 -PAA -EQ • DOCKET NO. 20170077 -EQ PAGE 29 • ATTACHMENT A (Comimmd from Sheer No. 10301) Payment schedules under this option are based upon the ally apical cost comportent of the value of a yea -by -yea dcfcnal of the Cu pangs Avoided Unit pmvidcd; however, mat under no circumstances may payments ben& before the QS is delivering that capacity and emtagy to the Company pursuant to the terms ofthe Standard Offer Contract. When this option is selected, the capacity payments shall be made monthly commencing no eadier than the Capacity Delivery Date ofthe QS and calculated using the methodology shown on Appendix L The QS shall select the month and year in which the deliveries of firm opacity and cagy to Mr, Company am to cosanence and capacity payments are, to stat The Company will provide the QS with a schedule of opacity payment mares based on the month and year in which the deliveries of firm opacity and energy ere to comate and the term of the Standard Offa Contract a specified in Appendix E Option C -Fixed Value of Deferral Payment -1,welaed Constrict Payment schedules under this option are based upon the Ievclired capital cost component of the value of a yor- by-year defcal ofthe Companys Avoided Unit. The capital portion ofcapacity payments under this option shall consist of equal monthly payments over the term ofthe Stallard Offer Contract, calculated as sbown on Appendix 1. The feed operation and mainterrena portion ofthe opacity payments shall be equal to the value ofthe year. by -year deferral of fixed operation mid maintweace expense associated with the Companys Avoided Unit The methodology used to calculate this option is shown in Appendix 1. The Company will provide the QS with a schedule of opacity paymcm rates based on the month and year in which the delbvesics of firm capacity and energy an, to commeaa and the ternof tlm Standard OfferC*rdmd as specified in Appendix E Option D- Fixed Volpe of Deferral Payment- Early Levelled Capacity Payment schedules under this option sat bated upon the eery tevell7w capital cost component of the value of e yea -by -yea deferral of the Company's Avoided Until. The eopial potion of the opacity payments under ibis option shag consist of equal monthly payments over the tern of the Standard Offer Contract, calmlatcd as shown on Appendix 1. The fixed operation and maintenance expense shall be calculated as shown in Appendix 1. At the option of the QS, payments for early levelized capacity shall commrnce at my timate before the anticipated in- service date of the Company's Avoided Unitas specified in Appendix E, provided that the QS is delivering firm capacity and energy to the Company pursuant to the ams of the Sanded Offer Connotes. The Company will provide the QS with a schedule of capacity payment rata based on the month and year in which the deliveries of firm capacity and cagy ac to ronvneno and the term of the Standard Offer Contract a specified in Appendix E Option E- Flexible Payment Ondon Payment schedules unda this option an: based upon a payment stream elected by the QS consisting of the capital component of the Company's avoided unit. Payments cert commence at any time ager the actual m-smim,date of The QS and before The anticipated in-service date of the utility's avoided unit, as specified in Appendix F, provided that the QS is delivering firm capacity and energy to the Company pursuant to the tams of the Standard Offer Contract. Regardless of the payment storm elected by the QS, the cumulative present value of capital cost payments made N the QS over the ten of the contrect shall no exceed the cumulative proem value of the capital cat payments which would have been made to the QS had such payments been made punaan to FPSC Rule 25- 17.0832(4)(g)I, F.A.C. Fixed operation and meintenence expense shall be calculated in confomarr,e with Rule 25-17.0932(6),F.A.0 The Company will provide the QS with a schedule of capacity payment rates based on the infomation specified in Appendix E (Caanaued en Sha No. 10. 03) Issued by. & E. Rand& Director, Rata and Tanto Effective: May22,2007 ORDER NO. PSC -2017 -0278 -PAA -EQ • DOCKET NO. 20170077 -EQ PAGE 30 L 0 ATTACHMENT A Sista Revised Shw Ne. 10303 FLORWA POWER & LIGHT COMPANY Canals FUM Revised Shat No. 10.303 (Continued6omSbea)[w 10.303) B. Faherav Rates (1) Povments Associated vrim As-Avollable Farm Costs orbr to the ln.Servleg Dase of the Avoided Unit Option A or B arc available for payment of energy which is produced by the QS said delivered to the Company prior to the in-service date of the Avoided Unit The QS shell indicate its selection in Appendix E, Ona selected; an option shall remain in effect for The terra of the Standard Oft Conn= with the Company. Option A—Energy Payments baud an Actual Energy Costs The evergy rate, in cents per kilowaefiour (fA(Wh), shall be baud on the Compmiy's actual hourly avoided energy, cats which arc calculated by the Company in accordance with FPSC Rule 25-17.0825, F.A.C. Avoided energy casts, include invmental fuel, identifiable operation and mainmmsuz operates, mrd an adjustment for line losses reflecting delivery vbltsge- The calculation of the CompWs avoided caergy costs mfl" the delivery of energy from the region of the Company in which to Delivery Palm of the QS is located. When economy trmnectimu tele plan, the incremental costs ere calculated a tlaerhbed m FPUt Rae Schedule CDG -1. The calculation of payments to the QS shall be baud on cite sum, over all horns of the billing period, of the product of cub hones avoided energy cost turas the purchases of energy from the QS by the Company fm that how. AR purchases of emgy shall be adjusted fm losses from the point of meaning to the Delivery Point Option B — Cagy Payments based on the year by year projection ofAa.Available energy costs The energy rate, in ams per kilowan-hour (IUKWh), shall be based on the Comi mhy% year by year projection of system increments! Poet costs, Primus hourly cmomy alto otharutilitica, baud on unmal weather and flnel narked eorditiora (must As- Available, Energy Cast Pmjcction winch are calculated by the Company in eccatdaae with FPSC Rule 2517.0625, FAC. and with FPSC Rule 25-17.750(6) (a) FAC.) plus a flel marlact volatility risk premium nMally, agreed upon by the utility and the QS. Prior to the slat of each applicable caledar year, the Company and the QS shall annually agree an the fuel mantel volatility risk ptemduch for the following calendar year, normally no later then November 13. The Company will provide its projection of the applicable annual As -Available Energy Cone prim to the Wer of the calendar year, wmally, no later than November 15 of each applicable calendar year. In addition to die applicable As -Available Energy Cost projection the energy payment will include identifiable operation and maintenance expense; an adjustment fa life (coos reflecting delivery voltage and a factor that reflects in the calculation of the Companys Avoided Emgy Cots the delivery of energy from the region of the Company in which the Delivery Point of the QS is located, The calculation of payments to the QS shall be bad on the sump, over all boors of the billing plod, of the Product of each hones applicable Projected Avoided Energy Cost tines the purchases of energy from the QS by the Company for thalamo. All purchausoferagysbaR be adusacd fm losses fimn the point of reach m the Delivery Point (2) Payments Associated with Aooiiable Avoided gram Casts after the In -Service Date of the Avolded Unit Option C is available for payment of energy which is produced by (be QS and delivered to the Company after the in-service date of the avoided unit In adt itimy Option D is available to rhe QS which elects to fix a portion of the fan energy payment. The QS shall indicate its selection of Option D in Appendix C, once selected, Option D shall remain in effect fm the turn ofthe Standard Offer Contract The calculation of payments to the QS fm energy delivered to FPL on and after the in-service time of the Avoided Ural shall be the sum, over all hours of the Monthly Billing Period, of the product of (a) each bun's flan, energy rate ((JKWh); and (b) the amount of energy (KWH) delivered to FPL from the Facility during that bow. (Cantirmad oa Shod No. 10.304) Issued by. S. L Romig, Director, Rata and Tortilla Effective Jume 25, 2013 ORDER NO. PSC -2017 -0278 -PAA -EQ • DOCKET NO. 20170077 -EQ PAGE 31 • E ATTACHMENT A Eighth Revised Sheet No, 10.3M (Contimred from Sheet No.10.303) For any Dispatch Hour the firm energy rete shall be, on an hour-trybour basis, the Compatys Avoided Unit Energy Cost. Far any other period during which energy is delivered by the QS to FPL, the turn anergy rate in mus per kilowatt how (f/KWh) shall be the following an an how -by -hour basis: the laser of (a) the exavailablc energy rate calculated by FPL in accordance with FPSC Rule 2517.0825, FAC, and FPL•s Rate Schedule COG -1, as they may each be amended Som time to time and (b) the Company's Avoided Unit Energy Cost. The Company's Avoided Unit Energy Cost, in cents per kilowatt -haw (P/KWb) shall be defirmd as the product of (a) the fuel prim in $/nunBTU as determined from gas prices published in Platte Inside FERC Gas Maker Report' fust of the rnomb posting for Florida Gas Trmwmssion Zone 3, plus all charges, swcharges and perameges that are in effect from time to time Rr servim under Gulfsucem Natural Gas System's Rate Schedule FTS; and (b) the average annual heat rate of the Avoided Unit, plus (c) an additional payment for variable operation and maintenance expenses which will he =stated hued on the actual Producer Prim Index. All energy pwchases shall be adjusted for losses from the point of metering to me Delivery Point The calculation of the Corryanys avoided energy cost reflects the delivery of energy, fiom the geographical area ofthe Company in which the Delivery Point ofthe QS is located. Option D. Fixed Firm Fnerav Pavmena Starting as eadv as the Facility The calculation of payments to the QS Por energy delivered to FPL may include an adjustment at the election of the QS in order to implement the provisions of Rule 25-17.250 (6) (b), FAC Subsequent to the determination of full avoided cost and subject to the provisions of Rule 25-17.0832(3) (a) through (d), F.A.C. a portion of the base energy costs associated with the avoided unit, annually agreed upon by the utility and renewable energy generator, shall be fixed and amortized on a present value basis over the tern of the contract starting, al the election of the QS, a caly as the in -swim date of the QS "Base energy, costs associated with die avoided unit" rana the cagy cross of the avoided anb to the extent the unit would have operated. The portion ofthe base anergy costs mentally agreed to by the Company and the QS shall be specified in Appendix E. The Company will provide the QS with a schedule of "Fixed Energy Payments" ova the teem of the Standard Offs Contract based on the applicable information specified in Appendix E. EMMATi AS!AVAILABIAZ ENEPCY COOT As required in Section 25-17.0832, FAC. as-evsihble energy cost projections until the incavice date of the avoided unit will be provided within 30 days of receipt by FPL of written request fa such projections by any interested person. ESTIMATED UNIT FUEL COST As required in Section 25-17.0832, FAC. the estimated unit fuel cone associated with the Company's Avoided Unit and baud on current estimates of the prim of natural gas will be provided within 30 days of written request ter such an estimate. (Continued on Shea No. 10.305) Issued by: S. E. Romig, Director, Rata and TarlfD Effective: September 13,2016 r1 U L ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE 32 FLORMA POWER & LIGHT COMPANY (Co ntmad from Sleet No. 10304) . min Sisal Revlsed Sheet No. 10.305 Canals FM Revised Sheet No. 10305 DELIVERY VOLTAGE AMSTMENT Energy payments to a QS within the Company's service territory shall be adjusted according in the delivery voltage by the multiplier provided in Appendix 11. PERFORMANM CRITERIA, Payments for I= Capacity ane conditioned an the QS's ability to maimain the following Performance criteria: A. Capacity Delivery Date The Capacity Delivery Date shell be no later than the projected in swAce daft of the Company; Avoided Univ as detailed in Appendix B. B. Availability and Capacity Factor The Facility's availability and capacity factor are used in the determination of thin capacity payments through a pafompnabased calculation in detailed in Appendix B to the Company's Standard Offer Contract. METERING REOUIREMEM3 A QS within the territory served by the Company shall be required to purchase from the Company hourly renorcift meters to measure de'r energy deliveries to the Company. Energy, purchase, firm a QS outside the territory of the CortWany, shell be measured as the quantities scheduled for interchange in the Company by the unity delivering Fenn Capacity and Renewable Energy to the CRmnpany. For the purpose of this SchedulS the onpeak hour shall be those hour occurring April 1 through October 31 Mondays through Fridays, from 12 noon to 9d00 pro excluding Memorial Day, Independence Day and Leben Day, and November 1 through March 31 Mondays through Fridays from 6:00 a.m. to 10:00 am and 6:00 pm to 10:00 p.m. prevailing Easton time excluding Tbehdagivog Day. l3orsmas Day, and New Year Day.. FPL dal( have Oa right to change such On -p a Hour by providing the QS a minimum ofthtrty calc dardaye advance wxinen intim BMUNG OPTIONS A QS, upon catcring into a Standard Offer Contract for the sale of firm capacity and energy or prior to delivery of asavailable energy. my elect to make cid= simultaneous pumbasa from and sales to the Company, or act roles to the Company; provided, however, that no orb arrangement shall cause the QS to seg mort than the Facility's net output. A decision on billing aethads may only be changed I)xben aQS mlliog ssavailabk energy entan into a Standard Offer Contract for the sale offrm capacity and cnpgy; 2) when a Standard Offs Contrast expires or is lawfully term®ated by either the QS or the Compeoy; 3) when de QS is selling as -available energy aid has amt changed billing metbods within the last twelve months; d) when the election to change billing wthods will act connivers: this Tariff orthe waded benveau the QS and the Company. H e QS elects to charge billing methods, such charges shall be subject to the falkrwog: 1) upon at kart thirty days advance written notice to the Company, 2) the installation by the Company, of any additional metering eguipreat reasonably required to effect the change In billing and upon payment by the QS for such metering equipment and its installation; and 3) upon completion and approval by the Company of any alteration(s) m the interconnection reasonably, inquired to effect the change in billing and upon payment by the QS for such ahemrion(s} Paymena due a QS will be nude moru y and annually by the twemieth business day followirgtheend of de billing period. The kilowanfiam , sold by the QS and the applicable avoided energy rtes a which payments are being made shall apmrngany the paymcan to de QS. A satri crit covering the changes and payments due the QS Is re dered monthly, and payment normally is made by the twentieth business day following the endofthe bllmg period (Cautioned an Sheet No. 10.306) Issued by: S. E. Roredg, Director, Ratti and Tariffs Effecdver 41tw 25s 2013 11 • 0 ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE 33 FI.ORMA POWER & UGHTCOMPANY (Cmmaed Sam Sher No. 10305) ATTACHMENT A Scream Revised Sbeet Na. 10306 Cancels Sixth Revised Shat Na 10306 CHARGES TO ENERGY FACILLW The QS shall be responsible for all applicable charges as currently approved or as they may be approved by the Florida Public Service Cammissim% mchdmg, but net limited to: A. Customer Ch*m , MmlLly anomerchmga fmmtlas®d'utq, b llnsendoDmap l mUeadmhdetrativemusmpaeppimbleCummergale Srhemte B. Interconnection Chance for Vat- Variable UNBty Exmenses The QS sball bar the cost required forte imeludmgthemcmif. The QSshaI1havemcoptionof(ilpay cm in full for the interconnection coats inchdiog the time value of money during the consumctian of the interconnection facilities and providing a Bond. Letter of Credit or comparable assurance 017payment acceptable to the Company adequate to cover the interconnection cost estimates, (ii) payment of monthly, invoices from the Company for actual costa progmssively incutod by the Company in bntalling the interconnection facilities, or (di) upon a showing of credit uronhimass, malting equal monthly installment payments aver a period no longer than thinly -six (56) months towed the full cost of interconnection. In the team cue, the Company shall assess interest at the ate then prevailing for thirty (50) day highest grade commercial paper, such me in be specified by the Company thirty (3O) days print to the date of ach installment payment by the QS C. Interconnection Chum for Variable Utility Exmensin The QS shell be billed monthly fix, the variable utility expenses associated with the operation and mebacnence of the imerannection facilities. These include (a) the Companysimpections ofthe interconnection facilities and (b) maintenance of any equipment beyond that which would be required to provide normal electric service to the QS if no Saks to the Company were involved. In fie of payment for actual chatges, the QS may Pay a monthly charge equal to e pmartage of the installed cost of the imacamnction facilities m provided In Appendix IL D. ftlev�Tmats R are even roam r et became liable for additional WRs, including interest Lls penalties wising hoar an Intense] Revenue Service's determination, through audit, al' nt alba authomy, that FPLS pa tsro the Q$ for ity under options B, C, D, E or for energy pun; to the Fixed Five Energy Payment Option a eR rpt f illy educti�when d (additional tax liability) FPL may bill the QS monthly for the costs, including carrying charges, haenest an&or tier, associated with the fact that all or a motion of mese aacity oevuums we not <mRrdy deductible for federal endfor state bwk and all subsequent decisions pertaining to the (Contmvdon ShenNo. 10- W) Issued by. & E. Rondg, Director, Rates and Tariffs Effective: Jane 25,2015 ORDER NO. PSC -2017 -0278 -PAA -EQ • DOCKET NO. 20170077 -EQ PAGE 34 (Continued from Sleet No.10.306) ATTACHMENT A (1) It shall be the QShrrsptmsiblity in inform the Company of any change in its electric genemtionapability. (2) Any ekch(c savice delivered by the Cmrrp®y to a QS located in the Company's service ata shall be subject to the fouowins terms and couditiors (a) Abe be maered separately and billed insist the applicable retail rate schedult(s), whose hunts and anthtions shat purloin. (b) A security deposit will be required in accordance with FPSC Ruks25-17.092(5)and 25-6097, FA.C.,mWthe following: (i) In the firt year ofooppaaaation, the security deposit shmid be baud upon the smgularmon h in which the QSk projeaed put am from the= exor4 the @stat amount, the Compamys estimated ��tedd for that moth. The deposit required interconnection, ce the amount of the difference (ii) For each yeerthaafter, a review ofthe agoal sales and purchasesbetweei the QS and the Company will be conducted to dem I a the actual mouth oftimmbmm diffvence. Tbeseanitydeposirshould be adjusted to equal twice the Western arrant by which the senrel monthly Purchases; by the QS acted the actual ala to the Company in that mouth (c) Tbc Company shall specify the point of interconnection and voltage loved (d) The QS must enter into an intemomeaion agmement with the Company which will, smmng other things, specify safety and =liability standards for the Wermnactim to the Companys system In Most hZUDC , We Comparrys filed Imaconxam Agreement for QualifybMg Facilities will be sand; however, special fauna of the QS or its intacemecfion to the Compmys fndlitles may require modifications to this Interconnection Agrxment ou the safety and mimblity amndmis awmedthuem. (3) Service under this rate schedule is object to the nulla and regulations of the Company and the Florida Public Service Commission SPECIAL PROVISIONS (1) Special contracts desisting from the above standard ram schedule art allowable provided the Company agrees to than and they art approved by the Florida Public Service Commission.. Issued by. S. & Romig, Director, Rain and Tariffs Effective. May 22, 2007 E 11 E, J 0 ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE 35 APPINLIX 1 TORATE SCHEDULE QS -2 CALCULATION OF VALUE OF DEFERRAL PAYMPNS ATTACHMENT A AFFLICA13ILM Appmdix 1 prorWvs s dadled demipdm d the mt&odohW uvad by dw Campary to mlmWe the omOdy alms d defy ft or my ding the Cmp.m's Avoidd Unit idmfifid h S hW.QS3. Whin .d i. eoipmmam wild Oro mmol FPSC.epprovol cosh paemacn atmdamd dN Ce Cmpmy. Avoided Udt a d k d h Apymd. ll, a QS m.y ddamma d. eppliW* velar efddmd eW dty p t me esa®td wide ft CALCULATION OF VALUE OF DEFERRAL 003M A FPSC Rum 25.17AMS).p ir. em ,cidd q iy oaa ie dd, pa hbwdt per m.k esaiaod vihe uft add m eohlity by a QS p.ti d.0®pmy.Smndnd ORa Care "bedefmd.am yesrbyymvdmofddemidlhe Cempmy.Avobod Unit TheywNp o,l verve dddmel tld16e IbC 6Denoee w tevmm tegohemmh sssrismd with dderdag tlm CmpmJ. Av,add Unit oar yes, and �I he mlmhbdmfdbm: Vilmimemeymdef ml: VACe - ndlighm lhly wcfvmidedmpdrymdORK h dellen per hlowsa pa maM1x far each mmtli d yard K - pnam vale of aurin hmgc for me ddlm d fives ul ma L yeas wd =.M charges v mpamd u.ag mbeg mood nm hem.d e—, to he paid m the midden deed ymmd pnml valued tithe®deltadd,efim yar. R - (I- ip)I(I to le - bid dims ard ;Mirs can. in midyea ddhm pa hlindudmg AFUDC but excluding CVIIP. dlhe Cmpmy. Ateidd Ua Ath m inaervimdaredyem N including d almdfihle .d gamernbm ma mheog m Na mmut9m of Om Compmys Awidd Unit wfiieh world Me bm paid fid me Udl boar mmoad: Q - was find opaatm and mehleamim eapbm fir the ym e. m aodyor doRm pa bloadt per yes, of N. Cmnimys Avoided Unit iv - anaWc dedm nm aaeohmd withthe plmt mad aro CompmysAvoild Uni(.7 L - mind amhfi. mm esmdemd it Om opendm sd .6m expbu d Avoidd(h;(.k r - umud dvcrrml mm, ddad a Om a650 ma®mW oft l caad.*t&. L - eaI I l;f..fd.Cmpm)?s Molded Uni(.k and n - yar fm which Om Cmnpmy. Avaidd Unit(.) is (m) &f rvd sung Milt ih mlidpmed bt> rdm dm(f) and mdmg wish the tmnineOm or the C�pmys Cmtrat (Commend on Shea No. 10.709) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: May 22, 2007 ORDER NO. PSC -2017 -0278 -PAA -EQ • DOCKET NO. 20170077 -EQ PAGE 36 • (CONmod Oma Shad No. I0.)08) i ATTACHMENT A Ne coroi ny M b 4 firm efodb-orts r ,only orp uet0 the hsxlviof timeafthe con o ponces d lmixa) Aldsopttw the Cany.A my W, wlin6. early . fa mty espd0• fth. Q s rime apitd ma ao eeonmt of Cs wroesy o,dout own compo Avoided petit aeaingms"I b theid aroo dy comm mQS Odin. ttben tela pymmb fmmiyopfthe Q& am t.m waapmmt of espeib payments "I be paid monthly wmmmdngmesdia than the Capacity Delivery Duro of the QS and A.A. (1 +ip jr", +A"(1+lo f-", for m=trot 11 11 follows Whom M - monthly paytnats en be made b d cQS fm each month ofd. conteart year a. in 40on M m7oeee pr mwm in which QS ddi,. crivdb prmml to O.adyespdb Wim: y mood eacdadw rare acaodmd with the plat cow of d. C P.W. Molded U it(.X 6 emicw .. Won res mac ded wi0 the opmdm dmemtmmw even. of Ne Compya Avoided tkat(e)t re - yw for Idcb fee road vdvo of defend pa)mmb mda the curdy epndb oplhn as made to a QS, mottos m your ow and md'mg in dw yen t 1 • ft", in year% free Slmdmd ORa Cmbeat A. - F 1 (1 - Ry(1 - R ') / F " d. wmo6dve present slop in the year thin the wotrowal pymeeb will begs. of the avoded raidW amen componwl of wpdb payments whech would Iawe baa made had mpeib prymmu commenced wilt d.anu6pmd'nnaaviw dos of the CompmY"Awidod pedt(a) R - (1-ip)/(1-1) r - annus diawnlras. defend alae CompsYe maammd dla+otoonofwpid;and A. - G 1(1-R)r(1-R r)1 Wb.. O - The mmulodw prem) vdow m are ym ded O e wnaoauel pymalts.11 begin, of dM avvidel fixed operation and mamterawe epos, wmponeet ofeapecib ppaats Mich wadd have been medo bed mildly payments comraarced with d. anticipated ire ioc dere of Iha Compmy. Avoided UeX4 R (I- id) I(I-r) Thcwedndya.provd pemnaeri WPliabk mlbe ralmuloebotsmo Orad is Appendix IL (Commad on Shed No.10310) Issued by: S. E. Romig, Director, Rates and Tariffs E@ctPoe: May A ZO07 ORDER NO. PSC -2017 -0278 -PAA -EQ • DOCKET NO. 20170077 -EQ PAGE 37 • • (Corder eddam Shed No. 10-W I F r + O Pc s 11 1-(I+r)' ATTACHMENT A Whom Pc = Ne morrddy levd¢ed capacity paymem smthg an or prim to the in. savice dare of the Compm)k Avoided Unksl F d= crmndativo peau value, in die year that d= oonovmnl payments xag Agar, of d= avoided capita can canpomd of the capmlty payment+ Which would leave been omde had d= mpacily paymmts cat boom levdbA- r Me wnW dittrormt nm, defined as the C=*=Ys Ic mtmW alt,41 wet ofcapito, t antero inyeas, of d=Standard Od'aCmlrc O = thcmo:o* Goal operation aM eoomtmenec mmpmmt of dm copocily paymems, cdcalehd m aoxrdeem wide calculation ofd= fined value of deferral prymadv fm the krd6ed mpseity or d= only levd6nt capenity updom Issued hy: S. E Romig, Director, Rates and Terl(D EHectim May 22, 2007 • 0 ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE 38 FLORIDA POWER R LIGI FF COMPANY ATTACHMENT A 44niliF Ir.-rnth Revised Shat To. 10-111 Cancels A'iWhTrmh Revised Sheel No. 10.311 APPF.h'DIX 11 TO RATE SCHEDULE QS -2 AVOIDED UNIT INFORMATION The ComFmm''s A%oided Unit hal hsen dclernined In he a'1fNILfJ ADVGre*" CemhlnM C)lk Ilnll vrRh oo la+ervire date of Jum t. 341130:2 and n heat rote at 6�iMr2O. BIAW EXAMPLE STANDARD OFFI:R CONTRACT A VOIHI•T CAPACITY PAYNNIS FOR A CONTRACT TERM OP TN YEARS FROM 71n: IN-SERVICE I L11E OF 11 W AVOIDFU UNI r (S0:1V/AION Ill OP1ionA Oln:on11 (ryiionC Opti. 1) C41MM Yes Nnnal Cnrycite K h'Calarin' 1.roeluM Ctgxtdy Iatl.,I 'dLMCnprip' Dnmcnt Pmmml ISrmano ISnrnst 1nN+ m 1 - S f4&J.2? S 4a44g4: _ 3032 S an13t<� -:i '3a4 3 6.14 3013j S 1 *AQLh S - S ;-Q-qz' lalaj0j2 S_ - S_!a l•J,Sj' - S i4 -24M X30:2 s T.m.�s esa_—t _S 766 s 4.Ts 1 6-71 =4s0a 3 int sin 7036:14 3 ama�m F— 2M6 -As 3(✓a0_ �. _ E—AGC 2010 S "%2. 2031 S 4a44g4: _ 3032 S an13t<� -:i '3a4 oras FSTISIATED AS-AVAIIABLE ENERGY COST S i 7( S 496 3 406 S SAS— S AS—S Htas 16 S d-64 A 9;6 ,�4.1 9 PC S f••H}.Ne S 9347.44 $ 64h31� S (•sl£.i $ os6L S b"31.4i _ S 6ann},fx9 _ f- � -E---(;64 ,3 .66 3----6W -Ii j_..A.4] a v. SSCl For Infor ionaFPa1P tbcmoatn tolinmlMIncnmentgl Wedded energy mtafor the nesttm 3rnnvs01 heprmitlM addvin lhW(7D) dn3s afardtlrn re .L MiblATF.D U,iIT NELCOSIS (SAIMBm): Issued b3•: S. E. Romig, Director, Rates and Tariffs Effective: Seplember44r3616 Cl L, 0 ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE 39 FLORIDA POWER & LIGHT COMPANY ATTACHMENT A 46inlFnu h Re iced Sheet No. 10.311.1 Cancels Seeandl'hind Sheet No.10.311.1 Issued hp: S. E. Romig, Director, Rates and Tariffs Eff"tice: Sep a nA'er•33r2016 FINED\'ALOE OF OEPlR14\I.P.U']D:n-IS-\OH\LU. G11UCOl'f11'1'ION PARUD:ITRS l\'here, Inro ole,.,dd ml' Vnlne VAC,,, = Compala's value ofavoij"calnein' and U&NI. in dollars per kilmlalt Ix nxmdl. during=,.all m: S&7.011 E prY`ln wluc nfemniltrCluu@ars hn mac lbllnrnl'imemnullmvL Isms 1001 Cam'mg dont, s conpwkJ on", aceage nmlwl me ha�:unl a.wnd In Im lxlid at the midd eol'cah y� and poesent anlud In the middle of rile first year. 4a. isLzK� 1„ mwl dint and hAhcct L,Linnid-pw Mdhro M kilmwm includin; All JDC hot eschvfmg CWl l', of Ws Comlwrc',, A, oidol I Mil with on ia.,a icc dao ofycam. SW%-R7tf�%x O„ = toLilficad aTsratian lwJ nnhmmaMecaRnx. for dmymrn. inmid;andollars imrkil ..at, pa year. ofdm Comry m's Aloidd Unit 53381 J G ie anmwl cv-lL lion mmaaciald adlh the plmll eoA aflhc Colr�l;un"s AcniJJ lhliC hu+tel% L = mtlin'Ilacalallml mtc nC+ICInlM aailh the alLrnlhm 91d 11TJlnla'rC011i a'\p3l�C of aha' Company's Amkld Unil: 2 SON. r = anlwl docoola mm. Jdnladas lk Company's incmnenil rlfw-LT co,d of,*Ul. 3.142_172146 I. 15vlmd lif•of dm C ... g,lm Avoide-d llNc 2440 n yiwforwhich dm Conir"WsA, vidod Unit ndeli,,ad m+aialloilh n,,.H,vnl anticilm.1 in -.3 rktle malenling aaith RK lelniailinoflt. SwMIN(IRirCnntrlIl ;0;4n:, FIXED VALUE OF DEFERRAL PAYMENTS- EARLVCAPACU`Y OPTION PARAMETERS A. = mmoddl carycin'1wclM+nsNhnwdemthe QS amnhlgon dlCymrlhs QS clmL In Wad lmririrle aarlr ca,nutr ' 151I1M9N. in doll: s1q hiln+l'n111\n IInk11h. ip iaurwl Lw Ioionmtc msciatW I, ill, the plant meofthe C.anl.al sAloidd Unit: 4 aonool canlutilm mten,,,vinoW, ilh lam oparnlion and nwintm:mte o7vnw ofthe, ComiemYsAcoided Unit. 23MA n anu fn Which amh'mi+sily lvpmnls luu QS uM1 to ingul.(nl limakvlion ollk QS mdlmpoviremmmu ' Inn\'CI�IMImCC Mylltlkplln HIc aC11L11 m-LIT+'Kl`{hlk Of Iha'f�f Fellg Waldl,ek,.dI ,.1kipdd nM1RT'IG'Ih+i a•pf lam C(nn(wn\' <...lddlmll\ , F = dmCnn11Ja11+'a'pRYTt\'pllM ofdm n\b111<\IC]pILIIGNCOnIp+Ilnll,�feaplCll\'1aTnhmla ,,hi,h t\nuld IelctIcco nwdc had co CII\'paaT1aT11ttOnYIMnCCd \\'IRI dR•onlicljgld In'YYa•kc dms Mdo, Colnpbn''sAmidad llnil aka continud Jinn Rrio'I nC IU )'a^m W-IsAWA111.71 r - acool disown one. deliwd m'the Collpnn's ineaahrlla] nOe-he<nV ofmpiwl'. 1 = dm leva.ill h'ax. of dm Slandad(XTT Canlrml for We hada[c of Zinn cannily mo an:o'in ll.y., Iha QS cl \t3lp slad 0.CGIi' Cal)' coFKilf pso wnt, Jowl11111. in- e' we dao' of rix Cannon)'., Awidcd Uaii.. c = the coolol:dila•pM1V:m Colne fthe voi(txI R<d opaaalinn and maintma a e\pclla, Conlperent of mroch% Pnn.ds,,hlCh ovould I.,v lIxni a<k had capacity noymnlls ,I.olmlkd avith the amid'� hrm'icc dna ofthc Cmnlsan's A+oi&I UAL ad cunWluad 4n a paid of I0.1.ms S3Ff173110di • Froin AlTmdix E Issued hp: S. E. Romig, Director, Rates and Tariffs Eff"tice: Sep a nA'er•33r2016 ORDER NO. PSC -2017 -0278 -PAA -EQ • DOCKET NO. 20170077 -EQ PAGE 40 ATTACHMENT A Fifth Sixth Revised Sheet No. 10 312 FLORIDA POWER&LIGI IT COMPANY Cnncels FonHh Fifth Revised Sheet No. 10312 Romie. Director. Rates and Tariffs Effectivese9tembec13,10i6 ORDER NO. PSC -2017 -0278 -PAA -EQ • DOCKET NO. 20170077 -EQ PAGE 41 C E ATTACHMENT A Stand Revised Shat No, 10313 FLORIDA POWER & IAGHT COMPANY Canute Fine Revised Shat Na 10.313 APPFNOf%B TO THE STANDARD OFFER ODNTRACr FORTHE PURCHASEOFFHLM CAPACI YAND ENERGY FROM RENEWABLE ENERGY FACOITD'A OR QUALIFYING FACHA'r1ES WITH DFMGN CAPAaTY OF Ian KW OR LESS PAY FOR PERFORMAN6 FROVISIOM MONFHLYCAPACRY PAYMLTTGLNI.ATR)N I. Mmthty Cglcdq P.5.a(ML'P)fmmch Monthly Bdligg Pe(d owl hemepmed eamttiog mftfinnoaieg A lnmeamtOm Oicnmwl Ccrytity BiUmg Fxa CACBM=defmdbdew.uknhot Ba.4mmm Mmmly Capacity PymmtmoBhc dna Than ix MCP -a B. Inda, acat dw the ACBF in equal mmsnorer than 8044 tan 1m than 940A than the Moodily Capacity Rynxnt than be mknlaed bywwg thefdl.M.S muak: MCP - BCP. II x4x(ACSF-404)) xOC C mth amtthtl Ne ACBFuegvalmm®ma thco 9aM than ere Monthly Cepairy Aymmt rbeohmladtld by ustrlg thefallming [muds MCP-BCPxCC Wb. MCP - Mathly Capsirypaynooli d.1%. 'BCP - F)s Capadry Paymmlm SICWA(axM1 aapvifidmFPL1Rm &lasbrk QS2 CC - CommitdCeptityhl KW. ACBFprao- Annual Cap.ciry Baling Fada.ThhCabris mhumtcd asmg the l2 mooWrdm8.veageaf thoMooWY0eladry Fawn li TTea 13 math xdfmg avmye deo 2. ddmd ib 6c mm ou Oe 12 emrmxtiw Monthly Cspadry Finaxx .id, da, ce Moofdmhfinn,ariodei by 12. Dade fim12000mmbe Mad the Pdda mvmmekg wdth the fust Monthly Billing I4I, u which C (.) p .glh .i m h Bade, Ow cdmltlim i the Axumtl Copwiry ctor Fackrde8 hpafomdmfolbxs (Ocor, (b) fast Mml f cuing Paiod,theAmml Capacity Billing Factor shall be.ogW u the MamNy Capacity Factor, (b) Monthly the colmmfim of the Amear Mcaddy Billing FedordillheempludbyBhaingrava, the to ofnhcrby da, umeroEatonly during rimYearsMmWy Billing Rxiods al wtai "ICapacitybe pe)mma sA o h ado by an eviler d Monthly ti oro Paiodr ahkA have ekpsed Thucakuldmdculh perfumedo the cadngmdx Mmdhlym Cap Perim until encaor Monthly Baling Paiode a Fa deptd to onkWomv hue 12-imth rdlmg tyemgc o0 KV doo too Billing Factor. Periods mama .hiddin Facility exkmWmnlYsol its Coandnd Cepa(ryequal r.1cm0 KW dimeForts M.jamicotpumxmtm fwexim 16 tlollhmtlddfnmxthe epplimblempaciryfWormlcokdm. MCF - Maxthty Capacity Factor. Th mm of (i) the Handy FaMc of the Nm -Dispatch Hours plus (ii) the Hourly Factors orthe Dispatch Flan or the Hourly factors dlhebens ohm FPL rpa .td radical deUverim pt m Soudan SA.6 and 9.4.9 (Rduad Delivery Hour); di uHed by the number of boars in 0w Motility B.H.S Period. HFNDH - Hourly Famm ofd N.IXVatcb Hour. The many acdvd during rlw burr divided by the Carnations Capacity. For papaw of akuhtir, d. Hourly Factor of n H.Dispvah Hour the anergy re.dwd chef om acwd the Commincd C.pairy. HFDH - Hourly Factor of a Dispatch Hour or a Rdaad Ddiwry Flour. The vAduld coexgy received divided by the achduld magy rtpxmd For ryrymesdmlmlahgthe Hourly Fitmof. 0ispetch Hour mthe Fbvdy Fata ora Rdwd Odivay Hour the sohMldcoagy rmrivdandl om mead the adwdvld mergyrequeseed On -Pack Fkars Thom hoop occurring April 1 through Mabe 31 Monday. through Friday; fim 12 mom to 4.00 p.m. excluding Marcid Dry. Indcpcndcoce Day and Iahr Dry, and Nomnhr t through March 31 Mm M through Fridays rim 600 ..m. w 1000.m. and 6:00 pm to 1000 pm PM.Tin8 Eastern time awkSmg Thanksgiving Day, Christina Day and N. Yea. Dry. FPL thtll have the right to change audit Or- Peak Hours by providing an, QS e nrinimae of thirty calendar d*rs edvaaca nation. Mmthty Billing Th peridbegimirxgmthe batmlmderdey ofeseh mlmdarmmth,emcpt Net theinidd Monthly BilReg Paid Paid doll cmdstdthe paid bcginmng 1201 a m. an Ow Capacity Ddiwry Paid Doicand coding Mlh the ha elm&r d.y ofinch mouth SehMld Fimrgyad Dispatch I1ours.... dRmd in Soc im gA.7 ofthe Sanded OHa Cdtratt Issued by: S. E. Romig, Director, Rates and Tariffs Effeetim: August27,2015 ORDER NO. PSC -2017 -0278 -PAA -EQ • DOCKET NO. 20170077 -EQ PAGE 42 • 0 APPENDIX C TO TIIE FIMMARD OFFER CObfIRACT TERgIWATIONFEE ATTACHMENT A 11eTMvi.6. Fm shall by dro man of the whin fm cash nron0 beginning wi0 tho month In which the Cvpociy Ddimy Dam o.vn tbtmgh the month aftamivdion(or month ofadmlodes. m the mm my ba). omnp nd ammd'mg mom fallowing fosmuts: T..h.das Fee-Tesmimgen Fie eppgvMe to Clpsdly Payment Option plus Terndamdon FM eppllmble no Flud Firms Fansgy Options Nndonflon F,.visnosbkon C,M (MCP,- MCPCdx Pa with: MCPC,- 0 fm all periods prim b thein-mrvim done oftho Comryny's Awidd Unit i -numbor of de M.Uy Billing l4stad..sing with do Celody Udivay DW (i.... Ibc mon@ in which Capaclry Ddivay Oam aomn- I: the month (.hawing da month In which Copady Ddivey Dam aomn - y; aw) v theevmberd MwMy Billing Periods whkb hew elvgd from the month in which tion Capsciy Ddiwy Damoaonthmugbthemoochdmo sisan(mmonthofmlmldion,mtheeaemeybe) 1 - the fvmrt Wueofan omaant fidmnaes.ry bmmpadaxum mMibywthemnml pevmlege medmiwd will aged FPL's aammW after -la swiddma dm d(defend me m QS3} Fm anY Mondily O;Iling Paid msehleE MCPgis®mtathan MCP" t ahtli agent 1. MCPs- Mmthy Capmiry PeymmlpddbQ3 emsmpon6vgbme MomMy Billing Period Lealmmtdm eceoe, wim APPMd'ix B. MCPC.- M.,My CapWty PaYtvmt f.Opdon A omsespmd'mgb me Mmthy Biltm$ Paid i. nlcvlvtd in scm(dOlm widi QS -2 In Bic nentshat (many Monthy DigmgPedad, Ibeonmpumdm o[Oe WaeoflhaCepaciy Psymmt Termination Fm fm suet MantMy Billing Pmiod(m ra fxib abaw)yidds • cemecqud bon gmtlammt xao, ti...I ofine Capady Paymmt TmaimBm Fmshdl be inmaandby do anMlunl dsuch vabe. In tho cams Bsst for any Monthly Billing paid, do canpmatim of the Woo of de Copeciry PaMvin Tcs®oadam Fee fm amh Monthly Billing P.W I. ser frith sbaw) yid b a W. Ion ikon assn. do emamt of ft C.paciry Payment Tonminatian Fm shall be dmeasd by dm ammvt of such wme ex(wexd us a Peddw numb. (ibs "Iniad ReArtlian Valeo"} provided, hoses , drat sxh Imtml Rducti.t Value Adl be subjcet to the fdlmAng ajasonrnn(me mitW Rduedm Vsl ,e. wDuid, dro"Rdmtion Value"): n l ld. atmminftgTlk"Monthly Balling PedWthe Mmud Capeeity BiRingFWoc(ACBF).mddmedin AppendixBb Im than M croon tbo lebid Reducdm Varna shall be.tend b opd mm (Rduetlon Value -O} and the Cepodry P)snmt Tmvbedon Fa OWI mabe mduwd fwtbc "okabk MmtMy DdlhsgPaiod. b. In the evaa $Win the app(iuMc Mmt* Billing Period theAmad Cepady Billing Fmbr(ACBF} to ddmd in Appmdix Us e@W m or peamr then Mbut las than p]K. Nm the Rrduetion Value shall to deannib d as fall.. Rdoetim Value- Initial Rduetien Vamp x 10.07 x(ACBF-T!)) For d. applicable Monthly Billion Paid. 0. Taminsdon Fm 0.11 be sdumd by the umoual dwcb Rduaks, Vol. In no owns shell FPL W gable to Ne QS an any done for cry amount by which the c mcityI'eymmt Taninatiao Fee, djudd in e¢oNmm ssith the fomgvi�g, ie ion then sero (0). ddimod by Wd OS not roexmed dm MWB Issued bye S & Romig, Diredor, Rata and TorlHs FJTedhro: Mayu,wm ORDER NO. PSC -2017 -0278 -PAA -EQ . DOCKET NO. 20170077 -EQ PAGE 43 CJ 0 N�iL1 FLORIDA POWER & LIGHT COMPANY Original Sheet No. 10.315 APPENDIX TO THE STANDARD OFFER CONTRACT DETADBDPROJECf Rd'ORMATION Fsrb e[g(bleConaautratived by FPL will bcevalmtad to de =dit ifthe aodalyiug QSProjea h Rnmmluily and taim(mEy vioble The QS 4mil, to the ademaveilablet provide FPI. pith a detailed project proposal Which addncoesOrc inf umation raquatedbelow. L FACILITY DESCRIPTION • PmjmtNas • Project Location ♦ Street Add" • Sitc FbiPloa • Legal DewiptionofSite • Generating Technology • Facility Classification ( include types from Aside) • Primary Fuel • Alternate I=](ifapplicable) • Conmtittd Capacity • Expected lnSam Dote • St® Hog (for cogeneration facititim) ♦ Street Addl • Legal DescsipionofSte®t Host • 'Ho9'sennmitararntsga'venmh(lb*) • Concoct Person • individual's Name end Tile • Comieny Nerve • Address ♦ TdghDmNamba ♦ Tclecopy Number It PROTECT PARTICIPANTS • Indimte the entities nsponvble for We following project mamgenrnt activities and provide a deteld d sriplion of the agterimee ed capabilities of the emilh • Project lkvelopnent • Siting end Licensing the Facility • Designinglhe Facility ♦ Connmeting the Faci0ly, ♦ Searing tMFuel Supply • Ope"the Facility • Provide details on all clavical generation faciEtia which aro CurrerNy under construction or operational which wxrc developed by the QS. • Describe the financing swehue far lrcprojects identified above. vnhsding the type ofi'manciGg usKthe pemsmentflencing tum, the majm lendw, and the penweageofequity invetd a lbu nci d closing. (Continued on Sheet No. 10.316) Issued by: S. E. Romig, Director, Rets and Tariffs Effective: May21,2007 ORDER NO. PSC -2017 -0278 -PAA -EQ • DOCKET NO. 20170077 -EQ PAGE 44 0 (Continued from Short No. 10.315) Ila FUELSUPPLV ATTACHMENT A • Describe all fuels b be used to gaemk electricity m the Facility. Indicate the specific physical and ct=dml candnistim of arch fuel type (a.g.. Ban cament. scan, model, ash comm!, etc) Identity Spain! considerations regarding fuel apply origin. truce and handling, storage and processing modsemeas. • Provide-- fuel sagdsem:al (AFR) me* ms)• to support We requiavaas pmassa to Section 366.91. Florida Smoaes, and the plmmed keds of geneation and firt the assumptions used to dcuram these queatics. • provide a s ermary of to stew of the Nd apply aragements in place to mod gin ARFR in each year of the proposal operating fife of the Facility. Use the cmegoriesbelow to describe the correct asangemmt far mm* the AFP. Category Description offbelSupply Arrangement fuel is fact a fay developed owned= sourceawnedby ane ormoaofthe project participants cannot fully executed room fad cmaod costs hansom the devekpu(s)and fuel supplfer(s) fol= s later cricket far the red appy assts between devetopes(s) ad fuel applia(s) REF= renewable energy facility will hon biomev, wasto,a another renewable mama spot- fuel supply will be pmehmad an the spotmobd nae= an rum fuel supply mmngmseatcmrmdy in place other= fuel apply arrangement which does not fit my of &a above categories(pleme dnanbe) • Indicate the percentage of the Facility's AFR which is covered by the above Rd supply asaugeuem(s) fm each proposed opeating)•ear. The pmmtofAFR wvaadforeachomanins)'emnnsc mm110036 For Ntl apply arratieamtsideatiBed as mored, contract or LOI, provide documentation to support Uds mvgmy and explain the fact price ma marthm of the unnaganneut in dditim radion. whethermal the Rxlpriee includes delivery and, ifse, to whet location. • Describe Rod transportation networks available Ito dchwang all Iniwry ad somdaY Its In the Fafilty site. Indaate to modq rove ad distance of mch selpment of the jouruey. from Nei amce to the Fogy Facility site Discuss the amort saw ad pastiness factors ®paving fuberamiLabifity of the trmspormtion nmswL • Pmvide mood fuel traspvlation regahmenls (AF)R) necessary to support planned levels of gcnmvt oe and fel the assumptions mod to delesmve Nese qualities • provide o sonnmy of the saw of she fad transportation msangemmb in place to mod the AFIR in eech year of The proposed opeatiog life of the Fogy Facility. Use The categories below to describe The cumas arragement for securing The AFM owned- fuel Uomport vie afully developed system owned by one or more offs projatpaticipaw aware'= fully executed funs transportation canvas exists belxcen to developn(s) and fuel mVmta(s) IOD= a lederofintent for fad vmsput escs5 between developeh(s)ad And vmsryorter(s) spot= fad vasponalion will be pmrhamdan the spot contact none= an room fuel vanspoMtion artagemmt currently in place other= fuel vomponavononagesnent which doesnot fit My of the above asegmfrs(plema deanbe) • Indicate the parentage of the Facility's AFR which is covered by the above fuel apply auesge made) for arch proposed opavbmg yea. The parent ol'AFR covered fnreach opchmiag )'ear mus tota1100% Forfuel supply aragernahv idatiRed as owned, contact, or lel, provide Eauaamtion to support this category ad explain the transportation price nahmdm of the aragemenl. • Pmvidethemwdmum,mirdmm mdmcmge NelinmtorylevelstobcwdmWinedfffpimaryodeaodaryfmlsatte Facility site Lis the ammnptions used in determining the inventory levels. (Continued on Shed )h.10317) Issued by: S. 6. Romfg, Director, Rates and Tariffs Effective: May22.2007 ORDER NO. PSC -2017 -0278 -PAA -EQ . DOCKET NO. 20170077 -EQ PAGE 45 • • ATTACHMENT A FLORIDA POWER & LIGHT COMPANY Orlithad Sbcel N0,10317 (Confinud fmm Sheet No. 10316) FV. PLANT DLSPATCHAHIUrYfCONFROWBILIFY - • provide the following Operating chamtlaisrtm and adetailed explanation supporting line pmronnacecapabilities indicated • RaM14e(hlWhminule) • Feek Cgsibility(%above Comvdtid Capacity) • Mm®um powclevel I%ofComminerlCapacity) • Facility Ti maroud Tme Hot bHot (hours) • StmoupThm from Cold Sinadown (eme) • OultC)•dmg(IcycleW) • MW end WAR Control (AOC. Mannal, Odes (plm¢explain)) V. SITINGANDLICHNSING • provide a IieeveuQ/permiamg milestone w3dule which lists all permits, Ikemus ed variances required to site the Facility. Themilestoneschdi shallabo identify key vuleame darn for bazlme monitoring, application preiureboq egemy anmv, certification and lieaninghitiog board approval, and agency pennil issuance • Provide a IiundngrpanlitWg plan 00 addresses the Isom of air ®issim now use, wmsewater dlscbmge, wetlands, c dmugerd specks, Wotatd propertim solid waste, surrounding Ind u e, carting for the Facility, associad Haar facigdes, and st"cat of and opposition to the Facility. • List [be cmistiode0bumd dimhmgo limits 0m Facft will mmM and describe an demi) the pollution control oqukmmt to be used to mal throe 1®b VL FACRM DEVELOPMENT AND PERFORMANCE • SLbmit a deWW engineering, precumnml, combustion, amrrup and commercial ependioo whittle. The schedule sbail iande milestones for site acquisition, m8rmaing insists, selection of at ruajor a ialpment vendors, arcbilat mgira m, EPC contractor. ad Facility opmeta, exam has Wegmtion, and delivery ofmyjorequipment. A discussion of theeuurml stabs or catch milestone should abo be included where applicable. • Attach a diagmm of the power block m argemmt Pmvide a Em of the major equipnml vendors and the alma and model number of the majorequipmml to be bsifa0ad • Provide a deWTed descript oo of Uro propoad emironsrrmW control technology for dm Facft and describe the capabilities oflhe propme0 tecMromgy. • Attach p1di nimry Row diograma for the steam systmn, water system, and fuel system, and amain electrical cm Sum diagram, lalheracilty. • Stale the expected I nib ram (HHV) at 75 degrees FaWmheit for loads of tom 7514, and 50%. In addition, attach e prel hrdmry hest belmra fm xhe FaciOty. • (NOTE: told my requirmmts related to demomtrating dot the facility nab the mqusamenb under the dame a applicable mica] (fkntbmed on Shur No. 10.318) Issued by: S. E. Romig, Director, Rates and Tariffs Effective: May23,2007 �J • ORDER NO. PSC -2017 -0278 -PAA -EQ DOCKET NO. 20170077 -EQ PAGE 46 P r11 11:1 0 it a;iS9 al lryii lN16i%101 (Continued from Shec1 No. 10.117) ATTACHMENT A V6 F94ANCUL .• Provide RL with emmnco 0d the proposed QS project is fmmciatty viable comistet with FPSC Rote 25-17.0832(4) (c) by attaching o detailed pm-formn ash flow analysis The pro•l and dnN include, at a minbmmn, the following amaptioa faemhyear ofthe project . • AramlPojatitcvauo • Capacity Poyments(S and SIKWIMo). • Variable O&M (S and SIMWh) • Emagy(S and VMWh) • Stamm Revertuea (S and eMb. ) • ripping Fees (S and S/tnn) imeres Inane • OtMRevenues- • Variable ORM FJalatiam (96Iyr) • Eaagy Fsadislion rA/yr) • Susan Esealelim(%lyr) • Tipping Fm Etalaiion(%6 T) • Anal FrojectExpenep • Fixed O&M (S adSIKINNo) • Variable ORM (S and&UM) • Esnrgy(Send S/MWh) • liopety7'aom(S) • Irniuence (f) • Emission Cempliance(i and VMWh) • Depuedation(S and Sflyr) • 011WEpemvs(S) . • FixedOWEscadetionMr) • Variable ORM Fsaldion(%yr) • BWV Escalation(SNyr) • OWa Projectwonnation • Installed Cost of the Energy Fertility (Smid SIM) • CommittedCepmiry(KW) • Average Hat Rees-HHV(MBTU/KWb) Federal Immune Tax Rate (96) • Fxility, Capacity Faster (%) • Ewa Sold to FPL(MWH) • PerrmunnlFhummg • I'ermanal Firming Tam (yrs) • Frosmatom(peaamof e-amdeM,mvezm 4mdegoiry) • aimingosts(wttofbag-lam, debt, subod'me(aldeb, taxexempt ddr, andeguity) • Amndl Interest Fxpaae • Amnd DebtSavice(S) • Amortization, scboduk(teci mugbdena,summiteryane, principal reduction, ending balance) • Provide details ofua fmancingpbn for the project and Indicate wbdha the project will 6emmxomcpvojat fismeed, crit ui0 not bepmjed finenoed planar explain the elte tudive fvwsing artengmant • Submit fmmteial sleanWs fathchWtwoycrosmthepdmipeisofucprojecL adprovidean ObAnlim Drum Waael issued by: S. R. Romig, Director, Rates and Tariffs Fff ctin: May 22, 2007 ORDER NO. PSC -2017 -0278 -PAA -EQ • DOCKET NO. 20170077 -EQ PAGE 47 • • ATTACHMENT A FLORIDA POWER & LIGHT COMPANY OAgiml SbdtNo. 10319 APPENDIX E TOTHESTANDARD OFFER CONTRACT CONTRACT OF TIONSTO BE SELECTED BY QS Term of Can Eseeutiondete Temmution date Errn Canadd Rand Canmv>uxnxN data for delivxafes of Firm Energy and Capacity Capacity Payment Option Selected (from available Opsiom A duougb E) If Optim E issolmwd proposed payment mt . : Schedule of Capacity Payments to be provided by the Company based an applicable parameters follows: YM S/KW/Mmth Emerson, Rates Energy payment Options selected applicable to energy produoed by the QS and delivered to the Company (from available Option A or B and D) Select from Option A or B And Select 1) If Option D is slatedby the QS; the Company andthe QS mentally agrdon fixing ord nmortizmg the following portion of the Bax Energy Cons associated with the Avoided Unit % which yields MNH Projected Energy Cost of Energy Produced by Avoided Unit (provided by ft Company): Protected Fixed Emmee Cast fin Cents1K WH or in Dollsol' Based on the projections of Energy Costs Produced by the Avoided Unit and the mumeg' agreed upon Portion of the Base Energy Cons associated with the Avoided Unit the Fixed Energy Payment shell be S/MWH or !l— (as applicable). lured by: S. E. Romig, Director, Rates odd Tariffs Effective: May 22,2007- FILED 7/24/2017 DOCUMENT NO. 06157-2017 ;FPSC_-COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION i ✓f, 071 In re: Petition for approval of revised 11 DOCKET NO. 20170069 -El r O� underground residential distribution tariffs, by ORDER NO. PSC -2017 -0283 -TRF -EI Duke Energy Florida, LLC. ISSUED: July 24, 2017 The following Commissioners participated in the disposition of this matter: JULIE 1. BROWN, Chairman ART GRAHAM RONALD A. BRISE DONALD J.POLMANN ORDER APPROVING REVISED UNDERGROUND RESIDENTIAL DISTRIBUTION TARIFFS BY THE COMMISSION: Background • On March 30, 2017, Duke Energy Florida, LLC (Duke or Company) filed a petition for approval of revisions to its underground residential distribution (URD) tariffs. The URD tariffs apply to new residential subdivisions and represent the additional costs Duke incurs to provide underground distribution service in place of overhead service. The proposed (legislative version) URD tariffs are contained in Attachment A of this Order. Duke's current charges were approved in Order No. PSC -14 -0396 -TRF -El (2014 Order).' This Commission suspended Duke's proposed tariffs in Order No. PSC -17 -0166 -PCO - El .2 Duke responded to Commission staffs first data request on May 16, 2017. We have jurisdiction over this matter pursuant to Sections 366.03, 366.04, 366.05, and 366.06,Florida Statutes (F.S.). Decision Rule 25-6.078, Florida Administrative Code (F.A.C.), defines investor-owned utilities' (IOU) responsibilities for filing updated URD tariffs. Duke has filed the instant petition pursuant to subsection (3) of the rule, which requires IOUs to file supporting data and analyses for URD tariffs at least once every three years. Order No. PSC -14 -0396 -TRF -El, issued July 31, 2014, in Docket No. 140067 -EI, In re: Petition for approval of revised underground distribution tariffs. by Duke Energy Florida. Inc. z Order No. PSC -17 -0166 -PCO -EI, issued May 11, 2017, in Docket No. 170069 -EI, In re: Petition for approval of revised underground residential distribution tariffs. by Duke Energy Florida. Inc ORDER NO. PSC -2017 -0283 -TRF -EI DOCKET NO. 20170069 -EI • PAGE • The URD tariffs provide standard charges for underground service in new residential subdivisions and represent the additional costs, if any, the utility incurs to provide underground service in place of standard overhead service. The cost of standard overhead construction is recovered through base rates from all ratepayers. In lieu of overhead construction, customers have the option of requesting underground facilities. Any additional cost is paid by the customer as contribution -in -aid -of construction (CIAC). Typically, the URD customer is the developer of a subdivision. Traditionally, three standard model subdivision designs have been the basis upon which each IOU submits URD tariff changes for Commission approval: low density, high density, and a high density subdivision where dwelling units take service at ganged meter pedestals (groups of meters at the same physical location). Examples of this last subdivision type include mobile home and recreational vehicle parks. While actual construction may differ from the model subdivisions, the model subdivisions are designed to reflect average overhead and underground subdivisions. Table 1 shows the current and proposed URD differentials for the low density, high, density, and ganged meter subdivisions. The charges shown are per -lot charges. Table 1 Comaarison of URD Differential Der Lot Current Differential Proposed Differential Low Density $768 $694 High Density $459 $403 Ganged Meter $211 $158 Source: 2014 Order and 2017 Petition As shown in Table 1, the proposed URD differentials show a decrease for all model subdivisions. The calculations of the proposed URD charges include updated labor and material costs, as well as updated operational costs. Updated Labor and Material Costs The installation costs of both overhead and underground facilities include the labor and material costs to provide primary, secondary, and service distribution lines, as well as transformers. The cost to provide overhead service also includes poles. The cost to provide underground service includes the cost of trenching and backfilling. Duke reevaluated each subdivision design to determine if the designs still met current construction standards for the National Electric Safety Code (NESC) and Duke. According to Duke, all subdivision designs had minor modifications to meet NESC and Duke standards. Duke reported that it upgraded certain padmounted transformers in the underground designs, resulting in a minor increase in the differential cost. 0 ' $694 is calculated as follows: $408 (Table 2) + $286 (Table 3) = $694. ORDER NO. PSC -2017 -0283 -TRF -EI DOCKET NO. 20170069 -El • PAGE 3 Labor and material costs decreased from 2014 to 2017. Duke explained that material costs have fluctuated marginally, i.e., plus or minus five percent; thus, the decrease in labor cost is the primary driver in cost reduction. Overhead construction continues to be performed by Duke employees and underground construction continues to be performed by contractors. Labor rates for Duke employees have remained relatively flat; the decrease is due to a decrease in Duke's other (i.e., non -pension) post -employment benefit plan. Other post -employment benefits do not include pension, but may include healthcare or life insurance premiums. In response to Commission staffs data request, Duke explained that its predecessor company's (Progress Energy Florida, Inc.) benefit plan was harmonized, i.e., blended, with Duke's plan, resulting in a plan amendment which reduced benefits for a four-year period beginning in the fourth quarter of 2014. Contractor labor costs decreased due to the move from hourly pricing to unit -based pricing. Duke explained that hourly pricing compensates contractors for the duration to complete the work, including, for example, any unforeseen delays. Under unit -based pricing, contractors are compensated based on fixed prices for specific work; therefore, contractors absorb the cost of any unforeseen delays. Loading factors decreased from 2014 to 2017. The Design and Project Management loading factor decreased from 17.90 to 13.90 percent of labor. The Management and Supervision loading factor decreased from 35.67 to 28.86 percent of labor. Both factors decreased because • the investment in distribution costs increased at a greater rate than the actual management and supervision costs. Table 2 below compares total 2014 and 2017 labor and material costs for the three subdivisions. As Table 2 shows, the total labor and material cost differentials decreased for all three model subdivisions because the cost of underground construction decreased at a greater rate than the cost of overhead construction. Table 2 Labor and Material Costs per Lot Source: 2014 Order and 2017 Petition • 2014 Costs 2017 Costs Difference Low Density Underground Labor/material Costs $1,654 $1,477 ($177) Overhead Labor/material Costs $1,168 $1,069 $99 Per lot Differential $486 $408 ($78 High Density Underground Labor/material Costs $1,309 $1,181 $128) Overhead Labor/material Costs $946 $865 $81 Per lot Differential $363 $316 $47 Ganged Meter Underground Labor/material Costs $753 $686 ($67 Overhead Labor/material Costs $627 $609 $18 Per lot Differential $126 $77 ($49) Source: 2014 Order and 2017 Petition • ORDER NO. PSC -2017 -0283 -TRF -El DOCKET NO. 20170069 -El • PAGE 4 Updated Operational Costs Rule 25-6.078(4), F.A.C., requires that the differences in net present value (NPV) of operational costs between overhead and underground systems, including average historical storm restoration costs over the life of the facilities, be included in the URD charge. The inclusion of the operational cost is intended to capture longer term costs and benefits of undergrounding. Operational costs include operations and maintenance costs and capital costs and represent the cost differential between maintaining and operating an underground versus an overhead system over the life of the facilities. The inclusion of the storm restoration cost in the URD differential lowers the differential, since an underground distribution system generally incurs less damage than an overhead system as a result of a storm, and therefore, less restoration costs when compared to an overhead system. Duke's operational costs, last updated for the 2014 filing, represent a five-year average (2012 — 2016). The methodology used by Duke in this filing for calculating the NPV of operational costs was approved in Order No. PSC -12 -0348 -TRF -E1.4 Duke's NPV calculation used a 34 -year life of the facilities and a 6.80 percent discount rate. We note that operational costs may vary among IOUs as a result of differences in size of service territory, miles of coastline, regions subject to extreme winds, age of the distribution system, or construction standards. Table 3 below compares the 2014 and 2017 NPV calculations of operational and storm • restoration cost differentials between overhead and underground systems on a per lot basis. As Table 3 shows, there are minor differences in the differentials from 2014 to 2017. Table 3 NPV of Operational Costs Differential ner Lot Source: 2014 and 2017 Petitions " Order No. PSC -12 -0348 -TRF -El, issued July 5, 2012, in Docket No. 110293-E1, In re: Petition for approval of • revised underground residential distribution tariffs. by Progress Energy Florida. Inc 2014 Calculation 2017 Calculation Difference Low Density Underground NPV - Operational Costs $1,022 $1,189 $167 Overhead NPV - Operational Costs $741 $903 $162 Per lot Differential $282 $286 $4 High Density Underground NPV - Operational Costs $520 $605 $85 Overhead NPV - Op erational Costs $424 $517 $93 Per lot Differential $96 $87 ($9) Ganged Meter Underground NPV - Operational Costs $400 $466 $66 Overhead NPV - Operational Costs $315 $385 $70 Per lot Differential $85 $81 ($4 Source: 2014 and 2017 Petitions " Order No. PSC -12 -0348 -TRF -El, issued July 5, 2012, in Docket No. 110293-E1, In re: Petition for approval of • revised underground residential distribution tariffs. by Progress Energy Florida. Inc ORDER NO. PSC -2017 -0283 -TRF -EI DOCKET NO. 20170069 -EI • PAGES Other Proposed Tariff Changes • In addition to the proposed tariff changes discussed above, Duke proposed modifications to the charges and credits for feeder mains within the subdivision, customer -provided trenching and backfilling, new underground service laterals from overhead distribution systems, and for the conversion of existing service laterals from overhead to underground. Factors which contributed to the changes include the updated labor and material charges. In addition, Duke proposed a change in language in the construction contract's facility charge from cost -specific information to a description of the costs themselves. Conclusion This Commission has reviewed Duke's proposed URD tariffs and associated charges, its accompanying work papers, and its responses to Commission staff's data request. We find that the proposed URD tariffs and associated charges are reasonable. Therefore, Duke's proposed URD tariffs and associated charges as shown in Attachment A are hereby approved, effective July 13, 2017. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that Duke Energy Florida, LLC's • proposed underground residential distribution tariffs and associated charges, as discussed in the body of this Order, are hereby approved. It is further ORDERED that the effective date of Duke Energy Florida, LLC's tariff revisions shall be July 13, 2017. It is further ORDERED that if a protest is filed within 21 days of issuance of the Order, the tariffs shall remain in effect, with any revenues held subject to refund, pending resolution of the protest. • It is further ORDERED that if no timely protest is filed, this docket shall be closed upon the issuance of a Consummating Order. 0 ORDER NO: PSC -2017 -0283 -TRF -E1 • DOCKET NO. 20170069 -El PAGE 6 • By ORDER of the Florida Public Service:Commission this 24th day of Jam, 2017. &.l.Of1t'i.. �94a."4=Ltw CARLOTTAS.STAUFFER Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.8oridapsexom Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. • NOTICE OF FURTHER PROCEEDINGS The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative, hearing or judicial review will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect.a substantially interested person's right to a.hearing. The Commission's decision on this tariff is interim in nature and will become final, unless a person whose substantial interests are affected by the proposed action files a petition for a formal proceeding, in the form provided by Rule 28-106.201, Florida Administrative Code. This petition must be received by the Office of Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on August 14, 2017. In the absence of such a petition, this Order shall become final and effective upon the. issuance of a Consummating Order. Any objection or protest filed in this docket before the issuance date of this order is considered abandoned unless it satisfies the foregoing conditions and is renewed within the specified protest period. 0 • 9 • • r� ORDER NO. PSC -2017 -0283 -TRF -E1 DOCKET NO. 20170069-E] PAGE 7 j•9 DUKE ENERGY. (2) Canin'bution by Applicant (a) Schedule of Charges: Attachment A Page 1 of 4 SECRON NO. IV iIG14[LGGW{y)NF REVISER SNEETNO.atu CANCELS SEVMDEEt✓�EIGHTEENTH REVISED SHEET NO- 4.113 Company standard designunderground residential drs}rbubw 12D240 volt single-phase service (see also Part 11.03(7)): To subdivisions with a density of 1.0 or more but less than suc(5) dwelfng units per acre- ................... ...... ..... _... $78gP�A0 perdweling unit To subdivisions with a denary of six(8)or more __ dwelling units per am ... .................... .... ._.......................................... _S4f-MU0 per dwelfmg and To subdivisions with a density of six (8) or more dwelling units par acre taking service at ganged meter pedestals ........................................................... U"15BA0 per dwedag umt To rrx/ti-occupancy buildings ....._.___._---- - ... .......... ...... ___............... See Pan 11.08(2) (b) The above costs are based upon arrangements Brat will permit serving the local underground distribution system within the subdivision from overhead feeder rains. If feeder mains within the subdivision are deemed necessary by the Company to provide andfor maintain adequate service and are required by Bre Applicard or a governmental agency to be installed underground, the Applicant shall pay the Company the average differential cost between such underground feeder matin withm the subdivision and equivalent overhead feeder mains as tallows: Three-phase primary main or feeder lunge per trench -foot within subdivision: (U.G. - Underground, O.H. - Overhead) #IfDAWG U.G. vs. #V0 AWG O.H...... ..... ...... ......... ....... _.- ............... S24C3.02w fad 500 MCM U.G. vs. 338 MCM O.H........ ................................ - .......... _ Sl l.4?¢�per foot 1808 MCM U.G. vs. 705 MCM CA- --------- __.._......... .... _.... ................. 312AII55per foot The above costs are based on underground feeder construction using the direct burial method. If conduit is required. the follovnrg additional durge(s)win apply. 2 inch wmdud......................... .......................................... ..................... S 43, -,-toper foot d inch conduit _...._._........................................_........_.._........_.._._.....35.253.-�erfoot 6 inch condud........ ................ _............. ..... ._..................... ................. Si.:Cv_6rfood Cable pulling - single phase... .... _._.........._._................................. �rfooi _... SLGi 7.7 Cable pulling -3 phase small vrim............... _....._.................................SL.4Z;.76perfooi Cade pulling -3 phasefeeder .............. --- ....... .__............................ S2GC22�r foot The above costs do not require the use of pad-rtoumed svntcgear(sj terminal pole(s), pull boxes or feeder spices. If such faaTiBes are required. a differential cost for same will be determined by the Company on an individual basis and added to charges determined above. (c) � (� t ..mead rat pedes trendring5and badddling for the usal costs" stalled above) e be of thelo or vnhere, ac mutual rg C e company's y's facilities in lea i a portion of the cash payment described above. These credits, basad on She Companys design drawings. are: Primary anNcv Secondary SWems, for each Fad of Trench. ..... .......... ................................................. S2 -8g }, Service Laterals. foreacli FoctofTie cl-...._........ .......... _.... .......... _............ _.... _....... _.._52-0gj,$}, ISSUED BY: Javier J. Portuordo, Dkeetor, Rates 8 Regulatory Strategy -FL EFFECTIVE wtyu,,wi (Continued an Ned Page) • Cl • 0 ORDER NO. PSC -2017 -0283 -TRF -EI DOCKET NO. 20170069 -EI PAGE 8 ft DUKE ENERGY. (3) Point of Delivery. Attachment A Page 2 of 4 SECTION NO. IV ELQ19EUMF&4QQW"REVISE3SHEET ND- 4.114 CAMELS S7X1EENatSEV1ENTEENIH REVISED SHEET NO. 4.114 The point of delivery shall be determined by the Company and will be on the front half of the side of the building that is nearest the pant at wAixlh the underground secondary electric supply is available to the property. The Company roll not install a service on the opposite side of the building wh _._ the underground secondary electric supply is available to the property. The point of deSvery min only be snowed on the mar of the building by special exception. The Applicant shall pay the estimated full cost of service lateral length required or excess of that which would have been needed to reach the Compwys designated point of service. (4) Location of Meta and Socket The Applicant shall install a meter socket at the pant designated by the Company in accordance with the Carparrys specEcaSons. Every effort shall be made to locate the meta socket in unobstructed areas in order that the meter con be read wrt'J=t going through fences, etc. (5) Development dSubdivisiors: The above charges are based on reasonably full use of the land being developed. Where the Company y is mcnvred to construct underground electric fadGfies through a section or sections of the subdivision or development wdmre service will not be inquired for at least two (2) years, the Company may require a deposit from the Applicant before construction is commenced. This deposit, to guarantee performance, will be based on the estimated total cost of such facilities rather than the differential cost. The amount of the deposit, wr0hout interest on excess of any charges for underground service will be returned on the Applicant on a prorara basis at quarterly intervals on the basis of InstaOatiarss to new customers. Any portion of such deposit remaining rnrefunded, after file (5) years from the date the Cortlpa y is first ready to rerrJa service from the extension. will be retained by the company. (e) Relocation o'Remevat of Elating Facilities: g the Company is required to relocate or remove ensfing overhead andlor underground distribution facilities in the implementation of these Rules, all costs thereof shall be home exclusively by foe ApplicarrL These costs shall include costs of relocation or removal, the in-place value (less salvage) of the facilities so removed, and arty additional costs due to existing landscaping, pavement or unusual conditions. (7) other Provisions: If soil compaction is required by the Applicant at locations where Company benching is done, an additional charge may be added to the charges set forth in this tariff. The charge w.11 be eslimated based aro the Applicant's compaction specifmations. 11.04 UNDERGROUND SERVICE LATERALS FROM OVERHEAD (1) NewUnderghnnnd Service laterals: SYSTEMS. When requested by the Applicant, the Company will install underground service laterals from overhead systems to newly constructed residential buildwgs containing less than foe (5) separate dwelling units. (2) Contribution by Applicant (a) The Applicant shall pay the Company the following average differential cost between an overhead service and an underground service lateral. For Service tate al upto uc. rA For each foot overfill feet up to 300 teat_........................_.....S0.0 per That Service laterals in .mess of 300 feet shell be based on a specific cost estimate. (b) Credits win be allowed where, by mutual agreement, the Applbant pro ides trenching and backfil[ing in accordance with the Company specifications and for the use of the Company facdRies, in lift of a portion of the cash payment described above. These credits, based on the Companys design drawings, am as follows: For each Foot ................ ............... S 41.B .Sl The provisions of Paragraphs 11.03(3) and 11.03(4) are also applicable. ISSUEDBY: Javier J. Porbiondo,Director, Rates& Regulatory Strategy—FL EFFECTIVE SOw74id • U • • ORDER NO. PSC -2017 -0283 -TRF -El DOCKET NO. 20170069 -El PAGE 9 (� DUKE ENERGY. 11.05 UNDERGROUND SERVICE LATERALS Attachment A Page 3 of SECTION NO.N $li1�t@l REVISED SHEET NO. 4.1`15 CANCELS SEEM HSEVENTEENTH REVISED SHIT NO. 4.1115 OVERHEAD SERVICES: AppfirabSdy When requested by the Applicant the Company will install underground service laterals from e>osting overhead fines as replacements for ensCng overhead services to exiling residential buildings containing less than five (5) separate chwEng units. Rearrangement of Service Entrance: The Applicant stall be responsible for any necessary marangirg of his ersti g electric service entrance facilities to accormtodale the proposed underground service lateral in accordance with the Company's specifications. Trenching: The Applicant shall also provide. at no cost to the Company, a suitable trench and perform the b3cMing and any Lardscapr g, pavement, or other suitable repairs. If the Applicant requests Ore Company to supply ft trench or rerr oae any additional equipmerd other than the Service Lateral, the charge to the Applicant for this work shall be based on aspecific cost estonate. Contribution by Applicant The charge excluding trenchlrQ costs shag be as follows For Service Lateral ......... ............................................... _......... _._..... .............. SeT.3;;40D per service 11.06 UNDERGROUND DISTRIBUTION FACILITIES TO 6RILTIPLE-OCCUPANCY RESIDENTIAL BUILDINGS: (1) Awilabifidy. Underground d electric distribution facilities may be Installed within the tract of land upon which multiple - occupancy residential buildings containing five (5) er r om separate dwelling units will be constructed. (2) Conbib ton by Applicant There will be no contribution from the Apploant so long as the Canpany is free to construct the extension in the most economical manner, and reasonably full use is made of the tract of land upon which the mulApte coauparwy buildings will be constructed. Other conditions will requirea contribution from the Applicant. (3) Responsibility of Applicant: (a) Fumish de`a0s and specifications of the proposed building or complex ot buildings. The Corpanywi0 use these in the design of the electric dstrfbution faa ties required to render service. (b) Where the Campany determines Ota, transformers am to be Iocaled Inside the balding. the Applicant shall provide: i. The vadt or vwAs necessary for (e transformers and the associated equipment, including the venala5on egaipmem. ii. The necessary raceways or conduit for Che Comparys supply cables from the vauk or vaults to a suitable point five (5) feet outside the building in aerndance with the Company`s pians and spedSrations. in. Conduits underneath all buuildingswhen required for the Company's supply cables. Such conduits shall extend fere (5) feet beyond the edge of the buddingsforjoining to the Company's facilities. H. The service entrance condudrns and raceways from the Applicants service equipment to the designated point of deliverywit in the vau1L ISSUED BY: JavierJ. Portuondo, Director, Rates 8 Regulatory Strategy — FL EFFECTIVE: JWy 30+.3Gii (Continued on Next Page) 11 0 • ORDER NO. PSC -2017 -0283 -TRF -EI DOCKET NO. 20170069 -El PAGE 10 �. DUKE ENERGY. 12.05 CONSTRUCTION CONTRACT: (1) GENERAL: SECTION NO.N S90UMLSpmtREVISED SHEET NO. 4.122 CANCELS SOCIHgFM REVISED SHEET NO. t'122 Attachment A Page 4 of 4 Upon acceptance by the Applcantofthe binding cost estimate, the Applicant shall emcute a contract with the Comparry to perform the construction d the underground distribution facilities. The contract shat) specify the type and character of system to be provided: establish the Facility Charge to be paid by Applicant prior to commencement of coresbuction: specify details of mnslmc5en to be performed by Applicant H any,, arch atldiess any other pertinent temp and conditions including those described in Part (4) below. (2) FACILMYCHARGE: Charge= Reniinhhg net book value of ebsdng overhead facAfies to be removed: plus, removal mgt of e)dsbng overhead facilites: minus, salvage value of eAsUng overhead facilities: plus. estimated tonsttc5on cost of undergmund facilites motuding underground service lalerabto residential customers meters rix point of delivery far general service astmers: minus, estimated co stlicbm cost of oveibead facilites including overhead service drops to csbrner a meters: minus, qualifying binding cost estimate fee. lushriinus _ fa. iL^'i Ti" ail' W _fhe net present vale of the fdegde Operational costs differentia inducting storm restoration. 3) CONSTRUCT101413YAPPLICANT If agreed upon by both the Applicant and the Comparry, the Applicant may construct or instat pardons of the underground system as long as such v rk meets the Con panl/s engineering and consbuction stxMards. The Company wA own and maintain the completed d 5bribufion facilities upon accepting the system as operational. The type of systam provided wiff be determined by the Company's standards. Any facilities pmided bylhe Applinardvdllbe inspected by Ccmpanyinipecto= prortoaoceptance. Any deficiencies dscovered as a resuh of these inspections WIT be corrected try the Applicant at his sole expense, indudag the casts maned byper(ernrrg the inspediars. Corrections roust be made in a timely manner by the Applm mt ethemise the Comparry hurl undertake the correction and bill the Applicant for all costs of such correction. These costs shall be additional to the original binding estimate. ISSUED BY: Javier J. Portuondo, Director, Rates 8 Regulatory Strategy — FL EFFECTIVE: FILED 8/8/2017 DOCUMENT NO. 06659-2017 FPSC_- COMMISSION CLERK(i • BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION Ji i'1-N&I In re: Petition for determination under Rule 25- DOCKET NO. 20170148 -EI 6.115, F.A.C., and approval of associated ORDER NO. PSC -2017 -0316 -PCO -EI r7 10 revised tariff sheet 6.300, by Florida Power & ISSUED: August 8, 2017 Light Company. g// Jr//rl The following Commissioners participated in the disposition of this matter: JULIE 1. BROWN, Chairman ART GRAHAM RONALD A. BRISE DONALD J.POLMANN ORDER SUSPENDING FLORIDA POWER & LIGHT COMPANY'S REVISED TARIFF SHEET 6.300 BY THE COMMISSION: BACKGROUND On June 23, 2017, Florida Power & Light Company (FPL) filed a petition for approval for a determination under Rule 25-6.115(12), Florida Administrative Code (F.A.C.), that FPL may, under defined circumstances, exclude the applicants' underground conversion contribution • in aid of construction (CIAC) amount as specified in Rule 25-6.115(8)(b), F.A.C. Rule 25-6.115, F.A.C., and FPL's tariff provide the terms under which applicants are to pay a CIAC for the conversion of existing overhead distribution facilities to underground. FPL tariff sheet 6.300 provides the formula for the calculation of the CIAC. One component of the CIAC calculation is specified in paragraph (8)(b) of the rule and requires FPL to recover the value of the existing facilities (net book value of facilities minus their estimated salvage value) from the applicant. Paragraph (12) of the rule allows a utility to waive all or any portion of the cost for providing underground facilities. If the utility waives any charge, the utility is required to reduce net plant in service unless we determine that there is a quantifiable benefit to the general body of ratepayers commensurate with the waived charge. FPL requests that we determine that there are quantifiable benefits to the general body of ratepayers from the exclusion of the existing non -storm hardened facilities cost from the CIAC calculation for underground conversions and seeks approval of its revised tariff sheet 6.300. We have jurisdiction over this matter pursuant to Sections 366.03, 366.04, 366.05, and 366.06, Florida Statutes (F.S.). DECISION Pursuant to Section 366.06(3), F.S., this Commission may withhold consent to the operation of all or any portion of a new rate schedule, delivering to the utility requesting such a change, a reason, or written statement of a good cause for doing so within 60 days. We find that additional time is required for Commission staff to thoroughly review the petition and gather all pertinent information for our consideration in determining whether it is in the general body of l ORDER NO. PSC -2017 -0316 -PCO -EI DOCKET NO. 20170148-E1 • PAGE ratepayers' best interest for a portion of the cost for providing underground facilities to be waived as requested by FPL. Based on the above, it is ORDERED by the Florida Public Service Commission that Florida Power & Light Company's revisions to Tariff Sheet No. 6.300 are suspended pending further review. It is further ORDERED that this docket shall remain open pending this Commission's decision on the proposed revisions to Tariff Sheet No. 6.300. By ORDER of the Florida Public Service Commission this 8th day of August, 2017. • SBr c�J ka. :�Qu-'�I�- CARLOTTAS.STAUFFER Commission Clerk Florida Public Service Commission 2540 Shumard Oak Boulevard Tallahassee, Florida 32399 (850) 413-6770 www.floridapsc.com Copies furnished: A copy of this document is provided to the parties of record at the time of issuance and, if applicable, interested persons. NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any administrative hearing or judicial review of Commission orders. that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for an administrative hearing or judicial review will be granted or result in the relief sought. Mediation may be available on a case-by-case basis. If mediation is conducted, it does not affect a substantially interested person's right to a hearing. is l ORDER NO. PSC -2017 -0316 -PCO -EI DOCKET NO. 20170148-E1 • PAGE Any party adversely affected by this order, which is preliminary, procedural or intermediate in nature, may request: (1) reconsideration within 10 days pursuant to Rule 25- 22.0376, Florida Administrative Code; or (2) judicial review by the Florida Supreme Court, in the case of an electric, gas or telephone utility, or the First District Court of Appeal, in the case of a water or wastewater utility. A motion for reconsideration shall be filed with the Office of Commission Clerk, in the form prescribed by Rule 25-22.0376, Florida Administrative Code. Judicial review of a preliminary, procedural or intermediate ruling or order is available if review of the final action will not provide an adequate remedy. Such review may be requested from the appropriate court, as described above, pursuant to Rule 9.100, Florida Rules of Appellate Procedure. • is Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar Community Office Hours Event August 17 @ North IRC Library: • l0am- One on one with Commissioner Susan Adams NCAC CLOSED - Special Olympics Area 10 Swim Meet Prep. August 18 @ North County Aquatic Center: • Preparation for the Special Olympics Area 10 Swim Meet Special Olympics Area 10 Swim Meet August 19-20 @ North County Aquatic Center: • 7am-3pm: Volunteers Needed Labor Day Holiday Hours September 4 @ North County & Gifford Aquatic Centers: • I Oam-3:30pm - Come on out and see us this Labor Day! Commissioner O'Bryan's: South County Community Meeting September 11 @ iG Center: • 5:30-7pm: Local topics with Commissioner Peter O'Bryan Community Office Hours Event September 21 @ North IRC Library: • I Oam- One on one with Commissioner Susan Adams Treasure Coast Food Bank September 23 @ IRC Fairgrounds: • 8am-lpm 70 Vero Beach Gun Show September 30 -October 1 @ IRC Fairgrounds: www.patriotshows.com • Saturday 9am-5pm • Sunday 9am-4pm P85 JEFFREY R SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 271" Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 13, 2017 cot. P, R u a� /h I' SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 7, 2017 to July 13, 2017 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of July 7, 2017 to July 13, 2017. Attachment: CHECKS WRITTEN TRANS NRR DATE VENDOR AMOUNT 355569 07/07/2017 HOLIDAY INN 178.00 355570 07/13/2017 PORT CONSOLIDATED INC 45,208.47 355571 07/13/2017 JORDAN MOWER INC 102.11 355572 07/13/2017 COMMUNICATIONS INTERNATIONAL 555,538.84 355573 07/13/2017 TEN -8 FIRE EQUIPMENT INC 2,348.03 355574 07/13/2017 VERO CHEMICAL DISTRIBUTORS INC 119.30 355575 07/13/2017 CHISHOLM CORP OF VERO 4,436.30 355576 07/13/2017 VELDE FORD INC 552.16 355577 07/13/2017 SAFETY PRODUCTS INC 2,251.14 355578 07/13/2017 STEWART MATERIALS INC 634.61 355579 07/13/2017 E -Z BREW COFFEE & BOTTLE WATER SVC 87.41 355580 07/13/2017 GRAINGER 42.25 355581 07/13/2017 KELLY TRACTOR CO 996.58 355582 07/13/2017 MCMASTER CARR SUPPLY CO 628.57 355583 07/13/2017 AMERIGAS EAGLE PROPANE LP 144.00 355584 07/13/2017 LF] FORT PIERCE INC 1,052.63 355585 07/13/2017 LFI FORT PIERCE INC 1,219.62 355586 07/13/2017 ALLIED ELECTRONICS INC 609.66 355587 07/13/2017 SWE INC 325.00 355588 07/13/2017 DEEP SIX DIVE SHOP INC 628.77 355589 07/13/2017 HD SUPPLY WATERWORKS, LTD 22,487.27 355590 07/13/2017 VERO INDUSTRIAL SUPPLY INC 672.24 355591 07/13/2017 TIRESOLES OF BROWARD INC 895.00 355592 07/13/2017 BARTH CONSTRUCTION INC 226,282.59 355593 07/13/2017 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 4,450.00 355594 07/13/2017 DELL MARKETING LP 1,365.98 355595 07/13/2017 XEROX CORP SUPPLIES 15.64 355596 07/13/2017 THE GOODYEAR TIRE & RUBBER COMPANY 3,624.08 355597 07/13/2017 BAKER & TAYLOR INC 3,830.30 355598 07/13/2017 MIDWEST TAPE LLC 1,176.46 355599 07/13/2017 MICROMARKETING LLC 191.04 355600 07/13/2017 BAKER DISTRIBUTING CO LLC 285.12 355601 07/13/2017 CENGAGE LEARNING INC 224.98 355602 07/13/2017 COMMUNITYASPHALT CORP 165,796.90 355603 07/13/2017 LINDSEY GARDENS LTD 1,000.00 355604 07/13/2017 PARKS AND SON INC 929.00 355605 07/13/2017 CLERK OF CIRCUIT COURT 126.16 355606 07/13/2017 CLERK OF CIRCUIT COURT 4,037.96 355607 07/13/2017 CITY OF VERO BEACH 64,984.65 355608 07/13/2017 STEPHEN WOJTASZEK 20.21 355609 07/13/2017 LANDIA INC 8,470.60 355610 07/13/2017 CHAPTER 13 TRUSTEE 201.06 355611 07/13/2017 INDIAN RIVER ALL FAB INC 3,825.00 355612 07/13/2017 FERGUSON ENTERPRISES INC 436.65 355613 07/13/2017 FLORIDA GOVERNMENT FINANCE 36.00 355614 07/13/2017 JANITORIALDEPOT OF AMERICA INC 774.56 355615 07/13/2017 FLORIDA DEPT OF EDUCATION 164.58 355616 07/13/2017 HENRY FISCHER & SONS INC 495.00 355617 07/13/2017 ACUSHNET COMPANY 1,353.17 355618 07/13/2017 FLORIDA WATER & POLLUTION CONTROL 225.00 355619 07/13/2017 FEDERAL EXPRESS CORP 28.39 355620 07/13/2017 FEDERAL EXPRESS CORP 79.02 355621 07/13/2017 CITY OF SEBASTIAN 23,102:32 355622 07/13/2017 TIMOTHY ROSE CONTRACTING INC 208,567.38 355623 07/13/2017 CALLAWAY GOLF SALES COMPANY 36.91 355624 07/13/2017 ROSEN CENTRE HOTEL 240.38 355625 07/13/2017 ROSEN CENTRE HOTEL 240.38 355626 07/13/2017 ROSEN CENTRE HOTEL 240.36 TRANS NBR DATE VENDOR AMOUNT 355627 07/13/2017 ROSEN CENTRE HOTEL 240.38 355628 07/13/2017 FLORIDA RECREATION & PARK ASSOC INC 560.00 355629 07/13/2017 FLORIDA POWER AND LIGHT 18,123.74 355630 07/13/2017 FLORIDA POWER AND LIGHT 1,877.75 355631 07/13/2017 PUBLIC DEFENDER 2,920.28 355632 07/13/2017 BRE-CLEARWATER OWNER LLC 91.00 355633 07/13/2017 CITY OF FELLSMERE 239.52 355634 07/13/2017 PEACE RIVER ELECTRIC COOP INC 232.24 355635 07/13/2017 STRUNK FUNERAL HOMES & CREMATORY 425.00 355636 07/13/2017 JASON E BROWN 1,258.34 355637 07/13/2017 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 1,500.00 355638 07/13/2017 KAREN RACKARD 219.00 355639 07/13/2017 DAVID HAYS PE 546.26 355640 07/13/2017 PARALEGAL ASSOCIATION OF FL INC 105.00 355641 07/13/2017 DONADIO AND ASSOCIATES ARCHITECTS 1,260.66 355642 07/13/2017 TONY ETTER 242.07 355643 07/13/2017 BRIDGESTONE AMERICAS INC 1,349.44 355644 07/13/2017 US DEPT OF THE TREASURY -FMS 7,953.05 355645 07/13/2017 MICHAELQUIGLEY 300.00 355646 07/13/2017 FLORIDA SECTION IMSA 70.00 355647 07/13/2017 RUSSELL PAYNE INC 329.07 355648 07/13/2017 CELICO PARTNERSHIP 3,060.30 355649 07/13/2017 AAC BUILDERS INC 9,556.53 355650 07/13/2017 CINTAS CORPORATION NO 2 418.06 355651 07/13/2017 VAN WAL INC 418.00 355652 07/13/2017 PARGAS 650.75 355653 07/13/2017 OCLC ONLINE COMPUTER LIBRARY CENTER 422.23 355654 07/13/2017 MBV ENGINEERING INC 2,301.25 355655 07/13/2017 3-D FENCING LLC 4,650.00 355656 07/13/2017 STAPLES CONTRACT & COMMERCIAL INC 2,780.93 355657 07/13/2017 GRAHAM CLAYBURN 12.50 355658 07/13/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 269.15 355659 07/13/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 272.80 355660 07/13/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 152.22 355661 07/13/2017 C W NIELSEN MFG CORP 189.60 355662 07/13/2017 CAROLE J MADIGAN 555.13 355663 07/13/2017 METRO FIRE PROTECTION SERVICES INC 62.80 355664 07/13/2017 PETER OBRYAN 71.47 355665 07/13/2017 PAK MAIL 78.19 355666 07/13/2017 COMMUNICATIONS BROKERS & CONSULTANTS INC 1.96 355667 07/13/2017 MOORE MEDICAL LLC 143.28 355668 07/13/2017 FLORIDA HOUSING COALITION 1,580.00 355669 07/13/2017 BRIAN FREEMAN 240.00 355670 07/13/2017 KATHLEEN P DOUGHERTY 90.00 355671 07/13/2017 NICHOLAS CASALINA 242.07 355672 07/13/2017 K'S COMMERCIAL CLEANING 2,533.89 355673 07/13/2017 YOUTH GUIDANCE DONATION FUND 1,250.00 355674 07/13/2017 ROBERT SOLARI 86.99 355675 07/13/2017 TERESAPULIDO 270.00 355676 07/13/2017 NEVCOINC 4,445.87 355677 07/13/2017 ALERT ALL CORPORATION 300.00 355678 07/13/2017 OMNI ORLANDO RESORT 556.00 355679 07/13/2017 FEED THE LAMBS ENRICHMENT PROGRAM INC 2,500.00 355680 07/13/2017 CHERYLLEE 150.00 355681 07/13/2017 WOERNER DEVELOPMENT INC 2,280.00 355682 07/13/2017 KEMPER BUSINESS SYSTEMS 27.50 355683 07/13/2017 ECMC 260.09 355684 07/13/2017 YOUR AQUA INSTRUCTOR LLC 300.00 355685 07/13/2017 FLORIDA ARMATURE WORKS INC 1,710.25 355686 07/13/2017 OVERDRIVE INC 2.976.72 P88 TRANS NBR DATE VENDOR AMOUNT 355687 07/13/2017 CIT FINANCE LLC 186.21 355688 07/13/2017 PROMATIC INC 526.85 355689 07/13/2017 ALAN JAY CHEVROLET CADILLAC 21,631.00 355690 07/13/2017 CITRIX ONLINE LLC 882.00 355691 07/13/2017 HEATHER HATTON 40.00 355692 07/13/2017 GFA INTERNATIONAL INC 34,303.50 355693 07/13/2017 MOORE MOTORS INC 409.03 355694 07/13/2017 REPROGRAPHIC SOLUTIONS INC 7.02 355695 07/13/2017 LOWES HOME CENTERS INC 4,020.04 355696 07/13/2017 GAUDET ASSOCIATES INC 794.40 355697 07/13/2017 CARDINAL HEALTH 110INC 140.18 355698 07/13/2017 MUNICIPAL EMERGENCY SERVICES INC 209.31 355699 07/13/2017 KELLY LORRAINE HAMLIN 30.00 355700 07/13/2017 STEVEN G HANSEN 120.00 355701 07/13/2017 BURNETT LIME CO INC 12,786.20 355702 07/13/2017 0 SPORTSWEAR LLC 1,916.75 355703 07/13/2017 NICOLE GRAPPO 100.00 355704 07/13/2017 SCADA SOLUTIONS LLC 1,800.00 355705 07/13/2017 BRUCE SABOL 40.00 355706 07/13/2017 FAMILY SUPPORT REGISTRY 156.45 355707 07/13/2017 REI ENGINEERS INC 1,550.00 355708 07/13/2017 MONA MOSHKI FEDERICI 150.00 355709 07/13/2017 BERNARD EGAN & COMPANY 16,112.60 355710 07/13/2017 ARROW INTERNATIONAL 3,310.24 355711 07/13/2017 LANGHAM CONSULTING SERVICES INC 5,460.00 355712 07/13/2017 MICHAEL EDWARD HAMILTON 300.00 355713 07/13/2017 SYLIVIAMILLER 410.00 355714 07/13/2017 ENCORE ONE LLC 1,083.87 355715 07/13/2017 SCRIPPS NP OPERATING LLC 1,512.60 355716 07/13/2017 CATHEDRAL CORPORATION 20,638.04 355717 07/13/2017 GERELCO TRAFFIC CONTROLS INC 2,177.50 355718 07/13/2017 UNIFIRST CORPORATION 1,609.43 355719 07/13/2017 SITEONE LANDSCAPE SUPPLY LLC 13.02 355720 07/13/2017 CSMA SFR HOLDINGS ]I -LLC 414.00 355721 07/13/2017 HYDROMAX USA LLC 47,552.56 355722 07/13/2017 ADVANCE STORES COMPANY INCORPORATED 97.57 355723 07/13/2017 DENISEGILLESPIE 40.00 355724 07/13/2017 EGP DOCUMENT SOLUTIONS LLC 165.70 355725 07/13/2017 CROSSOVER MISSION 11,250.00 355726 07/13/2017 NORTH AMERICAN OFFICE SOLUTIONS INC 80.77 355727 07/13/2017 WURTH USA INC 170.85 355728 07/13/2017 NWI RECYCLING INC 5,068.20 355729 07/13/2017 AC VETERINARY SPECIALTY SERVICES 93.30 355730 07/13/2017 PEOPLE READY INC 27,078.27 355731 07/13/2017 PIT STOP CYCLE INC 63.00 355732 07/13/2017 RAULEVIVANCO 312.00 355733 07/13/2017 COLE AUTO SUPPLY INC 3,191.31 355734 07/13/2017 RHOADES AIR & HEAT 4,045.00 355735 07/13/2017 MARISAALEXANDER 426.00 355736 07/13/2017 DANBRANLEY LLC 512.00 355737 07/13/2017 KIMBERLY RICCIARDONE 580.00 355738 07/13/2017 BETH NOLAN 25.00 355739 07/13/2017 FLORIDA PIPE LINING SOLUTIONS LLC 11,340.00 355740 07/13/2017 THOMAS R PILIERO 48.00 355741 07/13/2017 ALEXANDRA APOSTOLIDES 12.00 355742 07/13/2017 SARAH KELLY 60.00 355743 07/13/2017 RECYCLING ROCKS LLC 720.00 355744 07/13/2017 AQUATIC SYNERGY LLC 230.00 355745 07/13/2017 MARTIN HEALTH SYSTEM 250.00 355746 07/13/2017 GENY CANELLO 35.00 P89 TRANS NBR DATE VENDOR AMOUNT 355747 07/13/2017 PAMELA GOOL 1,221.58 355748 07/13/2017 HARAKH INC 500.00 355749 07/13/2017 UTILREFUNDS 28.00 355750 07/13/2017 UTILREFUNDS 78.32 355751 07/13/2017 UTIL REFUNDS 22.22 355752 07/13/2017 UTIL REFUNDS 29.48 355753 07/13/2017 UTILREFUNDS 16.46 355754 07/13/2017 UTIL REFUNDS 52.10 355755 07/13/2017 UTILREFUNDS 337.60 355756 07/13/2017 UTILREFUNDS 38.40 355757 07/13/2017 UTILREFUNDS 52.99 355758 07/13/2017 UTILREFUNDS 5.57 355759 07/13/2017 UTIL REFUNDS 37.77 355760 07/13/2017 UTIL REFUNDS 34.92 355761 07/13/2017 UTIL REFUNDS 23.26 355762 07/13/2017 UTIL REFUNDS 193.08 355763 07/13/2017 UTILREFUNDS 104.20 355764 07/13/2017 UTILREFUNDS 11.37 355765 07/13/2017 UTILREFUNDS 71.21 355766 07/13/2017 UTILREFUNDS 49.86 355767 07/13/2017 UTILREFUNDS 21.82 355768 07/13/2017 UTILREFUNDS 38.20 355769 07/13/2017 UTILREFUNDS 29.02 355770 07/13/2017 UTILREFUNDS 25.60 355771 07/13/2017 UTILREFUNDS 42.88 355772 07/13/2017 UTILREFUNDS 4.17 355773 07/13/2017 UTILREFUNDS 35.05 355774 07/13/2017 UTILREFUNDS 59.91 355775 07/13/2017 UTIL REFUNDS 36.70 355776 07/13/2017 UTILREFUNDS 16.12 355777 07/13/2017 UTILREFUNDS 34.20 355778 07/13/2017 UTILREFUNDS 41.75 355779 07/13/2017 UTILREFUNDS 66.39 355780 07/13/2017 UTILREFUNDS 26.90 355781 07/13/2017 UTILREFUNDS 36.70 355782 07/13/2017 UTILREFUNDS 92.45 355783 07/13/2017 UTIL REFUNDS 100.00 355784 07/13/2017 UTILREFUNDS 336.50 355785 07/13/2017 UTILREFUNDS 35.06 355786 07/13/2017 UTILREFUNDS 64.93 355787 07/13/2017 UTILREFUNDS 71.21 355788 07/13/2017 UTIL REFUNDS 44.80 355789 07/13/2017 UTIL REFUNDS 43.58 355790 07/13/2017 UTILREFUNDS 52.76 355791 07/13/2017 UTILREFUNDS 107.89 355792 07/13/2017 UTILREFUNDS 55.77 355793 07/13/2017 UTIL REFUNDS 29.84 355794 07/13/2017 UTILREFUNDS 64.89 355795 07/13/2017 UTILREFUNDS 171.70 355796 07/13/2017 UTILREFUNDS 83.53 355797 07/13/2017 UTILREFUNDS 38.64 Grand Total: 1,708,829.28 -- -P90 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1011692 07/10/2017 EVERGLADES FARM EQUIPMENT CO INC 1,063.18 1011693 07/10/2017 HELENACHEMICAL 4,110.90 1011694 07/10/2017 COLD AIR DISTRIBUTORS WAREHOUSE 28.27 1011695 07/10/2017 INDIAN RIVER BATTERY 487.45 1011696 07/10/2017 INDIAN RIVER OXYGEN INC 3,042.75 1011697 07/10/2017 DEMCOINC 439.90 1011698 07/10/2017 MIKES GARAGE & WRECKER SERVICE INC 195.00 1011699 07/10/2017 GROVE WELDERS INC 2,416.21 1011700 07/10/2017 APPLE MACHINE & SUPPLY CO 216.00 1011701 07/10/2017 HD SUPPLY FACILITIES MAINTENANCE LTD 457.03 1011702 07/10/2017 ECONOLITE CONTROL PRODUCTS INC 217.00 1011703 07/10/2017 SOUTHERN JANITOR SUPPLY INC 2,120.68 1011704 07/10/2017 BENNETT AUTO SUPPLY INC 91.97 1011705 07/12/2017 EVERGLADES FARM EQUIPMENT CO INC 1,686.03 1011706 07/12/2017 COLKITT SHEET METAL & A/C INC _ 280.00 1011707 07/12/2017 ALLIED UNIVERSAL CORP 10,254.06 1011708 07/12/2017 COMPLETE ELECTRIC INC 3,300.00 1011709 07/12/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,006.66 1011710 07/13/2017 AT&T 4,289.00 1011711 07/13/2017 WASTE MANAGEMENT INC 1,144.08 1011712 07/13/2017 POLYDYNE INC 2,507.00 1011713 07/13/2017 COPYCOINC 149.00 1011714 07/13/2017 HENRY SCHEIN INC 1,031.65 1011715 07/13/2017 NORTH SOUTH SUPPLY INC 210.12 1011716 07/13/2017 WORLD INDUSTRIAL EQUIPMENT INC 144.48 1011717 07/13/2017 HD SUPPLY FACILITIES MAINTENANCE LTD 200.03 1011718 07/13/2017 PERKINS INDIAN RIVER PHARMACY 105.67 1011719 07/13/2017 COMPLETE ELECTRIC INC 1,222.34 1011720 07/13/2017 FLAGLER CONSTRUCTION EQUIPMENT LLC 7,314.00 1011721 07/13/2017 SOUTHERN JANITOR SUPPLY INC 171.51 1011722 07/1312017 STAT MEDICAL DISPOSAL INC 830.00 1011723 07/13/2017 HORIZON DISTRIBUTORS INC 106.00 1011724 07/13/2017 PACE ANALYTICAL SERVICES INC 27,984.00 Grand Total: 78,821.97 P91 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 5262 07/07/2017 AMERICAN FAMILY LIFE ASSURANCE CO 27,252.54 5263 07/07/2017 ALLSTATE 292.22 5264 07/07/2017 MUTUAL OF OMAHA 7,177.15 5265 07/07/2017 COLONIAL LIFE & ACCIDENT INS CO 31.86 5266 07/07/2017 KIMLEY HORN & ASSOC INC 26,600.00 5267 07/07/2017 VETERANS COUNCIL OF I R C 6,616.14 P -CARD 07/10/2017 WELLS FARGO BANK, N.A. 31,459.56 5268 07/13/2017 FLORIDA DEPARTMENT OF REVENUE 9,000.21 5269 07/13/2017 FLORIDA DEPARTMENT OF REVENUE 428.55, 5270 07/13/2017 FLORIDA DEPARTMENT OF REVENUE 1,600.57 5271 67/13/2017 FLORIDA DEPARTMENT OF REVENUE 4,093.47 '5272 07/13/2017 IRS -PAYROLL TAXES 11,588.32 Grand Total: 126,140.59 JEFFREY R SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1601 27'" Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 20, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 14, 2017 to July 20, 2017 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's office, for the time period of July 14, 2017 to July 20, 2017. Attachment: ERN - ------ - - -.. ... -- - -P93 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 355798 07/20/2017 UTIL REFUNDS 77.69 355799 07/20/2017 UTIL REFUNDS 49.29 355800 07/20/2017 UTIL REFUNDS 36.44 355801 07/20/2017 UTIL REFUNDS 100.00 355802 07/20/2017 UTIL REFUNDS 24.82 355803 07/20/2017 UTIL REFUNDS 32.04 355804 07/20/2017 UTIL REFUNDS 81.02 355805 07/20/2017 UTIL REFUNDS 85.42 355806 07/20/2017 UTIL REFUNDS 28.86 355807 07/20/2017 UTILREFUNDS 34.38 355808 07/20/2017 UTIL REFUNDS 49.57 355809 07/20/2017 UTIL REFUNDS 106.13 355810 07/20/2017 UTIL REFUNDS 73.78 355811 07/20/2017 UTIL REFUNDS 86.22 355812 07/20/2017 UTIL REFUNDS 80.69 355813 07/20/2017 UTIL REFUNDS 151.59 355814 07/20/2017 UTILREFUNDS 56.10 355815 07/20/2017 UTILREFUNDS 37.25 355816 07/20/2017 UTIL REFUNDS 36.19 355817 07/20/2017 UTILREFUNDS 34.65 355818 07/20/2017 UTILREFUNDS 75.96 355819 07/20/2017 UTIL REFUNDS 497.41 355820 07/20/2017 UTIL REFUNDS 43.01 355821 07/20/2017 UTIL REFUNDS 90.95 355822 07/20/2017 UTILREFUNDS 14.83 355823 07/20/2017 UTILREFUNDS 83.21 355824 07/20/2017 UTILREFUNDS 79.73 355825 07/20/2017 UTILREFUNDS 80.69 355826 07/20/2017 UTILREFUNDS 36.59 355827 07/20/2017 UTILREFUNDS 80.86 355828 07/20/2017 UTIL REFUNDS 11.06 355829 07/20/2017 UTILREFUNDS 80.69 355830 07/20/2017 UTIL REFUNDS 82.28 355831 07/20/2017 UTIL REFUNDS 59.69 355832 07/20/2017 UTIL REFUNDS 57.58 355833 07/20/2017 UTIL REFUNDS 10.18 355834 07/20/2017 UTIL REFUNDS 72.52 355835 07/20/2017 UTIL REFUNDS 39.59 355836 07/20/2017 UTILREFUNDS 25.27 355837 07/20/2017 UTIL REFUNDS 39.09 355838 07/20/2017 UTILREFUNDS 98.54 355839 07/20/2017 UTIL REFUNDS 56.63 355840 07/20/2017 UTIL REFUNDS 38.76 355841 07/20/2017 UTIL REFUNDS 46.44 355842 07/20/2017 UTIL REFUNDS 31.16 355843 07/20/2017 UTIL REFUNDS 26,173.23 355844 07/20/2017 UTIL REFUNDS 83.21 355845 07/20/2017 UTIL REFUNDS 80.69 355846 07/20/2017 UTIL REFUNDS 7.63 355847 07/20/2017 UTIL REFUNDS 58.08 355848 07/20/2017 COMMUNICATIONS INTERNATIONAL 50,956.00 355849 07/20/2017 TEN -8 FIRE EQUIPMENT INC 5,108.04 355850 07/20/2017 RANGER CONSTRUCTION IND INC 1,459.96 355851 07/20/2017 FISHER SCIENTIFIC COMPANY LLC 80.96 355852 07/20/2017 VERO CHEMICAL DISTRIBUTORS INC 1.396.75 355853 07/20/2017 RICOHUSA INC 155.08 355854 07/20/2017 RICOH USA INC 1,228.50 355855 07/20/2017 CHISHOLM CORP OF VERO 2,623.77 P94 TRANS NB R DATE VENDOR AMOUNT 355856 07/20/2017 KIMLEY HORN & ASSOC INC 15,700.48 355857 07/20/2017 VELDE FORD INC 442.56 355858 07/20/2017 SAFETY PRODUCTS INC 1,144.94 355859 07/20/2017 AT&T WIRELESS 2,186.43 355860 07/20/2017 PARALEE COMPANY INC 500.00 355861 07/20/2017 KELLY TRACTOR CO 941.18 355862 07/20/2017 TEMPLE INC 17,608.00 355863 07/20/2017 MY RECEPTIONIST INC 294.22 355864 07/20/2017 HACH CO 315.87 355865 07/20/2017 LFI FORT PIERCE INC 1,052.63 355866 07/20/2017 LFI FORT PIERCE INC 964.24 355867 07/20/2017 HD SUPPLY WATERWORKS, LTD 23,483.33 355868 07/20/2017 SCHULKE BITTLE & STODDARD LLC 17,260.00 355869 07/20/2017 ECOTECH CONSULTANTS INC 2,164.00 355870 07/20/2017 VERO INDUSTRIAL. SUPPLY INC 308.35 355871 07/20/2017 EXPRESS REEL GRINDING INC 3,500.00 355872 07/20/2017 TIRESOLES OF BROWARD INC 440.00 355873 07/20/2017 H C WARNER INC 2,728.64 355874 07/20/2017 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 500.00 355875 07/20/2017 THE GOODYEAR TIRE & RUBBER COMPANY 2,140.56 355876 07/20/2017 BAKER & TAYLOR INC 594.02 355877 07/20/2017 MIDWEST TAPE LLC 1,081.06 355878 07/20/2017 MICROMARKETING LLC 334.51 355879 07/20/2017 K & M ELECTRIC SUPPLY 73.92 355880 07/20/2017 CENGAGE LEARNING INC 242.84 355881 07/20/2017 PALM TRUCK CENTERS INC 197.91 355882 07/20/2017 CREATIVE CHOICE HOMES XVI LTD 1,136.00 355883 07/20/2017 PARKS AND SON INC 7,427.70 355884 07/20/2017 INDIAN RIVER COUNTY HEALTH DEPT 17,294.28 355885 67/20/2017 CITY OF VERO BEACH 47,878.16 355886 07/20/2017 STEPHEN WOJTASZEK 10.13 355887 07/20/2017 INDIAN RIVER ALL FAB INC 575.00 355888 07/20/2017 FERGUSON ENTERPRISES INC 5,391.28 355889 07/20/2017 FLORIDA DEPARTMENT OF BUSINESS AND 15,336.23 355890 07/20/2017 FLORIDA GOVERNMENT FINANCE 35.00 355891 07/20/2017 JANITORIAL DEPOT OF AMERICA INC 185.53 355892 07/20/2017 TREASURE COAST HOMELESS SERVICES 4,800.00 355893 07/20/2017 TREASURE COAST HOMELESS SERVICES 3,817.50 355894 07/20/2017 HENRY FISCHER & SONS INC 660.00 355895 07/20/2017 WAL MART STORES EAST LP 1,875.07 355896 07/20/2017 EXCHANGE CLUB CASTLE 4,361.79 355897 07/20/2017 EXCHANGE CLUB CASTLE 2,701.63 355898 07/20/2017 WEST PUBLISHING CORPORATION 395.85 355899 07/20/2017 FEDERAL EXPRESS CORP 12.02 355900 07/20/2017 JOEL V HERMAN 267.06 355901 07/20/2017 MORGAN & EKLUND INC 20,295.00 355902 01/20/2017 SUBSTANCE AWARENESS COUNCIL OF IRC INC 18,625.84 355903 07/20/2017 FLORIDA RECREATION & PARK ASSOC INC 275.00 355904 07/20/2017 FLORIDA POWER AND LIGHT 63,212.75 355905 07/20/2017 MELECH BERMAN 500.00 355906 07/20/2017 IRC HOUSING AUTHORITY 500.00 355907 07/20/2017 PEACE RIVER ELECTRIC COOP INC 45.69 355908 07/20/2017 NEW HORIZONS OF THE TREASURE COAST 23,931.00 355909 07/20/2017 CATHOLIC CHARITIES DIOCESE OF PALM BCH 3,654.63 355910 07/20/2017 JASON E BROWN 15.00 355911 07/20/2017 TREASURE COAST SPORTS COMMISSION INC 937.50 355912 07/20/2017 DOUBLETREE HOTEL 278.00 355913 07/20/2017 INSIGHT PUBLIC SECTOR 2,125.25 355914 07/20/2017 G K ENVIRONMENTAL INC 1,300.00 355915 07/20/2017 NIGP 915.00 TRANS NBR DATE VENDOR AMOUNT 355916 07/20/2017 CHILDRENS HOME SOCIETY OF FL 1,500.00 355917 07/20/2017 INDIAN RIVER COUNTY BAR ASSOCIATION INC 100.00 355918 07/20/2017 PINNACLE GROVE LTD 232.00 355919 07/20/2017 THE BREAKERS OF PALM BEACH 245.00 355920 07/20/2017 VERO CLUB PARTNERS LTD 499.00 355921 07/20/2017 ST LUCIE COUNTY BOCC 3,079.44 355922 07/20/2017 THE PALMS AT VERO BEACH 470.00 355923 07/20/2017 PERKINS COMPOUNDING PHARMACY 90.00 355924 07/20/2017 MICHAELQUIGLEY 250.00 355925 07/20/2017 RUSSELLPAYNEINC 105.63 355926 07/20/2017 TRANE US INC 432.00 355927 07/20/2017 CELICO PARTNERSHIP 255.41 355928 07/20/2017 ANIXTER INC 965.80 355929 07/20/2017 VAN WAL INC 170.00 355930 07/20/2017 M T CAUSLEY INC 20.877.50 355931 07/20/2017 JACKS COMPLETE TREE SERVICE 9,100.00 355932 07/20/2017 3-D FENCING LLC 3,575.00 355933 07/20/2017 STAPLES CONTRACT & COMMERCIAL INC 200.62 355934 07/20/2017 PELICAN ISLES LP 797.00 355935 07/20/2017 C W NIELSEN MFG CORP 168.00 355936 07/20/2017 AMERICAN WATER WORKS ASSOCIATION 224.00 355937 07/20/2017 1 ST FIRE & SECURITY INC 195.00 355938 07/20/2017 DIVERSIFIED INSPECTIONS 3,747.60 355939 07/20/2017 RUSH TRUCK CENTERS OF FLORIDA 85.04 355940 07/20/2017 MUNICIPAL WATERWORKS INC 179,571.60 355941 07/20/2017 BACKFLOWGAGE.COM 330.00 355942 07/20/2017 EDDIE MAE LESLIE 53.50 355943 07/20/2017 MOORE MEDICAL LLC 1,679.42 355944 07/20/2017 KATHLEEN P DOUGHERTY 100.00 355945 07/20/2017 WILLIAM RICE 1,767.01 355946 07/20/2017 WINSUPPLY OF VERO BEACH 340.95 355947 07/20/2017 HELPING ANIMALS LIVE -OVERCOME 19.00 355948 07/20/2017 DE LA HOZ BUILDERS INC 46,520.00 355949 07/20/2017 FORTY FOURTH ASSOCIATES, LLC 450.00 355950 07/20/2017 TREASURE COAST SWIMMING LLC 1,500.00 355951 07/20/2017 WOERNER DEVELOPMENT INC 963.00 355952 07/20/2017 CHEMETRICS INC 231.19 355953 07/20/2017 ATLANTIC COASTAL LAND TITLE CO LLC 85.00 355954 07/20/2017 JOHN B DORSEY 900.00 355955 07/20/2017 JANCY PET BURIAL SERVICE INC 106.25 355956 07/20/2017 THOMPSONS REMODELING & HOME REPAIR INC 20,675.00 355957 07/20/2017 YOUR AQUA INSTRUCTOR LLC 210.00 355958 07/20/2017 FLORIDA ARMATURE WORKS INC 16,623.38 355959 07/20/2017 OVERDRIVE INC 6,997.21 355960 07/20/2017 REPROGRAPHIC SOLUTIONS INC 17.00 355961 07/20/2017 LOWES HOME CENTERS INC 969.14 355962 07/20/2017 KELLY LORRAINE HAMLIN 80.00 355963 07/20/2017 ADAMS FENCE 2 LLC 1,686.00 355964 07/20/2017 ALEX MIKLO 180.00 355965 07/20/2017 BURNETT LIME CO INC 6,514.90 355966 07/20/2017 IMPECCABLE SIGNS INC 204.00 355967 07/20/2017 THE PORCH FACTORY LLC 50.00 355968 07/20/2017 TREASURE COAST TURF INC 450.00 355969 07/20/2017 STRAIGHT OAK LLC 82.45 355970 07/20/2017 CALDWELL PACETTI EDWARDS 2,726.50 355971 07/20/2017 SOUTHERN MANAGEMENT LLC 775.00 355972 07/20/2017 CHEMTRADE CHEMICALS CORPORTATION 2,274.46 355973 07/20/2017 SAMBA HOLDINGS INC 1,280.41 355974 07/20/2017 DUININCK INC 413.100.00 355975 07/20/2017 MONA MOSHKI FEDERICI II0.00 TRANS NBR DATE VENDOR AMOUNT 355976 07/20/2017 PAIGE LESTER 777.21 355977 07/20/2017 FORTILINE INC 8,279.28 355978 07/20/2017 THE LAW OFFICES OF 1,597.00 355979 07/20/2017 ANDREW MICHAEL 72.00 355980 07/20/2017 PIERCE GOODWIN ALEXANDER K LINVILLE INC 15,745.00 355981 07/20/2017 BRYAN CAVE LLP 22,280.17 355982 07/20/2017 FOUNDATION FOR AFFORDABLE RENTAL 500.00 355983 07/20/2017 HAWKINS INC 4,052.75 355984 07/20/2017 THE TRANSIT GROUP INC 11,724.39 355985 07/20/2017 ANFIELD CONSULTING GROUP INC 10,000.00 355986 07/20/2017 ENCORE ONE LLC 1,580.18 355987 07/20/2017 SCRIPPS NP OPERATING LLC 2,630.92 355988 07/20/2017 COCA COLA BEVERAGES FLORIDA LLC 154.76 355989 07/20/2017 REBECCA MITCHELL 256.06 355990 07/20/2017 TRMOND LLC 8,167.44 355991 07/20/2017 JENNIFER E PROPER 105.00 355992 07/20/2017 CATHEDRAL CORPORATION 6,598.52 355993 07/20/2017 GERELCO TRAFFIC CONTROLS INC 9,600.00 355994 07120/2017 UNIFIRST CORPORATION 1,364.30 355995 07/20/2017 TAM] GAY 400.00 355996 07/20/2017 GOTTA GO GREEN ENTERPISES INC 152.42 355997 07/20/2017 ADVANCE STORES COMPANY INCORPORATED 129.67 355998 07/20/2017 DENISE GILLESPIE 100.00 355999 07/20/2017 GUARDIAN ALARM OF FLORIDA LLC 145.00 356000 07/20/2017 EGP DOCUMENT SOLUTIONS LLC 325.50 356001 07/20/2017 SIEVES FR07EN CHILLERS OF FLORIDA SPACE COAS. 546.00 356002 07/20/2017 ROSSWAY SWAN TIERNEY 75.00 356003 07/20/2017 REBECCACARSWELL 120.00 356004 07/20/2017 JAMES FORE JR 72.00 356005 07/20/2017 LEONARD ZANCA 209.19 356006 07/20/2017 COVERALL NORTH AMERICA INC 2,015.00 356007 07/20/2017 DEBBIE CARSON 100.00 356008 07/20/2017 MATHESON TRI -GAS INC 3,363.75 356009 07/20/2017 PEOPLE READY INC 3,660.21 356010 07/20/2017 COLE AUTO SUPPLY INC 3,701.95 356011 07/20/2017 WANSER CONSTRUCTION COMPANY INC 8,908.79 356012 07/20/2017 MARISAALEXANDER 24.00 356013 07/20/2017 RICHARD B VOTAPKA 2,796.00 356014 07/20/2017 PROCTOR CONSTRUCTION COMPANY LLC 87,859.08 356015 07/20/2017 CH2M HILL ENGINEERS INC 9,600.00 356016 07/20/2017 SARAH KELLY 20.00 356017 07/20/2017 AQUATIC SYNERGY LLC 200.00 356018 07/20/2017 DEBORAH WILLIAMS 356.82 356019 07/20/2017 STEPHANIE MC BRIDE 25.00 356020 07/20/2017 KATIE MC GILL 53.50 356021 07/20/2017 BOWMAN CONSULTING GROUP 23,966.60 356022 07/20/2017 CORNERSTONE CHRISTIAN CHURCH 17,715.57 356023 07/20/2017 UTIL REFUNDS 20.75 356024 07/20/2017 UTIL REFUNDS 31.79 356025 07/20/2017 UTILREFUNDS 68.54 356026 07/20/2017 UTILREFUNDS 39.99 356027 07/20/2017 UTIL REFUNDS 331.29 356028 07/20/2017 UTILREFUNDS 72.32 356029 07/20/2017 UTILREFUNDS 39.30 356030 07/20/2017 UTILREFUNDS 63.81 356031 07/20/2017 UTIL REFUNDS 111.84 356032 07/20/2017 UTIL REFUNDS 158.12 356033 07/20/2017 UTILREFUNDS 41.64 356034 07/20/2017 UTILREFUNDS 1.78 356035 07/20/2017 UTILREFUNDS 64.33 TRANS NBR DATE VENDOR AMOUNT 356036 07/20/2017 UTILREFUNDS 58.29 356037 07/20/2017 UTIL REFUNDS 11.53 356038 07/20/2017 UTIL REFUNDS 34.54 356039 07/20/2017 UTIL REFUNDS 33.96 356040 07/20/2017 UTIL REFUNDS 58.14 356041 07/20/2017 UTIL REFUNDS 32.49 356042 07/20/2017 UTIL REFUNDS 14.19 356043 07/20/2017 UTIL REFUNDS 41.91 356044 07/20/2017 UTILREFUNDS 38.63 356045 07/20/2017 UTILREFUNDS 42.28 356046 07/20/2017 UTIL REFUNDS 49.07 356047 07/20/2017 UTIL REFUNDS 79.19 356048 07/20/2017 UTIL REFUNDS 22.85 356049 07/20/2017 UTIL REFUNDS 12.30 356050 07/20/2017 UTIL REFUNDS 63.02 356051 07/20/2017 UTIL REFUNDS 32137 356052 07/20/2017 UTIL REFUNDS 72.16 356053 07/20/2017 UTIL REFUNDS 7.11 356054 07/20/2017 UTIL REFUNDS 72.16 356055 07/20/2017 UTIL REFUNDS 67.60 356056 07/20/2017 UTIL REFUNDS 40.68 356057 07/20/2017 UTILREFUNDS 20.84 356058 07/20/2017 UTIL REFUNDS 109.06 356059 07/20/2017 UTIL REFUNDS 16.36 356060 07/20/2017 UTIL REFUNDS 73.11 356061 07/20/2017 UTILREFUNDS 269.39 356062 07/20/2017 UTILREFUNDS 79.90 356063 07/20/2017 UTILREFUNDS 12.54 356064 07/20/2017 UTIL REFUNDS 63.65 356065 07/20/2017 UTILREFUNDS 42.92 356066 07/20/2017 UTILREFUNDS 283.83 356067 07/20/2017 UTILREFUNDS 25.30 356068 07/20/2017 ANITHRAMINUS 107.00 Grand Total: 1,471,912.54 P98 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1011725 07/18/2017 PARKS RENTAL & SALES INC 198.00 1011726 07/182017 COPYCOINC 54.90 1011727 07/182017 COLDAIR DISTRIBUTORS WAREHOUSE 509.72 1011728 07/182017 INDIAN RIVER BATTERY 91135 1011729 07/182017 DEMCOINC 323.94 1011730 07/182017 MIKES GARAGE & WRECKER SERVICE INC 110.00 1011731 07/182017 APPLE INDUSTRIAL SUPPLY CO 175.88 1011732 07/182017 ABCO GARAGE DOOR CO INC 339.88 1011733 07/18/2017 IRRIGATION CONSULTANTS UNLIMITED INC 5.80 1011734 07/182017 GROVE WELDERS INC 72.15 1011735 07/18/2017 COMPLETE RESTAURANT EQUIPMENT LLC 2,531.87 1011736 07/182017 HD SUPPLY FACILITIES MAINTENANCE LTD 277.51 1011737 07/182017 COMO OIL COMPANY OF FLORIDA 30.00 1011738 07/182017 PERKINS INDIAN RIVER PHARMACY 15.67 1011739 07/182017 BARKER ELECTRIC, AIR CONDITIONING - 33,886.00 1011740 07/182017 SHRIEVE CHEMICAL CO 2,307.06 1011741 07/18/2017 MIDWEST MOTOR SUPPLY CO 292.20 1011742 07/18/2017 HARCROS CHEMICALS, INC. 6,833.68 1011743 07/182017 METRO FIRE PROTECTION SERVICES INC 51.50 1011744 07/182017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 206.22 1011745 07/182017 BENNETT AUTO SUPPLY INC 99.97 1011746 07/182017 AUTO PARTNERS LLC 144.69 1011747 07/182017 HYDRA SERVICE (S) INC 364.79 1011748 07/18/2017 PACE ANALYTICAL SERVICES INC 6,723.00 1011749 07/18/2017 XYLEM WATER SOLUTION USA INC 3,856.00 1011750 07/18%2017 NEXAIR LLC 33.26 1011751 07/182017 NEXAIR LLC 149.61 1011752 07/192017 OFFICE DEPOT BSD CUSTOMER SVC 2,137.87 1011753 07/19/2017 WASTE MANAGEMENT INC 1,037.88 1011754 07/19/2017 T -MOBILE USA INC 344.25 1011755 07202017 AT&T 1,693.43 1011756 07202017 COMCAST 59.90 Grand Total: 65,777.98 P99 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 5273 07/14/2017 SCHOOL DISTRICT OF I R COUNTY 155,788.00 5274 07/14/2017 BENEFITS WORKSHOP 7,160.80 5275 07/14/2017 ICMA RETIREMENT CORPORATION 12,837.91 5276 07/14/2017 FLORIDA LEAGUE OF CITIES, INC 4,216.89 5277 07/14/2017 NACO/SOUTHEAST 1,491.62 5278 07/14/2017 NACO/SOUTHEAST 28,303.18 5279 07/14/2017 IRC FIRE FIGHTERS ASSOC 6,810.00 5280 07/14/2017 ICMA RETIREMENT CORPORATION 2,310.00 5281 07%17/2017 FL SDU 5,930.52 5282 07/17/2017 IRS -PAYROLL TAXES 461,997.45 5283 07/18/2017 SENIOR RESOURCE ASSOCIATION 344,128.14 5284 07/20/2017 FLORIDA DEPARTMENT OF BUSINESS AND 15,336.24 Grand Total: 1,046,310.75 P100 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 2r Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: July 27, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 21, 2017 to July 27, 2017 • Cor.ta T. /rN A 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 July 21, 2017 to July 27, 2017. Attachment: P101 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 356069 07/27/2017 PAUL CARONE 4,485.00 356070 07/27/2017 LINDSEY GARDENS LTD 751.00 356071 07/27/2017 WILLIE C REAGAN 1,350.00 356072 07/27/2017 LARRY STALEY 593.00 356073 07/27/2017 PINNACLE GROVE LTD 1,057.00 356074 07/27/2017 VERO CLUB PARTNERS LTD 1,981.00 356075 07/27/2017 DAVID SPARKS 1,095.00 356076 07/27/2017 THE PALMS AT VERO BEACH 1,102.00 356077 07/27/2017 ED SCHLITT LC 3,055.00 356078 07/27/2017 JOHN OLIVIERA 716.00 356079 07/27/2017 ARTHUR PRUETT 484.00 356080 07/27/2017 JOSEPH LOZADA 677.00 356081 07/27/2017 MICHAEL JAHOLKOWSKI 54700 356082 07/27/2017 LUCY B HENDRICKS 573.00 356083 07/27/2017 SYLVESTER MC INTOSH 365.00 356084 07/27/2017 PAULA WHIDDON 553.00 356085 07/27/2017 JAMES W DAVIS 372.00 356086 07/27/2017 NITA EZELL 609.00 356087 07/27/2017 LINDSEY GARDENS Il LTD 616.00 356088 07/27/2017 MISS INC OF THE TREASURE COAST 2,614.00 356089 07/27/2017 DANIEL CORY MARTIN 2,680.00 356090 07/27/2017 CRAIG LOPES 498.00 356091 07/27/2017 PAULA ROGERS & ASSOCIATES INC 601.00 356092 07/27/2017 FIVE STAR PROPERTY HOLDING LLC 847.00 356093 07/27/2017 MARK BAER 3,458.00 356094 07/27/2017 ROBERT J GORMAN 504.00 356095 07/27/2017 JUAN CHAVES 700.00 356096 07/27/2017 REID REALTY 556.00 356097 07/27/2017 MELISSACAMARATA 838.00 356098 07/27/2017 INDIANTOWN NON-PROFIT HOUSING INC 670.00 356099 07/27/2017 AUGUSTUS B FORT JR 581.00 356100 07/27/2017 H&H SHADOWBROOK LLC 568.00 356101 07/27/2017 HUMAYUN SHAREEF 963.00 356102 07/27/2017 VERO BEACH PLACE LLC 3,755.00 356103 07/27/2017 WEDGEWOOD RENTALS LLC 615.00 356104 07/27/2017 GNS REAL ESTATE HOLDINGS LLC 1,219.00 356105 07/27/2017 COALITION FOR ATTAINABLE HOMES INC 2,220.00 356106 07/27/2017 HELPING HANDS REAL ESTATEA: INVESTMENT CO 2,850.00 356107 07/27/2017 JOHN K GERRATO 597.00 356108 07/27/2017 1135 RENTALS LLC 750.00 356109 07/27/2017 STEVEN J BERGAMINO 750.00 356110 07/27/2017 BLUE DRAGON MANAGEMENT LLC 1,100.00 356111 07/27/2017 MCLAUGHLIN PROPERTIES LLC 536.00 356112 07/27/2017 HOWARD R BRENNAN 556.00 356113 07/27/2017 NKW PIP HOLDINGS 1 LLC 3,154.00 356114 07/27/2017 MAXIPLEX LLC 6,093.00 356115 07/27/2017 UTIL REFUNDS 29.75 356116 07/27/2017 UTILREFUNDS 22.09 356117 07/27/2017 UTILREFUNDS 55.91 356118 07/27/2017 UTILREFUNDS 39.04 356119 07/27/2017 UTILREFUNDS 40.33 356120 07/27/2017 UTILREFUNDS 126.80 356121 07/27/2017 UTILREFUNDS 9.72 356122 07/27/2017 UTILREFUNDS 13.62 356123 07/27/2017 UTIL REFUNDS 12.28 356124 07/27/2017 UTIL REFUNDS 79.95 356125 07/27/2017 UTIL REFUNDS 25.47 356126 07/27/2017 UTIL REFUNDS 1.16 - --P102 TRANS NBR DATE VENDOR AMOUNT 356127 07/27/2017 UTIL REFUNDS 68.38 356128 07/27/2017 UTILREFUNDS 43.66 356129 07/27/2017 UTILREFUNDS 21.86 356130 07/27/2017 UTIL REFUNDS 42.28 356131 07/27/2017 UTIL REFUNDS 55.91 356132 07/27/2017 UTIL REFUNDS 63.83 356133 07/27/2017 UTIL REFUNDS 16.61 356134 07/27/2017 UTIL REFUNDS 71.55 356135 07/27/2017 UTIL REFUNDS 29.04 356136 07/27/2017 UTIL REFUNDS 5.08 356137 07/27/2017 UTIL REFUNDS 15.03 356138 07/27/2017 UTILREFUNDS 35.02 356139 07/27/2017 UTIL REFUNDS 36.60 356140 07/27/2017 UTIL REFUNDS 128.10 356141 0727/2017 UTIL REFUNDS 77.69 356142 07/27/2017 UTIL REFUNDS 24.05 356143 07/27/2017 UTIL REFUNDS 23.45 356144 07/27/2017 UTIL REFUNDS 46.72 356145 07/27/2017 UTIL REFUNDS 32.73 356146 07/27/2017 UTILREFUNDS 54.77 356147 07/27/2017 UTILREFUNDS 75.16 356148 07/27/2017 UTIL REFUNDS 65.05 356149 07/27/2017 UTIL REFUNDS 15.78 356150 07/27/2017 UTIL REFUNDS 75.16 356151 07/27/2017 UTIL REFUNDS 65.82 356152 07/27/2017 UTIL REFUNDS 146:25 356153 07/27/2017 UTIL REFUNDS 37.52 356154 07/27/2017 UTIL REFUNDS 25.16 356155 07/27/2017 UTILREFUNDS 25.08 356156 07/27/2017 UTIL REFUNDS 45.45 356157 07/27/2017 UTIL REFUNDS 7.45 356158 07/27/2017 UTIL REFUNDS 76.52 356159 07/27/2017 UTIL REFUNDS 32.86 356160 07/27/2017 UTIL REFUNDS 32.73 356161 07/27/2017 PORT CONSOLIDATED INC 47,992.40 356162 07/27/2017 JORDAN MOWER INC 451.48 356163 07/27/2017 SUNCOAST WELDING SUPPLIES INC 461.72 356164 07/27/2017 TEN -8 FIRE EQUIPMENT INC 3,054.12 356165 07/27/2017 VERO CHEMICAL DISTRIBUTORS INC 470.14 356166 07/27/2017 RICOH USA INC 107.19 356167 07/27/2017 KIMLEY HORN & ASSOC INC 9,380.00 356168 07/27/2017 VELDEFORD INC 318.93 356169 07/27/2017 SAFETY PRODUCTS INC 193.01 356170 07/27/2017 AT&T WIRELESS 605.02 356171 07/27/2017 E -Z BREW COFFEE & BOTTLE WATER SVC 231.23 356172 07/27/2017 KELLY TRACTOR CO 4,039.50 356173 07/27/2017 AMERIGAS EAGLE PROPANE LP 105.79 356174 07/27/2017 AMERIGAS EAGLE PROPANE LP 144.00 356175 07/27/2017 AMERIGAS EAGLE PROPANE LP 1,127.54 356176 07/27/2017 WILD LAND ENTERPRISES INC 10.00 356177 07/27/2017 LFI FORT PIERCE INC 1,894.73 356178 07/27/2017 CLIFF BERRY INC 1,135.75 356179 07/27/2017 HD SUPPLY WATERWORKS, LTD 12,751.84 356180 07/27/2017 PETES CONCRETE 2,450.00 356181 07/27/2017 VERO INDUSTRIAL SUPPLY INC 102.48 356182 07/27/2017 AMERICAN RESIDENTIAL SERVICES LLC 500.00 356183 07/27/2017 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 1,000.00 356184 07/27/2017 DELL MARKETING LP 1,119.55 356185 07/27/2017 THE GOODYEAR TIRE & RUBBER COMPANY 4,846.74 356186 07/27/2017 THE GOODYEAR TIRE & RUBBER COMPANY 587.00 P103 TRANS NB R DATE VENDOR AMOUNT 356187 07/27/2017 BAKER & TAYLOR INC 905.92 356188 07/27/2017 MIDWEST TAPE LLC 261.47 356189 07/27/2017 K & M ELECTRIC SUPPLY 523.89 356190 07/27/2017 CENGAGE LEARNING INC 640.29 356191 07/27/2017 PALM TRUCK CENTERS INC 1,438.66 356192 07/27/2017 SOFTWARE HARDWARE INTEGRATION 2,436.30 356193 07/27/2017 GREENE INVESTMENT PARTNERSHIP LTD 3,713.54 356194 07/27/2017 BOYS & GIRLS CLUB OF INDIAN 7,500.00 356195 07/27/2017 CLERK OF CIRCUIT COURT 1,816.90 356196 07/27/2017 INDIAN RIVER COUNTY HEALTH DEPT 50,235.75 356197 07/27/2017 MEDICAL EXAMINERS OFFICE 30,915.91 356198 07/27/2017 VICTIM ASSISTANCE PROGRAM 5,633.75 356199 07/27/2017 ROGER J NICOSIA 1,500.00 356200 07/27/2017 CITY OF VERO BEACH 55,796.28 356201 07/27/2017 CITY OF VERO BEACH 757.35 356202 07/27/2017 CITY OF VERO BEACH 2,072.78 356203 07/27/2017 CITY OF VERO BEACH 11,700.00 356204 07/27/2017 CITY OF VERO BEACH 4,861.00 356205 07/27/2017 CHAPTER 13 TRUSTEE 201.08 356206 07/27/2017 UNITED WAY OF INDIAN RIVER COUNTY 563.00 356207 07/27/2017 FERGUSON ENTERPRISES INC 20,704.00 356208 07/27/2017 FLORIDA GOVERNMENT FINANCE 140.00 356209 07/27/2017 LIVINGSTON PAGE 148.00 356210 07/27/2017 JANITORIAL DEPOT OF AMERICA INC 115.09 356211 07/27/2017 FLORIDA FISH & WILDLIFE 5,532.99 356212 07/27/2017 TREASURE COAST HOMELESS SERVICES 31,223.00 356213 07/27/2017 FLORIDA DEPT OF EDUCATION 216.53 356214 07/27/2017 HUMANE SOCIETY 24,840.00 356215 07/27/2017 PUBLIC SUPERMARKETS 55.74 356216 07/27/2017 WAL MART STORES EAST LP 63.94 356217 07/27/2017 WAL MART STORES EAST LP 25.00 356218 07/27/2017 UNIVERSITY OF FLORIDA 500.00 356219 07/27/2017 INTERNATIONAL GOLF MAINTENANCE INC 88,148.43 356220 07/27/2017 DEANGELO BROTHERS INC 393.00 356221 07/27/2017 GEOSYNTEC CONSULTANTS INC 4,691.14 356222 07/27/2017 FEDERAL EXPRESS CORP 58.17 356223 07/27/2017 CITY OF SEBASTIAN 22,863.25 356224 07/27/2017 CITY OF SEBASTIAN 4,861.00 356225 07/27/2017 TIMOTHY ROSE CONTRACTING INC 12,718.95 356226 07/27/2017 FLORIDA POWER AND LIGHT 101,667.89 356227 07/27/2017 FLORIDA POWER AND LIGHT 21,891.89 356228 07/27/2017 THOMAS S LOWTHER FUNERAL HOME CORP 425.00 356229 07/27/2017 FLORIDA BLUE 1,096.62 356230 07/27/2017 PHILLIP I MATSON 96.55 356231 07/27/2017 KETTELA ENTERPRISES 436.72 356232 07/27/2017 STATE ATTORNEY 4,581.45 356233 07/27/2017 CITY OF FELLSMERE 14.96 356234 07/27/2017 CITY OF FELLSMERE 4,861.00 356235 07/27/2017 SUNSHINE STATE ONE CALL OF FL INC 1,264.17 356236 07/27/2017 JASON E BROWN 40.00 356237 07/27/2017 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 100.00 356238 07/27/2017 B & H FOTO & ELECTRONICS CORP 1,627.95 356239 07/27/2017 TREASURE COAST SPORTS COMMISSION INC 4,659.00 356240 07/27/2017 IRC HEALTHY START COALITION INC 500.00 356241 07/27/2017 IRC HEALTHY START COALITION INC 2,500.00 356242 07/27/2017 IRC HEALTHY START COALITION INC 1,000.00 356243 07/27/2017 IRC HEALTHY START COALITION INC 1,666.66 356244 07/27/2017 BE SAFE SECURITY ALARMS INC 589.40 356245 07/27/2017 FLORIDA UC FUND 320.74 356246 07/27/2017 GERALD AYOUNG SR 60.00 P104 TRANS NBR DATE VENDOR AMOUNT 356247 07/27/2017 CHRISTOPHER S STUCKEY 90.00 356248 07/27/2017 HENRY SMITH 198.00 356249 07/27/2017 PITNEY BOWES INC 536.14 356250 07/27/2017 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 507.00 356251 07/27/2017 KEEP INDIAN RIVER BEAUTIFUL INC 290.66 356252 07/27/2017 LELCO FB TALLAHASSEE LLL 193.00 356253 07/27/2017 LELCO FB TALLAHASSEE LLL 193.00 356254 07/27/2017 CAROLINA SOFTWARE INC 500.00 356255 07/27/2017 BRIDGESTONE AMERICAS INC 494.64 356256 07/27/2017 CEL1CO PARTNERSHIP 240.76 356257 07/27/2017 FLORIDA DEPT OF JUVENILE JUSTICE 34,108.33 356258 07/27/2017 SYNAGRO-WWT INC 38,343.41 356259 07/27/2017 THE CLEARING COMPANY LLC 2,045.00 356260 07/27/2017 BIG BROTHERS AND BIG SISTERS 1,875.00 356261 07/27/2017 BIG BROTHERS AND BIG SISTERS 5,064.06 356262 07/27/2017 DASIE BRIDGEWATER HOPE CENTER INC 4,421.75 356263 07/27/2017 MARTZ, BARBARA & EDWARD 244.08 356264 07/27/2017 3-D FENCING LLC 75.00 356265 07/27/2017 MASTELLER & MOLER INC 4,587.50 356266 07/27/2017 STAPLES CONTRACT & COMMERCIAL INC 245.14 356267 07/27/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 269.15 356268 07/27/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 272.80 356269 07/27/2017 ADMIN FOR CHILD SUPPORT ENFORCEMENT 152.22 356270 07/27/2017 LARRY STEPHENS 306.00 356271 07/27/2017 ORCHID ISLAND PROPERTY MGMT II INC 12,182:00 356272 07/27/2017 D&S ENTERPRISES OF VERO BCH LLC 12.60 356273 07/27/2017 SUNCOAST REALTY & RENTAL MGMT LLC 500.00 356274 07/27/2017 JOHNNY B SMITH 272.00 356275 07/27/2017 MC CORMICK, JEANNE 242.98 356276 07/27/2017 MUNICIPAL WATER WORKS INC 14,874.00 356277 07/27/2017 MCCULLEY MARINE SERVICES INC 42,000.00 356278 07/27/2017 CHARLES A WALKER 80.00 356279 07/27/2017 KARI CUNDIFF 60.00 356280 07/27/2017 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 1,000.00 356281 07/27/2017 PATHAK, SHARMILA 212.51 356282 07/27/2017 TREASURE COAST FOOD BANK INC 133.36 356283 07/27/2017 K'S COMMERCIAL CLEANING 16,954.08 356284 07/27/2017 WINSUPPLY OF VERO BEACH 27.36 356285 07/27/2017 HMA-SOLANTIC JOINT VENTURE LLC DBA 45.00 356286 07/27/2017 VERA SMITH 198.00 356287 07/27/2017 GARRETT SMITH 216.00 356288 07/27/2017 KELLY COLLINS & GENTRY INC 8,723.75 356289 07/27/2017 ECMC 260.09 356290 07/27/2017 OVERDRIVE INC 1,866.31 356291 07/27/2017 BERMUDA SANDS APPAREL LLC 282.00 356292 07/27/2017 ANTOWAIN PERSON 72.00 356293 07/27/2017 ALAN JAY CHEVROLET CADILLAC 83,246.50 356294 07/27/2017 GFA INTERNATIONAL INC 20,727.00 356295 07/27/2017 MOORE MOTORS INC 290.01 356296 07/27/2017 TIM ZORC 250.82 356297 07/27/2017 LOWES HOME CENTERS INC 552.02 356298 07/27/2017 CARDINAL HEALTH 110 INC 5,395.00 356299 07/27/2017 LEARNING ALLIANCE 6,322.24 356300 07/27/2017 PENGUIN RANDOM HOUSE LLC 250.40 356301 07/27/2017 CARMEN LEWIS 116.00 356302 07/27/2017 KANSAS STATE BANK OF MANHATTAN 138.40 356303 07/27/2017 C E R SIGNATURE CLEANING 850.00 356304 07/27/2017 DEBORAH CUEVAS 36.00 356305 07/27/2017 BRUCE SABOL 80.00 356306 07/27/2017 SUSANADAMS 79.57 P105 TRANS NBR DATE VENDOR AMOUNT 356307 07/27/2017 FAMILY SUPPORT REGISTRY 156.45 356308 07/27/2017 NAPIER & ROLLIN PLLC 375.00 356309 07/27/2017 LANGHAM CONSULTING SERVICES INC 7,020.00 356310 07/27/2017 RELIANT FIRE SYSTEMS INC 170.00 356311 07/27/2017 DIMICHELLI'S CATERING INC 896.00 356312 07/27/2017 SCRIPPS NP OPERATING LLC 3,132.05 356313 07/27/2017 OASIS PRINTING INC 18.83 356314 07/27/2017 TRIBOND LLC 8,167.44 356315 07/27/2017 HEALTHFAIR PLUS PC 32,555.00 356316 07/27/2017 CATHEDRAL CORPORATION 35,000.00 356317 07/27/2017. GERELCO TRAFFIC CONTROLS INC 1,585.00 356318 07/27/2017 UNIFIRST CORPORATION 581.95 356319 07/27/2017 JAY AMMON ARCHITECT INC 18,645.00 356320 07/27/2017 SITEONE LANDSCAPE SUPPLY LLC 154.83 356321 07/27/2017 GOTTA GO GREEN ENTERPISES INC 56.07 356322 07/27/2017 ADVANCE STORES COMPANY INCORPORATED 348.89 356323 07/27/2017 MEEK & SONS PLUMBING INC 960.78 356324 07/27/2017 DENISE GILLESPIE 410.00 356325 07/27/2017 EGP DOCUMENT SOLUTIONS LLC 910.51 356326 07/27/2017 NORTH AMERICAN OFFICE SOLUTIONS INC 145.85 356327 07/27/2017 RUSSELL L OWEN 111 60.00 356328 07/27/2017 EDUCATION FOUNDATION OF INDIAN RIVER COUNTY 7,950.13 356329 07/27/2017 A&T EUROPE S P A 400.00 356330 07/27/2017 MATHESON TRI -GAS INC 200.00 356331 07/27/2017 PEOPLE READY INC 14,710.65 356332 07/27/2017 ROBERT O RICHARDSON 111 60.00 356333 07/27/2017 CHARD SNYDER & ASSOCIATES INC 90.00 356334 07/27/2017 PAUL EVIVANCO 180.00 356335 07/27/2017 COLE AUTO SUPPLY INC 3,343.43 356336 07/27/2017 KONICA MINOLTA BUSINESS SOLUTIONS 3,186.42 356337 07/27/2017 KIMBERLY RICCIARDONE 170.00 356338 07/27/2017 BETH NOLAN 50.00 356339 07/27/2017 THOMAS R PILIERO 60.00 356340 07/27/2017 RESCUE LIFT SYSTEMS 880.00 356341 07/27/2017 AWE ACQUISITION INC 8,890.00 356342 07/27/2017 WHITT CHENOWITH 54.00 356343 07/27/2017 US DEPT OF TREASURY 144.20 356344 07/27/2017 MARISSAWEAVER 21.40 356345 07/27/2017 MARY STEPHENS 162.00 356346 07/27/2017 MARGARET KUBICEK 371.90 356347 07/27/2017 BRENDA GILMORE 30.00 356348 07/27/2017 RONALD DAMBROSIO 1,028.54 356349 07/27/2017 SANDRAGRIBBLE 150.00 356350 07/27/2017 MAE JOHNSON 150.00 356351 07/27/2017 UTILREFUNDS 43.18 356352 07/27/2017 UTILREFUNDS 72.01 356353 07/27/2017 UTILREFUNDS 36.92 356354 07/27/2017 UTILREFUNDS 27.38 356355 07/27/2017 UTILREFUNDS 104.94 356356 07/27/2017 UTILREFUNDS 42.33 356357 07/27/2017 UTILREFUNDS 91.74 356358 07/27/2017 UTILREFUNDS 92.06 356359 07/27/2017 UTILREFUNDS 83.41 356360 07/27/2017 UTILREFUNDS 842.36 356361 07/27/2017 UTILREFUNDS 34.35 356362 07/27/2017 UTIL REFUNDS 2.93 356363 07/27/2017 UTILREFUNDS 42.75 356364 07/27/2017 UTIL REFUNDS 66.40 356365 07/27/2017 UTIL REFUNDS 155.60 356366 07/27/2017 UTIL REFUNDS 54.27 P106 TRANS NB R DATE VENDOR AMOUNT 356367 07/27/2017 UTILREFUNDS 27.42 356368 07/27/2017 UTILREFUNDS 24.98 356369 07/27/2017 UTILREFUNDS 65.23 356370 07/27/2017 UTILREFUNDS 6.80 356371 07/27/2017 UTILREFUNDS 30.80 356372 07/27/2017 UTIL REFUNDS 54.86 356373 07/27/2017 UTIL REFUNDS 76.46 356374 07/27/2017 UTIL REFUNDS 43.60 356375 07/27/2017 UTIL REFUNDS 50.32 356376 07/27/2017 UTIL REFUNDS 43.18 356377 07/27/2017 UTILREFUNDS 45.47 356378 07/27/2017 UTILREFUNDS 34.50 356379 07/27/2017. UTIL REFUNDS 68.22 356380 07/27/2017 UTILREFUNDS 43.60 356381 07/27/2017 UTIL REFUNDS 12.54 356382 07/27/2017 UTIL REFUNDS 73.63 356383 07/27/2017 UTIL REFUNDS 38.34 356384 07/27/2017 UTILREFUNDS 110.89 356385 07/27/2017 UTIL REFUNDS 22.69 356386 07/27/2017 UTIL REFUNDS 21.08 356387 07/27/2017 UTIL REFUNDS 5.92 Grand Total: 1,178,706.85 — —P107 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE 5286 07/21/2017 5287 07/21/2017 5288 07/26/2017 5289 07/26/2017 5290 07/26/2017 5291 07/26/2017 5292 07/26/2017 5293 07/26/2017 5294 07/27/2017 5295 07/27/2017 Grand Total: VENDOR AMOUNT IRC CHAMBER OF COMMERCE 9,209.05 WRIGHT EXPRESS FSC 17,064.99 I R C HEALTH INSURANCE - TRUST 85,970.34 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 6,159.96 HEALTH ADVOCATE 397.65 CHARD SNYDER & ASSOCIATES INC 96.40 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 12,037.95 INDIAN RIVER COUNTY SHERIFF 10,706.40 MUTUAL OF OMAHA 1,895.00 BENEFITS WORKSHOP 7,135.52 150,673.26 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1011757 01/21/2017 AT&T 1,963.15 1011758 07/21/2017 OFFICE DEPOT BSD CUSTOMER SVC 323.97 1011759 07/21/2017 WASTE MANAGEMENT INC 4,641.43 1011760 07/21/2017 COMCAST 84.90 1011761 07/21/2017 COPYCOINC 274.70 1011762 07/21/2017 INDIAN RIVER OXYGEN INC 128.50 1011763 07/21/2017 RING POWER CORPORATION 574.58 1011764 07/21/2017 MIKES GARAGE & WRECKER SERVICE INC 55.00 1011765 07/21/2017 NEWMANS POWER SYSTEMS 3,454.70 1011766 07/21/2017 GROVE WELDERS INC 157.22 1011767 07/21/2017 SOUTHERN COMPUTER WAREHOUSE 3,865.45 1011768 07/21/2017 FIRST HOSPITAL LABORATORIES INC 709.50 1011769 07/21/2017 THYSSENKRUPP ELEVATOR 9,816.00 1011770 07/21/2017 COMMERCIAL ENERGY SPECIALISTS 1,096.31 1011771 07/21/2017 TOTAL TRUCK PARTS INC 1,246.58 1011772 07/21/2017 COMO OIL COMPANY OF FLORIDA 70.00 1011773 07/21/2017 COMPLETE ELECTRIC INC 2,150.00 1011774 07/21/2017 SHRIEVE CHEMICAL CO 2,417.33 1011775 07/21/2017 ECONOLITE CONTROL PRODUCTS INC 9,500.00 1011776 07/21/2017 RECHTIEN INTERNATIONAL TRUCKS 834.92 1011777 07/21/2017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 150.11 1011778 07/21/2017 WRIGHT FASTENER COMPANY LLC 568.00 1011779 07/21/2017 PACE ANALYTICAL SERVICES INC 350.00 1011780 07/21/2017 FPS OFFICE SOLUTIONS LLC 124.99 1011781 07/21/2017 NEXAIR LLC 2,058.58 1011782 07/25/2017 EVERGLADES FARM EQUIPMENT CO INC 278.78 1011783 07/25/2017 COLKITT SHEET METAL & A/C INC 99.95 1011784 07/25/2017 COLD AIR DISTRIBUTORS WAREHOUSE 469.57 1011785 07/25/2017 APPLE INDUSTRIAL SUPPLY CO 81.00 1011786 07/25/2017 APPLE MACHINE & SUPPLY CO 78.00 1011787 07/25/2017 BENNETT AUTO SUPPLY INC 744.72 1011788 07/25/2017 AUTO PARTNERS LLC 1,367.12 1011789 07/27/2017 ROBINSON EQUIPMENT COMPANY INC 978.99 1011790 07/27/2017 HENRY SCHEIN INC 766.25 1011791 07/27/2017 NORTH SOUTH SUPPLY INC 301.81 1011792 07/27/2017 UNIVERSAL SIGNS & ACCESSORIES 3,065.00 1011793 07/27/2017 INDIAN RIVER BATTERY 1,740.85 1011794 07/27/2017 MIKES GARAGE & WRECKER SERVICE INC 65.00 1011795 07/27/2017 MEEKS PLUMBING INC 608.50 1011796 07/27/2017 IRRIGATION CONSULTANTS UNLIMITED INC 100.03 1011797 07/27/2017 HILL MANUFACTURING CO INC 1,564.11 1011798 07/27/2017 GROVE WELDERS INC 56.90 1011799 07/27/2017 SOUTHERN COMPUTER WAREHOUSE 706.65 1011800 07/27/2017 HD SUPPLY FACILITIES MAINTENANCE LTD 545.22 1011801 07/27/2017 GLOBAL GOLF SALES INC 135.70 1011802 07/27/2017 MIDWEST MOTOR SUPPLY CO 881.82 1011803 07/27/2017 RECHTIEN INTERNATIONAL TRUCKS 597.06 1011804 07/27/2017 SOUTHERN JANITOR SUPPLY INC 1,366.50 1011805 07/27/2017 HARCROS CHEMICALS, INC. 10,632.54 1011806 07/27/2017 GREEN EQUIPMENT COMPANY 225.00 1011807 07/27/2017 METRO FIRE PROTECTION SERVICES INC 914.90 1011808 07/27/2017 WHEELABRATOR RIDGE ENERGY INC 3,079.55 1011809 07/27/2017 L&LDISTRIBUTORS 683.18 1011810 07/27/2017 HYDRA SERVICE (S) INC 15,193.00 1011811 07/27/2017 XYLEM WATER SOLUTION USA INC 9,175.10 1011812 07/27/2017 TIGHT LINE PRODUCTIONS INC 1,261.00 1011813 07/27/2017 JDASYSTEMS 1,635.00 1011814 07/27/2017 FPS OFFICE SOLUTIONS LLC 1,200.00 P109 TRANS. NBR DATE VENDOR AMOUNT 1011815 07/27/2017 NEXAIR LLC 12.79 Grand Total: 107,227.51 —Pilo JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 18012711 Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: August 3, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS July 28, 2017 to August 3, 2017 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to he 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 July 28, 2017 to August 3, 2017. Attachment: P111 CHECKS WRITTEN TRANS NRR DATE VENDOR AMOUNT 356388 08/01/2017 ORANGE COUNTY HOUSING & C D 651.73 356389 08/01/2017 ALL FLORIDA REALTY SERVICES INC 3,955.00 356390 08/01/2017 VERO BEACH EDGEWOOD PLACE LP 949.00 356391 08/01/2017 GRACES LANDING LTD 9,472.00 356392 08/01/2017 LINDSEY GARDENS LTD 6,257.00 356393 08/01/2017 BRYAN D BLAIS 356.00 356394 08/01/2017 WILLIE C REAGAN 449.00 356395 08/01/2017 RIVER PARK ASSOCIATES LIMITED 14,416.00 356396 08/01/2017 RICHARD C THERIEN 444.00 356397 08/01/2017 CREATIVE CHOICE HOMES XVI LTD 10,700.00 356398 08/01/2017 DAVID YORK 502.00 356399 08/01/2017 ST FRANCIS MANOR OF VERO BEACH 272.00 356400 08/01/2017 TREASURE COAST HOMELESS SERVICES 849.00 356401 08/01/2017 VENETIAN APARTMENTS OFVERO BEACH 390.00 356402 08/01/2017 PINNACLE GROVE LTD 9,437.00 356403 08/01/2017 VERO CLUB PARTNERS LTD 8,036.00 356404 08/01/2017 DAVID SPARKS 383.00 356405 08/012017 INDIAN RIVER COUNTY HOUSING AUTHORITY 533.00 356406 08/01/2017 INDIAN RIVER COUNTY HOUSING AUTHORITY 534.00 356407 08/012017 CRAIG MERRILL 1,209.00 356408 08/012017 CHRISTINE SALTER 483.00 356409 08/012017 HAGGERTY FAMILY LTD 373.00 356410 08/012017 SUNQUEST INC 4,473.00 356411 08/01/2017 THE PALMS ATVERO BEACH 12,324.00 356412 08/012017 FELLSMERE COMM ENRICHMENT PROGRAM INC 88.00 356413 08/012017 DAVID CONDON 632.00 356414 08/012017 HILARYMCIVOR 418.00 356415 08/012017 PAULA LANE 451.00 356416 08/012017 PELICAN ISLES LP 7,990.00 356417 08/012017 KATE TYSON LYONS 334.00 356418 08/012017 SUNCOAST REALTY & RENTAL MGMT LLC 4,336.00 356419 08/012017 OAK RIVER PROPERTIES INC 248.00 356420 08/012017 SONRISE VILLAS LTD 2,504.00 356421 08/012017 ADINA GOLDMAN 545.00 356422 08/01/2017 INDIAN RIVER RDA LP 5,373.00 356423 08/012017 MAURICE W BROWN 497.00 356424 08/012017 RICHARD L DAVENPORT 495.00 356425 08%012017 GEORGE THUYNS 609.00 356426 08/012017 LAZY J LLC 1,738.00 356427 08/012017 SYLVIAMCNEILL 719.00 356428 08/012017 SKOKIE HOLDINGS INC 704.00 356429 08/012017 ROGER WINSLOW 478.00 356430 08/012017 OSLO VALLEY PROPERTIES INC 319.00 356431 08/012017 SAID S MOOBARK 1,317.00 356432 08/0.1/2017 OSCEOLA COUNTY SECTION 8 622.73 356433 08/012017 LINDSEY GARDENS H LTD 4,640.00 356434 08/012017 ANTHONYARROYO 654.00 356435 08/012017 AHS HOLDINGS GROUP LLC 3,508.00 356436 08/012017 DANIEL CORY MARTIN 742.00 356437 08/012017 YVONNE KOUTSOFIOS 370.00 356438 08/012017 ALAN R TOKAR 650.00 356439 08/01/2017 VERO BEACH VILLAS I LLC 462.00 356440 08/01/2017 BRIAN E GALLAGHER 524.00 356441 08/01/2017 HOUSING AUTHORITY 766.73 356442 08/012017 STEPHANIE WATCHEK FOUNTAIN TRUST 243.00 356443 08/01/2017 SCOT WILKE 503.00 356444 08/012017 J & K PALMER ENTERPRISES LLC 191.00 356445 08/01/2017 THEODORE BARTOSIEWICZ 508:00 TRANS NBR DATE VENDOR AMOUNT 356446 08/01/2017 FOUNDATION FOR AFFORDABLE RENTAL 20,687.00 356447 08/01/2017 RICHARD KUSSEROW 573.00 356448 08/01/2017 ARE JAY INVESTMENTS OF INDIAN RIVER COUNTY IN 514.00 356449 08/01/2017 SONRISE VILLAS II LLC 591.00 356450 08/01/2017 JOHN T STANLEY 785.00 356451 08/01/2017 CSMA SFR HOLDINGS II -LLC 503.00 356452 08/01/2017 YELLOW KID INC 550.00 356453 08/01/2017 WEDGEWOOD RENTALS LLC 1,607.00 356454 08/012017 ALMA LUCKETT 854.00 356455 08/012017 LIVE OAKS REALTY INC 227.00 356456 08/012017 IBIS GARDENS APTS LLC 476.00 356457 08/01/2017 MCLAUGHLIN PROPERTIES LLC 1,196.00 356458 08/012017 JOYCE BODANZA 552.00 356459 08/012017 MYRIAM MELENDEZ 438.00 356460 08/012017 1135 RENTALS LLC 580.00 356461 08/032017 PORT CONSOLIDATED INC 384.80 356462 08/03/2017 JORDAN MOWER INC 1,155.77 356463 08/032017 RANGER CONSTRUCTION IND INC 1,809.48 356464 08/032017 VERO CHEMICAL DISTRIBUTORS INC 718.65 356465 08/032017 KIMLEY HORN & ASSOC INC 1,112.02 356466 08/032017 VELDE FORD INC 430.05 356467 08/032017 SAFETY PRODUCTS INC 2,508.72 356468 08/032017 STEWART MATERIALS INC 11,576.85 356469 08/032017 AT&T WIRELESS 126.73 356470 08/032017 DATA FLOW SYSTEMS INC 3,875.66 356471 08/032017 DELTA SUPPLY CO 236.44 356472 08/032017 KELLY TRACTOR CO 1,274.79 356473 08/032017 GRAYBAR ELECTRIC 161.76 356474 08/03/2017 MCMASTER CARR SUPPLY CO 127.28 356475 08/032017 AMERIGAS EAGLE PROPANE LP 1,103.50 356476 08/032017 AMERIGAS EAGLE PROPANE LP 1,232.68 356477 08/032017 HACH CO 1,908.26 356478 08/03/2017 LFI FORT PIERCE INC 1,303.19 356479 08/03/2017 HD SUPPLY WATERWORKS, LTD 24,534.32 356480 08/03%2017 ECOTECH CONSULTANTS INC 2,814.00 356481 08/03/2017 EXPRESS REEL GRINDING INC 1,500.00 356482 08/032017 TIRESOLES OF BROWARD INC 396.95 356483 08/03/2017 CHILDCARE RESOURCES OF IRC INC 18,948.88 356484 08/03/2017 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 4,000.00 356485 08/032017 BAKER & TAYLOR INC 6,299.69 356486 08/032017 MIDWEST TAPE LLC 591.98 356487 08/032017 MWI CORP .1,552.06 356488 08/032017 METTLER TOLEDO INC 4,978.85 356489 08/032017 MICROMARKETING LLC 58.24 356490 08/032017 BAKER DISTRIBUTING CO LLC 109.51 356491 08/032017 BAKER DISTRIBUTING CO LLC 57.71 356492 08/032017 ATKINS NORTH AMERICA INC 11,540.58 356493 08/03/2017 PENWORTHY COMPANY 992.61 356494 08/032017 GO COASTAL INC 333.00 356495 08/032017 SOFTWARE HARDWARE INTEGRATION 7,518.88 356496 08/032017 PING INC 895.73 356497 08/032017 PST SERVICES INC 40,101.36 356498 08/032017 INDIAN RIVER COUNTY HEALTH DEPT 1;562.40 356499 08/032017 CITY OF VERO BEACH 9,642.18 356500 08/032017 INDIAN RIVER ALL FAB INC 754.27 356501 08/032017 UNITED PARCEL SERVICE INC 82.57 356502 08/032017 FERGUSON ENTERPRISES INC 771.20 356503 08/032017 LIVINGSTON PAGE 246.00 356504 08/032017 JANITORIAL DEPOT OF AMERICA INC 373.99 356505 08/03/2017 HENRY FISCHER & SONS INC 660.00 . -----P113 TRANS NBR DATE VENDOR AMOUNT 356506 08/03/2017 PUBLIX SUPERMARKETS 84.58 356507 08/03/2017 PUBLIX SUPERMARKETS 55.74 356508 08/03/2017 ACUSHNET COMPANY 1,151.20 356509 08/032017 DEANGELO BROTHERS INC 302.50 356510 08/032017 GEOSYNTEC CONSULTANTS INC 465.05 356511 08/032017 FLORIDA POWER AND LIGHT 20,217.46 356512 08/032017 FLORIDA POWER AND LIGHT 1,879.84 356513 08/032017 WASTE MANAGEMENT INC 183,458.22 356514 08/032017 LANGUAGE LINE SERVICES INC 154.77 356515 08/032017 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 6,000.00 356516 08/032017 CAREER TRACK 49.00 356517 08/032017 CAREER TRACK 49.00 356518 08/032017 TREASURE COAST SPORTS COMMISSION INC 4,659.00 356519 08/032017 CHRISTOPHER S STUCKEY 108.00 356520 08/032017 MYLES BROWN 108.00 356521 08/032017 HENRY SMITH 72.00 356522 08/032017 EMBASSY SUITES HOTEL 119.00 356523 08/032017 ALAN C KAUFFMANN 560.00 356524 08/032017 EVENTMAKERS INTERNATIONAL LLC 203.84 356525 08/032017 BLUE CROSS BLUE SHIELD 473.77 356526 08/032017 BANK OF NEW YORK 1,262.50 356527 08/032017 HUMANA 455.53 356528 08/032017 THE PALMS AT VERO BEACH 597.00 356529 08/032017 MICHAEL QUIGLEY 350.00 356530 08/032017 RUSSELL PAYNE INC 289.38 356531 08/032017 TRANS US INC 6,225.00 356532 08/032017 CELICO PARTNERSHIP 120.07 356533 08/03/2017 MICHAEL WYATT 106.52 356534 08/032017 VAN WAL INC 105.00 356535 08/032017 FLORIDA FLOODPLAIN MANAGERS ASSOC 50.00 356536 08/032017 FLORIDA FLOODPLAIN MANAGERS ASSOC 50.00 356537 08/03/2017 CENTRAL PUMP & SUPPLY INC 550.04 356538 08/032017 MASTELLER & MOLER INC 12,092.00 356539 08/032017 STAPLES CONTRACT & COMMERCIAL INC 641.30 356540 08/032017 W F MCCAIN & ASSOCIATES INC 4,500.00 356541 08/032017 GLOVER OIL COMPANY INC 988.26 356542 08/032017 GARY 1, EMBREY 134.00 356543 08/032017 JARED FONVIELLE 68.00 356544 08/032017 RAYMOND CHOQUET 96.00 356545 08/032017 LARRY STEPHENS 90.00 356546 08/032017 1ST FIRE & SECURITY INC 204.00 356547 08/032017 MICHAEL W E1RLS 1,300.00 356548 08/032017 JOHNNY B SMITH 224.00 356549 08/032017 GLOBALSTAR USA 146.66 356550 08/032017 CHARLES A WALKER 210.00 356551 08/032017 DYNAMIC AIR QUALITY & COOLING INC 128.75 356552 08/032017 PAUL PECK 847.00 356553 08/032017 INDIAN RIVER SOCCER ASSOCIATION 3,500.00 356554 08/032017 WAYNE RUSS 242.00 356555 08/032017 KATHLEEN P DOUGHERTY 270.00 356556 08/032017 LISA CHIANESE 40.00 356557 08/032017 RENAE CHANDLER 40.00 356558 08/032017 C.E. HOOD CONSTRUCTION 75.00 356559 08/032017 SERVICE INSURANCE COMPANY 9,969.00 356560 08/032017 NICOLACE MARKETING INC 2,461.50 356561 08/03/2017 WINSUPPLY OF VERO BEACH 151.15 356562 08/03/2017 FLORIDA MEDICAID 280.37 356563 08/032017 VERA SMITH 72.00 356564 08/032017 GARRETT SMITH 108.00 356565 08/032017 SECURITYMETRICS 99.98 P114 TRANS NBR DATE VENDOR AMOUNT 356566 08/03/2017 WOERNER DEVELOPMENT INC 684.00 356567 08/03/2017 ATLANTIC COASTAL LAND TITLE CO LLC 75.00 356568 08/03/2017 CLOVERLEAF CORPORATION 492.00 356569 08/03/2017 THOMPSONS REMODELING & HOME REPAIR INC 3,000.00 356570 08/03/2017 YOUR AQUA INSTRUCTOR LLC 300.00 356571 08/03/2017 FLORIDA ARMATURE WORKS INC 4,142.25 356572 08/03/2017 MONICA L FOLK 2,500.00 356573 08/03/2017 VEROTOWN LLC 4,500.00 356574 08/03/2017 VEROTOWN LLC 20,000.00 356575 08/03/2017 HEATHER HATTON 170.00 356576 08/03/2017 JOSHUA HARVEY GHIZ 2,440.19 356577 08/03/2017 REPROGRAPHIC SOLUTIONS INC 3.12 356578 08/0312017 LOWES HOME CENTERS INC 1,469.79 356579 08/03/2017 PPG ARCHITECTURAL FINISHES INC 74.96 356580 08/03/2017 DEAN MEAD EGERTON BLOODWORTH CAPOUANO & 121,964.30 356581 08/0312017 KELLY LORRAINE HAMLIN 120.00 356582 08/03/2017 ALEX MIKLO 320.00 356583 08/032017 BURNETT LIME CO INC 25,550.00 356584 08/0312017 BURNETT LIME CO INC 969.25 356585 08/032017 TREASURE COAST TURF INC 450.00 356586 08/032017 PENGUIN RANDOM HOUSE LLC 174.60 356587 08/032017 CARMEN LEWIS 156.00 356588 08/032017 STRAIGHTOAKLLC 325.30 356589 08/032017 SCADA SOLUTIONS LLC 1,500.00 356590 68/032017 SOUTHERN MANAGEMENT LLC 650.00 356591 08/032017 AMERICRANE & HOIST CORPORTATION 481.32 356592 08/032017 DEBORAH CUEVAS 288.00 356593 08/032017 RYAN HERCO PRODUCTS CORP 292.59 356594 08/032017 CHEMTRADE CHEMICALS CORPORTATION 4,548.53 356595 08/03/2017 KATE P COTNER 217.93 356596 08/032017 WADE WILSON 210.00 356597 08/032017 MONA MOSHKI FEDERICI 120.00 356598 08/032017 STILLWATER CONSTRUCTION INC 20,700.00 356599 08/032017 eMA1NT ENTERPRISES LLC 3,060.00 356600 08/032017 RONALD NICHELSON 120.00 356601 08/032017 COBRA GOLF INCORPORATED 151.80 356602 08/032017 MICHAEL EDWARD HAMILTON 300.00 356603 08/032017 SYLI V IA MILLER 2,067.00 356604 08/032017 JOSEPH DIZONNO 140.00 356605 08/03/2017 MOLINA HEALTHCARE MEDICAID 593.27 356606 08/032017 CATHEDRAL CORPORATION 4,048.84 356607 08/0312017 GERELCO TRAFFIC CONTROLS INC 2,799.00 356608 08/032017 UNIFIRST CORPORATION 1,952.67 356609 08/032017 WILSON SPORTING GOODS CO 1,033.50 356610 08/032017 SITEONE LANDSCAPE SUPPLY LLC 175.87 356611 08/032017 CSMA SFR HOLDINGS 11 -LLC 414.00 356612 08/032017 HYDROMAX USA LLC 82,233.26 356613 08/032017 ADVANCE STORES COMPANY INCORPORATED 733.97 356614 08/032017 DENISE GILLESPIE 50.00 356615 08/032017 EGP DOCUMENT SOLUTIONS LLC 944.69 356616 08/0312017 NORTH AMERICAN OFFICE SOLUTIONS INC 42.74 356617 08/032017 RUSSELL L OWEN 111 100.00 356618 08/032017 EZLINKS GOLF LLC 300.00 356619 08/0312017 NWI RECYCLING INC 3,702.00 356620 08/032017 EASTERN PIPELINE CONSTRUCTION INC 1,000.00 356621 08/032017 PATRICK JAMES ECYCLE LLC 1,750.00 356622 08/032017 EDWARD 1LLIDGE 350.00 356623 08/032017 MARTIN COUNTY BCC 10,000.00 356624 08/032017 MAT14ESON TRI -GAS INC 13,379.93 356625 08/032017 PEOPLE READY INC 8,935.04 P115 TRANS NBR DATE VENDOR AMOUNT 356626 08/03/2017 KEITH ADAMS 200.00 356627 08/03/2017 ROBERT 0 RICHARDSON H] 230.00 356628 08/03/2017 EMILY GOUGE 260.00 356629 08/03/2017 RAULEVIVANCO 216.00 356630 08/03/2017 CANARX GROUP INC 2,227.30 356631 08/03/2017 WILLIS SPORTS ASSOCIATION INC 1,451.46 356632 08/03/2017 COLE AUTO SUPPLY INC 792.42 356633 08/03/2017 MARISAALEXANDER 20.00 356634 08/03/2017 BETH NOLAN 60.00 356635 08/03/2017 THOMAS R PILIERO 44.00 356636 08/03/2017 ERIC GAYETSKY 60.00 356637 08/03/2017 BETTYE J ALEXANDER 150.00 356638 08/03/2017 SARAH KELLY 190.00 356639 08/03/2017 AQUATIC SYNERGY LLC 280.00 356640 08/03/2017 TEASER LLC 550.00 356641 08/03/2017 MARY STEPHENS 36.00 356642 08/03/2017 NESTLE WATERS NORTH AMERICA 134.66 356643 08/038017 MICHAEL SMYKOWSKI 1,714.48 356644 08/038017 JOHN GALLIMORE 83.97 356645 08/038017 ELEANOR GILL 75.00 356646 08/03/2017 RICHARD L KORNRUMPF 95.89 356647 08/038017 ELLEN VAVAK 38.19 356648 08/038017 SALLY SWIDER 323.20 356649 08/038017 JAMES W STINE 97.93 356650 08/038017 JOANN BOND 96.00 356651 08/038017 LAWRENCE I4URLEY 96.00 356652 08/038017 LINDA SCHUESSLER 507.00 356653 08/038017 BRADFORDASHE 210.00 356654 08/038017 JUDY COULL 45.00 356655 08/038017 THOMASADAVIS 25.00 356656 08/038017 MARY BROWN 97.34 356657 08/038017 PHYLLIS J BRADLEY 25.00 356658 08/038017 AMERIGROUP FLORIDA INC MDK 90.35 356659 08/038017 MELANIE EATON 75.00 356660 08/038017 ROBERT BEACH 75.00 356661 08/038017 JON POISSANT 54.27 356662 08/038017 JOSEPH SHINN 500.00 356663 08/038017 UTIL REFUNDS 339.03 356664 08/038017 UTILREFUNDS 89.37 356665 08/0380.17 UTILREFUNDS 50.39 356666 08/038017 UTI. REFUNDS 83.82 356667 08/038017 UTIL REFUNDS 10036 356668 08/038017 UTIL REFUNDS 45.00 356669 08/038017 UTILREFUNDS 82.44 356670 08/038017 UTILREFUNDS 21.88 356671 08/038017 UTILREFUNDS 45.65 356672 08/038017 UTIL REFUNDS 22.85 356673 08/038017 UTIL REFUNDS 43.15 356674 08/038017 UTILREFUNDS 33.57 356675 08/038017 UTIL REFUNDS 98.20 356676 08/038017 UTIL REFUNDS 76.28 356677 08/038017 UTIL REFUNDS 26.11 356678 08/038017 UTIL REFUNDS 39.85 356679 08/038017 UTIL REFUNDS 97.14 356680 08/03/2017 UTIL REFUNDS 35.47 356681 08/038017 UTIL REFUNDS 28.21 356682 08/03/2017 UTIL REFUNDS 8.41 356683 08/038017 UTIL REFUNDS 90.16 356684 08/03/2017 UTIL REFUNDS 53.98 356685 08/038017 UTIL REFUNDS 31.59 P116 TRANS NBR DATE. VENDOR AMOUNT 356686 08/03/2017 UTIL REFUNDS 69.87 356687 08/03/2017 UTIL REFUNDS 9.08 356688 08/03/2017 UTIL REFUNDS 59.80 356689 08/03/2017 UTIL REFUNDS 65.85 356690 08/03/2017 UTIL REFUNDS 100.00 356691 08/03/2017 UTIL REFUNDS 37.52 356692 08/03/2017 UTIL REFUNDS 65.74 356693 08/032017 UTIL REFUNDS 88.57 356694 08/03/2017 UTIL REFUNDS 75.81 356695 08/032017 UTIL REFUNDS 37.91 356696 08/03/2017 UTIL REFUNDS 4.02 356697 08/032017 UTIL REFUNDS 33.17 356698 08/032017 UTIL REFUNDS 82.32 356699 08/032017 UTIL REFUNDS 57.49 356700 08/032017 UTIL REFUNDS 8.69 356701 08/032017 UTIL REFUNDS 44.86 356702 08/032017 UTIL REFUNDS 100.00 356703 08/032017 UTIL REFUNDS 71.77 356704 08/032017 UTIL REFUNDS 58.29 356705 08/032017 UTIL REFUNDS 26.56 356706 08/032017 UTIL REFUNDS 66.39 356707 08/032017 UTIL REFUNDS 48:22 356708 08/032017 UTIL REFUNDS 11.56 356709 08/03/2017 UTIL REFUNDS 92.86 356710 08/032017 UTIL REFUNDS 78.80 Graod Total: 976,865.93 P117 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1011816 07/28/2017 AT&T 938.48 1011817 07/282017 OFFICE DEPOT BSD CUSTOMER SVC 645.90 1011818 07282017 WASTE MANAGEMENT INC 1,377.54 1011819 07282017 COMCAST 5.99 1011820 07/312017 EVERGLADES FARM EQUIPMENT CO INC 248.88 1011821 07/312017 DEMCOINC 469.63 1011822 07/312017 AMERICAN CONCRETE INDUSTRIES INC 575.00 1011823 07/312017 APPLE INDUSTRIAL SUPPLY CO 522.19 1011824 07/312017 ALLIED UNIVERSAL CORP 20,204.42 1011825 07/312017 COMMERCIAL ENERGY SPECIALISTS 1,087.92 1011826 07/312017 COMO OIL COMPANY OF FLORIDA 454.78 1011827 07/312017 GLOBAL GOLF SALES INC 128.41 1011828 07/312017 ECONOLITE CONTROL PRODUCTS INC 14,600.00 1011829 07/312017 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 732.33 1011830 08/012017 AT&T 13,481.35 1011831 08/012017 OFFICE DEPOT BSD CUSTOMER SVC 839.07 1011832 08/012017 WHEELABRATOR RIDGE ENERGY INC 3,079.55 1011833 08/02/2017 NORTH SOUTH SUPPLY INC 55.45 1011834 08/02/2017 UNIVERSAL SIGNS & ACCESSORIES 1,750.00 1011835 08/022017 INDIAN RIVER BATTERY 309.45 1011836 08/022017 INDIAN RIVER OXYGEN INC 278.50 1011837 08/022017 SMITH BROTHERS CONTRACTING EQUIP 1,670.78 1011838 08/022017 SOUTHERN COMPUTER WAREHOUSE 3,345.20 1011839 08/022017 41WRINTINC 505.91 1011840 08/022017 HD SUPPLY FACILITIES MAINTENANCE LTD 153.08 1011841 08/022017 SHRIEVE CHEMICAL CO 9,556.15 1011842 08/022017 MIDWEST MOTOR SUPPLY CO 514.00 1011843 08/022017 RECHTIEN INTERNATIONAL TRUCKS 352.88 1011844 08/022017 SOUTHERN JANITOR SUPPLY INC 3,577.30 1011845 08/022017 SIMS CRANE & EQUIPMENT CO 601.88 1011846 08/022017 WRIGHT FASTENER COMPANY LLC 446.00 1011847 08/022017 PACE ANALYTICAL SERVICES INC 700.00 1011848 08/022017 MKI SERVICES INC 156.51 Grand Total: 83,36453 P118 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 5296 07/28/2017 KIMLEY HORN & ASSOC INC 27,950.00 5297 07/28/2017 C E R SIGNATURE CLEANING 20,410.00 5298 07/28/2017 INTEGRITY LAWNS LLC 1,750.00 5299 07/28/2017 IRC CHAMBER OF COMMERCE 40,224.40 5300 07/28/2017 TRC CHAMBER OF COMMERCE 11,613.56 5301 07/28/2017 NATIONWIDE SOLUTIONS. RETIREMENT INC 1,445.85 5302 07/28/2017 NATIONWIDE SOLUTIONS RETIREMENT INC 26,852.73 5303 07/28/2017 FLORIDA LEAGUE OF CITIES, INC 4,192.13 5304 07/28/2017 ICMA RETIREMENT CORPORATION 12,646.12 5305 07/28/2017 TEAMSTERS LOCAL UNION #769 5,482.00 5306 07/28/2017 IRC FIRE FIGHTERS ASSOC 6,810.00 5307 07/28/2017 ICMA RETIREMENT CORPORATION 2,210.00 5308 ' 07/28/2017 ACE # SKIPPED IN SOFTWARE 0.00 5309 07/31/2017 FL SDU 5,930.52 5310 07/31/2017 IRS -PAYROLL TAXES 432,454.12 5311 08/01/2017 ST LUCIE BATTERY & TIRE CO 1;000.00 5312 08/01/2017 AGENCY FOR HEALTH CARL ADMIN 13,173.89 5313 08/01/2017 CLERK OF CIRCUIT COURT 80,959.25 5314 08/01/2017 INDIAN RIVER COUNTS' SUPERVISOR OF ELECTIONS 86,512.37 5315 08/01/2017 INDIAN RIVER COUNTS' SHERIFF 3,600,453.65 5316 08/02/2017 FL RETIREMENT SYSTEM 562,032.10 5317 08/02/2017 1 R C HEALTH INSURANCE - TRUST 578,522.10 P -CARD 08/02/2017 TD BANK, N.A: 32,231.33 Grand Total: 5,554,856.12 - P119 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127" Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THROUGH: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: July 12, 2017 SUBJECT: Dori Slosberg Driver Education Safety.Act Indian River County Traffic Education Program Trust Fund Report Cumulative Reporting Through 06/30/17 BACKGROUND On August 20, 2002, the Board of County Commissioners adopted Ordinance Number 2002-026 creating the Indian River County Traffic Education Program Trust Fund (our Fund 137). This ordinance authorized a $3 traffic ticket surcharge, which is collected by the Clerk of the Circuit Court. On September 19, 2006, the Board adopted Ordinance 2006-035 to repeal this fine. Subsequently on February 17, 2015, the Board elected to reinstate and increase the driver education fee to $5 under Ordinance Number 2015-003. The new fee was effective March 1, 2015 and is charged on each civil traffic penalty assessed in the County. As noted in the ordinance, these funds shall be used "to fund driver education programs in public and nonpublic schools". Attached to this memo is a report of the revenues and expenditures from the inception of the initial $3 fee (October 1, 2002) and includes the new $5 fee commencing in March 2015. As of June 30, 2017, the balance in the Fund is $76,992. The Clerk's office will continue to provide a quarterly report of the traffic education trust activity. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached report. — --- - --- P120 Ui 6SlMIll CZ R 0 L O U�$ N P C Mh no LL1 Mh L r ,o C CO O N_ O 0 U m N d � O O1 N d C C T d Ln O co NC r H d c wLU ? m m F y cr ~ O N nton CW) M0) m 2 m m m 0 M Orn r r C=i c vW W « KLL C tNO. Z IL LL O O M m m N � N M O O Cli ,0 0 O N p 0 0 a M W N N � em t O m m M M LL O M S{ V n 01 �$ fp O O m 1� M IA a0� M M. OO N N r N N to m n O N N M N M y e O lL O M O p) r 69 0 m M 10 10N M n P1 N a m � a fnG_ /n0 n 0 m 'ti m IT n gN0 M O p� w 00 M O 00 w� m O M a s M n a N N N a O N N C-4 N LLCM O p� r to M n o o th M N N cs N r M W gym{ N f 7 r 0 X 0 0 aD aG av N m O N N M N N � O LL W O r r C) mm 'n am am Np0 0 I- N Ol m ro tpf. 0 n m ci aD OO LO N 10 O'O OONN nn M M Ui 6SlMIll CZ R 0 L O U�$ N P C Mh no LL1 Mh L r ,o C CO O N_ O 0 U m N d � O O1 N d C C T d C O d c wLU ? m m F y cr ~ O N d Z m y m m 2 m m m a V% d d 0 ~ c W V O IL C=i c c W « KLL C wa. Z IL LL Ui 6SlMIll CZ R 0 L O U�$ N P C Mh no LL1 Mh L r ,o C CO O N_ O 0 U m YF JEFFREY R SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127" Street Vero Beach, FL 32960 Telephone: (772) 226-1945 T0: Board of County Commissioners FROM: Elissa Nagy, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: July 14, 2017 SUBJECT: Quarterly Investment Report for Quarter Ending 06/30/2017 BACKGROUND Attached to this memorandum is the composition of the investment portfolio and investment earnings for the third quarter of this fiscal year. This report was reviewed by our investment advisory committee on July 13, 2017. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Investment Report. i 2 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 180127" Street Vero Beach, FL 32960 Telephone: (772) 226-1945 Indian River County Investment Advisory Committee Quarterly Investment Report April 1, 2017 through June 30,2017 INVESTMENT POLICY In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court. The Policy states the primary objectives of investment activities are to preserve capital and to provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to the requirements for safety and liquidity. INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities, evaluate current and future liquidity needs, recommend investment strategies. The Committee consists of the Clerk of the Circuit Court, Finance Director, Internal Auditor, Budget Director, and three qualified citizens with investment or financial management expertise. The individuals who have agreed to serve are: David W. Griffis, Senior Vice President with Northem Trust Bank of Florida; Ted Libby, Senior Portfolio Manager with Cypress Capital Group; Andy Beindorf, Market President of National Bank of Commerce. AUTHORIZED INVESTMENTS As permitted by the Investment Policy, surplus funds were invested only in the following types investments: Federal Farm Credit Banks bonds and discount notes (FFCB), Federal Home Loan Banks bonds and discount notes (FHLB), Federal Home Loan Mortgage Corporation bonds and discount notes (FHLMC), Federal National Mortgage Association bonds and discount notes (FNMA), Treasury Notes and Bills, Florida Local Government Investment Trust (FLGIT), Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in F.S. 163.01, Certificates of Deposit (CDs), Money Market Funds, Repurchase Agreements. BOND PROCEEDS INVESTMENT The current water and sewer bond reserve is placed with Bank of New York/Mellon and invested in treasury notes. P123 I INVESTMENT ACTIVITY As of June 30, 2017 the investments portfolio book value was $367,070,023 with a market value of $366,959,913. Of the $367;070,023, portfolio total, $306,637,393 is restricted for the following purposes: $ 68,007,072 Special revenue projects $ 7,867,364 Debt payments for county bonds $ 76,551,838 Capital projects $ 150,700,265 Business -type activities $ 3,440,854 Escrow Funds $ 306,637 RESTRICTED CASH BY FUND TYPE (PERCENTAGES) The weighted average maturity of the investments as of June 30, 2017 is 12 months. Yields on the individual investments ranged from 0.50% to 1.50%. The overall average yield for the quarter was 0.88%. Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached. The attached schedules list the portfolio composition and activity for the quarter ending June 30, 2017: Schedule 1 Special Escrow Revenue Schedule 3 22% Schedule 4 Debt *Capital Service Schedule 6 3% Schedule 7 Interest earnings summary Business- Projects Type 25% 49% The weighted average maturity of the investments as of June 30, 2017 is 12 months. Yields on the individual investments ranged from 0.50% to 1.50%. The overall average yield for the quarter was 0.88%. Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached. The attached schedules list the portfolio composition and activity for the quarter ending June 30, 2017: Schedule 1 Portfolio sorted by type of debt instrument Schedule 2 Portfolio sorted by maturity date Schedule 3 Portfolio by maturity date bar graph Schedule 4 Portfolio by type pie chart Schedule 5 Investment purchases, calls and maturities for the quarter Schedule 6 Summary of cash flows and balances by month Schedule 7 Interest earnings summary Schedule 8 Allocation of investments by fund types (unrestricted and restricted balances) Soft P125 Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type June 30, 2017 06/30117 Coupon/ Purchase. Maturity Yean6 To Yield To Original Portfolio Investment Type CUSP Yield Date Date Maturity maturfly Per Amount Book Value % FFCB Callable 3133EFKPAB 0.710% 10/20/25 20/20/17 0.31 0.710% S 21000,000-00 $ 2,000,000.00 FFCB Bullet 3133EFZR39 0.800% 02/12/16 02/12/18 0.62 0.800% $ 2,000,ODD-00 $ 2,001000.00 FFCB Callable 3233EFMUS 0.950% 02/11/16 05/02/18 0.84 0.950% $ 2,000,000.00 $ 2,0110,000.00 FFCB Callable 3133EGUXI 0.940% 09/20016 06/20/18 0.97 0.940% $ 2,000,000.00 $ 2,00(1,000.00 FFCB- Callable 3133EGMQS 0.88011 07/18/16 07/19/18 1.05 0.880% $ 2,000,000.00 S 2,000,000.00 FFCB Callable 3133EGTHS 1030% 09/06/16 09/06/18 1.19 1.030% S 2,OD0,000.OD $ 2,000,000.00 FFCB Callable 3133EGFXB 1.010% 06/20/16 09/20/18 1.22 1.010% S 2,000,000-00 S 2,000,000.00 FFCB Callable 3133EGA70 0.970% 11/01/16 11/01/28 1.34 0.970% S 2AW1000-00 $ 2AMA1010.00 FFCB Callable 3133EH1U5 1390% 06/05/17 06/05/19 293 1.390% $ 4000,000.00 $ 2,000,000.00 FFCB Bullet 3133ENMRI 1.375% 06/12/17 06/12/19 195 1.375% S 40001000.00 $ 2,000,000.00 FFCBCsllable 3133EC.M 1.08071 03/31/17 07/05/19 2.01 1.481% $ 2400,000.00 $ 1,982,200.00 $ 22,000,000-00 $ 21,982.200.00 6.01% MID Disc 313395HY5 0.600% 07/13/16 07/10/17 0.03 0.604% $ 21000,000.00 $ 1;987,933.33 MID Disc 3133851N7 054016 09/01/16 07/24/17 0.07 0547% $ 2400,000.00 $ 1,990,220.00 MLS Bullet 313DA8YV9 0.625% 06/08/16 08/08/17 0.11 0.625% 1 3,000,000.00 $ 3,000,000.00 MIB Disc 313385KU 0.520% 08/18/16 08/15/17 0.13 0522% $ 3.00(1.00040 S 2,984,11333 MID Bullet 323DAGLZB 0.625% 01/20/16 10/26/17 0.32 0858% S 2,000,000.00 $ 1,991,780.00 FMLB Dim 31338SHM 0.700% 11/30/16 11/07/17 0.36 0.705% S 310001000.00 $ 49801050.00 FHLB Bullet 313000n 0875% 12/09/16 03/19/18 0.72 1.000% S 3,000,000.00 $ 21995,284.00 FHLBCallable 313OA7DBB 1.000% 02/26/16 06/04/18 0.93 1.000% $ 31000.000.00 $ - 3,000400.00 FHLB Callable 3130ASnO 0340% 07/12/16 07/12/18 1.03 8840% $ 2,000,OOD.00 $ 2,000,000.00 MID 8u0et 313DUM 0.625% 07/14/16 08/07/18 1.10 0.770% $ 2,000,00040 5 1,994,000.00 MIB Callable 3130a9C90 1450% 09/28/16 09/29/18 1.25 1.050% $ 3,000,000.00 $ 3,000,000.00 MIB Bullet 313GA9MI 0.875% 12/12/16 10/01/18 1.25 1.142% $ 3,000,000.00 S 2,985,750.00 FHLB Callable 313OA9NH0 1.000% 10/11/16 10/11/18 1.28 1.000% $ 2,000,000.00 $ 2400,000.00 FMIB Callable 313DAAW79 1.350% 03/21/17 03/20/19 1.72 1.414% $ 3,000,000.00 $ 2,9%,250.00 MID Bullet 3130ABD%18 1.400% 05/24/17 05/24/19 1.90 1.425% $ 2,000400.00 $ 1,999,000.00 MID Bullet 3130ABDB6 1.125% 03/09/17 06/37/19 1.98 1.455% $ 3,000,000.00 $ 2,976,999.00 fMLB Bullet 313GAB2GO 1.400% 03/31/17 06/27/29 1.99 1.416% $ 2,000,000.00 $ 1,999,312.00 MIB Bullet 313GAB821 1.375% 05/12/19 07/26/19 2.07 1375% $ 24W,00D40 $ 2,000,000.00 MLD Win 313OA9EP2 1400% 05/10/17 09/26/19 2.24 1.436% $ 4000,000.00 $ 1,979,660.00 MLD Bullet 313OA9EP2 1.000% 05/11/17 09/26/19 2.24 1.435% $ 2,000,000.00 $ 1,979,750.00 MIB Bullet 3130AA3R7 1.375% 06/30/17 11/1S/19 2.38 1.433% $ 2,000,011040 $ 1.997,300.00 $ 51,000,00040 $ 50,837,601.66 13.91% FHLMC Disc 318397MRS O.SBO% 07/27/16 07/03/17 0.01 0.591% $ 3,000,000.00 $ 2,993,518.33 MLAAC-U Call 3134G6205 0.850% 05/29/15 08/25/17 0.15 0.850% 5 2,000,000.00 $ 2,000,000.00 MIMC-1K Cell 3134G7W20 0.900% 09/15/15 09/15/17 0.21 0.900% $ 2,000,000.00 $ 2400,000.00 fMIMC Disc 313397PF2 0.690% 12/12/16 11/14/17 0.38 0,690% S 3,000,000.00 $ 2.980,622.49 MIMC Bullet 3137E-0DN69 0.750% 03/02/16 01/12/18 0.54 0.986% 5 3,000,000.00 $ 2,992,500.00 FMIMC Callable 3137EADP1 0.875% 03/17/16 03/07/18 0.68 1.019% $ 2,000,00040 $ 1,994,390.00 FHWC Bullet 3137EAEA3 0.750% OS/17/16 04/03/18 0.78 0.868% $ 3,000,00040 $ 2993,619.00 FHLMC Callable 3134G8KH7 1.000% 12/12/16 04/27/18 0.82 1.026% $ 3,000,000.00 S 2,998,950.00 FNLMC Callable 3234G91DO 1400% 05/11/16 OS/11/18 0.96 1.000% $ 2,000,000.00 $ 2,000,000.00 MIMC Callable 3134G9KUO 1.000% 06/02/16 05/25/18 0.90 ]411% $ 3,01DgW0.00 1 2,997,600,00 FNLMC Callable 3134GAGMO 1.040% 12/12/16 08/24/18 1.15 1.040% $ 3,000,00040 S 3,000,000.00 FHIMC Callable 3134GADR2 1.010% 08/30/16 08/28/18 1.16 1.010% $ 2,000,000.00 $ 2,000,000.00 FNLMC Callable 3134GAMI 1.050% 12/28/16 11/07/18 1.36 1.285% $ 3,000,000.00 $ 2,987,100.00 FNLMC Callable 3134GAW26 1.400% 02/28/17 02/25/19 1.66 1.400% $ 2,000,000.00 S 2,000.00D.00 FNLMC Bullet 3137FADZ99 1.225% 03/08/17 04/15/19 1.79 1.422% $ 3,000,000.00 $ 2,981,619.00 FHIMC-IK Call 31MGBEG3 1.410% 04/26/17 04/26/19 1.82 IAIM $ 2,000,000.00 $ 2,000,000.00 FNLMC Bullet 3137UE613 0.875% 03/31/17 07/19/19 245 1.394% $ 2,000,000.00 $ 1,976,578.00 MLMC Win 3137E-0DK2 1.250% 03/30/17 08/01/19 2.09 1.403% $ 3,000,000.00 $ 2,989,550.00 MLMC Callable 3134GA7A6 1.500% OS/11/19 09/09/19 2.19 ISM% S 2,000,WD.W $ 2,000,000.00 FHIMC Rulles 3137EADMS 1.250% 05/04/17 10/02/19 2.26 1.451% $ 3,000,000.00 $ 2,985,790.00 $ 51,000,000.00 $ 50,861,626.82 13.92% FNMA Dim 313S891F3 0.550% 09/01/16 07/17/17 0.05 0.553% S 2,000.00040 $ 1,990,252.78 FNMA Disc 313589tH4 0.610% 10/27/16 09105/17 0.18 0.613% S 2,000,000.00 S 1,989,392.78 FNMA Disc 323S89MA,83 0.620% 11/01/16 09/22/17 0.23 0.623% 5 3,000.000.00 S 2983,20833 FNMA Disc 313S89MU4 0.640% 12/08/16 10/10/17 0.28 0.644% 1 3,000,000.00 $ 2,982.080.01 FNMA Bullet 3135GOrG$ 0.875% 01/20/16 02/08/18 0.61 0.917% $ 2,000,000.00 $ 1,997,B00.00 FNMA Butler 3136GIGV56 1.250% 06/05/17 03/25/19 1.73 1.304% $ 21000,000.00 $ 1,998,070.00 FNMA cullet 3135GOP49 ].DDD% 05/05/17 08/28/19 2.16 1.442% $ 2,000,00040 $ 1,979946.00 FNMA Bullet 3135 OR39 1.000% 06/30/17 10/24/19 2.32 1.425% $ 2,000,000.00 $ 1,980,694.00 $ 18,W0,000.00 S 17,901,443.90 4.9D% Soft P125 Restricted Cash - Housing Account $378,515.28 Total PoNolio 5367,070023.31 Nate: See separate Investment report for OPER funds 2 oft Schedule 1 Indian River County, Florida Board of County Coarmieelchers Investments By Type June 30, 2017 06/30/17 Coupon' Purchase Maturity Years To Yield To Original Pordclo Investment Type CUSIP Yield Date Date Matuffty, Maturity Par Amount Book Value % Treasury Note 912828665 0.500% 01/20/15 07/31/17 0.08 0.678% $ 3,000.000.00 $ 2.986,600.63 Treasury Note 912828TM2 0.625% 08/14/15 08/31/27 0.17 0.770% S 21000,000.00 $ 1,994,160.00 Treasury Note 91282BTM2 0.625% 01/20/15 08/31/17 0.17 0.710% 5 3,000,000.00 $ 2,993,437.50 Treasury Note 912828759 0.625% 00/29/16 09/30/17 0.25 0.662% $ 2,000,000.00 $ 1,998,980.00 Treasury Note 912828759 0.625% 09/16/15 09/30/17 0.25 0.819% $ 3,000,000.00 $ 2,988,281.25 Treasury Nate 91282BF54 0175% 12/30/15 10/15/17 0.29 0.994% $ 3,000,000.00 $ 2,999,531.25 Treasury Note 912828TWO 0.750% '12/18/16 10/31/17 0.34 0.766% $ 3,000,000.00 $ 2,999,S31.25 Treasury Note 922829P20 0.750% 11/18/26 01/31/18 0.59 0.850% $ 3,000,000.00 $ 2,996,430.00 Treasury Nate 9128281.1119 0750% 03/31/16 02/28/18 0.67 0750% S 21000,000.00 $ 2,0DO,00D.00 Treasury Note 912828UR9 0.750% 12/00/25 02/28/18 0.67 1.004% $ 3,000,000.00 S 2,983,14D.00 Treasury Note 912828168 1.000% 12/04/]5 03/15/18 0.71 1.056% $ 3,000,000.00 $ 2,996,250.00 Treasury Note 912B211UU2 0750% 03/31/16 63/31/18 0.75 0752% S 2,000,000.00 $ 1,999,900.00 Treasury Note 912828UU2 0.70% 12/04/15 03/31/18 0.75 1.05i% $ 3,000,000.00 $ 2,979,39D.00 Treasury Note 91292SK25 0.750% 12/07/15 04/15/18 0.79 1.071% $ 3,000,000.00 $ 2,977,710.00 Treasury Note 91282BU22 0.625% 03/31/16 00/30/18 0.83 0769% $ 2,000,000.00 $ 1,04,00.00 Treasury Note 912821U21 0.625% 02/18/16 04/30/18 0.83 0.780% S 310110,000.0 $ 2,989,882.50 Treasury Note 912828x!3 1.000% 11/3D/15 OS/1S/19 0.87 2.091% $ 3,000,000.00 $ 2,993,40.00 Treasury Note 912828851 0.875% 11/18/16 05/31/18 0.92 0.9401 $ 3,000,000.0 $ 2,996,71875 Treasury Note 912828x1`2 1.125% 12/16/16 05/15/29 0.96 1.132% $ 2,00O,OOo.00 $ 1,999,780.00 Treasury Note 9128181193 0.625% 12/D9/16 06/30/18 1.00 1.00016 $ 3,000,000.0 $ 2,982,660.00 Treasury Note 9128280.93 0.625% 11/18/16 06/30/18 1.00 0.952% $ 3,000,000.00 $ 3,984,296.88 Treasury Note 912929XKI 0.875% 12/16/16 07/15/18 1.04 1.162% .$ 2,000,000.00 $ 1,991,020.00 Treasury Note 912826568 '0750% 12/09/16 07/31/18 1.08 1.001% $ 2,600,000.00 $ 1,990,625.00 Treasury Note 912829568 0.750% 11/30/16 07/31/18 1.08 1.048% S 3,000,000.00 $ 2,985,234.38 Treasury Note 912828x82 1.000% 12/12/16 08/15/18 1.13 1.075% S 3,000,000.00 $ 2,996,250.00 Treasury Note 91282820 0.750% 12/D9/l6 08/31/18 1.17 1.058% S 2,000,000.00 $ 1,989,50.00 Treasury Note 912828203 D75D% 12/30/16 08/31/18 1.17 1.067% $ 3,000,000.00 $ 2,983,50.00 Treasury Note 912828140 1.000% 12/30/16 09/15/18 1.21 1.060% $ 3,000,000.00 $ 2,995,770.00 Treasury Note 932829742 0750% 12/69/16 09/30/18 1.25 1.079% $ 3,000,000.00 $ 2,982A20.OD Treasury Note 9128281815 0.88% 12/30/16 10/15/18 1.29 1.090% $ 3,000,000.00 $ 2,988,633.00 Treasury Note 912878783 0.750% 12/09/16 10/31/18 1.34 1.094% $ 3,000,000,00 $ 2,90,800.00 $ 84=000.00 $ 83,718,092.39 22.91% Regions Bank Money Market $28,340,610.06 7.75% Regions Bank Lockbox Accounts $5,317,323.65 1.45% TO Bank Checking Aacurn $35,346,336.79 9.67% Wells Fargo Bank Checking Account $10,332,454.20 2.83% BankUnited Money Me" $32,477,837.85 B.89% Harbor Community Bank CD 0.80% 02/04/16 02/04/18 0.60 $3,038,305.36 0.85% National Bank or Commerce CD 0.00% 05/71/16 05/11/18 0.86 $6,079,586:03 1.66% Oculina Bank CD- 0.880% 04113/16 04126118 0.82 $2.020,883.2D 0.55% Total General Cash & Equivalents - Unrestricted $348,9M,5W.92 Restricted Caah-Bond Covenants (held by EMIMellon) Flddity Institutional Treasury Money Market-U1810es Debt Service Reserve $21.852.86 Treasury Nota 912828R93 0.625% 06/30/16 06/30/18 1,00 0.745% $1,4110,000.00 $1,470372.40 Treasury Note 912828U40 1.000% 11/30/16 11/30118 1.42 1.085% $100,000.00 $1,025,01430 Treasury Nota 912828XV77 1.20% 06/30/17 06/30/19 2.00 1.345% $1,610,00.00 $1,05,604.70 Total Restricted Bond Reserve - adjusted for fair market value 54,113,014.76 1.13% Restricted Cash - landfill FACC-Florida Local Govt Investment Trust -Landfill Closure 6 Postdosure Reserves- adjusted ferfair mkt value S 13,031,726.10 3.57% Total Pooled Cash &'Equivalents $36SA59,276.77 100.00% RestHated Caah - Health Insurance Wells Fargo - BCBS Claims Aotce M $1,148,231.26 Citibank - BOBS Impreei Aodl 584,000,00 Total Restricted Cash - Health Insurance $1,732.731.26 Restricted Cash - Housing Account $378,515.28 Total PoNolio 5367,070023.31 Nate: See separate Investment report for OPER funds 2 oft Investment Type CUSIP Coupord Yield Purchase Date Schedule 2 Indian River County, Florida Board of County Commissioners Invostment By Maturity Date June 30, 2017 Maturity Years To Yield To Date maturity Maturity Original Par Arrourn OBr30117 Book Value FHLMC Diu 313397HRS 0.580% 07/27/16 07/03/17 0.01 0.591% 5 3,000,000.00 S 2,983,516.33 FHLB Disc 31338SITYS 0.600% 07/13/26 07/10/17 0.03 0.604% $ 2,000,000.00 5 1,987,933.33 FNMA Disc 313589JFI 0.550% 03/01/16 07/17/17 0.05 0.553% $ 2,000,000.00 S 1,990,252.78 FHLB Diu 3133851N7 0.540% 09/01/16 07/24/17 0.07 0.547% S 2,000,000.00 $ 1,990,220.00 Treasury Note 912828TG5 0.500% 01/20/15 07/31/17 0.08 0.678% $ 3,000,000.00 S 2,986,640.63 FHLB Bullet 31300EYV9 0.625% 08/08/16 08/08/17 0.11 0.625% S 3,000,000.00 $ 3,000,000.00 FHLB Disc 3133851L9 0.520% 08/18/16 08/15/17 0.13 0.522% S 3,000,000.00 $ 2,984,313.33 FHLMC - IK Call 313466205 0.85D% 05/29/15 08/25/17 0.15 0.850% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828TM2 0.625% 08/14/15 08/31/17 0.17 0.770% $ 2,000,000.00 S 1,994,160.00 Treasury Note 912828TM2 0.625% 01/20/15 08/31/17 0.17 0.710% 5 3,000,000.00 S 2,993,437.50 FNMA Disc 31358911-14 0.610% 10/27/16 09/05/17 0.18 0.613% S 2,000,000.00 5 1,989,392.78 FHLMC -1%Call 3234G7WZO 0.900% 09/15/15 09/15/17 0.21 0.900% $ 2,000,000.00 $ 2,000,000.00 FNMA Disc 313589MAR3 0.620% 11/01/16 09/22/17 0.23 0.623% 5 3,000,000.00 5 2,983,206.33 TreasuryNote 912828759 0.625% 04/29/16 09/30/17 0.25 0.662% $ 2,ODD,000.00 $ 1,998,980.00 TreasuryNote 912828759 0.625% 09/16/15 09/30/17 0.25 0.819% $ 3,000,000.00 $ 2,988,281.25 FNMA Disc 313589MU4 0.640% 11/08/16 10/10/17 0.28 0.644% S 3,000,000.00 S 2,982,080.01 Treasury Note 912828F54 0.875% 11/30/15 10/15/17 0.29 0.894% $ 3,000,000.00 $ 2,999,531-25 FFCB Callable 3233EFKMS 0.710% 10/20/I5 10/20/17 0.31 0.710% $ 2,000,000.00 S 2,000,000.00 FHLB Bullet 313OA6128 0.525% 01/20/16 10/26/17 0.32 0.858% 5 2,000,000.00 S 1,991,780.00 Treasury Note 912828TWO 0.750% 11/18/16 10/31/17 0.34 0.766% $ 3,000,000.00 S 2,999,531.25 FHLB Disc 31338SNYSO 0.700% 11/30/16 11/07/17 0.36 0.705% S 310001000.00 $ 2,990,050.00 FHLMC Disc 313397PF2 0.690% 12/12/16 11/14/17 0.38 0.690% $ 3,000,000.00 $ 2,980,622.49 FHLMC Bullet 3137EADN69 0.750% 03/02/16 01/17/18 0.54 0.886% $ 3,000,000.00 $ 2,992,500.00 Treasury Note 91292RP20 0.750% 11/18/16 01/31/18 0.59 0.850% S 3,000,000.00 $ 2,996,430.00 FNMA Bullet 3135GOTGO 0.875% 01/20/16 02/08/18 0.61 0.917% S 2,0001000.00 $ 1,997,800.00 FFCB Bullet 3133EFZRI9 0.800% 02/12/16 02/12/18 0.62 0.600% S 2,000,000.00 $ 2,000,000.00 Treasury Note 91282BUR9 0.750% 03/31/16 D2/28/18 0.67 0.750% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 91282SUR9 0.750% 12/04/15 02/28/38 0.67 1.004% $ 3,000.000.00 S 2,983,14D.00 FHLMC 3137EAOP1 0.875% 03/17/16 D3/07/18 0.68 1.019% $ 2,000,0OO.OD $ 3,994,380.00 Treasury Note 912828168 1.000% 12/04/15 03/15/18 0.71 1.056% $ 3,000,000.00 $ 2,996,250.00 FHLB Bullet 323DA7Ck1 0.875% 12/12/16 03/19/18 0.72 1.000% $ 3,000,000.00 $ 2,995,294.00 Treasury Note 9128Z8UU3 0.750% 03/31/16 03/31/18 0.7S 1.051% $ 2,000,000.00 $ 1,999,900.00 Treasury Note 912828UU2 0.750% 12/04/15 03/31/18 O.7S 1.051% $ 3,000,000.00 $ 2,979,39D.00 FHLMC Bullet 3137EAEA3 0.750% 05/17/16 04/09/18 0.78 0.868% $ 3,000,00).00 $ 2,993,619.00 Treasury Note 912828K25 0.750% 11/07/15 04/15/18 0.79 1.071% S 3,000,000.00 $ 2,977,710.00 FHLMC Callable 3134G8kH7 1.00D% 12/12/16 04/27/18 0.82 1.026% $ 3,000,000.00 $ 2,998,950.DD Treasury Note 91282BUZI 0.62S% 03/31/16 04/30/18 0.83 0.769% $ 2,ODDOOD.00 $ 2994,060.00 Treasury Note 912828UZ1 0.625% 02/18/16 04/30/16 0.83 0.780% $ 3,000,000.00 $ 2,989,882.50 FFCB Callable 3133EFMUS 0.950% 02/11/16 05/02/18 0.84 0.950% $ 21000,000.00 $ 2,000,000.00 FHLMC Callable 3234G900 1-000% OS/11/16 05/11/18 0.86 1.000% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828KA3 LOW% 11/30/15 05/15/18 0.87 1.091% $ 3,000,000.00 S 2,993,430.00 FHLMC Callable 3134G9KUO 1.000% 06/02/16 05/25/18 D.90 1.041% $ 3,000,000.00 $ 2,997,600.00 Treasury Note 9128281151 0.875% 11/18/16 OS/31/18 0.92 0.947% $ 3,000,000.00 $ 2,996,718.75 FHLB Callable 313OA7DBS LO00% 02/28/16 06/04/28 0.93 1.000% $ 3,000,000.00 S 3,000,000.00 Treasury Note 912828KF2 3-125% 12/16/16 06/15/18 0.96 1.132% $ 2DDD,ODO.OD $ 1,999,790.00 FFCB Callable 3133EGUKI 0.940% 09/20/16 06/20/18 0.97 0.940% $ 2,000,000.00 $ 2,000.000.00 Treasury Note 912828893 0.625% 12/09/16 06/30/18 1.00 1.000% $ 3,000,000.00 $ 2,982,660.00 Treasury Note 912828893 0.625% 11/18/16 05/30/19 1.00 0.952% $ 3,000,000.00 $ 2,984,296.88 FHLB Callable 3130A8PZG 0.840% 07/12/16 07/12/18 1.03 0.840% S 2,000,000.00 $ 2,000,000.00 TreasuryNote 922828YXI 0.875% 12/16/16 07/15/18 1.04 1.162% S 2,000,DOD.W $ 1,991,020.00 FFCB Callable 3133EGMQS 0.880% 07/18/16 07/18/18 1.05 0.880% $ 2ODD,DDOAO $ 2,000,000.0) TreasuryNote 912828568 0.75D% 12/09/16 07/32/18 1.08 1.035% 5 2000,000.00 S 1,990,625.00 Treasury Note 912828568 0.75016 11/30/16 07/31/18 1.08 1.048% $ 3,000,DOD.00 S 2,985,234.38 FHLB Bullet 3130ABPK3 D.625% 07/15/16 08/07/18 1.10 0.770% $ 2,000,000.00 $ 1,994,000.00 Treasury Note 912828KB2 1.00D% 12/12/16 08/15/18 1.13 1.075% $ 3,000,000.00 $ 2,996,250.00 FHLMC Callable 3234GAGMO 1.040% 12/12/16 08/24/18 1.15 1.040% $ 3,000,000.00 S 3,000,000.00 FHLMC Callable 3134GAORZ 1.010% 06/30/16 08/28/18 1.16 1.010% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828203 0.750% 12/09/16 08/31/28 1.17 1.058% $ 2,000,000.00 $ 1,989,540.00 Treasury Note 912828203 0.750% 11/30/16 06/31/18 1.17 2.067% $ 3,000,000.00 $ 2,983,590.00 FFCB Callable 3133EGTHO 7.030% 09/06/16 09/06/18 1.19 1.030% $ 2,000,000.00 $ 2,000,000.00 Treasury Note 912828L40 I.ODOY 11/30/16 09/15/18 1.21 1.080% $ 3,000,000.01) S 2,995,770.00 FFCB Callable 3133EGFKB 1.010% 06/20116 09/20/18 1.22 1.010% $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130A9C90 LOON 09/28/16 09/28118 1.25 1.050% $ 3,000,000.00 S 3,000,000.00 Treasury Note 912828742 0.750% 12/09/16 09/30/18 1.25 1.079% $ 3,000,000.00 $ 2,982,420.00 FHLB Bullet 313OA9AE1 0.875% 12/12/16 1D/01/18 1.25 1.142% $ 3,000,000.00 S 2,985,750.00 FHLB Callable 313DA9NHO 1.000% 30/11/16 10/11/18 1.28 1.000% $ 2,000,000.00 S 2,000,000.00 Treasury Note 91282SLEIS 0.875% 11/30116 10/15/18 1.29 1.008% $ 3,000,000.00 $ 2,988,633.00 Treasury Note 912828783 0.750% 12/09/16 10/31/18 1.34 1.094% $ 3,007,000.00 $ 2,980,800.00 FFCB Callable 3133EGA70 0.970% 11/01/16 11/01/18 1.34 0.970% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3334GAVW1 1.OSD% 12/28116 11/07/18 1.36 1.285% $ 3,000,000.00 $ 2,987,100.00 FHLMC Callable 3134GAW26 1.400% 02/28/17 02/25/19 1.66 1.400% $ 2,000,DOO.DO $ 2,000,000.00 FHLB Callable 3130AAW79 1.35D% 03/21/17 03/20/19 1.9?2 1.414% $ 3,000,000.00 $ 2,996,250.00 Mo Cash Flow $ 12,000,000.00 $ 13,000,000.00 $ 12,000,000.01) $ 13,000,000.00 $ 6,000,000.00 S 6,000,000.00 $ 9.0001000.00 $ 13,000,000.00 S 14,000.001).00 $ 13,000,000.00 S 13,000,000.00 $ 11,000,000.00 $ 15,000,000.01) S 13,000,000.00 S 11,000,000.00 $ 5.000,000.00 $ 2,000000.00 - - -- ' ------P127 Note: See separate investment report for OPER funds 2 oft __ _ ......._ . _. -...-.P128 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date June 90, 2017 OW0/17 Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Dale Date maturityMaturity Per Amours Book Value MO Cash Flow FNMA8u0et 313661GV56 1.250% 06/05/17 03/25/19 1.73 1.304% S 21000,000.00 S 1,998,070.00 $ 5,00,00.0 FHLMC Bullet 3137EADZ99 1.125% 03/06/17 04/15/19 L79 1.422% S 3,000,000.00 5 2,981,619.00 FHLMC - IX Call 3134GSEG3 1.410% 04/26/17 04/26/19 1.82 L4106 $ 2,000,000.00 S 2,01)(1,000 00 $ 5,00,0040 FHLB Bullet 323UABD818 1.40% 05/24/17 05/24/19 L90 1.425% S 1,000,00.0 $ 1,999,0011.00 $ 2,00DAD0.0 FFCB Callable 3133EHLUS 1.390% 06/05/17 06/OS/19 L93 1.3901A $ 2,00,00.0 $ 2,00,00.0 FFCB Bullet 3133ENMR12 1.375% 06/12/17 06/12/19 1.95 1.375% 5 2,00,000.0 5 2,00,00.0 FHLB Bullet 3130ABDO6 1.125% 03/08/17 06/21/19 1.98 L455% $ 8,00,00.0 $ 2,976,999.0 FHLB Bullet 313DAB2GO 2.40% 03/31/17 06/27/19 199 1.416% S 2,00,000.0 $ 1,999,312.00 $ 9,00,00.0 FFCB tellable 3133EG2k4 1.080% 03/31/17 07/05/19 2.01 1.481% $ 2,00,000.0 $ 1,982,20.0 FHLMC Bullet 3137EACB13 0.875% 03/31/37 07/19/19 2.05 1.394% $ 2,000,000.0 $ 1,976,578.0 FHLB-1X 313DABB22 1.375% 05/12/17 07/26119 2.07 1.375% S ZODD,00.0 $ 2,00,00.0 $ 6,00,00.0 FHLMC Bullet 3137EADK2 1.250% 03/30/17 08/01/19 2.09 1.403% S 3,000,00.0 $ 2,989560.0 FNMA Bullet 3135GOP49 1.00% 05/05/17 0/28/19 2.16 1.442% S 2,OODAW.0 $ 1,979,946.0 $ 5,00,1100.0 FHLMC 3134GA7A6 I.SDD% 05/11/17 0/09/19 2.19 1.500% $ 2,00,00.0 $ 2,100,00.0 FHLB Bullet 313OA9EP2 1.00% 05/10/17 0/26/19 2.24 1.436% $ 2,000,00.0 S 1,979,660.0 FHLB Bullet 313OA9EP2 1.000% 05/11/17 0/26/19 224 1.435% $ 2,00,00.0 $ 1,979,750.0 $ 6,00,00.0 FHLMC Bullet 3137EADMB 1.250% 05/04/17 10/02/19 226 1.451% $ 3,000,00.0 $ 298S,780.0 FNMA Bullet 3135GOR39 1.000% 06/30/17 10/24/19 2.32 1.425% $ 2,00,00.0 $ 1,980,694.0 $ 5,00,00.0 FHLB Build 3130AA3R7 1.375% 06/30/17 11/15/19 2.38 1.433% $ 2,00,00.0 5 1,997,300.0 $ 2,00,00.0 Sub Total- General lnvestmem $ 226,00,00.0 $ 225,301,164.77 $ 226,00,00.0 Regions Bank Money Market $28,340.614.0 Regions Lockbox Accounts $5,317,323.65 TD Bank Checking Account $35,346,336.79 MINI Fargo Bank Checking Amunt $10,332,454.20 SankUnHed Money Market $32,477,83725 Harbor Community Bank CD 0.850% 02104/16 02/04/18 0.60 $3,088,305.35 National Bank of Commerce CD 0.000% 05111/16 05/11116 0.66 $6,079,586.03 OCOlins Bank CD 0,860% 04/23/16 0426/18 0.82 $2,020,883.20 Total General Cash 6 Equivalent& - Unrestricted $ 149 304,SM91 Restricted Cash-Bond Covenants thein by BNY/Mellonl Fidelity Institutional Treasury Money Market-UOlities Debt Service Reserve $21,85286 Treasury Note 81282BRS3 0.625% 06/30/16 OnoliB 1.00 0.745% $1,480,000.0 $1,470,572.40 Treasury Note 91262OU40 1.00% 11/30/16 11130/18 1.42 1.085% $1,030,000.0 $1,025,014.80 Treasury Note 91262OXV77 1250% 06/30/17 0/30/18 2.0 1.345% $1,610,00.0 $2.605,604.70 Total Restricted Bond Reserve - adjusted for fair market value $4,123,044.75 Restricted Cash - Landfill FACC-Flerida Local Govt InvesMlem Trust-LanOfill Closure 8 Postdosure Reserves - adjusted for fair thin value 5 13,031.726.30 Total Pooled Cash 6 Equivalents S 36S,459,Z76.77 Restricted Cash - Health Insurance Wells Fargo - BCBS Claims Aooxmt $1,148,23136 Citibank - BCBS Imprest Aocl 584,00.0 Total Restricted Cub -Health Imurence $1,232,23L26 Restricted Cash - Housing Acooum $37B,%lS28 Total Portfolio $ 367,070AW1 Note: See separate investment report for OPER funds 2 oft __ _ ......._ . _. -...-.P128 Schedule 3 Indian River County Portfolio By Maturity Date June 30, 2017 $300,000,000 $262,785,953 $250,000,000 , $200,0001000 i $150,000,000 $100,000,000 i $80A32,602 $50,000,000 $23,851,468 $0 m� 0.12 Months 13.24 Months 25.36 Months Total Portfolio $367,070,023 Tr TD Bank Cher 9.67% Harbor Comr Schedule 4 Indian River County Portfolio By Type June 30, 2017 f% Bk Comm CD 1.66% HLMC 13.92% ank CD 0.550% 39%. Schedule 5 Indian River County Investment Purchases and Calls/Maturities Quarter Ending June 30, 2017 PURCHASES: Investment Description Yield to Matudt Purchase Date Call Date aturity, Date Par Amount Book Value FHLMC-1X 1.41% 04/26/17 04/26/18 04/26/19 $2,000,000 $2,000,000.00 FHLMC Bullet 1.45% 05/04/17 10/02/19 $3,000,000 $2,985,780.00 FNMA Bullet 1.44% 05/05/17 08/28119 $2,000,000 $1,979,946.00 FHLB Bullet 1.44% 05110/17 09/26/19 $2,000,000 $1,979,660.00 FHLB Bullet 1.44% 05/11/17 09/26/19 $2,000,000 $1,979,750.00 FFCB Callable 1.50% 05/11/17 03/09/18 09/09/19 $2,000,000 $2,000,000.00 FHLB -1X 1.38% 05/12/17 04126/19 07/26/19 $2,000,000 $2,000,000.00 FHLB Bullet 1.40% 05/24/17 05/24/19 $2,000,000 $1,999,000.00 FNMA Bullet 1.30% 06105/17 03/25/19 $2,000,000 $1,998,070.00 FFCB Callable 1.39% 06/05/17 09/05/17 06/05/19 $2,ODO,000 $2,000,000.00 FFCB Bullet 1.38% 06/12/17 06/12/19 $2,000,000 $2,000,000.00 FNMA Bullet 1.43% 06/30/17 10/24/19 $2,000,000 $1,980,694.00 FHLB Bullet 1.43% 06/30/17 11/15/19 $2,000 000 $1,997,300.00 Treasury Note 0.67% 09/02/15 13 06/30117 $27 000 000 $26 900 200.00 MATURITIES: Investment Description Yield to Maturd Purchase Date Early Call Date Maturity Date Par Amount Book Value FNMA Disc 0.52% 05/04/16 04/03/17 $2,000,000 $1,990,351.11 FNMA Disc 0.52% 05/04/16 04/10/17 $2,000,000 $1,990,148.89 Treasury Note 0.88% 12/16/15 04/15/17 $2,000,000 $1,999,780.00 Treasury Note 0.77% 11/30/15 04/30/17 $2,000,000 $1,992,500.00 Treasury Note 0.59% 04/30/15 04/30/17 $3,000,000 $2,994,375.00 FHLB Disc 0.64% 05/18/16 05/11/17 $1,700,000 $1,689,180.44 FNMA Disc 0.67% 05/31/16 05/18/17 $3,000,000 $2,980,640.01 FHLMC Disc 0.66% 05/31/16 05/25/17 $3,000,000 $2,980,703.75 Treasury Note 0.66% 09/02/15 05/31/17 $3,000,000 $2,998,350.00 Treasury Note 0.79% 11/30/15 05/31/17 $2,000,000 $1,995,000.00 FHLMC Disc 0.45% 0629/16 06/09/17 $2,000,000 $1,991,375.00 Treasury Note 0.92% 12/16/15 06/15/17 $2,000,000 $1,998,820.00 FNMA Disc 0.51% 07/06/06 0622117 $3,000,000 $2,985,458.34 Treasury Note 0.67% 09/02/15 06/30117 $3,000,000 $2,997,630.00 Treasury Note 0.81% 11/30/15 06/30/17 $2,000,000 $1,994,062.50 Treasury Note 0.62% 12/09/16 06/30/17 $2,000 000 $2,000,000.00 16 $37,700 000 $37 578,375.04 leginning portfolio (03/31/17) Total purchased Total matured I of $235,979,339.81 13 securities $26,900,200.00 16 securities (837.578.375.04 31 October November December January February March April May June July August September Net cash flow October November December January February March April May June July August September Net cash flow Schedule 6 Indian River County Change in Monthly Cash Flows For All Pooled Cashlinvestment Accounts Comparison of Six Fiscal Years June 30, 2017 (8,183,746) Fiscal Year 2011-2012 Net Chane Month End Bel* Month End Bal* $ (7,163,713) $ 299,325,098 $ 15,743,556 $ 315,068,654 $ 31,679,255 $ 346,747,909 $ 540,328 $ 347,288,237 $ (3,953,214) $ 343,335,023 $ (4,018,678) $ 339,316,345 $ (6,018,427) $ 333,297,918 $ (5,148,326) $ 328,149,592 $ (12,048,463) $ 316,101,129 $ (5,284,467) $ 310,816,662 $- (10,999,198) $ 299,817,464 $ 1 512 399 $ 298,305,065 (8,183,746) 7.860,609 Fiscal Year 2014-2015 Net Chane Month End Bel* Month End Bal' $ (10,422,694) $ 287,937,696 $ 19,342,864 $ 307,280,560 $ 35,786,179 $ 343,066,739 $ (285,799) $ 342,786,940 $ (2;801,802) $ 339,979,138 $ 281,107 $ 340,260,245 $ (6,111,791) $ 334,148.454 $ (4,947,796) $ 329,200,658 $ (6,122,052) $ 323,078,606 $ (8,447,944) $ 314,630,662 $ (9,274,059) $ 305,356,603 $ 864 396 $ 306,220,999 7.860,609 7,985 Fiscal Year 2012-2013 Net Chane Month End Bel* Month End Bal' $ (4,325,867) $ 293,979,198 $ 16,251,425 $ 310,230,623 $ 29,931,173 $ 340,161,796 $ 130,635 $ 340,292,431 $ (2,486,081) $ 337,806,350 $ (2,787,582) $ 335,018,768 $ (8,244,064) $ 326,774,704 $ (4,598;588) $ 322,176,116 $ (4,334,609) $ 317,841,507 $ (4,470,572) $ 313,370,935 $ (10,017,849) $ , 303,353,086 $ 5040 036 $ 298,313,050 7,985 $ 15,098,062 Fiscal Year 2015-2016 Net Chane Month End Bel* $ (8,105,518) $ 298,115,481 $ 25,830,326 $ 323,945,807 $ 35,536,011 $ 359,481,816 $ (373,573) $ 359,108,245 $ 906,675 $ 360,014,920 $ 256,335 $ 360,271,255 $ (5,220;820) $ 355,050,435 $ (2,730,213) $ 352,320.222 $ (8,065,869) $ 344,254,353 $ (7,588;170) $ 336,666,183 $ (8,369,612) $ 328,296,571 $ 6 977 510 $ 321,319,061 $ 15,098,062 47,340 Fiscal Year 2013.2014 Net Change Month End Bal' $ (7,076,226) $ 291,236,824 $ 13,411,135 $ 304,647,959 $ 33,565,914 $ 338,213,873 $ (1,632,096) $ 336,581,777 $ (1,988,485) $ 334,593,292 $ (474,129) $ 334,119,163 $ (6,034,807) $ 328,084,356 $ (5,237,557) $ 322,846,799 $ (11,441,367) $ 311,405,432 $ (3,166,797) $ 308,238,635 $ (8,103,393) $ 300,135,242 $ (1,774,85 $ 298,360,390 47,340 44,030,106 'Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Excludes two health insurance bank accounts utilized by BCBS and the Section 8 HUD bank account. Source: Balance Sheet for fund 801 (run by month) Schedule does not Include OPER Investments - see separate report. Fiscal Year 2016-2017 Net Chane Month End Bel* $ (6,856,660) $ 314,462,401 $ 29,862,090 $ 344,324,491 $ 37,277,098 $ 381,601,589 $ (931,868) $ 380,669,721 $ (2,015,776) $ 378,653,945 $ 442,916 $ 379,096,861 $ (2,740,420) $ 376,356,441 $ (4,378,477) $ 371,977,964 $ (6,628,797) $ 365,349,167 44,030,106 'Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Excludes two health insurance bank accounts utilized by BCBS and the Section 8 HUD bank account. Source: Balance Sheet for fund 801 (run by month) Schedule does not Include OPER Investments - see separate report. P133 c— .--2 .......... .. ............ ............ ... MIS ........... !:d Tf ;j d � d t E t� d f d g ............ ............ ......... 6HIMMild6d Id 66611111111 Imum dooddo6adQd oddd6d000 151"UHIM ;1IFFlag-r's -="�a Z�ZZ�Z 6 6.dcadca ............ -------- ---- ww--- -- ---- --------- ............ ........... ......... 11111 Immmig Immst codd cdoccacc.cad ca.cadoo. mlmnm ngs��m mm�4 Z��. ��4 ..... ....... .... w ........ ad** caccoac6dod6 ocdcddcad �W MIME M? SM! I;F ..... ....... . ......... 6dH;ddcdddd dooddo2d add. . :ddd66:: .......... ... FBI dedoo d.doccca.cco cdoodoo s v "4.'v4* v4v4. ..... ........... dda.".. c..cdd.cdH. ............ ............ ......... 7,7, MA ' 2.a.d ...... cop 6.6doadd c5cd6 .... !�UM�-g§Fjvsp HaMS99 �2H HWHH ��ama4g� 4 ........ ............ . ........ HfIll gig! 6�.Wdad 66 ---------- P133 Schedule8 Indian River County Allocation of Pooled Cash and Investments By Fund Types Balance in Funds as of June 30, 2017 General Fund Special Revenue Funds Debt Service Funds Capital Project Funds Solid Waste Funds Golf Course Fund Building Fund Utilities Funds Fleet Fund Insurance Funds GIS Fund Escrow Funds Total Investments Pooled Investments $ 58,711,774 $ 68,007,072 $ 7,867,364 $ 76,551,838 $ 32,834,334 $ 136,320 $ 6,981,540 1$ 84,497,504 $ 287,540 $ 25,766,873 $ 276,154 $ 3,440,854 $ 365,349,167 Schedule includes all pooled investments, FMV adjustments, and cash in bank. Excludes two health insurance bank accounts utilized by BCBS for claims and the Section 8 HUD bank account. Schedule does not include OPEB investments - see separate report. 34 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 18012711 Street Vero Beach, FL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners (acting as Board of Trustees of OPEB Trust) FROM: Elissa Nagy, Finance Director THRU: Jeffrey R. Smit h, Clerk of the Circuit Court and Comptroller DATE: July 142 2017 SUBJECT: Quarterly OPEB Trust Report for Quarter Ending 06/30/2017 Attached please find a summary report consisting of the composition and investment return of the OPEB Trust for the third quarter of this fiscal year. These funds are held in trust by our custodian BNY/Mellon. This report was reviewed by our investment advisory committee on July 13,2017. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly OPEB Trust Report. -P135 Rjj Oil! 0 > > A A I F 1 a&- d Tii g. 01 4 AN t 61 Isl If -g -6 d d Rjj Oil! 0 > > A A I �jr* g. 01 4 AN t 61 Isl If -g -6 d d �jr* >10. I III BNY MELLON Tl� Bitak of Pkw York NAllon Tnnd C..qmy, N.A. INDIAN RIVER COUNTY FINANCE DIRECTOR 1801 27TH STREET BLDG A VERO BEACH. FL 32060.=8 Go Paperless. Securely access your account online to view your statements, Ask yoUrSNY Mellon contact howare can help you acces your accourds, enter your cran transactions or submit an audit confirmation online. Also be sum to ask how Connect(SM), our new "to -based, single sign -on platform can help you go paperless. Visit us at wwwbirrymellon.com Account Overview Account Statement Statement Period 04MI12017 Through 06=07 Account 179137 INDIAN RIVER CO OPEB TRUST CLIENT SERVICE MANAGER: TINA GONZALEZ 10161 CENTURION PARKWAY N JACKSONVILLE, FIL 32256 904 -MB -4732 TINA.GONZALEZ@BNYMELLON.COM Summar ,y of Assets Held �Mv.� cout Acoruecib. FAII Annual ft� 0.1wyw EQUITY 14,560,398.64 10,616,553.10 0.00 0.00 0.00% OTHER 14,278.417.89 13,OSZ436A3 DGD 0.00 0.00% CASH AND SHORT TERM 137.08 137.08 0.00 0.00 0.017% ACCOUNT TOTALS 28.11438,953.61 23,Sr9,126.61 0.00 0.00 ojM Summary of Cash Transactions P . an Current Period Year -to -Date. M~ Vk. 51% 0 EQUITY 14.560.398:64 OPENING BALANCE 49% a OTHER 14,278,417.89 536.249.50 0% 0 CASH AND SHORT TERM 137.08 ............... . ........ 100% TOTAL OF ALL INVESTMENTS 28,838,953.61 Summar ,y of Assets Held �Mv.� cout Acoruecib. FAII Annual ft� 0.1wyw EQUITY 14,560,398.64 10,616,553.10 0.00 0.00 0.00% OTHER 14,278.417.89 13,OSZ436A3 DGD 0.00 0.00% CASH AND SHORT TERM 137.08 137.08 0.00 0.00 0.017% ACCOUNT TOTALS 28.11438,953.61 23,Sr9,126.61 0.00 0.00 ojM Summary of Cash Transactions Paige I of a Page I of a P137 Current Period Year -to -Date. h� PdnchW OPENING BALANCE SIBA"37 920,294.22. 536.249.50 &U,249.50 - DIVIDENDS 135,414.94 135.405.75 - 0.00 218.608.08 198,974.95 - INTEREST 0.00 0.00 0.00 0.06- 0.01) SALES AND REDEMPTIONS 0.00 W9,072.76 0.01) 0.00 1.137.658.02 OTHER CASH ADDRIONS 0.01) 568.59526 0.00 0.00 1,137,170M OTHER CASH DISBURSEMENTS 0.00 9N.00 - 0.00 0.00 9110.00 - PURCHASES 9.19. l.i36,668.02 - 0.00 11.40- 2293.46021 w CLOSING BALANCE 754,546.12 754,846.12 - 0.00 754,646.12 754,846.12 The some cael, transactions surnmary Is Provided for InforrnAon Purposes only and my not reflect actual taxable ln�ome or deduclible expenses as reportable under the Internal Revenue Code. Paige I of a Page I of a P137 >11- 61a,"0.37 10.5116,553.110 0.00 BNY MELLON 0.01) Statement Period 04101/2017 Thmgh 0600,12017 9.404.28 0.00 A�nt 179137 1.01101110 208,822.88 The Bw* ol New York Malian Treat Comparry, NA 0.00% INDLAN RIVER CO OPES TRUST 206.BM.88 Statement of Assets Held 253.723-750 VANGUARD INTERMEDIATE-TERM TREASURY FUND 11.18DOO 2.SMA31.51 Sham I market matal vkl� AconAd 2.470.767.96 0.00 A 2.658.946.360 VANGUARD PRIME MONEY MARKET FUND Est Mavlad Yeld EQUITY 0.00% CUSIP:9229Mbl 0.98455 Z617.SW29 294,492.590 VANGUARD FTSE ALL WORLD EX US INDEX FUND 19.71000 5,804,448.97 O.OD 0.00% CUSIP: 9Z2042791 17.46010 5.141.871.03 01w 7.766,995.30 29,370.610 VANGUARD 5W INDEX FUND 223.76000 6,571,673.54 0.00 0.00% CUSIP:922W8108 139.18w 4.087.991.05 ox 13,062.436 A3 11,273.360 VANGUARD SMALL -CAP INDEX FUND 64.96M 732.317.47 0,00 0.00% CUSIP: 922ON702 38.55`183 434.6011.67 0)00 125.68 37.287.070 VANGUARD MIDr� INDEX FUND 38.64DOO 1,451,958.66 (Loo O.DD% CUSIP: 922908843 22.85195 852'm 35 0.00 11.40 Total EQUITY ODD% 1141.5611,11911.64 cm 0.w% 0410111? OPENING BALANCE 61a,"0.37 10.5116,553.110 0.00 OTHER 0.01) 9,40428- 9.404.28 0.00 206.822.880 VANGUARD FEDERN. MONE)r MARKET FUND 1.01101110 208,822.88 0.00 0.00% CUSIP: 92290M IDD000 206.BM.88 0.00 253.723-750 VANGUARD INTERMEDIATE-TERM TREASURY FUND 11.18DOO 2.SMA31.51 0.00 04)0% CUSIP: 92203iW2 OJ3788 2.470.767.96 0.00 0.00 2.658.946.360 VANGUARD PRIME MONEY MARKET FUND IXXXX0 Z658.9".36 0.00 0.00% CUSIP:9229Mbl 0.98455 Z617.SW29 0.00 806,774.OW VANGUARD SHORT-TERM TREASURY FUND 10.630W 11,576,017.13 0.00 0.00% CUSIP: 922031703 Q�W21 7.766,995.30 0.00 Tortal OTHER 114278,417.89 0.00 0mm 78D.072.805 SHARES 13,062.436 A3 0.00 CASH AND SHORT TERM 0.00 4.184.33- 4,18433 0.0D 125MO FIDELITY INVESTMENT MM TSY 3 696 14m 125.68 0.00 0110% CUSIP:)=SD0002 14m 125.68 0.00 11.400 FIDELITY INVST M MKT TRSY 06 11)(100) 11.40 0.00 ODD% CUSIP: XSUSD0002 IXXXXX) 11.40 0.00 om Total CASH AND SHORT TERM 11117.08 0.00 0.00% CASH DIVIDEND 1117.08 0.00 &COUNT TOTALS n 838.9S3.61 0.00 0Av% EX 03312017 PAY 04032017 23,579,126.61 0.00 Total Market Valm Phm Total A=uad Income 28,1138,953.61 Statement of Transactions 3 T� 1,662.44 0.00 0.00 Reaftowl Daw Trarmmcdc� D*.Ip� Imoo,ad P'lealval Coal 0410111? OPENING BALANCE 61a,"0.37 620,89422. 22.078,11SAI 04M17 Dividend 0.01) 9,40428- 9.404.28 0.00 VANGUARD SHORT-TERM TREASURY FUND CUSIP 922031703 883,861 SHARES 04/03117 DMdend 9,404.28 0.D0 om 0.00 VANGUARD SHORT-TERM TREASURY FUND CASH DIVIDEND DIV RATE:.01 EX 03312D17 PAY D4032017 CUSIP 922031703 78D.072.805 SHARES 04/03117 Dividend 0.00 4.184.33- 4,18433 0.0D VANGUARD INTERMEDIATE-TERM TREASURY FUND CUSIP 922031802 375.951 SHARES 04413117 Dividend 4,16423 0.00 0.00 om VANGUARD INTERMEOLATE-TERM TREASURY FUND CASH DIVIDEND Div RATE-. .02 EX 03312017 PAY 04032017 CUSIP 922031802 248-100.867 SHARES 3 04)03117 DNicland 1,662.44 0.00 0.00 0.00 VANGUARD PRIME MONEY MARKET FUND CASH DMDEND DIV RATE: 0.00 EX 03312017 PAY 04032DI 7 Page 2 of 8 Page 201 8 P138 . >- I lill BNY MELLON Statement Perlod 0410112M Through 06130,2017 Atmount 179137 The B� ol Nw Ye* Monm Tmd C.Pwy, NA INDIAN RIVER CO 0PEB TRUST Statement of Transactions - Continued T� Usis Tmmutlen Dscipflan Pdndpw cw CUSIP 9229DS201 2.394.2SO.OW SHARES 04/03117 DM&nd 0.00 1,682.44- 1.682.44 0.00 VANGUARD PRIME MONEY MARKET FUND CUSIP 9229062DI 1.682A40 SHARES 04/OW17 DMdend 95,70 0.00 0.0131 0.00 VANGUARD FEDERAL MONEY MARKET FUND CASH DIVIDEND DIV RATE: 0.00 EX 0331 Z017 PAY 04032017 CUStP 92290SM 206,494.?10 SHARES 041=17 DW4" 0.00 95.10- 95.70 oko VANGUARD FEDERAL MONEY MARKET FUND CUSIP =Dom 95.7DD SHARES 04W17 Reversal 1,463.85. 0.00 0.00 0.00 VANGUARD PRIME MONEY MARKET FUND CANCEL CANCEL CUSIP 9229DB20i 2.39ZeX240 SHARES 04)03117 Revesal 0.01) 1.463AS 1.453.85- 0.00 VANGUARD PRIME MONEY MARKET FUND CUSIP 9229DS201 1.453.850 SHARES 0"3117 DAILY ENDING BALANCE 6M.353.27 gn.353.27 - 2ZS90,029.31 0,00 04104117 Pumhass 1.63- 0.0D 1.63 Moo FIDELITY INVST M MKT TRSY 696 TRADE DATE 041MW SETIDATE 04/Wl 7 CUSIP XBUSDOD02J 1.630 SHARES 04ID4/17 Dividend 1.63 0.00 .0.00 0,0D FIDELITY INVESTMENT MM TSY 3 696 TRADE DATE 04AW17 SETIDATE 041W17 CUSIP)(OUSDO002 1.630 SHARES OQMT DAILY ENDING BALANCE 633,353.27 633.3S327. 2Z690,030.94 0.00 04121117 Pumhese O.DO 189,025.92 - 169.025.92 0.00 FIDELITY INVESTMENT MM TSY 3 696 TRADE DATE 04121117 SETMATE 0021117 CUSIP X9USD0002 189,025.920 SHARES 0021117 Guh Cmdit 0.00 1119.528.42 0.0D 0.01) ORD CUST;14308981 ?W INDIAN RIVER COUNTY SOCC CONCENTRA11ON ORD INST:TD BANK, NA WILMINGTON. DELAWARE DETAJLMONTHLY FUNDING IMA.'2017042IC1876EIC000937 FT'S:FDF17042105555DO 00421117 Cash Debit 0.00 502.50. 0.01) 0.00 BANK OF NEW YORK MELLON 021000018 INDIAN RIVER CO OPES TRUST CAS/890`12452SI) REP PAYMENT FOR ADMIN BILUNG FEE DEC I TO FEB 28,2DIT INVOICE 252-2DD8776 ACCT INDIANfREVOPB 04121117 DAILY ENDING BALANCE 6M.353.27 633.3SS.27 - 23.079.056.86 0.00 04124117 Purchase 0.00 189,528.42 - 189.52SA2 0.00 VANGUARD PRIME MONEY MARKET FUND 1171110242435 TRADE DATE 04r2lil? SET/DATE 041207 CUSIP 9229OM1 189,SZ8.420 SHARES Page 3 of 8 Pap 3 of 0 Page 4 of 8 Page 4al 8 ---P140 BNY MELLON Statement Period 0410112017 Thmgh 0613012017 AcooUnt179137 The Bank of Nee, Yori, Mahn Twd Camparry. NA INDUkN RIVER CO OPES TRUST Statement of Transactions - Continued 7nmeection ftfleetl awe� T� Oeedp� PdndjW COet Qe� M4117 Sale ODD 189,528.42 189,528.42 - 0.013 FIDELITY INVESTMENT MM TSY 3 696 TRADE DATE 04124117 SETIDATE W2017 CUSIPX9USDO002 189,528.420SHARES 04124117 DAILY ENDING BALANCE 6",35327 GU,353.27 - 23,079.056.66 0.00 05/01117 DividwW 0.00 8,061 AO - S.D61.40 0.00 VANGUARD SHORT-TERM TREASURY FUND CUSIP 922031703 756.939 SHARES 05MI/17 OWWerbd 8,061.40 0.00 O.DO 0.00 VANGUARD SHORT-TERM TREASURY FUND CASH DIVIDEND DIV RATE..Ol EX 05012017 PAY 05012017 CUSIP 9MO31703 78D.956.666 SHARES 05101117 Dividend 0.00 4,028.65- 4,028.85 0.00 VANGUARD INTERMEDLATE-TERM TREASURY FUND CUSIP 822031OD2 3S9.719 SHARES OSMII17 DWend 4,028.65 0.00 0.01) 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND CASH DIVIDEND DIVRATE:.02 EX 04302017 PAY 05012017 CUSIP 922031802 248,576,818 SHARES 0501117 DWertd 0.00 1,833.77- 1,BM.77 0.00 VANGUARD PRIME MONEY MARKET FUND CUSIP 9229062DI 1.833.770 SHARES =1117 Dh4dend 1,833.77 0.00 0.00 0100 VANGUARD PRIME MONEY I%4RKEt FUND CASH DIVIDEND DIV RATE: 0.00 EX 04302DI? PAY 05012017 CUSIP 9229DS201 2,585,490.950 SHARES OSM1117 DMdend 107.65 0.00 0.00 0.60 VANGUARD FEDERAL MONEY MARKET FUND CASH DIVIDEND DtV RATE. 0.00 EX 04302017 PAY 05012017 CUSIP 922QD6300 206,590.41OSKARES 05101117 DfAftrid 0.00 iD7.55 - 107.55 0.00 VANGUARD FEDERAL MONEY MARKET FUND CUSIP 922906300 107-950 SHARES 05MIM7 DAILY ENDING BALANCE 647,38444 647.314.84 - 23.093.008.43 0.011 05102/17 Pumhass 5.54 - 0.00 5.54 O.D) FIDELMY INVST M MKT TRSY 6D6 TRADE DATE OSM2117 SETIDATE OSffi2J17 CUSIP XSUSDOD021 5.540 SHARES 051=17 DMdend 5.54 0.00 O.OD 0.00 FIDELITY INVESTMENT MM TSY 3 696 TRADE DATE 65,MV17 SETIDATE OSM17 CUStP X9USDDDD2 5.540 SHARES 05M*M7 DAJLY ENDING BALANCE 647,394.64 647.394.84 - 23.093,093.97 0.00 a OSW11 Purchase 0.00 189,52SA2 - 18a.52BA2 0.00 FIDELITY INVESTMENT MM TSY 3 696 TRADE DATE 05123117 SETIDATE 05123117 CUSIP XDUSDO002 189.628A20 SHARES Page 4 of 8 Page 4al 8 ---P140 Page 5 of 8 Page sof a P141 BNY MELLON Statement Pedod 04101/2017 Thmugh 06130/20117 A=int 179137 The Sank of km York Mdbn Tmd Compmy, NA INDIAN RIVER CO OPr8 TRUST Statement of Transactions - Continued Del* T� D..W. h� Prbwipo o5wil Cah Cma O.OD 189.52BA2 0,D0 0.00 ORD CUST14308981798 INDIAN RIVER COUNTY SOCC CONCENTRATION ORD INST.TD RANK NA NUMINGTON. DELAWARE DETAILMONTHILY FUNDING IMA'.201705=187SE10DOD927 FrS:FDF17052304829DO DS=17 DAILY ENDING BALANCE 647,W.84 647,38444- 23.=622JO 0.00 0524M7 Purchase 0.00 140.ODO.00 - 140.000.00 0.00 VANGUARD SHORT-TERM TREASURY FUND 1171430179319 TRADE DATE 05r"17 SETIDATE M4/17 CUSIP 9=1703 13,1STIMSHARES OS124/17 PurcMm 0.00 49,528.42- 49.528.42 0.01) VANGUARD INMERMEDIATE-TERM TREASURY FUND 1171430179720 TRADE DATE 05=17 SETIDATE 05n4/17 CUSIP 9=18D2 4.422.180SHARES OV24117 Sale 0.01) 189,5U A2 189,528,42 - ODD FIDELITY INVESTMENT MM TSY 3 696 TRADE DATE OM24/17 SET/DATE OSf2,Vl 7 CUSIP X9USDDDD2 189.52BA20 SHARES 05124117 DAILY ENDING BALANCE 647-3114.84 647,384.84 - 23=62ZJ9 06101117 Dividend 2,109.14 0,06 0.00 0.00 VANGUARD PRIME MONEY MARKET FUND CASH DIVIDEND DIV RAM 0.00 EX OS3120`17 PAY 06012017 CUSIP 9229MOI 2,587,324.720 SHARES 06101117 DAILY ENDING BALANCE 649,493.98 647,364.64 - 23.309,664 M 0.00 06002JI7 Purohme 2.02- 0.00 2.02 DOD FIDELITY INVST M MKT TRSY 696 TRADE DATE 05M2117 SETIDATE DSM211 7 CUSP XQUSDOD021 2.020 SHARES OSM2/17 OMdend 2.02 0.00 D.00 0.00 FIDELITY. INVESTMENT MM TSY 3 W6 TRADE DATE 06=17 SETIDATE 06102117 CUSIP X8USDD)D2 2.020 SHARES CM2JIT DAILY ENDING BALANCE 649.493.08 647,384.84 - A"9.566.55 0.00 OIYI6117 Sale O.DD 487.50 491.50- 0.00 VANGUARD PRIME MONEY MARKET FUND 11716SO2125M TRADE DATE 06114/17 SET/DATE 06115/17 CUSIP 922906201 487.SW SHARES 005117 Cmh Debit . 0.00 487.SD - 0.00 0.00 SANK OF NEW YORK MELLON 021ODDDIS BNY FEE ACCOUNT CAS/8901245259 REP PAYMENT FOR ADMIN SLUNG FEE MAR I TO MAY 31.2017 INVOICE 252-2027165 ACCT INDiANREVOPB OOM5117 DAILY ENDING BALANCE 649A93.98 "T,364.54 - 23.309.0?9.05 0.00 3 0&16/17 Dividend 7,130.40 0.00 0.00 0.00 - VANGUARD SHORT-TERM TREASURY FUND CASH DIVIDEND DIV RATE:.01 EX 06312D17 PAY 06012017 5; Page 5 of 8 Page sof a P141 >0- BNY MELLON Statement Period 04101/2017 Thmgh 061302017 Acotxtnt 179137 The Bank of Nm York Mellon Twat Comp", NA INOIAN RIVER CO OPED TRUST Statement of Transactions - Continued Transmdon Roaftm Dee T� Dee.". h� Pr�� Cast CUSIP 92=3`1703 794,871.5M SHARES 06116117 DMdeAd 0.00 7.130.40- 7.130AD 0.01) VANGUARD SHORT-TERM TREASURY FUND CUSIP 922031703 669.521 SHARES 0611SM7 DIvIdend 0.00 4,`106.61 - 4.106L61 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND CUSIP9=1802 365.032 SHARES 0611&17 DIVIderd 4,106.61 0.00 0.00 0.00 VANGUARD INTERMEDIATE-TERM TREASURY FUND CASH DIVIDEND DIVRATE:.02 EX 05312017 PAY 06012017 CUSIP922MI8D2 253.&W.717 SHARES 06h6/17 DIVIdend COD 2,109.14- 2,109.14 0.00 VANGUARD PRIME MONEY MARKET FUND CUSIP 9229DBMI 2,1D9.140 SHARES 061111117 13tvIdend O.DD 124.92- 124.92 0.00 VANGUARD FEDERAL MONEY MARKET FUND CUSIP 9229D6300 124�= SHARES 06116/17 DkMend '124.92 obo 0.01) 0.00 VANGUARD FEDERAL MONEY MARKET FUND CASH DIVIDEND DIV RATE. 0.00 EX 05312017 PAY 05012017 .CUSIP 922906300 205.697.960 SHARES Ofillfill? DAILY ENDING BALANCE 660,855.91 fialessil - lsns,607.28 0.00 06121/17 Dividend 60.323.53 0.00 0.00 0.00 VANGUARD FTSE ALL WORLD EX US INDEX FUND CASH DIVIDEND DIVRATE--.21 EX 06212D17 PAY 06212017 CUSIP 922042791 291,417.997 SHARES 06r2lll7 Dh4dend 0.00 60.323.53. 60,323.53 O.OD VANGUARD FTSE ALL WORLD EX US INDEX FUND CUSIP 922042791 3,074.594 SHARES 06121117 DI,4dend 0.00 IZW26 - 1,M4.26 0.00 VANGUARD SMALL -CAP INDEX FUND CUSIP WZM8702 18.630 SHARES 06121/17 DiMand 1204.26 0.00 0.00 0.00 VANGUARD SMALL -W INDEX FUND CASH DIVIDEND DIVRATE:.11 EX 06212017 PAY 06212017 CUSIP 922908702 11,254.730 SHARES 06121117 DAILY ENDING BALANCE 722,383.70 TA383.70 - 23.357.135.77 0.00 OSW17 Pumhow 0.00 189.528.42 - 189.528.42 O.DD FIDELITY INVESTMENT MM TSY 3 696 TRADE DATE 06r"17 SETIDATE 06t23117 CUSIP XSUSDOD02 169.5213.420 SHARES OSWI? DMdand 0.00 28,075.84 - 28,075.84 0.0) 9 VANGUARD SOD INDEX FUND CUSIP 922MB108 124.943 SHARES 06123117 DFAdand 28,075.84 0.0D 0.00 0.00 VANGUARD SW INDEX FUND CASH DIVIDEND Page 6 of 0 Page Gol 8 >a. 1 1111 BNY MELLON Staterment Period 0410112017 Through 06=01117 Account179137 The Blank or Now York Marlon Trust Company, NA INDIAN RIVER CO OPES TRUST Statement of Transactions - Continued Innannoona --laffla Transaction Dasafeth" Income pri-ew Cost DIV RATE.95 EX D6232017 PAY 06232017 CUSIP 922908108 29245.655 SHARES 01123117 DMdend O.DD 4,386.68- 4.386.SB 0.01) VANGUARD MID -CAP INDEX FUND CUSIP 922908M 112.650 SHARES 06123/17 Dhrldend 4,386.68 0.00 0.00 0.00 VANGUARD M[D-r" INDEX FUND CASH DIVIDEND DrVRATE:.12 EX 062=17 PAY 06232017 CUSIP 9229OW43 37.i74A24 SHARES 0fi?23117 Cash Credit 189,528A2 0.00 0.00 ORD CUSTj430B98I 798 INDIAN RIVER COUNTY SOCC CONCENTRATION ORD INST.'TD BANK, NA WILMINGTON, DELAWARE DETAILMONTHILY FUNDING IMA20170623Cl 876EIC001713 FTS:FDF170623DO65700 06=7 DAILY ENDING BALANCE 754,846.12 754,8411.12 - 23,5n.126.61 0.00 0612fill? purchase 0.00 119.52BA2 - 119,528.42 0.00 VANGUARD SHORT-TERM TREASURY FUND 1171740242349 TRADE DATE 06)23117 SET/DATE 06Q&l 7 CUSIP 922031703 11.233.874 SHARES 0SIM17 Purchase D.00 70.000.00- 70,000.00 0.00 VANGUARD PRIME MONEY MARKET FUND 11717402428M TRADE DATE 06MV17 SErIDATE 061MI? CUSIP 9229D62111 70.000.DDD SHARES 0676117 Son 0.00 189.528A2 109.528.42 - 0.00, FIDELITY INVESTMENT MINI TSY 3 696 TRADE DATE 06/26117 SEUDATE OSMi7 CUStPX9USD0002 189.528.420 SHARES 06126117 DAILY ENDING BALANCE 754,11411.12 754,84111.12 - 23�579.1126.61 0.00 OW30117 CLOSING BALANCE 754,11".12 754A".12. 23,5711,112111.61 0.00 Cumulative merited caphal gain and lose position fion 11=11=16 for securithas hald In principal of account She" Tom: 0.00- Long Tem: 0.00, - The Moore gain and loss position does me Include transactions Whom tax cast Information Is incomplete or unavailable. Cash and securities set forth on this Account Statement am held by The Bank of New York Megan, an offillats of The Bank of Nem, York Mellon Trust Company. NA Inaddracm. The Bank of New York Mellon Trust Company, NA may Oros subsidiaries and bill to prvdft ser0ces and certain products to the Account Subsidiaries and afflertas may his COMMMated tor Old, services arid products. The value of securities set forth on this Acxotw� Statement am obtained by The Bank of Ne. York Mellor, Trust Company. N A., from its afni late, The Bank of New York Mellon delamllneS such values for Cowporsta Trust on the basis of market prime and Information obtained by The Bank of New York Mason from unaffiliated third parties Oncruffing Independent pricing vendors) ('third party pdft sarviors). The Bank of Now York Mellon has not veriffied such market volues or Information and makes no assurances all tD Me accuracy or correctness of such market values or mhormation or nod the market vllruee set forth M this Account Statement ~ the "Ne of the soca,rilks, " can be restated 9 UpOn the MID of such securities. In Mellon, the Market Makin ter the securities we forth In this Account Statement may celfiet from Ithe maricat prices and Informatan for the warno socurfiles used by ofiver business units of The Bank cd New York Marlon Trust Company. N -A.. The Bank of Now Yof% Mercon or tnerr maresce" subsidiaries or affiliates based upon — market p6cas and information recolved from char third party pricing wn,1cM utilized by sutch other business units. Corporate Tnact does " cimpare too market values with these used try. or mooncc[la dlifferard market values used by. other busineno; units of The Bank of New York Mellon Trust Company, NA, The Rank of Nm York Marlon ar their reapectivesubsidlarlosoreffillacus. NaltherThe Bank of Nm York Mellon Trust Company, NA. nor The Bank of New York Mellon shall be liable for any less. came" or separate Incurred as a result of or arising from or related to the market vatons or Information provided by third party pricing services ar the clIfferancon, In market prices or Information provided by other third party pricing services. Page 7 of 0 Page Tat 8 JEFFREY R. SMITH, Clerk of Circuit Court & Comptroller Finance Department 18012711 Street Vero Beach, FL 32960 Telephone: (772) 226-1945 CPA, CGFO, CGMA TO: Board of County Commissioners FROM: Edward Halsey, Internal Auditor THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: August 8, 2017 oe SUBJECT: Quarterly Tourist Development Tax Report for Quarter Ending 06/30/2017 Attached to this memorandum is the report of the tourist development tax monies collected in the Clerk's office for quarters ended June 30, 2016 and 2017. The report shows five categories of activity including short-term rentals. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Tourist Development Tax Report. � ­ P144 a c r T E E P145 E t g g P 6 a c r T E E P145 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27'h Street Vero Beach, FIL 32960 Telephone: (772) 226-1945 TO: Board of County Commissioners FROM: Elissa Nagy, Finance Director THRU: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller DATE: July 18, 2017 S11.1133ECT: Change In Investment Policy �9 0 BACKGROUND During the Investment Advisory Committee meeting on July 13, 2017, seven changes were recommended to the Investment Policy. We are requesting the following be changed to our investment policy: OLD. 1. Title Paae — INVIESTMENT POLICY for SURPLUS FUNDE NEW: 1. Title Page —CASH AND SURPLUS FUNDS INVIWAIENT POLICY OLD. 2. Table of Contents — INVESTMENT POUCY NEW. 2. Table of Contents — CASH AND SURPLUS FUNDS INYESTMENT POLI OLD. 3. Page 1, Section I — Overview and Purpose "ThIs Investment policy applies to all surplus monetary assets of Indian River County except 1) debt proceeds, 2) demand deposits covered by banking agreements, and 3) monetary assets held by other entities on behalf of the County." M9W 3. Page 1. Section I — Overview and PurDose "This policy applies to all cash and surplus funds of Indian River County except 1) debt proceeds and 2) monetary assets held by other entities on behalf of the County." P146 OLD. 4. Page 3, Section V - Authorized I vestments "Authorized investments shall be subject to restrictions as may be imposed by law (Section 218.415 of Florida Statutes.)" N EW. 4. Page 3, Section V - Authorized Investments "Authorized surplus funds shall be subject to restrictions as may be imposed by law (Section 218.415 of Florida Statutes)." OILD. S. Page 4. Section VIII - Portfolio ComRgsition, Risk and Diversification "With the exception of United States Treasury Obligations, no more than 20% of the entire portfolio shall be invested In any one Issuer." RM S. Page 4. Section VIII - Portfolio Composition, Risk and Diversification "With the exception of United States Treasury Obligations, no more than 20% of the entire portfolio shall be invested in any one federal agency." 179T" No a; a BEJKI 7. "No more than 10% of the Qualified Public Depository �No more than 10% (and collateralized in Aio may be placed In certificates of deposit with a collateralized in accordance with State requirements)." lio may be placed in any one Qualified Public Depository with State requirements)." Pacie 4. Section D( B. - Authorized Investment Institutions and Dealers �Proof of National Association of Security Dealers certification." Page 4. Section IX, B, - Authorized Investment Institutions and Dealers "Proof of Financial Industry Regulation Authority certification." Staff recommends that the Board of County Commissioners accept the Investment Policy changes. Attached is a complete investment policy for reference. P147 INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners CASH AND SURPLUS FUNDS INVESTMENT POLICY Prepared by the Clerk of the Circuit Court and Comptroller As amended by the Board of County Commissioners Revised August 15, 2017 48 INDIAN RIVER COUNTY, FLORIDA CASH AND SURPL US FUNDS INVESTMENT POLICY TABLE OF CONTENTS 1. OVERVIEW AND PURPOSE ............................................................................. I 11. OBJECTIVES ....................................................................................................... I Ill. DELEGATION OF AUTHORITY AND OVERSIGHT PROCEDURES .......... 2 IV. PRUDENCE .......................................................................................................... 2 V. AUTHORIZED INVESTMENTS ........................................................................ 3 V1. MATURITY AND LIQUIDITY .................... ....................................................... 3 VII. PERFORMANCE MEASURES ........................................................................... 4 VIII. PORTTOLIO COMPOSITION, RISK AND DIVERSIFICATION .................... 4 Ix. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS ................. 4 X. SAFEKEEPING AND CUSTODY ...................................................................... 5 xi. AGREEMENTS .................................................................................................... 5 XII. BID REQUIREMENTS ........................................................................................ 5 XIII. INTERNAL CONTROLS ...................................................................................... 6 XIV. REPORTING ........................................................................................................ 6 XV. CONTINUING EDUCATION ............................................................................. 6 OVERVIEWAND PURPOSE This policy applies to all cash and surplus funds of Indian River County except 1) debt proceeds and 2) monetary assets held by other entities on behalf of the County. Indian River County often has funds available in excess of those required to meet short- term expenses (surplus funds). It is in the best interest of the citizens of Indian River County that an investment policy be established to provide guidelines for the investment of those surplus funds in such a manner as to preserve the safety and liquidity of those funds and to provide a competitive return on investments consistent with proper safeguards for the handling of government funds. The investment policy must comply with all applicable State laws regarding investment of public monies. The purpose of this document is to provide the Clerk of the Circuit Court, who is responsible for the investment of County surplus funds, a set of procedures and guidelines for investment selection and monitoring of invested funds. Investment objectives, performance measurement, prudence and ethical standards, authorized investments, maturity and liquidity requirements, portfolio composition, risk and diversification, authorized investment institutions and dealers, third party custodial agreements, master repurchase agreements, bid requirements� internal controls, reporting and continuing education will be established by this investment policy and serve as the framework for all investment activities. II. OBJECTIVES The primary objectives of investment activities carried out by the Clerk shall be the following in order of importance: 1. To preserve capital in the overall portfolio and to maintain the safety of principal; 2. To remain sufficiently liquid to meet disbursement requirements that might be reasonably anticipated; and 3. To manage the investment portfolio to provide a competitive return consistent with objectives in Items I and 2 and other risk limitations described in this policy. The highest priority of all investment activities shall be the safety of principal and liquidity of funds. The optimization of investment returns shall be secondary to the requirements for safety and liquidity. P150 III. DELEGATION OFAUTHORITYAND OVERSIGHTPROCEDUKES The responsibility for conducting investment transactions rests with the Clerk of the Circuit Court. The Clerk may delegate the responsibility for day-to-day investment decisions to deputy clerks. Ile Finance Director will provide investment information to the Clerk concerning investment decisions made by deputy clerks managing the investments. 2. An Investment Advisory Committee consisting of the Clerk of the Circuit Court, the Finance Director, the County Administrator or his designee and at least two citizens selected by the Clerk shall meet regularly (at least quarterly) to evaluate investment performance of the County's investment portfolio, to evaluate current and future liquidity needs and investment strategy, and to prepare reports for the Board of County Commissioners. The Committee will recommend appropriate investment policies and procedures for all investment activities carried out by the Clerk. The Committee will perform an annual review of those investment policies and procedures. The Clerk may use professional money management to assist in the investment of County surplus funds consistent with this policy. If such management is employed they shall act in a co -fiduciary relationship with the Clerk to insure that ample liquidity is maintained to meet County cash flow requirements. Money managers are required to provide investment strategy reviews to the Investment Advisory Committee quarterly or more frequently if requested. Money managers shall provide portfolio valuations monthly or more frequently if requested. An outside consultant may be utilized to evaluate investment performance of outside money managers. Performance figures will be calculated net of all fees and commissions. The consultant will provide comparative performance analysis on money managers to the Investment Advisory Committee quarterly. Money managers' performance, calculated in accordance with the Chartered Financial Analysts (CFA) Institute's performance presentation standards, will be compared to standard benclunarks. IV. PRUDENCE The standard of prudence to be applied by the Clerk shall be the "Prudent Person Rule" which states, "Investments should be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affidrs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived from the investment." The Prudent Person Rule shall be applied in the context of managing the overall portfolio. The Clerk, in accordance with Section 218.415 of the Florida Statutes and County procedures, will exercise due diligence. The Clerk will follow these policies and. procedures. He will work with the Finance Director who will report to him any individual security's credit risk or market price change and recommend appropriate action be taken to control adverse developments. 2 V. AUTHORIZED INVESTMENTS Authorized surplus funds shall be subject to restrictions as may be imposed by law (Section 218.415 of Florida Statutes). Funds will only be invested in the following securities: 1. Direct obligations of the United States Treasury; 2. Any intergovernmental investment pool, with the exception of SBA pools, authorized pursuant to the Florida Intcriocal Cooperation Act as provided in FS 163.01. 3. Florida Local Government Investment Trust Fund (FLGIT); 4. Interest-bearing time deposits or savings accounts in qualified public depositories as defined in Section 280.02, Florida Statutes; 5. Federal agencies and instrumentalities; 6. Securities of, or other interests in, any open-end or closed-end management -type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a -I et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian; Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency; or 8. Repurchase agreements with a term of one (1) year of less collateralized by direct obligations of the United States Government which have maturities of three (3) years or less and a market value of 103% or more of the repurchase amount; 9. Derivatives (defined as a financial instrument the value of which depends on, or is derived from, the value of one or more underlying assets or index or asset values), reverse repurchase agreements, or similar forms of leverage are prohibited; 10. Premiums %vill not be paid for any investments. All investments will be purchased at par or at a discount. VI. MATURITYAND LIQUIDITY County investments shall be managed to maintain liquidity for meeting the County's need for cash and to limit potential market risks. To the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash flow requirements. P152 Vil. PERFORMANCE MEASURES The yield of the one-year Treasury at a constant, fixed maturity is established as the benchmark for investment of County funds. The actual performance of the portfolio may vary depending on changes in interest rates. Vill. PORTFOLIO COMPOSITION, RISKAND DIVERSIFICATION The following are the guidelines for investments and limits on security issues, issuers and maturities as established by the County. The Investment Advisory Committee shall have the option to further restrict or increase investment percentages from time to time based on market conditions. Purchases of investments based on bond covenant requirements shall not be included in the portfolio composition calculation. With the exception of United States Treasury Obligations, no more than 20% of the entire portfolio shall be invested in any one federal agency. No more than 10% of the portfolio may be placed in any one Qualified Public Depository (and collateralized in accordance with State requirements). In addition, no more than $6.5 million of the portfolio, including accrued interest, may be placed in certificates of deposit with any one financial institution. No more than 10% of the portfolio may be placed in any one money market fund, mutual fund, or intergovernmental investment pool. All investments must have stated maturities of ten (10) years or less and no more than 25% of the portfolio shall be invested in instruments with stated final maturities greater than five (5) years. The portfolio shall have securities with varying maturities and at least 10% of the portfolio shall be invested in readily available funds. IX AUTHORIZED INVESTMENTINSTITUTIONSAND DEALERS Purchases and sales of authorized investments will only be made through financial institutions that are qualified as public depositories by the Chief Financial Officer of the State of Florida or are "primary dealers" as designated by the Federal Reserve Bank of New York or are broker/dealers that qualify under Securities and Exchange Cominission Rule 150 (Uniform Net Capital Rule). The Investment Advisory Committee must approve all brokers and dealers who desire to transact trades with the County. All brokers and dealers who desire to transact trades with the County must provide the Finance Director with the following: A. Audited financial statements, B. Proof of Financial Industry Regulatory Authority certification, C. Proof of state registration, when required, and D. Certification of having read the County Investment Policy. Brokers and dealers who have been approved by the Investment Advisory Committee must provide annual audited financial statements to the Finance Director. The Investment Advisory Committee will annually review the list of approved institutions and brokers. 4 ----P153 X. SAFEKEEPING AND CUSTODY All securities purchased by the Clerk shall be properly designated as an asset of the County and held in safekeeping by a third parry custodial bank, chartered by the United States Government or the State of Florida, and no withdrawal of such securities, in whole or in part, shall be made from safekeeping except by the Finance Director or his designee. The Clerk will execute third party custodial agreements with banks. Such agreements will include details as to the responsibilities of each party, the costs to be home by each party, notification of security purchases, sales, delivery, repurchase agreements and wire transfers, safekeeping and transaction costs, and procedures in case of unforeseen mishaps. XI. A GREEMENTS The Clerk will execute bank and investment agreements. Such agreements will include details as to the responsibilities of each party, costs to be bome by each party, notification of wire transfers, and transaction costs. XII. BID REQUIREMENTS After the Finance Director has determined the approximate maturity date based on the cash flow needs and market conditions and has analyzed and selected one or more optimal types of investments, a minimum of three qualified brokers and/or dealers will be contacted and asked to provide bids on the securities in question. In most situations the competitive bid process shall be utilized, except when securities are purchased as an initial offering. The Finance Director will choose the appropriate brokers or dealers from among those on the approved broker/dealer list based on expertise, competitiveness and the ability to execute the transaction and deliver the securities on a timely basis. A minimum of three (3) bids will be obtained. 1. Bids will be held in confidence until the best bid is determined and awarded, 2. Documentation will be retained for all bids, with the winning bid clearly identified, 3. If for any reason the highest bid (on sales of investments) or the lowest bid (on purchases of investments) is not selected, then the reasons leading to that decision will be clearly documented, 4. If the maturing investment is a certificate of deposit, the present holder of the funds will be one of the contacts made, subject to the portfolio diversification requirements in this policy and the institutions' ability to maintain collateral. P154 X111. INTERNAL CONTROLS The Clerk shall adopt a written set of internal controls and operational procedures to be implemented by the Finance Director, which said controls are designed to protect the County's funds and ensure proper accounting and reporting of securities transactions. Such internal controls shall consist, at a minimum, of the following; 1. All securities purchased or sold will be transferred only under the "delivery versus payment" (DVP) method to ensure that funds or securities are not released until all criteria relating to the specific transaction are met; 2. The Clerk is authorized to accept, on behalf of and in the name of Indian River County, bank trust receipts or confirmations as evidence of actual delivery of the obligations or securities in return for investment of funds; and Trust receipts or confirmations shall fully describe the various obligations or securities held. The receipt or confirmation shall state that the investment is held in the name of Indian River County. 4. The written system of internal controls and operational procedures shall be approved by the Investment Advisory Committee and shall be subject to review by the external auditors as part of the annual financial audit. XIV. REPORTING Quarterly reports will be prepared disclosing current investments, the book value of all investments, earnings for the quarter, market values for all investments, purchases, sales, and maturities of investments and such other information as may be requested. Quarterly and annual reports concerning the investment activities, investment portfolio and performance will be submitted to the Investment Advisory Committee and placed on the consent agenda of the Board of County Commissioners. XV. CONTINUING EDUCATION Given the often complex and diverse nature of investments, and the importance of balancing the safety and liquidity of investments against the desire to maximize interest earnings, deputy clerks responsible for making investment decisions must annually complete sufficient continuing education as required by State law in subjects or courses of study related to investment practices and products. --P155 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27'� Street Vero Beach, FL 32960 TO: Board of County Commissioners FROM: Diane Bernardo, Soon to be Retired Finance Director THROUGH: Jeffrey R. Smith, Clerk of Court & Comptroller DATE: August 9, 2017 SUBJECT: Nationwide Service Administration Contract K At the June 6, 2017 Board meeting, the County Commissioners agreed to proceed with negotiations with Nationwide Retirement Solutions, Inc. (Nationwide). Attached please find a 5 -year contract (with two 2 - year renewals) between Indian River County and Nationwide to include: BOCC, Clerk of Court and Comptroller, Property Appraiser, Supervisor of Elections, and Tax Collector. The Sheriff elected to keep his existing plans. Of importance to note is: 0 Retention of 3.5% fixed income account • Bookkeeping fee of .25% (25bps) • Selection of best in class investment funds, selected by the 457 committee on June 9, 2017, which will result in lower fund fees • Notices to active participants about the consolidation of providers sent via email and in each offices' newsletter • Notices sent to home addresses to both active and retired participants of all three providers (Florida League, ICMA, Nationwide) regarding the consolidation process • Notices to ICMA Roth -IRA active participants sent to home addresses regarding a change in making contributions • Nationwide received participant files (names and addresses) from ICMA and Florida League and will merge with Nationwide participant files for one database. From this database, Nationwide will be sending another letter to all participants on or before August 18, 2017 explaining the fund mapping and lineup, blackout dates for ICMA and Florida League participants, and a date to access on-line Nationwide accounts. • Weekly progress meeting by Nationwide's transition team and we are on target for a completion date of November 10, 2017 • An in-service employee meeting with Nationwide executive/staff targeting the importance of saving for retirement has occurred with the Clerk, resulting in 19 new enrollees • An in-service employee meeting with Nationwide and Tax Collector, Property Appraiser and Supervisor of Elections will occur on October 9th • Mark Schilling, our Nationwide representative, will be available for sign up and to answer questions during open enrollment August 23-25 Nationwide Service Administration Contract Page 2 In addition to approving the administrative services contract, we are also requesting a change to our ordinance. Our current ordinance reads: Section 104.05. - Deferred compensation. Deferred compensation plans are available through ICMA Retirement Corporation, Nationwide Retirement Solutions, Inc., Mass Mutual, Hartford Life Insurance Companies, and John Hancock Financial Services on an optional basis to employees. This program is supplemental to a retirement income and it provides for a tax deferral on income contributed to the plan. For those employees working under the direction of the Board of County Commissioners, the director or manager of human resources shall approve and administer these plans and make determinations required by Section 112.215(6)(b), Florida Statutes. For those employees working under the direction of a constitutional officer, each constitutional officer shall designate an individual responsible for making determinations as required by the aforesaid statute. Our suggestion to the ordinance is: Section 104.05. - Deferred compensation. A deferred compensation plan is offered on an optional basis to employees. The primary purpose of the deferred compensation plan is to provide employees the opportunity to defer and invest a portion of their compensation to the plan, helping to supplement retirement income. It also provides for a tax deferral on income contributed to the plan. For those employees working under the direction of the Board of County Commissioners, the Director or Manager of Human Resources shall approve and administer the plan and make determinations required by Section 112.215(6)(b), Florida Statutes. For those employees working under the direction of a constitutional officer, each constitutional officer shall designate an individual responsible for making determinations as required by the aforesaid statute. Each constitutional officer may elect to participate in the deferred compensation plan established by the Board of County Commissioners, participate in a separate plan, or elect not to offer a plan to their employees. The designated representatives from the Board of County Commissioners and the constitutional officers electing to participate in a common plan will comprise a committee and will meet as necessary to approve and administer the plan and make determinations required by Section 112.215(6)(b), Florida Statutes. RECOMMENDATION Staff recommends: 1. Approve the Nationwide Services Agreement with a term of five years with two optional 2 -year extensions. 2. Give approval to the attorney's office to schedule a public hearing revising Section 104.05 Deferred Compensation of the Indian River County Code of Ordinances. ADMINISTRATIVE SERVICES AGREEMENT FOR THE GOVERNMENTAL 457(b) DEFERRED COMPENSATION PLAN OF INDIAN RIVER COUNTY This Administrative Services Agreement ("Agreement") is effective on the date written below by and between Nationwide Retirement Solutions, Inc., a Delaware corporation and an affiliate and subsidiary of Nationwide Financial Services, Inc. (collectively referred to as "Nationwide"), and Indian River County, the Plan Sponsor (hereinafter "Plan Sponsor"). WHEREAS, Plan Sponsor, pursuant to and in compliance with the Internal Revenue Code of 1986, as amended (hereinafter referred to as the "Code"), established and sponsors a Section 457(b) Plan (hereinafter the "Plan"); WHEREAS, Plan Sponsor has adopted and established for itself, its employees, and any special districts governed by the Indian River Board of County Commissioners, the Tax Collector, the Clerk of Courts, the Property Appraiser, the Supervisor of Elections and their respective employees a deferred compensation program, WHEREAS, the Plan Sponsor desires to -have Nationwide perform the non -discretionary recordkeeping and administrative services for the Plan described in this Agreement (hereinafter referred to as "Administrative Services"); and WHEREAS, Nationwide desires to provide such Administrative Services subject to the terms and conditions set forth in this Agreement. NOW THEREFORE, Nationwide and Plan Sponsor desire to enter into this Agreement and abide by the terms therein. 1. DESIGNATION Plan Sponsor designates Nationwide as Plan Sponsor's non -discretionary provider of Administrative Services for the Plan in accordance with the terms of this Agreement. 2. APPOINTMENTS AND RESPONSIBILITIES Plan Sponsor: Plan Sponsor is responsible for maintaining the Plan and for maintaining the tax -qualified status of the Plan. Plan Sponsor represents and warrants that the Plan has been properly adopted and established in accordance with any applicable state or local laws or regulations governing the Plan Sponsor's ability to sponsor the Plan. Plan Sponsor warrants that the Plan was established, and will be maintained by Plan Sponsor, in accordance with the provisions of Section 457(b) of the Code, Plan Sponsor further acknowledges and agrees the Plan Sponsor is an eligible governmental employer as defined by Section 457(e)(1)(A) of the Code. Plan Sponsor hereby appoints Nationwide to act as the Plan Sponsor's provider of Administrative Services for the Plan. Any duties or services not specifically described herein as being provided by Nationwide are the responsibility of the Plan Sponsor, unless specifically delegated to Nationwide in the Plan document. P158 Nationwide: Nationwide will serve Plan Sponsor, in a non -fiduciary capacity, as the provider of Administrative Services for the Plan Sponsor with respect to the Plan. Nationwide does not exercise any discretionary control or authority over the Plan or the assets of the Plan, and this Agreement does not require Nationwide to do so. Nationwide agrees to perform all Administrative Services for the Plan Sponsor with respect to the Plan as described in this Agreement. This Agreement does not require, nor shall this Agreement be construed as requiring, Nationwide to provide investment, legal, or tax advice to the Plan Sponsor or to the parficipants of the Plan. 3. TERM The Agreement term shall be for an initial period of five (5) years with two (2) consecutive two (2) year renewals thereafter, commencing on August 15, 2017 and ending August 14, 2022 unless sooner terminated by one or both of the parties pursuant to Section 8 of this Agreement. 4. COMPENSATION A. Nationwide will be entitled to compensation for performance of the Administrative Services for the Plan under this Agreement. Unless otherwise specified such compensation will be in the form of payments made by Nationwide's affiliates or unaffiliated companies that are providing products and/or services under their separate arrangements, as described in the following subsection. B. The Plan Sponsor acknowledges that Nationwide and its affiliates receive payments in connection with the sale and servicing of investments allocated to participant Plan accounts ("Investment Option Payments"). In addition to the foregoing, the parties acknowledge and agree that Nationwide may receive revenue associated with annuity contracts, revenue from mutual fund providers, as well as fees associated with specific services or products. The Investment Option Payments include mutual fund payments, which are described in detail at www.nrsforu.com, and other payments received from investment option providers. Nationwide agrees to credit all Investment Option Payments to participant accounts on a quarterly basis. The Investment Option Payments shall be credited to participant accounts on a pro -rata basis based on each participant's total assets held in all Plan investment options that generate the Investment Option Payments. C. As compensation for the Administrative Services provided by Nationwide pursuant to this Agreement, Plan Sponsor and Nationwide agree that Nationwide shall be entitled to an annualized compensation requirement of 0.25% (25 basis points) of the Plan's account value held by Nationwide ("Compensation Requirement") per year to be calculated and collected according to Nationwide's standard business practices. In calculating the 25 basis points, the total Plan assets will include Plan balances held in the Self -Directed Brokerage Account and as outstanding participant loan balances. The explicit asset management charge of .25% will be taken against participant loans by applying an additional finance charge to the loan interest rate. D. Nationwide will provide the Plan Sponsor a quarterly report showing total participant account balances and the corresponding fee calculation within thirty (30) business days after the end of each quarter. 2- P159 E. The Plan Sponsor acknowledges that it has received all information about compensation paid to Nationwide as the Plan Sponsor has reasonably requested and has determined that the total amount of compensation paid to Nationwide as described in this Section 4 is reasonable and appropriate for the services provided. To the extent offered under the Plan, in addition to the above described fees, Nationwide shall also receive fees with respect to a participant's use of participant loan administration, the Self -Directed Brokerage Account ("SDBA"), and Nationwide's managed account service ("ProAccount") as follows: 1) Loans- If requested by the Plan Sponsor and permitted under the terms of the Plan, Nationwide will assist the Plan Sponsor in processing participant loan requests pursuant to participant loan administrative procedures approved by the Plan Sponsor and Nationwide. All participant loan fees are governed by Nationwide's Plan Loan Procedures document, a copy of which has been provided to the Plan Sponsor. 2) Self -Directed Brokerage Account (SDBA) — The Plan offers an SDBA investment option for qualifying participants in the Plan. Initial and annual administrative fees may be charged as outlined in the separate fee agreement for the SDBA that will be provided to each participant by the SDBA provider. 3) Managed account services (Nationwide ProAccount) - Managed account services are offered by Nationwide Investment Advisors ("NIA"), an affiliate of Nationwide, and the Plan Sponsor must execute a separate agreement with NIA if the Plan Sponsor wants to add ProAccount to the Plan. Only participants who choose to utilize Nationwide's ProAccount managed account service are assessed fees. Such fees are authorized in a separate ProAccount agreement between the participant and NIA, and are assessed pursuant to the terms and conditions of such agreement. Fees related to participant loans, the SDBA and Nationwide ProAccount are in addition to the Compensation Requirement for Administrative Services as provided in this Agreement. G. Plan Sponsor may request Nationwide and/or its affiliates to provide additional services not described in this Agreement by making such a request in writing, which Nationwide may decide to perform for compensation to be negotiated by the parties prior to the commencement of the additional services. 5. INVESTMENT OPTIONS Nationwide agrees to accept contributions to the Plan for investment in the investment options selected for the Plan by the Plan Sponsor or other responsible plan fiduciary in its sole discretion and agreed to by Nationwide. Plan Sponsor agrees to accept the terms and conditions of the annuity contracts, mutual funds, and any other investment products selected for the Plan after being provided with a copy of same. 6. ADMINISTRATION SERVICES A. PLAN DOCUMENTS 3 - P160 1) Nationwide will provide the Plan Sponsor with a Plan Document which has been designed to comply with the requirements of Section 457(b) of the Code. The Adoption Agreement and Plan Document will be prepared by Nationwide at the direction of the Plan Sponsor and with the understanding that it will be reviewed by the Plan Sponsor and the Plan Sponsor's tax and legal advisors prior to execution. Nationwide does not provide tax or legal advice. Plan Sponsor agrees to provide Nationwide with executed copies of the Adoption Agreement and any other related Plan documentation as requested by Nationwide. 2) When directed by the Plan Sponsor, or at such other times as it may determine, Nationwide will prepare and provide draft Plan amendments for review and approval by the Plan Sponsor. Such Plan amendments may include changes required to keep the Plan Document in compliance with the Code as the result of changes in federal law that affect the Plan. The Plan Sponsor will remain responsible for the accuracy and timely adoption of any Plan amendments. The Plan Sponsor is responsible for properly executing and retaining such documents and agrees to provide Nationwide with executed copies of same. 3) Nationwide will prepare the Adoption Agreement for review by the Plan Sponsor utilizing information and representations provided by the Plan Sponsor, which information and representations may include Plan provisions found in the prior Plan documents not prepared by Nationwide. Plan Sponsor acknowledges that: a) The accuracy and completeness of the information and representations in the Adoption Agreement prepared by Nationwide, which determine the Plan's provisions used by Nationwide to administer the Plan, are the sole responsibility of the Plan Sponsor. b) Nationwide does not review prior Plan documents to ensure that all required amendments or restatements were properly and timely made, or that any of the prior Plan provisions are in compliance with applicable laws and regulations. The restatement of the Plan Sponsor's Plan onto a Nationwide Specimen Plan document (sample plan document) does not retroactively correct any Plan documentary or operational errors that may have occurred prior to the date Administrative Services are provided by Nationwide. B. PARTICIPANT ENROLLMENT AND COMMUNICATION/EDUCATION SERVICES Nationwide agrees to establish an account for each Plan participant, beneficiary and alternate payee (for purposes of this Agreement only, hereinafter referred to as "participants"). For each such account, Nationwide will record and maintain the following information, provided Nationwide is provided with same: (a) name; (b) Social Security number; (c) mailing address; (d) date of birth; (e) current investment allocation direction; (f) contributions allocated and invested; -4- P161 (g) investment transfers; (h) benefit payments; current account balance; transaction history since funding under the Agreement; (k) contTibutions since funding under the Agreement; (1) e-mail address; (m) beneficiary designation; (n) benefit tax withholding information; and (o) such other information as agreed upon by the Plan Sponsor and Nationwide. Nationwide will post and credit the amounts transmitted by the Plan Sponsor to the accounts of Plan participants in accordance with the latest instructions from participants or the Plan Sponsor (as applicable) on file with Nationwide, which instructions can include direction via electronic sources such as the website or the interactive voice response system. Nationwide agrees to process the enrollment of employees eligible to participate in the Plan as determined by the Plan Sponsor. Nationwide also agrees to conduct enrollment meetings with Plan Sponsor's employees in such number and manner as determined by the parties. The Plan Sponsor agrees to allow and facilitate the periodic distribution of materials to Plan participants at the time and in the manner determined by the Plan Sponsor; provided however, that all reasonable expenses associated with such distribution shall be paid by Nationwide. The Plan Sponsor further agrees to allow and facilitate the periodic distribution to its employees of materials prepared by Nationwide regarding products and services offered by Nationwide, or its affiliates, which Nationwide reasonably believes would be beneficial to such Plan participants. C. PLAN CONTRIBUTIONS Plan Sponsor agrees to send all Plan contributions to Nationwide on a timely basis that is in compliance with all applicable legal requirements. Nationwide agrees to post funds received as contributions to the Plan in accordance with the separate funding agreements between Plan Sponsor and Nationwide or any of its affiliates when received from the Plan Sponsor in good order by Nationwide. The term "in good order," as used in this Agreement, means the receipt of required information by Nationwide, in a form deemed reasonably acceptable to Nationwide, with respect to the processing of a request or the completion of a task by Nationwide that reasonably requires information from a third -party. More specifically, Plan contributions and contribution allocation information must meet all of the following requirements in order to be deemed to be in good order: I All records must include the correct and complete participant name, Social Security number, and the amount to be credited to the participant's account(s); 2) The source of funds must be identified (e.g., 457(b) salary reduction, employer contribution); 3) The Plan name and Plan number must be clearly identified; 4) Both the participant allocation detail and the total contribution amount must be received, and these two totals must match each other; and 5- P162 5) All participants making or receiving a contribution must have an active account in the Plan. Funds may be sent by wire transfer, through an automated clearinghouse or by check in accordance with written instructions provided by Nationwide. Failure to follow the written instructions provided by Nationwide may result in delay of posting to participant accounts. All contribution allocation information with respect to participant accounts will be provided to Nationwide in a mutually agreed upon format. If Nationwide makes a determination that the contribution or allocation detail is not in good order, Nationwide shall notify the Plan Sponsor of such determination upon discovery. After such notification, the parties will continue to try to resolve the not in good order status, but if resolution is not achieved, Nationwide shall return the funds to the Plan Sponsor within thirty (30) Business Days. Nationwide will not be liable for any delay in posting if the Plan Sponsor fails to send the funds representing contribution amounts or contribution allocation information in accordance with Nationwide's instructions to the central processing site designated by Nationwide, or for any delay in posting that results from the receipt of ftinds and/or contribution allocation that Nationwide determines to be not in good order. As used in this Agreement, the term "Business Day" means each Monday through Friday during the hours the New York Stock Exchange is open for business. No transactions can be completed on any Business Day after such time as the New York Stock Exchange closes. The Plan Sponsor shall, upon request, timely provide all information required by Nationwide to perform its services to the Plan as described in this Agreement. The Plan Sponsor shall be responsible for ensuring that the provided information is accurate and complete. Nationwide shall be entitled to rely exclusively on the information provided by the Plan Sponsor or the Plan Sponsor's advisors, whether oral (which shall be confirmed in writing), or in writing, and will have no responsibility to independently verify the accuracy of that information. The Plan Sponsor acknowledges that inaccurate and/or late information could result in tax penalties and/or participantfbeneficiary legal claims. Nationwide assumes no responsibility for, and shall not have any liability for, any consequences that result from Nationwide's inability to complete its work in the ordinary course of its business due to the failure of the Plan Sponsor to provide accurate and timely information to Nationwide. The Plan Sponsor is responsible for providing updated information regarding Plan participants requested by Nationwide that the Plan Sponsor and Nationwide mutually agree is necessary for Nationwide to perform the Administrative Services to the Plan Sponsor under this Agreement. Plan Sponsor is responsible for all maximum deferral limit testing D. SERVICES WITH RESPECT TO PARTICIPANT PLAN ACCOUNTS I Nationwide will provide a secure Internet site that complies with applicable data protection and privacy laws. Using this site, participants may: (i) obtain information regarding their accounts, and (ii) conduct certain routine transactions with respect to their accounts. The Plan Sponsor authorizes Nationwide to honor instructions regarding such transactions that may be submitted by a participant using the secure 51 P163 Internet site. Nationwide shall implement reasonable physical and technical safeguards to protect personal information made available on its Internet site. Nationwide shall establish safeguards that are no less rigorous than generally accepted industry practices. 2) Participants will have the unlimited ability to increase (within the limitations of Section 457(b) of the Code) or decrease contributions to the Plan. All requests to increase or decrease contribution amounts will be processed by Nationwide within five (5) Business Days of receipt of the request, but cannot be effective until the later of (1) the first of the calendar month following the month in which the contribution change was requested, and (2) the date the contribution change can be processed by the Plan Sponsor given Plan Sponsor's payroll processing schedule. 3) Participants will have the ability to exchange existing account balances, in full or in part, and to redirect future contributions from one investment option offered by the Plan to another on any Business Day, subject to Nationwide policies and any applicable restrictions or penalties applied by the investment options. 4) Participants will receive consolidated quarterly statements detailing their account activity and account balances for the Plan. Participants shall be informed, via their statements, that they must notify Nationwide of any errors within forty-five (45) days of receipt of their statements or confirmation of their investments. Nationwide will not be liable for any errors not reported within this time frame. 5) Nationwide agrees to deliver account statements (by U.S. mail or electronically) to participants within thirty (30) calendar days after the end of each calendar quarter. This timeframe is contingent upon Nationwide receiving fund returns from the mutual fund providers within four (4) Business Days after the end of each quarter. If Nationwide does not receive this information with four (4) Business Days then account statements may be correspondingly delayed and will be delivered as soon as administratively feasible. 6) Nationwide agrees to provide reports to the Plan Sponsor within thirty (30) days following the end of each calendar year quarterly reporting period (March 3 1, June 30, September 30, and December 3 1) summarizing the following: a) All participant activity that transpired during the reporting period; b) Total contributions allocated to each investment or insurance option under the Plan; and c) Total withdrawals by participant. This report shall include the amount, type and date of withdrawal. 7) Nationwide agrees to maintain, for a reasonable amount of time, the records necessary to produce any required reports. Plan Sponsor agrees that all related paper and electronic records shall remain the property of Nationwide. E. DISTRIBUTIONS -7- P164 1) Nationwide shall make all distributions as directed by a Plan participant or the Plan Sponsor, in accordance with the plan document. All distributions will be made pro -rata. from each of the participant's investment options and money sources unless directed otherwise by the participant. Participants are responsible for selecting a form of payment from those available under the terms of the Plan and making all other elections regarding available distribution options, such as rollover elections. 2) Nationwide shall furnish each participant, who has received a benefit payment, tax reporting forms in the manner and time prescribed by federal and state law. Plan Sponsor shall be responsible for all tax reporting requirements for periods prior to the effective date of this Agreement, or after the termination date of this Agreement, unless otherwise agreed to in writing by the parties to this Agreement. 3) To the extent required by federal and state law, Nationwide will calculate and withhold from each benefit payment federal and state income taxes. Nationwide will report such withholding to the federal and state governments as required by applicable law. Plan Sponsor shall be responsible for all tax reporting requirements for periods prior to the effective date ofthis Agreement, or after the termination date of this Agreement, unless otherwise agreed to in writing by the parties to this Agreement. 4) Nationwide will provide notice and a distribution form to each participant attaining age 701/2or older in the current calendar year. The notice will inform the participant that required minimum distributions must begin no later than the April I of the calendar year following the later of attainment of age 701/2or retirement. All required minimum distributions will be made in accordance with the plan document. 5) Nationwide shall administer participant and beneficiary unclaimed property funds, including but not limited to uncashed distribution checks and death claims, in accordance with Nationwide's standard unclaimed property procedures. F. QUALIFIED DOMESTIC RELATIONS ORDERS (QDROS) If the Plan accepts Qualified Domestic Relations Orders (hereinafter "QDROs"), the Plan Sponsor directs Nationwide to process QDROs in accordance with Nationwide's standard QDRO procedures, and the Plan Sponsor hereby approves the use of such standard QDRO procedures. G. UNFORESEEABLE EMERGENCY WITHDRAWALS If the Plan offers unforeseeable emergency witbdrawals, the Plan Sponsor instructs Nationwide to process all unforeseeable emergency withdrawal requests received in good order, and in a manner satisfactory to Nationwide. Withdrawals will only be permitted due to an unforeseeable emergency resulting in a severe financial hardship to the participant or beneficiary that cannot be alleviated by any other means available to the participant, in accordance with Nationwide's standard unforeseeable emergency procedures. Plan Sponsor hereby approves the use of such standard unforeseeable emergency procedures to make these determinations. 7. PARTICIPANT SERVICES A. WEBSITE -8- P165 Nationwide will create and maintain a website for and on behalf of the Plan Sponsor for the use of its participants. Participants may access the website via the internet at www.nrsforu.com to review and make changes to their accounts. The website is the exclusive property of Nationwide. The website is available twenty-four (24) hours a day, except for routine maintenance of the system. B. INTERACTIVE VOICE RESPONSE SYSTEM Nationwide shall provide an interactive voice response (IVR) toll free telephone number, which shall be operative twenty-four (24) hours per day, seven (7) days per week, except for routine maintenance of the system. Nationwide shall provide a system that allows Participants to conduct routine plan transactions and obtain account balance information through the IVR. The Plan Sponsor authorizes Nationwide to honor participant instructions, which may be submitted using the toll-free number, either through the IVR or a live representative. C. CUSTOMER SERVICE Nationwide's customer service representatives will be available toll-free to answer participant questions and process applicable transactions between the hours of 8:00 a.m. and 11:00 p.m. Eastern Time each Monday through Friday, and between the hours of 9:00 a.m. and 6:00 p.m. Eastern Time each Saturday, with the exception of certain holidays as dictated by the New York Stock Exchange holiday trading schedule. Either the Plan Sponsor or Nationwide may terminate this Agreement for any reason upon providing one -hundred and twenty (120) days written notice to the other party. Provision of such written notice of termination by Plan Sponsor to Nationwide does not relieve the Plan Sponsor of any termination requirements that may be associated with specific investment options, not does it relieve Plan Sponsor of any termination requirements associated with those investment options. Plan Sponsor further acknowledges and agrees that the Plan is responsible for any investment product liquidation fees, if applicable, and that neither Nationwide nor any of its affiliates assumes liability for any such fees. Upon the effective date of termination of this Agreement the following shall occur: A. Nationwide will no longer accept contributions to the Plan except by mutual agreement of the parties. B. Nationwide will 1) Provide Plan Sponsor, or such other entity as the Plan Sponsor may designate in writing, with a copy of all participant records in an electronic fonnat as mutually agreed upon between Nationwide and Plan Sponsor, within sixty (60) days after the effective date of the termination. Ze P166 2) Transfer any periodic distribution amounts and schedules, continuing loan repayments, or other ongoing participant transactional activity to the Plan Sponsor, or such other entity as the Plan Sponsor may designate in writing, in accordance with the time frame described above for the delivery of participant records. 3) Transfer all Plan assets under its control to the Plan Sponsor or to such other entity as the Plan Sponsor may designate in writing. Nationwide agrees to provide a final accounting of all Plan assets for which Nationwide provides recordkeeping. If the Plan is not funded within one -hundred and eighty (180) days of the date this Agreement signed by the parties, Nationwide reserves the right to terminate the Agreement by providing written notice of the termination to Plan Sponsor. 9. DEFAULT In the event either party fails to perform any or all of its obligations as defined in this Agreement, the non -defaulting party shall give the defaulting party written notice, specifying the particulars of the default. If such default is not cured within sixty (60) days from the date in which notice of default is given, the non -defaulting party may terminate the Agreement in accordance with Section 8 of this Agreement. 10. ASSIGNABILITY No party to this Agreement shall assign this Agreement without the express written consent of the other party, which consent shall not be unreasonably withheld. Unless agreed to by the parties, no such assignment shall relieve any party to this Agreement of any duties or responsibilities herein. 11. CONFIDENTIALITY Nationwide agrees to maintain all information obtained from or related to all Plan participants as confidential. The Plan Sponsor and Nationwide agree that Nationwide, its officers, employees, brokers, registered representatives, affiliates, vendors and professional advisors (such as attorneys, accountants and actuaries) may use and disclose Plan and participant information only to enable or assist it in the performance of its duties under this Agreement and with other Plan -related activities, and the Plan Sponsor expressly authorizes Nationwide to disclose Plan and participant information to its agents and/or broker of record on file with Nationwide. Notwithstanding anything to the contrary contained in this Agreement, it is expressly understood that Nationwide retains the right to use any and all information in its possession in connection with its defense and/or prosecution of any litigation which may arise in connection with this Agreement, the investment arrangement funding the Plan, or the Plan; provided, however, in no event will Nationwide release any information to any person or entity except as permitted by applicable law. This Section I I will survive the termination for any reason of this Agreement. 12. CIRCUMSTANCES EXCUSING PERFORMANCE Neither party to this Agreement shall be in default by reason of failure to perform in accordance with its terms if such failure arises out of causes beyond their reasonable control and without fault or negligence on their part. Such causes may include, but are not limited to, Acts of God or public _10- P167 enemy, acts of the government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine or restrictions, freight embargoes, and unusually severe weather. Neitherparty shall be responsible for performing all orany portion of the services contemplated by this Agreement that are precluded by the foregoing events for such period of time as the Plan Sponsor or Nationwide are prevented from performing such services in the normal course of business. Neither Nationwide nor the Plan Sponsor shall be liable for lost profits, losses, damage or injury, including without limitation, special or consequential damages, resulting in whole or in part from the foregoing events. "Acts of God" are defined as acts, events, happenings or occurrences due exclusively to natural causes and inevitable accident or disaster, exclusive from all human intervention. 13. INDEMNIFICATION 14. Nationwide agrees to indemnify, defend and hold harmless the Plan Sponsor, its officers, directors, agents, and employees from and against any loss, damage or liability assessed against the Plan Sponsor or incurred by the Plan Sponsor arising out of or in connection with any claim, action, or suit brought or asserted against the Plan Sponsor alleging or involving Nationwide's non- performance of the provisions of this Agreement under Nationwide's exclusive control, or negligence or willful misconduct in the performance of its services, duties and obligations under this Agreement. In addition, Nationwide represents, warrants and covenants that the indemnification in this paragraph is enforceable under applicable law and that Nationwide will not assert a position contrary to such representation in any judicial or administrative proceeding. The Plan Sponsor agrees to the extent permitted and to the limits set forth in Section 768.28 of the Florida Statute, to indemnify, defend and hold harmless Nationwide, its officers, directors, agents, and employees from and against any loss, damage or liability assessed against Nationwide or incurred by Nationwide arising out of or in connection with any claim, action, or suit brought or asserted against Nationwide alleging or involving the Plan Sponsor's non-performance of the provisions of this Agreement under the Plan Sponsor's exclusive control, or negligence or willful misconduct in the performance of its duties and obligations under this Agreement. In addition, the Plan Sponsor represents, warrants and covenants to the extent permitted and to the limits set forth in Section 768.28 of the Florida Statute, that the indemnification in this paragraph is enforceable under applicable law and that Plan Sponsor will not assert a position contrary to such representation in any judicial or administrative proceeding. This Agreement is binding upon and shall inure to the benefit of the successors and assigns of Nationwide and the Plan Sponsor. The Plan and Plan participants are not parties to this Agreement, and Nationwide has no contractual obligations to the Plan or Plan participants. This Agreement shall be enforceable only by the parties, not by Plan participants or other third parties, and is intended to create no third party beneficiaries. 15. PRIVITY OF CONTRACT Plan Sponsor acknowledges and agrees that Nationwide and Plan participants shall have no privity of contract with each other. -]I- P168 16. APPLICABLE LAW AND VENUE The laws of the state in which the Plan Sponsor is located shall govern the rights and obligations of the parties under this Agreement without regard to choice of law or venue principles. The sole, exclusive, and mandatory venue for any disputes arising from or concerning this Agreement shall be in the state courts located in Indian River County, Florida or, if in federal court, the United States District Court for the Southern District of Florida. 17. MODIFICATION This writing is intended both as the final expression of the Agreement between the parties and as a complete statement of the terms of the Agreement. Notwithstanding anything contained herein to the contrary, this Agreement may be amended from time to time and as mutually agreed upon by the parties. Except as otherwise provided herein, no modification of this Agreement shall be effective unless and until such modification is evidenced by a writing signed by both parties. Notwithstanding the above, if Nationwide determines that an amendment to this Agreement is necessary that affects more than one plan sponsor and this change is communicated in writing to all affected plan sponsors, Nationwide reserves the right to implement the amendment on a prospective basis for any Plan whose plan sponsor fails to respond, within 60 days, to the request for written approval of the amendment in a timely fashion. Plan Sponsor hereby approves all such amendments unless a proper and timely response is made to Nationwide in regard to any Agreement modification communicated to Plan Sponsor. 18. NO WAIVER The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver of that provision or of any other provision in this Agreement and either party may, at any time, enforce the provision previously unenforced, unless a modification to this Agreement has been executed that affects the provision previously unenforced. 19. SEVERABILITY Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction where performance is required shall be ineffective to the extent such provision is prohibited or unenforceable without invalidating the remaining provisions, and any such prohibition or unenforceable provision in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction. 20. AUTHORIZED PERSONS The Plan Sponsor will furnish a list to Nationwide (and from time to time whenever there are changes therein) of the individuals authorized to transmit instruction to Nationwide concerning the Plan and/or assets in the account, and written direction regarding the form of such instructions. 21. COMPLIANCE WITH LAWS Both the Plan Sponsor and Nationwide agree to comply, in their respective roles under this Agreement, in all material respects with all applicable federal laws and regulations as they affect the Plan and the administration thereof. Nothing contained herein shall be construed to prohibit - 12- P169 either party from performing any actor not performing any act as either maybe required by statute, court decision, or other authority having jurisdiction thereof. 22. SURVIVAL OF REPRESENTATIONS, WARRANTIES AND INDEMNITY Notwithstanding anythingto the contrary, any representations and warranties contained herein shall survive termination of this Agreement for the full period of any applicable statute of limitations that may apply to this Agreement. Further, the party making any representation or warranty shall notify the other party in writing within five (5) business days of any representation or warranty that is no longer valid. Notwithstanding anything to the contrary, any indemnity provisions contained herein shall survive the termination of this Agreement for the full period of any applicable statute of limitations that may apply to this Agreement. 23. ATTORNEYS'FEES Each parry agrees that in the event of a claim, arbitration, or lawsuit filed by a party to this Agreement, each party shall be responsible for its own attorneys' fees and/or any costs or expenses related to the bringing or defense of any such claim, arbitration, or lawsuit. 24. HEADINGS The headings of articles, paragraphs, and sections in this Agreement are included for convenience only and shall not be considered by either party in construing the meaning of this Agreement. 25. NOTICES All notices and demands to be given under this Agreement by one party to another shall be given by certified or United States mail, addressed to the party to be notified or upon whom a demand is being made, at the addresses set forth in this Agreement or such other place as either party may, from time to time, designate in writing to the other party. Notice shall be deemed received on the earlier of three (3) Business Days from the date of mailing, or the day the notice is actually received by the party to whom the notice was sent. If to Nationwide: Nationwide Retirement Solutions, Inc. 10 W. Nationwide Blvd., 05-04-10 1 A Columbus, Ohio 43215 If to Plan Sponsor: IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the day of 20—. 13 - Pilo The Plan Sponsor represents and warrants they are an employer eligible to adopt a governmental plan as defined by Section 457(e)(1)(A) of the Internal Revenue Code of 1986, as amended (check one below): _(A) State of (including Commonwealth) — (B) political subdivision of the State or Commonwealth of — agency of (A) or (B): — instrumentality of (A) or (B): Nationwide Retirement Solutions, Inc. Indian River County Plan Sponsor By: — Name: Title: Date: By: — Name: Title: Date: -14- P171 CONSENT AGENDA August 15, 2017 1� INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 7, 2017 SUBJECT: Out of State Travel to Washington, D.C. Related to All Aboard Florida (Brightline) FROM: Dori Roy Assistant to the County Administrator Out of state travel is requested for Commissioners and/or staff to attend meetings, sessions, or hearings in, Washington, D.C. as determined necessary in relation to All Aboard Florida (alka Brightline). P172 Dylan Reingold., County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Office of Consent-,�genda 08115117 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners ATTORNEY THROUGH: Richard B. Szpyrka, P. E., Public Works Director FROM: William K. DeBraal, Deputy County Attorneya–V-1 DATE: August 9, 2017 17L, SUBJECT: Purchase of Right -of -Way from Lockwood Lane Development Group, LLC for 27th Avenue/17th Street SW Intersection Improvements The County and the developers of the Millstone Landing subdivisions entered into a series of agreements and amendments for the construction of site related improvements required by the project, including construction of 17th Street SW along Millstone's northern border. Most of the needed right-of-way for 17th Street SW was dedicated to the County by the owners of the Millstone Landing project, but in order to provide the necessary turn lanes for the 17th S treet SW/27th Avenue intersection, additional property was needed from Lockwood Lane De-velopment Group, LLC, (Lockwood) Millstone's neighboring property owner to the north. Lockwood owns the 17.9 acre parcel located at the northwest corner of the 17th Street SW/27th Avenue intersection. (See Exhibit A accompanying this memorandum.) The property is zoned PD Residential and unimproved with no existing structures. Staff contacted Lockwood about obtaining the needed 0.61 acres of property along 27th Avenue and 17th Street SW as depicted by the sketch and legal description attached as Exhibit B. Construction of the 17th Street SW/27th Avenue intersection will be a direct benefit to Lockwood when its property is developed. If the County would not be able to obtain all of the right-of-way needed for the complete intersection, Millstone would still be required to build the intersection, but without the turn lanes. In that case ' Lockwood would be required to construct the turn lanes to complete the intersection as a site related improvement with its project. Lockwood recognized that the complete 17th Street SW/27th Avenue intersection would be a benefit to its future project and recognized the benefit of having the turn lanes built in advance of its project by another developer. Thus, Lockwood has agreed to dedicate to the County the 0.61 acres of right-of-way needed in exchange for the construction of Ahe complete 171h Street SW/27th Avenue intersection. P173 Lockwood 17th Street SW right-of-way parcel August 9, 2017 Page 2 Funding: There is no impact to County funds with this Agreement, as the County will not expend funds to purchase the right-of-way or expend funds to construct the intersection improvements. Recommendafion: Staff —recom—m-e-nds- the- board -app rove- -the Agreement to Purchase and Sell Real Estate between Indian River County and Lockwood Lane Acquisition Group, LLC for the right-of-way for the 17th Street SW/27th Avenue intersection and authorize the Chairman to execute any documents necessary to close the purchase of the property. Attachments: Attachments A and B Agreement to Purchase and Sell Real Estate between Indian River County and Lockwood Lane Acquisition Group, LLC Copies to: Bruce Barkett, Esq. Attorney for Lockwood Richard B. Szpyrka, P.E., Public Works Director Monique Filipiak, Land Acquisition Agent P174 Indian River County, Florida Property Appraiser dIN MRn Page I of I Rd!Lt I Back =EX FH I B I T _'SS Indian River�County GIS Parce]]I) OwnerName PropertyAddress 33392700001016000002.0 LOCKWOOD LAND DEVELOPNIENT 17TH ST SW VERO BEACH, GROUPLLC FL 32968 M http://www-ircpa.org/PrintMap.aspx 8/4/2017 P175 z for-INVIANRIVER Lectal Description (fthf -of-WayArqu Being a Parcel of land lying in Tract 16, according to the Last General Plat of The Indian River Farms Company Subdivision, as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucia County, Florda. Said Parcel also lying and being in Section 27jownship 33 South, Range 39 East, Indian River County, Florida, said parcel being more particularly described as follows: Commencing at the Southeast comer of said Section 27; Thence North 00'04'35' East along the East line of said Section 27. a distance of 30.00 to a point on the Easterly prolongation of the North Right -of -Way Line of 17th Street Southwest Thence along said Easterly prolongation, North 89029'35" West a distance of 30.00 feet to a point on the Westerly right -of -Way line of 27th Avenue, as shown on the Florida Department of Transportation Maintenance Map for State Road 607 (27th Avenue) Section 88004-Maint. dated 4-10-95, per Plat Book 14, Page 47, of the Public Records of Indian River County, Florida. said point being the Point of Beginning of the following described parcel: Thence continue North 89029*35"Weat along the North Right -of -Way line of said 17th Street Southwest. a distance of 75.00 feet; Thence departing said North Right -of -Way line, North 00'04'35" East along the East line of the additional Right -of -Way for 17th Street Southwest. per Official Record Book 2104. Page 2138, said line lying 75.00 feet West at and parallel with as measured at right angles to the West Right -of -Way line of said 27th Avenue, a distance of 70.00 feet; Thence departing said East line, North 45*18'55" East. a distance of 56.33 feet; Thence North 00*0435" East, along a line that is 35.00 feet West of and parallel with, as measured at right angles to, the West Right -of -Way line of said 271h Avenue, a distance of 550.04 feet: Thence South 89'5525" East, a distance of 35.00 feet to the aforesaid West Right -of -Way line of said 27th Avenue; Thence South 00*04'35" West, along said West Right -of -Way, line. a distance of 660.27 feet to the Point of Beginning. Containing 26,704 square feet, (0.61 Acres) more or less Surveyor's Notes 1) This sketch and Legal Description vveS Prepared with the benefit of a Sketch and Legal Description prepared by Houston, Schulle, Billie and Stoddard recorded In Official Record Book 2`104. Page 2138, Pub4c Records of Indian River County, Florida. Together with the Plats of Millstone Landing PD, Phan 1. recorded in Plat Book 22, Page 79, Millstone Landing PD, Phase 3, recorded In Plat Book 23, Page 42 and the Plat of Falcon Trace - Plat Four. recorded in Plat Book 20. Page 87. Public records of Indian River County, Florida. 2) This legal description shall not be valid unless' (A) Provided in its entirety consisting of 2 sheets, with sheet 2 shovAng the sketch of the legal description (13) Reproductions of the description and 6ketoh are not valid unless signed and sealed vAth an embossed surveyor's sea]. 3) The Bearings shc� hereon am based upon the East line of Section 27, said Une also being the East fine of Tract 16, as having an assumed Bearing of North 00*V35' East as sho" on Sheet 9 of 30 of the Construction Plans for Millstone landing, Prepared by Masteller & Mole., Incorporated, on the date of 6-1-2016. Certification (Not valid vAthout the signature ard original raised soal of a Florida licensed Surveyor and Mapper) I hereby certify that the Sketch and Legal Description of the property ShoivP �M(! Oescritted hernill vwas completed under my direction and 921d sketch and Legal is "Ar� comed id thkk best of MY knowledge and belief, I further certify that this Sketch and Description meats the Sitindar(M.4,0inictim f .br sorveys set forth by the Florida Professional Board of Surveyors and Mappent'irl' 85813ter W-4-*Florlda Administrative code, pursuant to section 472.027 Fforldia &alte M I� -t- -'10 17 b-alTe 79 7gm—bire 'Profe's r This Is not a Bou Survey Flond NOW RMA" COUNTY9 FL WORIMM-P.rIENGINFERIM DIV SA-Otcl7andLegalDescliptlon 104117 1 DRAWN BY: R. INOLE7r for AIZA JAPPROVED By'. A �" ^A1 INDIAIVRIVER COUNTY 1 40F P176 SWeV7 8m(L eg8l Desalptlon for INDIAN RIVER COUNTY SB9*55'2k6'E-35.O PER F.O.O.T. MAINTENANCE MAP WEST LINE OF REMAINDER OP—_;j T.IJ.F. DEED NO. 478 ----AS RECORDED �IN P.D. 14, POE. 47 INDIAN RIVER COUNTY PUSUC RECORDS TRACT 16 too (PB Z PGE 25) LOCKWOOD LAND DEVELOPMENT GROUP, LLC 33-39-27-00001-0160-00002.0 0 to 25. 65* z-------- - (PER O.R.B. 1158. PAGE 367) UNPLA= 4'� 0 OM ME L Exm7m m"�fty ME 0 NO Point of Rww�_wy 5 —,tin g (O� mo� m MJ 70.00' �-WAY ME -N89*29'35'Wz3EOO. CO." 004 PA. 00*0435'. E�30.00' 17th SMEET SW �C NORTH mf_�-VF­WAY SOUTF LINE—OF TRkC_T'T_6 ANU ME 17th STREET SOUTHVJEST 27 26 SOUTH LINE SECT16N 27 I.R.F..W.C.D. CANAL 9b 34 5 SUB --LATERAL 09 0 (O.R.B. 1546, ; �d PAGE 2,665) MILLSTONE LANDING PD, PHASE 3 (PS 24 PGE 42) This is not a III GRAPIUC -SCALE 1w 0 Im IN FEM Intended display Scale: I inch - 100 it. AGENCY: INDIAN MYER C0111WX ocL PLI&IC WORA-S DEPLIVIGINFERMIG MY I A�=100' 2 OF 2 Legend and Abbreviations DB � DEED BOOK P.D.O.T. = FLORIDA DEPARTMENT OF TRANSPORATION I.R;F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT LLC = LIMITED LIABILITY COMPANY O.R.B. - OFFICIAL RECORD BOOK PI3 - 'PLAT BOOK �PGE. - PAGE T.IJ.F.=TRUSTEESOFTHE INTERNAL IMPROVEMENT FUND 27 26 SECnONCORNER 34 35 S169t017 ano(L egal Dosellptlon for INDIAN RIVER COUN TY P177 C�ommence�men i-9 SOUTHE47T CORNER SECTION 27, T4n R39E FFALCON 77?ACE S PLAT FOUR e C4 65' - (P.9 20. POE 87) Legend and Abbreviations DB � DEED BOOK P.D.O.T. = FLORIDA DEPARTMENT OF TRANSPORATION I.R;F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT LLC = LIMITED LIABILITY COMPANY O.R.B. - OFFICIAL RECORD BOOK PI3 - 'PLAT BOOK �PGE. - PAGE T.IJ.F.=TRUSTEESOFTHE INTERNAL IMPROVEMENT FUND 27 26 SECnONCORNER 34 35 S169t017 ano(L egal Dosellptlon for INDIAN RIVER COUN TY P177 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND LOCKWOOD LANE ACQUISITION GROUP, LLC THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of August, 2017, by and between Indian River County, a political subdivision of the State of Florida, 1801 271h Street, Vero Beach, FL 32960 C'the County"), and Lockwood Lane Acquisition Group, LLC, f/k/a Lockwood Lane Development Group, LLC, whose address is Post Office Box 690997, Vero Beach, FIL 32968 ("Lockwood"), who agree as follows: WHEREAS, Lockwood owns property located at the northwest comer of 17th Street SW and 27th Avenue, Indian River County, Vero Beach, Florida, an aerial photo of the property is attached to this agreement as Exhibit"A:'and incorporated by reference herein; and WHEREAS, the County entered into a Developer Agreement with the owners of the Millstone Landing subdivision to plan, design and construct 17th Street SW from 27th Avenue to the western boundary of the Millstone Landing development and the Developer Agreement calls for a southbound right turn lane on 27th Avenue onto 17th Street SW; and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to acquire property to be used as right-of-way along 27th Avenue from Lockwood;and WHEREAS, the County has contacted Lockwood about acquiring a 0.61 acre parcel of property from Lockwood to be used as right-of-way as depicted on Exhibit "B" (collectively, the Property); and WHEREAS, Lockwood plans to develop its property into a residential subdivision and acknowledges that the turn lane on 27th Avenue would benefit the future residents of the subdivision; and WHEREAS, the County is prepared to take the Property by using its power of eminent domain; and WHEREAS, Lockwood and the County wish to avoid the risk, time and expense of litigation by entering into this agreement for sale and purchase of the Property; NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and LOCKWOOD agree as follows: Recitals. The above recitals are affirmed as being true and correct and are P178 incorporated herein 2. Agreement to Purchase and Sell. Lockwood hereby agrees to sell to the County, and the County hereby agrees to purchase from Lockwood, upon the terms and conditions set forth in this Agreement, that certain parcel of real property located at the north west corner of 17th Street SW and 27th Avenue, Vero Beach, Florida and more specifically described in the sketch and legal description attached as Exhibit "B", containing approximately 0.61 acres, and all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto. 2.1 Consideration, Effective Date. The Consideration for the Property shall be the construction of a south bound right turn lane on 27th Avenue to 17th Street SW, Vero Beach, FL (Improvements). The County shall have the Improvements constructed pursuant to a Developer Agreement with the developer of the adjacent Millstone Landing subdivision. The Improvements shall be design ' ed, permitted and constructed without cost or expense to Lockwood. The Parties agree that construction of the Improvements shall take place within one year after the closing of this transaction. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this Agreement by the Indian River County Board of County Commissioners at a formal meeting of such Board. This Paragraph 2.1 and the County's obligations herein shall survive closing, and in the event of non-compliance by the County, Lockwood, shall be entitled to injunctive relief to enforce compliance. 3. Title. Lockwood shall convey marketable title to the Property by Warranty Deed free of claims, liens, easements and encumbrances of record or known to Lockwood; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). 4. Representations of Lockwood. 4.1 Lockwood is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. Lockwood shall not be required to incur any cost or expenses to clear title, remove clouds on title or to delete any exceptions from title insurance coverage. 4.2 From and after the Effective Date of this Agreement, Lockwood shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. P179 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, Lockwood shall have the right to seek specific performance. In such event, the prevailing party shall be entitled to attorney's fees and costs, including on appeal. This paragraph shall survive closing. 5.2 In the event Lockwood shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to Lockwood at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against Lockwood; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive Lockwood's default and proceed to Closing. 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 30 days following the execution of the contract by the Chairman of the Board of County Commissioners. With the written consent of Lockwood, the County or its agent shall be responsible for obtaining any partial releases or satisfactions of encumbrances on the Property. The closing date shall automatically be extended by a period of 30 days if the delay in closing is attributable to obtaining partial satisfaction and release of mortgage(s) encumbering the Property so long as the County is acting in good faith with the holder of the encumbrance to partially release or satisfy the encumbrance. The parties agree that the Closing shall be as follows: (a) Lockwood shall execute and deliver to the County a Warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) Lockwood shall have removed all of its personal property and equipment from the Property and Lockwood shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. (c) If Lockwood is a non-resident alien or foreign entity, it shall deliver to the County an affidavit, in a form acceptable to the County, certifying that Lockwood and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) Lockwood and the County shall -each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by Lockwood. P180 7. Closing Costs; Expenses. County or its agent shall be responsible for preparation of all Closing documents. 7.1 County shall pay the following expenses at Closing.� 7.1.1 The cost of recording the Warranty deed and any release, partial release or satisfaction obtained by Lockwood pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the Warranty Deed, if any. 7.1.3 All costs and premiums forthe owner's marketability title insurance commitment and policy, if any. 8. Miscellaneous. 8.1 Controllinci Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 8.2 Entire Agreement This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all pdor agreements, written or oral, between Lockwood and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 8.3 Assignment and Binding Effect. Neither County nor Lockwood may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 8.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courierservice or facsimile transmission, as follows: If to Lockwood: If to Count Lockwood Lane Acquisition Group, LLC Indian River County Attention Walter T. Jerkins, Jr. 1801 27th Street Post Office Box 690997 Vero Beach, FL. 32960 Vero Beach, FL 32968 Attn: Public Works Director Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either 4 P181 party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of" and may be re lied on only by the"oth e -r -party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever - 8.6 Aftorney's-Eees and Costs. In.any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.7. Counterparts. This Agreement maybe executed in two or more counterparts, each one of which shall constitute an original. 8.8. County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2.1 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA LOCKWOOD LANE ACQUISITION BOARD OF COUNTY COMMISSIONERS GROUP, LLC Joseph E. Flescher, Chairman Date Approved by BCC ATTEST: Jeffrey R. Smith, tomptroller and Clerk of Circuit Court Deputy Clerk Approved: Jason E. Brown County Administrator By: Walter T. Jerkins, Jr., President Date: Approved as to Form and Legal aSufficiency: k" — William K. DeBraal Deputy County Attorney P182 Indian River County, Florida Property Appraiser 10fl Print I Back 1EXHIBIT Indian River County GIS ParceIII) OwnerName PropertyAddress 33392700001016000002.0 LOCKWOOD LAND DEVELOPNIENT GROUPLLC Notes http://www.irepa.org/PrintMap.aspx ITTH ST SW VERO BEACH, FL 32968 11\ V 8/4/2017 P183 Ifn'll fol.- -INDIA /V RIVL7R Le.gal Description (Ribht -oPfty Acquisition Being a Parcel of land lying in Tract 16, according to the 1-2st General Plat of The Indian River Farms CompanySubdIvIsion, as recorded in Plat Book 2, Page 25, of the Public Records of St. Lucie County, Florida. Said Parcel also lying and being in Section 27,TownshiP 33 South, Range 39 East, Indian River County, Florida, said Parcel being more particularly described as follows: Commencing at the Southeast comer of said Section 27; Thence North 00-04'35- East along the East line of said Section 21* �i-djstjmoe of 30,00 to a point on the Easterly prolongation of the North Right -of -Way Line of 17th Street SOuthweA st I Thence along said Easterly prolongation, North 89*2935' West, a distance of'30.00 feet to a point on the We ery ri§ht-of-Way line of 27th Avenue, as shown on the Florida Department of Transportation Maintenance Map for State Road 607 (27th Avenue) Section 88OD4-Maint. dated 4-10-95, per Plat Book 14, Page 47, of -the Public Records of Indian River County, Florida. said point being the Point of Beginning of the fbilctiving described parcel: Thence continue North 89*29'35" West, along the North Right -of -Way fine of said 17th Street Southwest, a distance of 75.GO feet Thence departing said North Right-cf-Way line, North 00*04'35' East, along the East line of the additional Right -of -Way for 17th Street Southwest, per Official Record Book 2104, Page 2138, said line lying 75.00 feet West of and parallel with at; measured at right angles to the West Right -of -Way line of said 2M Avenue, a distance of 70.00 feet; Thence departing said East line, North 45*1855" East, a distance of 56.33 feet Thence North 00*0435" East, along a line that is 35.00 feet West of and parallel with. as measured at right angles to, the West Right -of -Way line of said 27th Avenue, a distance of 55OD4 feet: Thence South 89*5625" East a distance of 35.00 fee to the aforesaid West Right-cf-Way line of said 27th Avenue: Thence South 00*04'354 West along said West Right -of -Way line. a distance of 660.27 feet to the Point of Beginning. Containing 26,704 square feet, (0.61 Acres) more or less Survisyces Notes 1) This sketch anj Legal Cescription was prepared with the bere, in of a Sketch and Legal Description prepared by Houston. Schulke. Billie and Stoddard recorded In Officiall Record Book 2104, Page 2138, Public Records of Indian River County, Florida. Together with the Plat$ of Millstone Landing PD, Phase 1, recorded In Plat Book 22, Page 79, Millstone Landing PD, Phase 3, recorded in Plat Book 23, Page 42 and the Plat of Falocn Trace - Plat Four. recorded In Plat Book 20, Page 87. Public records of Indian River County, Florida. 2) This legal description shall not be valid unless: iA) Provided in Its entirety consisting of 2 sheets, with Sheet 2 Showing the Sketch of the legal description. (B) Repmducbons of the description and sketch are not valid unless signed and sealed with an embossed mrveyor's mi. 3) The Bearings shown hereon am based upon the East lim of Section 27, said line &[so being the East rim of Tract 16, as having an assumed Bearing of North 00'W35' East. as shovm on Sheet 9 of 30 of the Construction Plans for Miligione landing, Prepared by Maeldler & Molei, incorporated, on the date of B-1-2016. Qerk6cation (Not valid without the signature and original ralsedseal of a Florida licensed Surveyor and Mapper) I hereby cortifY that the Sketch and Legal Description of the Property stMr. And described hereon wsu completed under my direction and said Sketch and L0921 IsVW &0 cor. red id the best of my knowledge and belief. I further certify that this Sketch and Description meats the St�mda�ds -0 a 1b, SIL�veys set forth by the Florida Professional Board of Survey0m and jA in is si-i-7-M Florida Administrative code, pursuant to section 472.027 Rbrida State 3 -6 -'ZO 17 VFW 76TIgn-09— k4,.811on Professiprial Surveyor arV Mapper This Is not a Boundary SUrVeY � �Ioddaa Cedtficits, No, 6139 AGENCY: INDIAN RIVER COUNTY* FL I pliSLIC WORKS DI-PrIENGINMRIN49 MY SA-et&7 and L eggl D&sarIPM017 DATE: 4104117 1 DRAWN BY: INOLE77 , for, SCALE: A I 1A JAPPROVE"Y, .� �id ^AJ INVIANRIVER COUNTY OF 2 P184 Sh-etob and Legal Descriptlon for - INDIANRIVER COUIVTY -SN*5S*25'E-3& 1 5 - I WM LM OF g%A%R OF ----:;l 9f T.U.F� BED 478 �';r RWED M CC TRACT 16 (P8 -Z PGE 26) C;5 vai 1-11t, LOCKWOOD LAND DEVELOPMENT GROUP, LLC 33-,39-27-00001-0160-00002-0 (PER O.R.S. 1758. PAGE 367) wn� � � L a UNPLATTED �—M�WAY Begh Inq (GAL ZK M30—) -P 89'29'35'W-30.00' V (0)LIL VO4, P X38) I 17th STREET SW D=nw NOFM m"-CF-mY4,-- ME ift SrA= SWPMX .13 -C -T -QF 27 26 SOUTR-LINE TRA lb ANL) 1� N *&a SOUTH LINE SECTION 27 I.R.F.W.C.D. CANAL b 34' SUBP-OLATEIR& SUB-LA7ERAL 69 f89 Point of z 1546, PAGE 2665) OM n rnmw7cemsn SOUTHEM CMWM b (O.R.B. :2 secilm V. T= RM FFALCON TRACE MILLSTONE LANDING PD. PHASE 3 PLAT FOUR (PB a PGE 42) 65' (PD 20, PGE 87) ( 65, GRAPHIC SCALE 100 0 Im (IN Fm) Intended display scale: I inch = 100 ft. This is not a Boundary Survey INDIAN RIYER 0011#rr, FL WOWS 0,FRr,1FNG1NfFR1NG 01V VA IA�=100' 2 OF 2 Le,gend and Abbreviations DB - DEED BOOK F.D.O.T. = FLORIDA DEPARTMENT OF TRAASPORATION I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT LLc = LimrFED LIABILITY COMPANY O.R.B. - OFFICIAL RECORD BOOK PB - PLAT BOOK POE. PAGE T.I.I.F. TRUSTEES OF THE INTERNAL IMPROVEMENT FUND 27 26 + - SECTIONCORNER 34 35 SlwtC17 and L egal Dosollptlon for INDIANRIVER COUNTY P185 TO: THROUGH: THROUGH: FROM: DATE: SUBJECT: INDIAN RIVER COUNTY, FLORIDA MEMORANDUM County Commissioners Jason E. Brown, County Administrator John King, Director of Emergency Services Etta LoPresti, Emergency Management Coordinator Department of Emergency Services July 18, 2017 Approval of 2017/2018 State Funded Subgrant Agreement to Update Indian River County's Hazards Analysis It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION: The State of Florida provides funding for each county to conduct a hazards analysis as part of the overall Emergency Management preparedness mission. The hazards analysis identifies sites that may contain hazardous materials and the vulnerable areas near these facilities. This is part of the overall Emergency Management Hazardous Materials Plan. This year, the State of Florida has provided an agreement that covers the scope of work for this project. The funding allocated by this agreement to Indian River County is $2,848.00. Completion of this analysis will allow accurate data when planning for response and recovery in Indian River County. FUNDING: This is a fixed fee, performance based agreement and there is no requirement to match the allocation with county funds. Additionally, all work will be performed by county staff and there are no other associated costs. ITEM -�:] AMOUNT ACCOUNT NUMBER Hazardous Analysis Grant 1 $2,848.00 00120825-035290-06807 RECOMMENDATION: Staff recommends approval of this agreement and acceptance of the funding provided in the agreement. ATTACHMENTS: 1. Grant Form 2. Three (3) original contracts for Chairman's signature P186 Agreement Number: 18-CP.11-10-40-01-___ STATE -FUNDED GRANT AGREEMENT THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and Indi6n River County, (hereinafter referred to as the "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the DMsion and the Recipient agree to the following: (1) LAWS, RULES, REGULATIONS, AND POLICIES a. As required by Section 215.971(l), Florida Statutes, this Agreement includes: A provision specifying a scope of work that clearly establishes the tasks that the Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if t6 Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. V. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. b. In addition to thal foregoing, the Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations, including those identified in Attachment D. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. P187 (2) CONTAC a. In accordance with Section 215.971(2), Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Recipient. As part of histher duties, the Grant Manager for the Division shall: payment. L Monitor and document Recipient performance-, and, ii. Review and document all deliverables for which the Recipient requests b. The Division's Grant Manager for this Agreement is: Isaball Parker 1. 2556 Shumard Oak Blvd Tallahassee, FIL 32399-2100 Telephone: 850-816-4315 Email: isabell.parker@em.myfiorida.com c. The name and address of the representative of the Recipient responsible for the administration of this Agreement is John King, Director Indian River Coun�y Dept. of Emergency Services 4225 43rd Avenue, Vero Beach, FL 32967 Telephone: (77,)),)96_1A99 Email: jkingairc=com d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representsfive will be provided to the other party. (3) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (4) EXECUTION This Agreement ; may be executed in any number of counterparts, any one of which may be taken as an original. (5) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. 2 P188 (6) SCOPE OF WOR The Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachment C of this Agreement. (7) PERIOD OF AGREEMENT This Agreement shall begin July 1. 2017 and shall end on June 30, 2018, unless terminated earlier in accordanc6with the provisions of Paragraph (16) TERMINATION. Inaccordance with Section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by this Agreement'only for allowable costs resulting from obligations incurred during" the period of agreement. (8) FUNDING a. This is a fixed fee agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Flohda Constitution. c. The Division will reimburse the Recipient only for allowable costs incurred by the Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deli verable is outlined in Attachment 8 of this Agreement ("Deliverables and Performance"). The maximum reimbursement amount for the entirety of this Agreement is $ 2,848.00. d� The Division will review any request for reimbursement by comparing the documentation provided by the Recipient against a performance measure, outlined in Attachment B, which clearly delineates: t i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. a. The Division's Grant Manager, as required by Section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the period of agreement and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Recipient. f f. For the purposes of this Agreement, the term *improper payment". means or includes: i. Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not aacount for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. P189 g. As required by the Reference Guide for State Expenditures, reimbursement for travel .must be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. (9) RECORDS a. As a condition of receiving state financial assistance, and as required by sections 20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts- The right of access also includes timely and reasonable access to the Recipient's personnel for the purpose of interview and discussion related to such documents. For the purposes of this section, the term "Recipient" includes employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. b. The Recipient shall maintain all records related to this Agreement for the period of time specified in the appropriate retention schedule published by the Florida Department of State. Information regarding retention schedules can be obtained at: hftl)://dos.mvflorida.comfiibrary- archives/records-management/general-records-s�hedules/. c. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) all meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient'� governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of ail the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. P190 d. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. e. The Recipient shelf maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the Deliverables and Performance - Attachment B - and all other applicable laws and regulations. (10) AUDITS a. In accounting for the receipt and expenditure of funds under this Agreement, the Recipient shall follow Generally Accepted Accounting Principles ('GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." b. When conducting an audit of the Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ('GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, 'also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." C. If an audit shows that all or any portion of the funds disbursed were not spent in ) accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Recipient of such non-compliance. d. The Recipient shall have all audits completed by an independent auditor, which is defined in Section 215.97(2)(1), Florida Statutes, as 'an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audits must be received by the Division no later than nine months from the end of the Recipient's fiscal year. a. The Recipient shall send copies of reporting packages required under this paragraph directly to each of the following: P191 The Division.of Emergency Management DEMSinqle Audii(cDem.mvflorida.com DEMSin�le—Audft@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 ii. The Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida M99-1450 (11) REPORTS a. The Recipient shall provide the Division with a close-out report. b. The close-out report is due 60 days after termination of this Agreement or 60 days after completion of the activities contained in this Agreement, whichever occurs first c. If all required deliverables -are not sent to. the Division or are not completed in a manner acceptable to the Division, the Division may Withhold further payments until they are completed or may take other action as stated in Paragraph (15) REM EDIES. "Acceptable to the Division" means that the Work product was completed in accordance With the Deliverable and Performance. d. The Recipient shall provide additional, program updates or information that may be required by the Division. a. The Recipient shall provide additional reports and information identified in the Agreement. (12) MONITORING a. The Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Performance and Scope of Work are being accomplished within the specified time periods, and other performance goals are bein6 achieved. A review shall be done for each function or activity in Attachment C1 to this Agreement, and reported in th a quarterly report. f b. In addition to reviews of audits conducted in accordance with paragraph (10) AUDITS above, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope audits, or other procedures. The Recipient agrees to comply and cooperate with any monitoring pro cedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Division to the Recipient regarding such audit. The Recipient further agrees 91 P192 to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Recipient throughout the period of agreement to ensure timely completion of all tasks. (13) LIABILITY a. Unless Recipient is a state agency or subdivision, as defined in Section 768.28, Florid a Statutes, the Recipient is solely responsib Is to parties it deals with in carrying out the terms of this Agreement, and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performed under this Agreement. For purposes of this Agreement, Recipient agr eas that it is not an employee or agent of the Division, but is an independent contractor. b. Any Recipient which is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liablefor any damages proximately caused by the acts or omissions to the extent set forth in Section 76818,.Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any paIrty to which . sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subd I ivision of the State of Florida to be sued by third parties in any matter arising out of this agreement. (14) DEFAUL If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (15) REMEDIES. However, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: a. If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becornes false or misleading in any respect, or If the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in ti.mely.fashion, or is unable or unwilling to meet its obligations under this Agreement; b. If material adverse changes occur. in the financial condition of the Recipient at anytime during the period of agreement, and the Recipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Divisio . n. c. If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or ins ufficient information; d. If the Recipient has failed to perforin and com plate on time any of its obligations under this Agreement. P193 (15) REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice to the Recipient and upon the Recipient's failure to cure within those thirty (30) days, exercise anyone or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail. postage prepaid, by registered or certified mail -return receipt requested, to the address in paragraph (2) CONTACT herein; Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. . Require that the Recipient refund to the Divisio n any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: 1. request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. advise the Recipi ent to suspend, discontinue or refrain from incurring costs for any activities in question or iv. require the Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not.stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it Will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (16) TERMINATION. . a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Fla. Stat., as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would hot produce beneficial results in line with the further expenditure of funds, by providing the Recipient.with t - hirty (30) calendar days prior written notice. P194 c. The parties may agree to terminate thii.Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of this Agreement. d. In the event this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of this Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division be cause of any breach of this Agreement by the Recipient. The Division may, to the extent authorized by law, withhold payments to the Recipient.for th a purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. (17) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient agrees to includ a in the subcontract that (i) the subcontractor is bound by the te rms of this Agreement, (ii) the subcontractor is.bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the.Division and Recipient harmless against all claims of whatever nature a6sing out of the subcontractors performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work u rider this Agreement, i For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Fla. Stat. (18) ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: Exhibit I - Funding Sources Attachment A — Budget Attachment B — Deliverables and Performance Attachment C — 302 Facilities List Attachment C1 — Scope of Work Attachment D — Program Statutes and Regulations Attachment E — Financial Invoice Form Attachment F — Justification of Advance Payment Attachment G — Warranties and Representations P195 Attachment H — Certification Regarding Debarment Attachment I - Statement of Assurances Attachment J —Hazard Analysis Checklist Attachment K — Hazard Analysis Site Visit Certification Form Attachment L — Statement of. Determination Attachment M — Hazard Analysis Review Criteria (19) PAYMENTS a. Any advance payment under this Agreement is subject to Section 216.181(16), Florida Statues. All advances are required to be. held in an interest-bearing account. If an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment F. Attachment F will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has be an paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall include the supportinjg�doqvmentation for all costs of the projector services. The final invoice shall be submitted within sixty (60) days after the expiration date of the agreement. An explanation �of any circumstances prohibiting the submittal of invoices shall be submitted to the Division grant manager as part of the Recipient's reporting as referenced in paragraph (11) REPORTS of this Agreement, c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the federal Office of Management and Budgeting, the State Chief Financial Officer or under paragraph 8 of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty days of receiving notice from the Division.. (20) REPAYMENTS All refunds or repayments due to I the DMsion under this Agreement are to be made payable to the order of *Division of Emergency Management," and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard .Tallahassee FL 32399-2100 In accordance with Section 215.34(2), Fla. Stat.,. ifa check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. . 10 P196 (21) MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials islincorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with t hirty (30) days written notice to the Recipient,�cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be. in th.e Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. a. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101- 336, 42 U.S.C. Section 12101 at seg. , which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. f. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public eritity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract wi th a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed . on the convicted vendor list or on the discriminatory vendor list. g. Any Recipient which is not a local dover nment or state agency, and which receives funds under this Agreement from the state government, certifies, to the best of its knowledge and belief, that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. Have not, within a five�year period preceding this Agreement been convicted of or had a civil judgment rendered against it for fraud or a criminal offense in connection with obtaining, attempting I I P197 to obtain, or performing a public,(federal, state or local).transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; III. Are not presently indicted or othe rwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph (21)(g)(ij) of this certification; and iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. In addition, the Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment H) for each intended subcontractor that Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. h. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with Chapter 216, Florida Statutes, or the Florida Constilutio . n. I. All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. j. Any bills for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. k. The Division reserves the right to unHaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Recipient created or received un1der this Agreement. 1. If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. m. The State of Florida will not intentionally award publicly -funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section V4A(e) of the Immigration and Nationality Act ("INA')]. The Division shall consider the employment by any contractor of unauthoriz: ad aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the emplo ment provisions contained in y Section 274A(e) of the INA shall be grounds for unilateral ca ricellation of this Agreement by the Division. n. The Recipient is subject to Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) with respect to the meetings of the Recipient's governing board or the meetings of any 12 P198 subcommittee making recommendations to the governing board. All of these meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Fla. Stat. o. All expenditures of state financial assistance shall be in compliance with the laws, rules and regulations applicable to expenditures of State funds, including but not limited to, the Reference Guide for State Expenditures. p. This Agreement may be charged only with allowable costs resulting from obligations incurred during the period of agreement. q. Any balances of unobligated cash that have been advanced or paid that� are not authorized to be retained for direct program costs in a subsequent period must be refunded to the State. (22) LOBBYING PROHIBITION a. Section 216.347, Florida Statutes. prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency.' b. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (23) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY ANDALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE -PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER ORIN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA� a. If the Recipient has a pre-existing patentor copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or.copyright unless this Agreement provides otherwise. b. If any discovery or invention is developed in. the course of or as a result of work or services performed under this Agreement, or in any. way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the �tate of Florida. If any books, manuals, films. or other copyrightable material are produced, the Recipient shall notify the Di vision. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. c. Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance ofthis Agreement that he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre - 13 P199 existing intellectual property that is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights that accrue during performance of this Agreement. d. If the Recipient qualifies as a state unive rsity under Florida law, then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall become the sole property of the Recipient. I I n the case of joint inventions, that is inventions made jointly by.one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully -paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked Work products, developed solely by the Recipient, under this; Agreement, for Florida government purposes. (24) LEGAL AUTHORIZATION. The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement.: (25) ASSURANCES. The Recipient shall comply with any Statement of Assurances incorporated as Attachment 1. 14 P200 IN WITNESS WHEREOF. the parties hereto have executed this Agreement. RECIPIENT: INDIAN RIVER COUNTY 13Y Nameandtitle: loseph E- Flescber, RCC Chairman Date: Auggst.15,2017 FID# 59-6000674 Include a copy of the designation of authority for the signatory, If applicable. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Date: P201 1*14:11-1111ml STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RE�OURCES FOR FEDERAL PROGRAMS� NOTE7 If the resources awarded to the recipient for matchino represent more than one Federal program. orovide the some informabon shown below foreach Federal Program and showtotal State resources awarded formatching. Federal Program (list Federal agency. Catalog of Federal Domestic Assistance tie and number) $ (amount) SUBJECT TO SEC -1710N 215.97, FLORIDA STATUTES: NOTE: If the resources awarded to the recipient represent more than one State Project provide the same informabon shown below for each State proiect and show total state financial assistance awarded that is subiect to Section 215.97, Florida Statutes. i State Project - State awarding agency: Florida Division of Emergency Manageman Catalog of State Financial Assistance tille: Hazardous Materials Planning & Prevention Proaram Catalog of State Financial Assistance number 31,067 $2,848.00 (amount) COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: List applicable compliance requirements as fallows., I . FirstapplFcable compliance requirement (e.g., what services1purposes resources must be used fat). 2. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). State awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. NOTE., Instead of listing the specific compliance requirements as shown above, in the example, the language may state that the recipient must comply with a specific law(s), rulels), or ragulation(s) that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The State awarding agency, if practical, may want to attach a copy of the specific law, rule, or regulation referred to. NOTE: 2 C.F.R. Part 200, and Section 215.97(5)(a), Florida Statutes, require that the Information about Federal Programs and State Projects included in Exhibit 1 be proAded to the recipient. 16 P202 ATTACHMENT A BUDGET Recipient: Indian River Agreement Number: 18 -CP -1 1-10-40-01 - 1. First Payment (45% of contract amount) $ (50% Hazards Analysis submitted and appLoved) 2. Second Payment (45% of contract amount) (50% Hazards Analysis submitted and approved) 3. Final Payment (10% of contract amount) (Approval, distribution & notification) TOTAL AMOUNT 17 P203 ATTACHMENT B DELIVERABLES AND PERFORMANCE Deliverable Financial Diliverables Minimum Performance Price # Consequences Within 30 days of receipt of the executed contract submit electronically, 3 sample CAMEO hazard analyses chosen from 1. Each CAMEO facility file must facilities identified in Attachment C. contain complete, correct and accurate No payment Must be in compliance with Section information required in Section C of C of the Scope of Work. OEM will the Scope of Work. review the sample and provide constructive feedback within 10 business days. Not later than November 1, 2017 provide complete CAMEO files in 1. Each CAMEO facility file must compliance with Section C, Scope of contain complete, correct and accurate Work, on 50% of facilities identified information required in Section C of in Attachment C. Include a list of the Scope of Work. Payment will be reduced facilities visited. OEM staff will 2. A signed Site Visit Certification 45 % of Contract by $110.00 per Facility 2 review the deliverables within 21 Form and Site Plan in accordance with Amount with incorrect or business days of receipt and provide SOW Section 0 for each facility. For incomplete CAMEO files general feedback on any errors. sulfuric acid (batteries) facilities, the after initial review. DEM staff WILL NOT make site visit form must contain the date corrections to the files. Recipient will facility was called and the person that have 10 business days from time of responded to the EPCRA inquiries. receipt to return corrected files. Not later than March 1, 2018 provide complete CAMEO files in 1. Each CAMEO facility file must compliance with Section C, Scope of contain complete, correct and accurate Work, on 50% of facilities identified information required in Section C of in Attachment C. Include a list of the Scope of Work. facilities visited. DEM staff will 2. A signed Site Visit Certification Payment will be reduced 3 review the deliverables within 21 Form and Site Plan in accordance with 45 % of Contract by $110.00 per Facility business days of receipt and provide SOW Section D for each facility. F . or Amount with incorrect or general feedback on any errors. sulfuric acid (batteries) facilities, the incomplete CAMEO files DEM staff WILL NOT make site visit form must contain the date corrections to the files, Recipient will facility was called and the person that have 10 business days from time of responded to the EPCRA inquiries. I receipt to return corrected files. 1. Provide a complete correct copy of the approved hazards analysis file 1. Not later than May 15, 2018 (Completed CAMEO file in compliance provide completed Hazards Analysis with Section C, Scope of Work) to the (CAMEO File) to the Local Local Emergency Planning Committee Payment will not be Emergency Planning Committee and (LEPC) and provide the Division with a 10% of the made without required 4 provide DEM with transmittal. Notify copy of the transmittal letter. contract amount transmittal and first responders and Attachment C 2. Notify all Attachment C facilities and notification letters/E- facilities of the availability of the file. first responders of the availability of mails. Provide DEM with transmittah the hazards analysis information, and make that information available upon request Submit a copy of the I notification to the Division. I I 18 P204 ATTACHMENT C 2017-2018 302 FACILITY LIST THIS PAGE INTENTIONALLY LEFT BLANK. PLEASE REFER TO ATTACHMENT SENT TO YOU VIA EMAIL AND INSERT INTO AGREEMENT AS NECESSARY 19 P205 ATTACHMENT C1 SCOPE OF WORK Purpose On October 17, 1986, Congress enacted the Emergency Planning and Community Right to Know Act (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act (SARA). EPCRA requires hazardous chemical emergency planning by Federal, State and local governments, Indian Tribes, and industry. Additionally, EPCRA required industry to report on the storage, use and releases of certain hazardous materials. At the Federal level, the U.S. Department of Environmental Protection Agency (EPA) administers EPCRA. At the state level, the Florida Division of Emergency Management (FDEM) serves as the lead agency responsible for oversight and coordination of the local planning efforts required by EPCRA. Chaired by the Director of FDEM, the State Emergency Response Commission for Hazardous Materials (SERC) serves as a technical advisor and information clearinghouse for state and federal hazardous materials programs. Additionally, the SERC conducts quarterly public meetings in varying locations throughout the state. Currently, SERC membership consists of 28 Govemor-appointed individuals who represent the interests of state and local government, emergency services, industry and the environment. At the district level, Regional Planning Councils (RPCs) each coordinate the activities of a Local Planning Committee (LEPC) that: (1) performs outreach functions to increase hazardous materials awareness; (2) collects date on hazardous materials stored within the geographical boundaries of the RPC; (3) develops hazardous materials emergency plans for use in responding to and recovering from a release or spill of hazardous or toxic substances; (4) submits hazardous materials emergency plans to the SERC for review; (5) 'provides the public with hazardous materials information upon request. LEPC membership consists of local professionals representing occupational categories such as firefighting, law enforcement, emergency management, health, environment, and/or transportation. At the local level, each of Florida's 67 counties performs a hazards analysis (county may elect to contract to the RPC or qualified vendor). The county hazards analysis is used as input to the LEPC Emergency Response Plan for Hazardous Substances required under EPCRA and encompasses; identification of facilities and transportation routes of extremely hazards substances EHS); description of emergency response procedures; designation of a community coordinator and facility emergency coordinator(s) to implement the plan; outline of emergency notification procedures; description of how to determine the probable affected area and population by releases; description of local emergency equipment and facilities and the persons responsible for them; outline of evacuation plans; a training program for emergency responders; and, methods and schedules for exercising emergency response plans. This Agreement provides funding so that the Recipient, can assist in maintaining the capability necessary to perform the duties and responsibilities required by EPCRA. The recipient shall update the hazards analysis for all facilities listed in Attachment C, which have reported to the State Emergency Response Commission the presence of those specific Extremely Hazardous Substances designated by the U.S. Environmental Protection Agency in quantities above the Threshold Planning Quantity. The data collected under this Agreement will be used to comply with the planning requirements of the Superfund Amendments and Reauthorization Act of 1986, Title III, 'Emergency Planning and Community Right -To - Know Act of 1986' and the Florida Emergency Planning and Community Right -To -Know Act, Florida Statutes, Chapter 252, Part 11. Reauirements A. The Recipient shall submit a list of facilities within the geographical boundaries of the County listed on Attachment C that are suspected of not reporting to the State Emergency Response 20 P206 Commission the presence of Extremely Hazardous. Substances in quantities above the Threshold Planning Quantity, as designated by the U. S. Environmental Protection Agency. B. The completed hazards analysis shall comply with the site-specific hazards analysis criteria outlined below for each facility listed in Attachment C. The primary guidance documents are Attachment I (Hazards Analysis Contract Checklist and CAMEOfm Guide) to this Agreement and the U.S. Environmental Protecton Agencys "Technical Guidance for Hazards Analysis" at; of these documents. Any variation from the procedures outlined in these documents must be requested in writing, submitted in advance:and approved by the Division. C. Conduct an on-site visit at each Attachment C facility to ensure accuracy of the hazards analysis. Each applicable facility's hazards analysis information shall be entered into the U.S. Environmental Protection Agency's CAMEOfm version 3.2 (download from): hftp:tfwww.epa.govlcameoicameo-software. Each facility hazards analysis shall include, but is not limited to, the following items: 1. Facility Information (CAMEOfm Facility Page) (a) Enter the facility name (per Attachment C) in the Facility Name field. (b) Enter the facility physical address (no Post Office Box) in the Street Address fields of the Address tab. (c) Enter the geographic coordinates (in decimal degrees) in the latitude/longitude fields of the Map Data tab. (d) Enter the maximurn number of occupants present at the facility at any given time in the Maximum Number of Occupants Fields on the ID and Regs tab. The Facility Manned tab must also be correctly checked. Select the correct check boxes indicating if the facility is subject to section 112r and/or section 302. (All facilities should be subject to 302 unless they submitted an SOD) (a) Enter the Facility phone number in the Facility Phones tab field. (f) Enter the name, title and 24-hour.phone number of the designated facility emergency coordinator in the Contacts tab field. (g) Enter the main route(s) u sed to transport chemicals to the facility (from the County line to the facility) in the notes tab of the Facility Page. I (h) Enter the route(s) used to exit the Threat Zone(s) in the notes tab of the Facility Page or link the facility to a Marplot map that graphically shows the evacuation routes. This image must be available off-line if this alternative method is selected. A map -capture from Marplot may be saved as an alternative method. (i) Enter any past reportable releases that have occurred in the last five ye�rs at the facility in the notes tab of the Facility Page. Include a copy of the Section 304 follow- up report submitted to the LEPC. If it is determined that a facility has not had an accident, that shall be noted. 2. Hazard Identification (CAMEOfm Chemical in Inventory Page) 21 P207 (a) For each Extremely Hazardous Substance present over the Threshold Planning Quantity (TPO), create a Chemical in Inventory page (if a Chemical in Inventory page hasn't been created already) and enter the proper chemical name and Chemical Abstract Service (CAS) number (b) On each Chemical in Inventory page created for each Extremely Hazardous Substance present over the TPQ, enter in pounds (not range codes) the maximum quantity of each Extremely Hazardous Substance in the Max Daily Amount field of the Physical State and Quantity tab. (c) Enter the amount (in pounds) of each Extremely Hazardous Substance stored in the largest container or interconnected containers in the Max amount in largest container field of the Physical State and Quantity tab (this is the release amount used to determine the Vulnerable Zone). (it) Choose the appropriate description for the Type of storage container (drum, cylinder, tank etc.), storage pressure (ambient, greater than ambient etc.) and storage temperature (ambient, greater than ambient etc.) of each Extremely Hazardous Substance in those fields on the Location tab. (e) For each Extremely Hazardous Substance over TPQ, On the Physical State & Quantity tab check the appropriate boxes in the Physical State, Hazards and Health Effects fields (information on the above may be found by clicking on the Datasheet button which opens either the CAMEO Chemicals program or website.) 3. Vulnerability Analysis (CAMEOfm Scenario Page) (a) For each Extremely Hazardous Substance present over the Threshold Planning Quantity (TPQ), create a New Scenario page (if a Scenario page hasn't been created already) and enter the maximum amount in the largest container or interconnected containers in the Amount Released field of the Scenario Description tab, (b) On the Scenario page(s) Scenario Description tab, enter the concentration percentage in the Concentration field. (c) On the Scenario page(s) Scenario Description tab, enter the release duration in the Release Duration field as follows: (1) Gases-10minutes (2) Powders or solids in solution — 10 minutes (3) Liquids — No value shall be entered (d) Enter the proper natural physical state of the chemical at room temperature in the physical state field. (as specified in CAMEOfm- Chemicals) (a) On the Scenario page(s) Scenario Description tab, use the weather default settings or, enter average wind speed. Alternate scenarios may also be entered. (f) On the Scenario page(s) Scenario Description tab, rate the Risk, Consequences and Overall Risk of a release occurring at the facility on the bottom of the Scenario Page (the Risk Assessment should be based upon the Extremely Hazardous Substance, previous release history,. maintenance conditions etc.). 22 P208 (g) After entering the information noted above on the Scenario Description tab and clicking on the Estimate Threat Zone Radius button, CAMEOfm will automatically estimate the extentof the threat zone that may cause injury or death to human populations following a release. (h) On the Scenario pag e(s) notes tab, enter an estimate of the total exposed population within the threat zone(s) or link the facility location to a Marplot map where the threat zone population may be estimated based on the most recently available Census data. This image must be available off-line if this alternative method is selected. A map -capture from Marplot may be saved as an alternative method. If using this method upload the map data image to the CAMEOfm Site Plan tab/Facility page and also write on the Notes tab/Scenario page where the Total Exposed Population can be found. Add the file name. (Example: Total Exposed Population: See Marplot map (name of map SER61ETEP) . � (i) On the Scenario page(s) notes tab, identify each critical facility by name and maximum expected occupancy within the threat zone(s) (schools, day cares, public safety facilities, qospitals, etc.). If there are no critical facilities within the threat zone(s), that shall be noted. An alternative method is to link the facility location to a Marplot map in which a critical facilities geographic shape filed has been loaded. Critical facilities files are available for downloading from the Florida Division of Emergency Management CAME 0 data portal, If using this method upload the map data image to the CAMEOfm Site Plan tab/Facility page and also write on the Notes tabiScenario page where the Critical Facility information can be found. Add the file name. (Example: Critical Facilities: See Marpiot map (name of map SERC#CF) D. Supporting documentation in the form of Site Visit Certification Form, Statement of Determination or dated letter or email to the SERC, ILEPC, and local fire department from the facility identifying the reason the EHS is no longer present shall be submitted to the Division with a list of the facilities for which a hazards analysis was not completed Section 302 site and need to be removed from the official list of Section 302 sites for which hazards analysis are conducted.. E. On-SiteVisits 1 . Conduct a detailed on-site visit, within the period of this Agreement, of all the facilities listed in Attachment C, to confirm the accuracy and completeness of information in the hazards analysis. If authodzeclby the Division, a new or alternate facility may be substituted for a site that has previously had a hazards analysis conducted. A change of facilities after the agreement is executed will require a modification agreement. 2. Submit a completed Hazards Analysis Site Visit Certification Form (Attachment K) for each facility to the Division (file name must contain at minimum the SERC number if applicable and SV — if SERC number is not available facility name and SV — additional info allowed but not required). Add the site visit certification form to the Site Plan Tab of the CAMEOfm Facilities Page for each facility visited or contacted. Upload the site visit certification form to the Site Plan Tab of the CAMEOfm Facilities Page for each facility visited or contacted. (a) On -Site visit exception for sulfuric acid (batteries), this exception does NOT apply to bulk storage of sulfuric acid. (1) For facilities I I isted on Attachment C that report the presence of only sulfuric acid in batteries, an initial on-site visit is required and an on-site visit form 23 P209 (Attachment K) signed and dated by the facility representative and the Recipient shall be submitted to the Division. (2) In Agreements subsequent to the initial ori -site visit, the Recipient shall contact the facility representative by email or telephone to verify the presence of all extremely hazardous substances. The on-site Visit form shall be signed by the Recipient and identify the date and facility contact information. Another on-site visit is not required in subsequent Agreements, unless, the facility reports the presence of another extremely hazardous substance above.TPQ. Nothing additional is required to be changed or updated in CAMEOfm for Sulfuric Acid (Battery) Exemption facilities. (3) If a facility representative reports the presence of an extremely hazardous substance other than sulfuric acid in batteries, subsequent to the period of Agreement in which the initial site visit was conducted, the Recipient shall conduct an on-site visit, complete all applicable CAMEOfm pages and tabs and submit a completed on-site visit form (Attachment k) to the Division. (4) A list of the facilities using the Sulfuric Acid (Battery) Exception must be included with deliverable submittals. 3. For each facility for which a hazard analysis is conducted, a site plan must be added to the site plan tab of the CAMEOhm Facilities Page. (file name must contain at minimum the SERC number if applicable and SP — if SERC number is not available facility name and SP — additional infoallowed but not required) The site plan shall contain sufficient information to provide situational awareness and at a minimum include: (a) Location of major building(s), (b) Name and location of extremely hazardous substance(s). If multiple extremely hazardous substances are co -located, noting EHS is acceptable. (c) Name and location of street(s) in immediate vicinity, minimum of one cross street and street facility is located on. (d) Identify pertinent access and egress point(s) (e) Note any additional features pertinent to hazmat and medical response F. Ensure that the Hazards Analysis information is provided to the County for inclusion in the Local Mitigation Plan. REIMBURSEMENT CONDITIONS: Subject to the funding limitations of this Agreement, the Division shall reimburse upon successful completion of the task(s) required by this Agreement. However, the following limitations shall apply: 0 151 payment, the division shall not reimburse the Recipient for an amount that exceeds 45% of the overall amount authorized by this Agreement; and, 9 2nd payment, the division shall not reimburse the Recipient for an amount that exceeds 45% of the overall amount authorized by this Agreement; and, 0 31d payment, the division shall not reimburse the Recipient for an amount that exceeds 10% of the overall amount authorized by this Agreement, 24 P210 If extraordinary circumstances exist, then the Recipient can request permission from the Division to exceed the 45% cap for a particular quarter. However, under no circumstances shall the cumulative reimbursement amount for quarters 1, 2, and 3 exceed 85% of the overall amount authorized by this Agreement. FINANCIAL CONSEQUENCES: Failure to successfully comp�ete each of the required tasks, as demonstrated by the failure to satisfy the applicable deliverables, shall result in the following penalty: A 10% reduction of the overall amount authorized by this Agreement. If, because of circumstances beyond the Recipient's control, the Recipient is unable to successfully perform a task required by this Agreement, then fhe Recipient shall notify the Division immediately. If the. Division agrees that the inability to perform was directly due to circumstances beyond the control of the Recipient, then the Division will consider waiving the imposition of a financial consequence. Please also see Financial Consequences being imposed on Attachment B for each deliverable 25 P211 ATTACHMENT D PROGRAMS TATUTES AND REGULATIONS 1. Emergency Planning and Community Right to Know Act (EPCRA), Title III of the Superfund Amendments Reauthorization Act,of 1986, 42 U.S.C. s. 1101, et seq. (SARA). 2. Florida Emergency Planning and Community Right to Know Act, Chapter 252, Part I[, Florida Statutes. r. 9.1 P212 ATTACHMENT E FINANCIAL INVOICE FORM FOR HAZARDOUS MATERIALS HAZARDS ANALYSIS UPDATE RECIPIENT: AGREEMENT# PERIOD OF PERFORMANCE FEIN# AMOUNT AMOUNT APPROVED REQUESTED BYTHE BY THE RECIPIENT DIVISION 1. First Payment (45% of contract amount) (50% Hazards Analysis submitted and approved) 2. Second Payment (45% of contract amount) 1 (50% Hazards Analysis submitted and approved) 3. Final Payment (10% of contract amount) (Approval, distri I bution & notificati on) TOTAL AMOUNT I certify that to the best of my knowledge and belief the billed costs are in accordance with the terms of the Agreement. Printed Name and Title of Authorized Official Signature of Authorized Official Date �L AMOUNT TO BE PAID AS OF INVOICE $ (To be completed bv the Division) 27 P213 ATTACHMENT F JUSTIFICATION OF ADVANCE PAYMENT FIT54-M-19301 If you are requesting an advance, indicate same by checking the box below. I ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staf� award benefits to clients, duplicate forms and purchase start-up. supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS 20-20_ Anticipated Expenditures for First Three Months of (list applicable line items) Contract For exampi ADMINISTRATIVE COSTS (Include Secondary Administration.) For example PROGRAM EXPENSES TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for �the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include quotes for purchases, delivery timdines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract tem. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shurnard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, alonj with any interest earned on the advance) 28 P214 ATTACHMENT G WARRANTIES AND REPRESENTATIONS Financial Management Recipient's financial management system must include the following: (1) Accurate, current and complete disclosure of the financial results of this project or program (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income and interest. (3y Effective control over and accountability for all funds, property and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost pr inciples and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Comoetition All procurement, transactions shall be done in a manner to provide open and free competition. The Recipient shall be alert to conflicts of interest as w . ell as noncompetitive practices among contractors that may restrictor eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality and other factors. Solicitations shall clearly setforth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Recipient. Any and all bids or offers may be rejected when it is in the Recipient's interest to do SO. . 29 P215 Codes -of Conduct. The Recipe nt shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. �uch a c onflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from on a normal business day. Licensing and Permittin All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all of the particular work forwhich they are hired by the Recipient. 30 P216 ATTACHMENT H Subcontractor Covered Transactions (1) The prospective subcontractor ofthe Recipient, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction byany Federal department oragency. CQWhere the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. By: Signature Recipient's Name Name and Title FDEM Contract Number Street Address Project Number City, State.Zip 31 P217 ATTACHMENT I ' STATEMENT OF ASSURANCES The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including OMB Circulars No. A-21, A-1 10, A-122, A-128, A-87; E.O. 12372 and Uniform Admini�trathie Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted project. Also the Applicani assures and certifies that: 1. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. (5 USC 1501,et. seq.) 2. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 3. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 4. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 5. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 6. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origih, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 7. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. I B. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 6T615 and 67.620. 32 ' P218 I I ATTACHMENT J HAZARD ANALYSIS AGREEMENT CHECKLIST AND CAMECIFM GUIDE Facility Information (CAMEOfm Facility Page) Facility Name 1per Attachment C1 (Facility Page) Facility Physical Address (Facility Page) Latitude and Longitude in Decimal Degrees lex. 30.197, -84.3621) (Map Data Tab on Facility Page) Facility Phone Number (Facility Phones Tab on Facility Page) . . i -Facility Emergency Coordinator Name, Title and 24-hour Emergency Phone Number (Contact Tab on Facility Page) Transportation Route($) (From County Une to theFacility) (Notes Tab on Facility Page) -Evacuation Route(s) to exit the Vulnerable Zone (Notes Tab on Facility Page) -Historical Accident Record Of none, please note) (Notes Tab on Facility Page) -Facility Maximum Occupancy (a minimum of one is required for unmanned facilities) (ID and Regs Codes Tab on facility Page) Select correct check boxes for facilities subject oi� not subject.to section 112r or section 302 (10 and Regs Codes Tab on facility Page) Ma rd Identification (CAMEOfm Chemical in lnventorV Page). (for each Extremely Hazardous Substance on site) I Proper chemical Nani (Chemical in Inventory PaSefs)) Chemical Abstract Service CAS) Number (Chemical in Inventory Page(s)) Physical State In Storage fex. mixture, pure, liquid, gasl (Chemical In Inventory Page(sl, Physical State and Quantity Tab) Maximum Quantity On-site In Pounds (Chemical in Inventory Pagefs P hysIS State and Quantity Tab) Maximum mount in Largest Container or Interconnected COmaincrs'jChe_,iuEI in Inventory Page(s), Physical State and Quantity — Tab) (This figure will be used as the release mount to detemine the vulnerable zone in the Scenario) — -Type/Design, Pressure and Temperature of Comalri icrinder, biifte, amVient etc.1 (Chemical in Inventory Pagefsjo Location Tab) Nature of the Hazard (ex. acute, chronic, fire, pressure, etc.1 Chernical in Inventory Page(s), Physical State and Quantity Tab) Vulnerability Analysis (CAMEOfin Scenario Page) (for each Extremely Hazardous Substance on site) Enter maximum amount in largest container or interconnected containers In the Amount Released field (Scenario Description tab) fMust match the Chemical in Inventory Page, Physical State and Quantity Tab, maximunt mount in largest container figure) Enter the concentration percentage in the Concentration field (Scenario Description tab) Enter Release Duration (10 minutes for gases, solids In solution or powders; no entry for liquids is required) (Scenario Description tab) Determine the natural Physical State of the chemical at room temp (specified in CAMEO Chemicals) and enter into the Physical State field (Scenario Description tab) Weather Information - Use the weather default settings or enter average wind speed (don't enter a value in the Wind From field) and Urban or Forest is recommended in the Ground Roughness field. (Scenario Description tab) Risk Assessment - Rate the Risk, Consequences and Overall Risk of a release occurring (based upon release history & maintenance etc.) (Scenario Description tab) Extent of Vulnerable Zone (CAMEO automatically calculates Threat Zone Radius when Edit button and Estimate Threat Zone Radius buttons are usedl (Scenario Description tab) Enter estimate of Total Exposed Population (Notes Tab on Scenario Page(sL) Enter Critical Facilities (name of critical facilfty(s),and max Occupancy for each; if none, state No critical Facilities) (Notes Tab on Scenario Page(S)) See scope of work for alternatives. On -Site Visits (for each Facility and within the Contract Period) Site Visit Certification Form (Attached to Site Plan Tab on Facility Page) (file name must contain at minimum the SERC number if applicable and SV -If SERC number is not available facility name and 5V. If its a telephone call for the sulfuric acid exception the name of the facility rep spoken to and date of oil must be noted on the form. Additional info allowed but not required.) Site Plan (Attached to Site Plan Tab on Facility Page) (file name must contain at minimum the SERC number if applicable and SP - if SERC number is not available the facility name and SP - additional info all wed but not required.1 Sufficient Detail to IdentifV: Location of Major Building(s) Name and Location of Extremely Hazardous Substance(s) (if extremely hazardous materials are co -located, noting EHS is acceptable) Name and Location of Stre - et(s) (At minimurn street facility where facility is located and the nearest intersection or cross street) Identify Pertinent Access and Egress Points . , I Note Additional Features Pertinent to Hazardous Ma erials and Medical Response 33 P219 ATTACHMENT K h FLORIDA STATE EMERGENCY RESPONSE COMMSSION FOR HAZARDOUS MATERIA1,S HAZARDS ANALYSIS SITE VISIT CERTIFICATION FORM PLEASE PRINT Facility Name Street Address, City & Zip Code County SERC ID # Name of Facility Representative Facility Representative Signature Site Visit Date Site Visit Performed by Signature Site Visit Date The individuals signing above certify that a hazards analysis site visit was conducted on the :above date. El Check if facility representafive was informed.about using E -Plan (https://erplan.net/eplan/loain.htin for EPCRA on-line filing 34 P220 ATTACHMENT L STATEMENT OF DETERMINATION Facility Name Physical Address (Street only) city County LEPC District I have determined that this facility is I is not su Tiect to the following secto'n(s) of EPCRA, Title III, for the reporting SECTION 2009 2010 2011 2012 2013 1 2014 1 20i5T_2o_i6_F2_0_17_ No EHSs are Present. 2018 201 - 9 302/303 YIN YIN YIN YIN YIN YIN Y/NjY/NjYIN No hazardous chemicals/EHSs are/were present. YIN YIN 311/312 Y/NjY/N Not within covered SIC Codes. YIN YIN_.Y/NIY/N Y/NjY/N1Y/N Within covered SIC Codes, but less than te� (10) employees. YIN YIN 313 Y/N1Y/N thresholds. YIN YIN YIN I.Y/NIY/N Chemicals reduced below Y/NjY/N YIN YIN If "No" was indiratpd on Anu ^f tho nh^va nln2a. h.,k —A ... Sections Extremely Hazardous Substances (EHSs) are were present only in amounts less ran— Rshegtrsshold 3021303 Planninq Quantities (TPQsj. No EHSs are Present. No EHSs were present on-site during the year+ Hazardous chemicals/EHSs aretwere present only in amounts below established reporting thresholds. 311/312 No hazardous chemicals/EHSs are/were present. No hazardous chemicals were present on-site during the year. Section Not within covered SIC Codes. 313 Within covered SIC Codes, but less than te� (10) employees. Within covered SIC Codes, but no Section 313 chemicals were present or were below Section 313 reporting thresholds. Omer Closed facility Chemicals removed Chemicals reduced below Date Effective' / No YES/NO thresholdtTPQ YES / NO $YES New Facility. Date chemicals brought on site meeting / exceeding TPQ: Further explanation if necessary: CERTIFICATION: I understand the requirements of the law(s) Circled above. I also understand that ultimate compliance responsibility lies with me and failure to comply, if required, can result in civil and criminal penalties under federal and state laws. Name of owner I operator's authorized representative (printed): Official Title (printed): [STnature: IDate signed: 35 P221 :ATTACHMENT M HAZARD ANALYSIS REVIEW CRITERIA acility Page 1. Facility Name 2. Facility Address 3. Facility Phone# 4. Name and phone number for 24-hour contact 5. Evacuation route(s) 6. Legible/Detailed Site Plan (SERC#SP) with location of EHS(s) 7. Site Visit Certification Form (SERC#SV) B. Latitude & Longitude in Decimal/Degrees 9. Maximum No. of.Occupants Chemical In Inventory 1 . Proper Chemical Name and Chemical Abstract Number 2. Max Daily Amount 3. Max Amount in Largest Container Scenario Page 1. Amount Released (Must be the same as Max Amount in Largest Container) 2. Release Duration for Gases and Solids in Solution must be 10 Minutes 3. Natural Physical State 4. Risk Assessment 5. Estimate Threat Zone Radius 6. Name of Critical Facilities if None Indicate So 7. Estimate Total Exposed Po - pulation SOD or Supporting Documentation ff-I P222 GPANTNAME: Hazardous Analysis Grant GRANT# 18-CP-ll-%4Q-Qj-XXX AMOUNT OF GRANT: DEPARTMENT RECEWING GRANT: Emergency Services CONTACT PERSON: John King PHONE NUMBER: 772-226-3859 1 How long is the grant for? I year Starting Date: My 1. 2017 2. Does the grant require you to fund this fiinction after the grant is over? —Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match N/& 0% 5. Grant match amount required S N/A 6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? N/A 7. Does the grant cover capital costs or start-up costs? N/A __Yes No If no, how much do you think will be needed in capital costs or start up costs (Attach a detail listing of costs) SN/A 8; Are you adding anz additional Fositions utilWng the grant funds? Yes X No If yes, please list. If additiona space is neede , please anach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A $NIA S $ SN/A 011.13 Other Salaries & Wages (PT) N/A S S Fourth Year $ 012.11 Social Security N/A Fifth Year $ S $ 012.12 Retirement -Contributions N/A 012.13 Insurance -Life & Health N/A 012.14 Workers Compensation N/A 012.17 S/Sec. Medicare Matching N/A TOTAL N/A 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operatine. Salary and Benefits Operating Costs Capital Total Costs N/A N/A N/A N/A $ NIA Second Year $NIA S $ SN/A Third Year $ $ S S Fourth Year $ S S $ Fifth Year $ S $ S 71 10. What is the estimated cost of the grant to the county over five years? Signature of Preparer: Date: JuIv 17, 2017 I P223 Grant Amount Other Match C No, Coveregas Match Total $2,848.00 First Year $2,848.00 S N/A $ NIA Second Year $NIA S $ SN/A Third Year $ $ S S Fourth Year $ S S $ Fifth Year $ S $ S 71 Signature of Preparer: Date: JuIv 17, 2017 I P223 M a 1 4 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director Phillip J. Matson, AICP; MPO Staff Director FROM: Brian Freeman, AICP; Senior Transportation Planner DATE: July 31, 2017 SUBJECT: Request for Authorization to Submit an Application for 49 USC CH. 53, Section 5311 Transit Operating Assistance Funds for FY 2017/18 It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 15, 2017. For the past several years, the County has applied for and received transit operating assistance under 49 USC Ch. 53, Section 5311 (also known as the Formula Grants for Rural Areas program) through the Florida Department of Transportation (FDOT). These grant funds have been passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. According to federal regulations, Formula Grants for Rural Areas (Section 5311) funds may be used to provide transit service to rural or small urban areas. Such transit service includes fixed route service (GoLine Route #10) and demand -response service (Community Coach), both of which are operated by the Senior Resource Association (SRA). For FY 2017/18, $66,689 in Section 5311 funds is allocated to the county. In this case, the grant has a 50% nonfederal match requirement for operating assistance. Matching funds will consist of $33,344.50 from the state Public Transportation Block Grant and $33,344.50 from the County's normal transit allocation. No additional local funds are necessary. While Section 5311 funds are federal grant funds, FDOT administers the Section 5311 program within the state of Florida. To apply for Section 5311 funds, the Board of County Commissioners must adopt the attached resolution (Attachment #I), authorizing staff to submit the attached grant application to FDOT. A copy of the grant application is attached to this staff report (Attachment #2). C:\Usem\GRANIC-1�AppDataU4calkTemp\BCLTechnologiesNeasyPDF 7\@BCL@4805DFEO\@,BCL@4805DFEO.docx P224 ANALYSIS For FY2017118, the SRA has requested that the County apply for federal Section 5311 funds on the SRA's behalf so that the SRA can provide for the continuation and expansion of its GoLine/Community Coach fixed route and demand response services in rural areas of Indian River County. The provision of such service is consistent with the findings of the MPO's adopted I 0 -year Transit Development Plan and 2040 Long Range Transportation Plan. The County receives most of its transit funding through the federal Section 5307 (Urban Area) grant program. Because a portion of Indian River County is designated as rural, the County is also eligible to receive transit funding through the Section 5311 (Rural Areas) grant program. As indicated in the attached grant application, the total proposed budget amount is $133,378. Of that amount, the federal portion is $66,689. The match will consist of $33,344.50 in state Public Transportation Block Grant funds and $33,344.50 in local funds. In this case, the County's contribution consists of previously approved general fund monies budgeted specifically for this purpose. FUNDING Funding in the amount of $33,344.50 is budgeted and available in the General Fund / Community Transportation Coordinator account. Funding for this expenditure is part of the allocation given to the Senior Resource Association to provide transit service in the county. Staff recommends that the Board of County Commissioners adopt the attached resolution authorizing the filing of the attached FY 2017/18 Section 5311 grant application. ATTACHMENTS 1. Authorizing Resolution for the Submission of a Section 5311 (Formula Grants for Rural Areas) application for FY 2017/18 2. Section 5311 Grant Application for FY 2017/18 3. Grant Budget Form C \Usem\GP-ANIC—I\AppData\Local\TempkBCLTechnologies\easyPDF 7�@BCLoa4805DFEO\@BCL.@4805DFEO.dmx P225 RESOLUTION NO. 2017 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE SUBMISSION OF A FY 2017/18 GRANT APPLICATION FOR 49 USC CH. 53, SECTION 5311 PUBLIC TRANSIT OPERATING ASSISTANCE. WHEREAS, Indian River County has the authority to apply for and accept grants and make purchases and/or expend funds pursuant to grant awards made by the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes and/or Fixing America's Surface Transportation (FAST) Act of 2015; and WHEREAS, Indian River County, as the designated recipient of federal and state public transportation funding, must be the recipient of those funds on behalf of the Indian River County — Senior Resource Association; and WHEREAS, Indian River County is eligible to receive Formula Grants for Rural Areas funding under Section 341.052(l), Florida Statutes, and under 49 USC Ch. 53, Section 5311 and 49 USC 53 10; and WHEREAS, the Florida Department of Transportation provides Formula Grants for Rural Areas funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Community Development Director is authorized to file applications on behalf of Indian River County with the Florida Department of Transportation for public transit operating assistance as specified in the County's FY 2017/18 grant application under 49 USC Chapter 53, Section 5311. 2. That the Community Development Director is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Section 5311 grant application. THIS RESOLUTION was moved for adoption by , and the motion was seconded by and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Bob Solari Commissioner Tim Zorc Attachment I C:\Usem\GRANIC—MppData\Loca]kTemp\BCL Tcchno1ogiesNmsyPDF 7\@BCL@4805B5DAX@13CL@4805B5DA.docx Page I of 2 P226 RESOLUTION NO. 2013 - The Chairperson thereupon declared the resolution duly passed and adopted this 15th day of August 2017. BOARD OF COUNTY COMMSSIONE INDIAN RIVER COUNTY, FLORIDA a Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared Joseph E. Flescher, as Chairman of the Board of County Commissioners, and , as Deputy Clerk, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this 15th day of August 12017. APPROVED AS TO LEGAL SUFFICIENCY M Dylan Reingold, County Attorney, Notary Public SEAL: APPROVED AS TO COMMUNITY DEVELOPMENT MATTERS 13M Stan Boling, AICP, Director Community Development Department Attachment I C \Users\GRANIC—I\AppData"ca]\Temp\BCLT�hnologies\easyPDF 7\@BCL@4805B5DA\@BCL44805B5DA.docx Page 2 of 2 P227 OMB Number: 4040-0004 Expiration Date: 861/2016 Application for Federal Assistance SF -424 1. Type of Submission: F-1 Preapplication Application ChanIged/Comected Application 2. Type of Application: K Revision. select appropriate letter(a): nNew F-1 Continuation Other (Specfyj: F] Revision 3. Date Received: 4. Applicant Identifier. 107/18/2017 5a. Federal Entity Identifier. 6b. Federal Award Identifier. 1 7-71 I ----I State Use Only: 6. Date Received by State: 7. State Application Identifier: 8, APPLICANT INFORMATION: a. Legal Name: lIndian River county b, Employerrraxpayer Identification Number (EINrrIN): 15 9-6 0-0 0 6 7 4 d. Address: • Streetl: 11801 27Lh Street Street2: I • City: CountylPansh: Pero Beach Indian River • State: FL: Florida provinw: • Country: USA: UNITED STATES • Zip I Postal Code: 132960 a. Organizational Unit: Department Name: Division Name: Ifletropolitan Planning org. ICOMMUnity Development Dept, If. Name and contact finfonnation of person to be contacted on matters involving this application: Prefix: I First Name: lBrian Middle Name: I * Lost Name: lFreeman Suffix: I Tit1w Senior Planner OrganIntional Affiliation, Telephone Number. Fox Number: 'Email: brreemaneircgov.com Attachment 2 P228 Application for Federal Assistance SF -424 * 9. Type of Applicant 1: Select Applicant Type: illt County Government Type of Applicant 2: Select Applicant Type: - F Type of Applicant 3: Select Applicant Type: - F Other (specify): 10. Nam of Federal Agency: iFederal Transit Ad.inistration 11. Catalog of Federal Domestic Assistance Number: 20-SO9 CFDA Title: Section 5321 12, Funding Opportunity Number: INA * Title: Fomula Grants for Rural Areas 13. Competition Identification Number. TiVe 14. Areas Affected by Project (Cities, Counties, States, etc.): I I 15. Descriptive Title of Applicant's Project: an sportation Service in Rural Are as of Indian River County Attach svipporting documents as specified in agency instructions. F Add Affitachments Attachment 2 P229 Application for Federal Assistance SF -424 16. Congressional Districts Of: * a. Applicant b. Program/Project Attach an additional list of Program/PMect Congressional Districts If needed. — ---------- AdtiAtachirnent Ir Oelete�Atlach =_ent J �VAVachWsnt 17. Proposed Project: * a. Start DaW b. End Date: 18. Estimated Funding • a. Federal • b. Applicant • c State • d. Local • e. Other f. Program Income g. TOTAL 66,689.001 0.001 33,344.501 3�3,344 50 13 771, �8O 0 19. Is Application Subject to Review By State Under Executive Order 12372 Process? a. This application was made available to the State under the Executive Order 12372 Process for review on b. Program is subject to E.O. 12372 but has not been selected by the State for review. c. Program is not covered by E.O. 12372. 20. Is the Applicant Delinquent On Any Federal Debt? (if -Yes," provide explanation In attechni F-1 Yes Z No If "Yes", provide explanation and attach --AMdd Anitichme F`V WwAttadhmen�t 21. -By sIgnIng this application, I certify (11 to the statements contained in the list of certifications— and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances- and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U.S. Code, Title 218, Section 1001) g " I AGREE ­ The list of certifications and assurances, or an internal site where you may obtain this list. is contained In the announcement or agency specific instructions. Authorized Representative: Prefix: *FirsiName: iStan Middle Name: * Last Name lBoling Suffix 'Title: FC ..... LY De�elopment Director * Telephone Number. 1772-226-1253 Fax Number: * Email: rbol ing0ircclov. com ' Signature of Authorized Representative: Date Signed: Attachment 2 P230 Exhibit A Indian River County's public transportation system consists of the GoLine fixed -route system and the Community Coach demand response system. Both GoLine and Community Coach are operated by the Senior Resource Association, the county's CTC (Community Transportation Coordinator). The GoLine system consists of 15 fixed routes and provides service throughout Indian River County, including the communities of Vero Beach, Sebastian, Gifford, Fellsmere, and Wabasso. In addition, GoLine Route 15 provides regional service to the Indian River State College Main Campus in Fort Pierce (St. Lucie County). Most GoLine routes are in service six days per week. On weekdays, GoLine routes generally operate from 6 am to 7 pm. Saturday service hours are between 8 am and 5 pm. The following table summarizes GoLine ridership by route. Route Quarter JFY IS/16) FY IS/16 Total IFY 14/15 Ridership Percent Change 1 2 3 4 1 21,956 24,339 20,025 17,426 83,746 76,491 9.5% 2 50,004 54,031 40,145 43,016 187,196 192,953 -3.0% 3 23,650 22,627 20,686 28,280 95,243 93,365 2.0% 4 30,645 32,686 27,647 26,384 117,362 115,932 1.2% 5 14,430 14,990 21,493 19,578 70,491 58,892 19.7% 6 12,821 14,382 15,961 10,946 54,110 53,240 1.6% 7 12,786 13,821 13,146 12,564 52,317 54,082 -3.3% 8 31,437 31,707 27,287 31,216 121,647 112,943 7.7% 9 19,555 19,486 13,752 15,458 68,251 88,034 -22.5% 10 22,843 24,865 20,347 25,537 93,592 97,630 4.1% 11 5,569 7,297 6,238 5,040 24,144 20,874 15.7% 12 9,920 10,371 7,278 14,629 42,198 45,052 -6.3% 13 13,694 13,970 8,671 9,113 45,448 47,563 -4.4% 14 18,563 19,772 19,182 22,629 80,146 69,599 15.2% 15 4,602 4,895 3,301 2,846 15,644 16,297 -4.0% 160 1,033 1,793 1,029 644 4,499 2,338 92.4% Total 293,508 311,032 1 266,188 285,306 1,156,034 1,145,285 0.9% Note: Route 16 was in service for one quarter during FY 14/15. Attachment 2 P231 Below is a map of the GoLine system: 5M E -0— a Fif I � S: I Attachment 2 P232 EXHIBIT A-1 FACTSHEET The data below is for GoLine Route #10 (fixed route), which serves the rural Fellsmere community. At the North County Transit Hub, Route #10 passengers are able to connect with three other GoLine routes, which provide service to destinations in the communities of Sebastian and Vero Beach. 0 Estimates are acceptable. Attachment 2 P233 CURRENTLY IF GRANT IS AWARDED 1. Number of one-way passenger trips. 93,500 93,500 PER YEAR 2. Number of individuals served NA NA unduplicated (first ride per rider per fiscal year). PER YEAR 3. Number of vehicles used for this 1 1 service. ACTUAL 4, Number of ambulatory seats. 28 28 AVERAGE PER VEHICLE (Total ambulatory seats divided by total number of fleet vehicles) 5. Number of wheelchair positions. 2 2 AVERAGEPER VEHICLE (Total wheelchair positions divided by total number of neet vehicles) 6. Vehicle Miles traveled. 84,000 84,000 PER YEAR 7. Average vehicle miles 286 (weekdays) 286 (weekdays) PER DAY 198 (Saturdays) 198 (Saturdays) 8. Normal vehicle hours in operation. 13 (weekdays) 13 (weekdays) PER DAY 9 (Saturdays) 9 (Saturdays) 9. Normal number of days in operation, 6 6 _PERWEEK 10. Trip length (roundtrip)' 22 miles 22 miles AVERAGE 0 Estimates are acceptable. Attachment 2 P233 Exhibit B Indian River County uses funds from the Section 5311 program to provide public transportation service in rural areas within Indian River County, including the community of Fellsmere. The provided public transportation service includes fixed -route (GoLine Route 10) as well as demand response (Community Coach). GoLine is Indian River County' s fixed -route public transportation system. GoLine Route 10 provides hourly service from Fellsmere to the North County Transit Hub. There are over 25 bus stop locations throughout Fellsmere along Route 10. At the North County Transit Hub, Fellsmere passengers can transfer to other routes which provide service to many destinations located in Sebastian, including Walmart, Winn-Dixie, Publix, and medical offices. In additlon, passengers can also transfer to Route 9, which provides service to the Indian River Mall in Vero Beach. Route 10 is in operation six days per week. On weekdays, operating hours are from 6 am to 7 pm. On Saturdays, operating hours are from 8 am to 5 pm. Bus service is provided on all holidays, except Thanksgiving, Christmas, and New Year's Day. As with much of the GoLine system, Route 10 has experienced significant increases in ridership in recent years, During FY 2016, Route 10 provided service to 93,592 passengers. Attachment 2 P234 GRANT NAME: 49 USC Ch. 53, Section 5311 (Formula Grants for Rural Areas) GRANT#: AR046 AMOUNT OF GRANT: $66,689 DEPARTMENT RECEIVING GRANT: Community Develonment (vass through to Senior Resource Association) CONTACT PERSON: Brim Freeman PHONE #: (772) 226-1990 I . How long is the grant for? Twelve Months Starting Date: January 1. 2018 2. Does the grant require you to fund this function after the grant is over? —Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? —Yes No 4. Percentage of grant to match: 50 % 5. Grant match amount required: $ 33,344.50 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Match consists of $33,344.50 in County funds already budgeted for public transportation and $33,344.50 in FDOT grant funds 7. Does the grant cover capital costs or start-up costs? — Yes X No If no, how much do you think will be needed in capital costs or start-up costs? (Attach a detailed listing of costs.) 8. Am you adding any additional positions utilizing the grant funds? —Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 1117 _r er's CompensItio 2! S!.`!.Scc. Medicine Manwhing Third Yew TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five yews? $33,291.50 Attachment 3 P235 Grant Amount Other Matching Costs Match Total First Yew $66,689 $ $33,344.50 in local funds & $33,344.50 in FDOT grants $133,378 Second Year $ $ S Third Yew $ $ $ Fourth Year $ S $ $ Fifth Yew S S S $ Attachment 3 P235 CONSENT: 8/15/17 OFFICE OF INDIAN RIVER COUNTY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: The Board of County Commissioners FROM: Dylan Reingold - County Atto.ey � �/ DATE: July 19, 2017 ATTORNEY SUBJECT: Acceptance of Drainage and Maintenance Easement from River Club At Carlton Community Association, Inc. River Club At Carlton Community Association, Inc. has provided the County with a perpetual, non-exclusive 20 -foot easement for drainage and maintenance on its property running parallel to and abutting the north side of Old Winter Beach Road (the "Easement"). Presented for acceptance is the attached Easement for drainage and maintenance. The Easement is not standard, and for this reason it is being presented to the Indian River County Board of County Commissioners for formal acceptance. This Easement specifically calls out the understanding of Indian River County's intention to construct a drainage facility within three years from the date of acceptance of the Easement. Staff recommends acceptance of the Easement. FUNDING: The only funding associated with this item is the recording fees and documentary stamps for recording the Easement in the public records, at a cost of $36.20. Funds for this expenditure will come from General Fund/County Attorney/Other Professional Services, Account No. 00110214-033190. ani g HAW P236 Accept the perpetual, non-exclusive 20 -foot Easement for drainage and maintenance from River Club At Carlton Community Association, Inc. and authorize the Chairman of the Board of County Commissioners to execute the County's acceptance on the Easement for recordation in the Public Records of Indian River County, Florida. InhM Anwhment: Eament 2 P237 ftpared by: Indim River County Attorney's Office 1801 271h Street Veno Bmch, FL 32960 772-226-1425 EASEMENT THIS GRANT OF EASEMENT, made and executed this I Y day of 2017, by RIVER CLUB AT CARLTON COMMUNITY SO AT16N, INC., a Florida not for profit corporation, whose mailing address is 3055 Cardinal Drive, Suite 200, Vero Beach, Florida 32963, hereinafter called GRANTOR, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, having a mailing address of 1801 27h Street, Vero Beach, Florida 32960, hereinafter called GRANTEE. WITNESSETH: That GRANTOR for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration, receipt of which is hereby acknowledged by these presents does grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE, a perpetual, non-exclusive 20 -foot drainage and maintenance easement over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit: See Exhibit "A" attached hereto. GRANTOR conveys this easement with the understanding that GRANTEE intends to construct the drainage facility within three years from the date of acceptance of this easement. And GRANTOR hereby covenants with said GRANTEE that the GRANTOR is lawfully seized of said servient land in fee simple, and that the GRANTOR has good right and lawful authority to convey the easement established hereby and will defend the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the GRANTOR has hereunto set GRANTOR'S .hand and seal the day and year first above written. Signed, sealed and delivered in RIVER CLUB AT CARLTON the presence of- COMMUNITY ASSOCIATION, INC. By: April Culver, Pres(dent printed signature: printed na P238 STATE OFFLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this --L� day of 2017, by April Culver, the President of River Club At Carlton Conuiunity Association, Inc., a Florida not for profit corporation, who executed on behalf of and with the authop*ty of its Board of Directors. She is either personally known tome or produced A) /)q as identification. NOTARY PUBLIC BAPSWJP&TO MY COMMISSION# GG OV018 printed name: B~Aitfi J PC--t-"C& (SEAQ: N0'11eBD1dWnnWd99tWfYSeM= CommissionNo.: G6 -6&5-2-3S Commission Expiration: S-/22,/ze ACCEPTANCE OF EASEMENT GRANTEE hereby accepts the granting of the 20 -foot perpetual, nonexclusive drainage and maintenance easement as described and depicted on the attached Exhibit "A" for the construction of a drainage facility and maintenance thereof, and it is GRANTEE'S intent to commence construction of the drainage facility within three years from the date of acceptance of this easement. DATED this _ day of ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller LE Deputy Clerk Approved as to form and legal ciency: By: Abylan Reingold, County Attorney 2017. INDIAN RIVER COUNTY Joseph E. Flescher, Chairman Board of County Commissioners BCC approved: P239 x LU CI4 LL owl L F- co F- X 0 LU w z < (1) W z: 0 z wow 0 U) (-' >- Lu > m < L:) CD < z < R z 0 LLJ 0� W LLJ W (1) LL, o XH LLI V 0 �a - :5 1 1 > co < Z > C) LL >- z LU 0 C) D w W LL, 0 Z Z W z 0 Z 0 z 0- z CO ZOO 3: �2 x - LLI F- co x D w Ld o z W < o LL > 0 LLI a Uj WZZ2—<W—O-Jww F- LLI J LLI cr �- () > (.) Ir W V) z OOOWF-wg>-MWRZ 0 (j 0.< 0 V) < W > W LLJ 0- iL X < -1 0 W LU z I LL X: La z 0 Z < < F- 0- F- Co X > 0 C� O—W n000mcow -- 0 z �- W < C� L, < C.) 0 F- z LLJ cr Z LLI 0 z i o a W 0 C3< >WK <W—LLM Z 0 W Fr 0 LL LL, LU W C) Lu LU LL, < 0 0 0 0 a: l W 000 0 Lu LU LU V) (a Z a 0 (n 0 001.- 0— ZLLLLIO l z �- L� LU (1) LL LL LL = ::J 0- z W 0 (J) LL, 0 < 0 0 W co z w 0 LLJ W D LLI a C5 V _j M M 0 2 X �- I z Z F- z Z 0 0 0 V) 0-0 �- W w o,,OWMj.-=—<Q 0 Z 0 F- IT Er M C-4 Z F- -j �r. Z LL LL LL >- LL Cn W 0 W D > 0 0 0 0 F- < 0 0 U� z — — — Fr ui 00 z z 9 (n LL M 000 <�- WLLMW— r --------- I Do 0 �- 0) z z z I CO (Lou 0 (D Z Z U) z MN 0 LL M ��< < < 0 F:3: _j LLJ >- C) UJ LO �- F- Fr L 9 l 0 a- < 0 LD co (1) U) LU CL < = l z 0 a. — - a. 2 U) CF5 0 vi !S 0 W Ei 0 z < W Lu z < 0 _j Z 0 V)W LL 0 w ui 6) < < < 0 0) Z-4 m z >- 0 'o z 2d F- <0 zc��:�-rj) <WLULU Dz L) < o< EL < tf) LL LL Uj I T �- U) l- Of C!) D z Lf) z M (L cr 0 Lf) Z 0 0 W co LL 0 0 MU) LUZZO (1) L�C) L�C) W < W m 0 0 z a- P X 0 0 CL < Q ir W Y C'4 W C.) zr) * niuzof�-� �-W -Z d 2 X 0 m 0 co z onozzzx z < 0 EL Z�zz�->- xzo--�- 6 0 z 0 am— W CO LU _j LU 00 l. Z J-. x 7: W a W 0 W �- �- 0- a- 0 V) zQWz<<P z V) l < < W z 5 z --WzKWPWZW5 F- W bo CL F- �- P �- U) W LL a Ln 9, z -OOW > 0 W X C� P P Lu U) 3: z o o z z 0 0 0 0 3�. C'4 < LL W i z W Z L) F OWWo w X 0 0 D W W W x 0 _j W 1: W W. f- W LLI 0 ir W�o cc W i U) a Z LL <0000�-U-W 'oi-LL LL ci 0 Z m Q ( r 0— U) (1) z z z c) LL W 0 c) W 3: 0 w < z un 0 a_ �3 LL LL W W 5z (9 C) c) W q OR LL Er Z� o LLI < 0 �- < 0 z c; (5 U- C) fD 0 0 0 0 ir Z Opo 0 m . aj 0 -T Q �- 0 o Z Q- W W W - W�- F- jNOWO,W 2 Q O� V rn m m Z W,- Ili Z < LL N (n -: LL LL 0 z U) Z Fr �-M>�W -OU-ZIDOO w 0 W l d 0 < W 0 0 N W W W ti Z 1-0 U) < (Wj) 0 W X LL (.) L) co W 0 �- Z LU 3: Z Z W 5Z a F- MM<'ZOLUOZ :6 0 0 LLLL=)=)LU <Z(.)W<ic) (Wr 0 %5'>- 0 0 -1 -j If,) F- < Z 0 F- < < P: Z D a- 0 -J 0 W Z Ld 0 4. Nn Ig t) 1� 0 -U)W lrk- X—t()O—M<Eioz a R o z 0 -1 WTWW-dZ<o�-F-< > 0 Na 0 >. cr < Z (9 W z < zi V) < W j a: J) cr —W > > < �: V) l wi5uf co Lj 0) 0 < z 0 m U) 0 0 W(r X—W (J) q* z 0 ao�x Q I < Vs, Lo W z m 0 UM, LU io LLLL L z z :t C'4 0 CL z < W < ;R �- z z 0 0 Z,,o 0 U) Co LL — W W LO < U) LO 0 F= 0 W . .. Z LL W 0 -J C6 0 R W P 2: u rz z it W LU Z 6 z W < m W o o W � o (o Go co U) 0 (n 0 CA Z M LL (0 CO P 0 0 F- XUJWW3:=Zomwwo < 01 z czi, 6 W z 0- 1: 2 D�-Zzz �z L)Z)=)z C4 �-<a 0 (D zi — X LL W < 03 — (D COZ -JOOLLDOWZZO cli W z z LL Ir z W—>->-()� OWZMP--J 6 W z (L < 15 < Z3.9, Ln 0 vi 0 P< .Wqo 0 0 W W W 6 w 0 l 0 i -XZZ 4ik C� w z L) [L- m f- co Z Z z :m (n av)e. 0 LL LL :3 D L) L) 0 z U) W 0 0 z 0 UJ 0 0 o o x 0 < p W wzwwo 2 ? w W 2: z < F- (.) L) -00 z z 11 V) W W z Zzo D W II 0 0: < 2 cl 9 p z D 0 LLJ D fr LJO W W ZD z z < -a LL 0 LLJ (L LL 0 -j W K S2 T 0 0 LL 0 Z -j X 7: o 0 !,-,1 j < 0 L) LL CO -i W Ir V) z 0 F- D 0 W 0 C� �i of S? rx < W > 0 ES Z V) P240 C14 0 a, 81 '3NII A �� '0 nv J C6 -M W) 0 p 6 ID 0 b LLI Z 0 z 0 z M 0— 0 w CL M cq z W 2 0 '00,0 MH 0 8� 0 0 w Lj < LU U)(D L.J z 0 z Z 0 XWZ 0 LL, ow, L. Z U) CL zwz 2 0 z 3NII -3 0 og z w z a - to -0 '0 w z y (M/8 31VA18d OOL) !0 0 W) 0 0 2 0 (A L'i C; < 3AWO an-io �JMN po PO F- z C) m — m 0 0 0 co OD Q- w W z W V) 0� z 2 0 z 3NII M/9 M w z w------------- T Z (1) z i LU w Lj 0 W z czi 'Zi m Q,ml w _j cn z a W Z w pz iD D Q z 01, DW D z 0 lb z 0 z >- 0 1- tz Kx w _j 0 < zs m 0 CO Q- ix IZIZ t a n I W t -L Fq 0 w CL 1 Ci ZI z 0 > W ci 8 0 —M k LO o < 1-00 ow, z 0 C3 LLI -H t P >ZM 0 (A z 1 VO) — 0, 0 M YZ qb 0 00 00 z a. z C) N V) 5 LLJ z �z 0 a. A F 0 Z" 0 V) LLJ & v z no 60 U- .0. 0 0 /0. 0 .0 EO V) 0. z z P241 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 Enginee SUBJECT: Award of Bid No: 2017060 Go -Line Bus Turn -Off CR 510 (90th Avenue) DATE: July 24, 2017 DESCRIPTION AND CONDITIONS The County has planned and designed a new Go -Line Bus Turn-off for the north part of the County along the west side of CR 510 approximately 0.25 -mile south of CR 512. The project consists of site work forthe construction of the North County Bus Hub (new bus turn-off). The site work includes earthwork, pavement, concrete bus shelter pads (three locations designated for bus shelters), sidewalk reconstruction, stormwater pipe installation, striping and signage necessary for the project. The bid opening was held on July 12, 2017. Three (3) qualified bids were received and opened. A detailed bid tabulation is on file and available for viewing in the County Engineering Division. Bid totals are as follows: Cathco,lnc. Timothy Rose Contracting, Inc. Ranger Construction Industries, Inc. 'Vero Beach, Florida $137,691.05 Vero Beach, Florida $155,599.50 Fort Pierce, Florida $194,343.85 Cathco, Inc. is considered to be the lowest, responsive, responsible bidderforthe project with a bid totaling $137,691.05. Cathco, Inc. has completed numerous construction projects for other County departments. Upon checking references, staff has determined that Cathco, Inc. has performed similar construction projects consistently, and in a satisfactory manner. Cathco, Inc.'s bid of $137,691.05 was above the Engineer's estimate of $124,404.50. FUNDING Funding is available from Secondary Roads/North County Bus Loop - Account No. 10921441- 066510-17012 in the amount of $137,691.05. I'MI.bli. Works'ENGINEERrNG DIVISION PROJECTSM15 G. -Li.. Bus Turn�Off(90th A�ueAI-Admin\Agenda Itms�Awsul ofBid Aug-15-201mc- 1715_BCCM._A.dofBid.&. P242 Page 2 Award of Bid No: 2017060 Go -Line Bus Turn -Off CR 510 (901 Avenue) Staff recommends that the project be awarded to Cathco, Inc., in the amount of $137,691.05 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 Sample Agreement Cathco,inc. Timothy Rose Contracting, Inc. Ranger Construction Industries, Inc. APPROVED AGENDA ITEM FOR AUGUST 15, 2017 FAPublic WorksTNOINEEIMG DIVISION PROJECM17 15 Go-Uns Bus I)tn�Ofl`(901h Awnua)�I-Adtuin\Agenda Ifinns\Mmd ofBid—Aug-15-2017'IRC- 1715—BCC Memo_A.,dfBid.&c P243 SECTION 00520 - Agreement (Public Works) TABLE OF CONTENTS Title ARTICLE 1 - WORK ..................................................... Page ARTICLE 2 - THE PROJECT ...................................................................... i�W .................................... 2 ARTICLE 3 - ENGINEER ARTICLE 4 - CONTRACT ARTICLE 5 - CONTRACT PRICE ARTICLE 6 - PAYMENT ARTICLE 7 - INDENNUICATION ARTICLE 8 - ARTICLE 9 - UM REMAINDER OF IMS PAGE WAS LEFr BLANK PqTET-MONALLY] ...... 3 ..... 7 00520 - Sampls�Agresmsnt (Public Works) 00520-1 FAP,brmW0rka\ENG1NEER1N0 DMSION PROJECTS11715 Go4.bv BmTwn-Off (Oft AwrmAl-AdmJnVaenda ltmMwd or Bjck_AtWj5-oj7MS20- Sanla�Aqreemard (P�b Woft)xbc P244 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 Cathco, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, agree as follows: ARTICLE I -WORK CONTRACTOR shall complete all Work as Documents. The Work is generally described ai The project consists of site work for Hub. The site work Includes earthwork, paved reconstruction, stormwaterpipe installaW project ARTICLE 2 -THE PROJECT The Project for which the Work part is generally descdj&d as fc 4.01 Time of the Essence Documents may be the whole or only a y Public Works Department is hereinafter called the ENGINEER Is representative, assume all duties and responsibilities, and have assigned to ENGINEER in the Contract Documents in connection ie Work in accordance with the Contract Documents. A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work Will be substantially completed on or before the 60th 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 00520 - Sarnple_Agreement (Public Works) 00520-2 FAPub1icVV0ft%ENGINEERING DIVISION PROJECTSMIS Go4-he SUB TLmOffWIhA�)%IAdAr%QwIcia ltemsAwwd of SK_A�15-201M)520- Smnp"..� (Public Woea�tfto P245 14.07o f the General Conditions on or before the 90th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER Will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages Will �j ce for this portion of work. The parties also recognize the delays, expense, and diffi involved in proving in a legal proceeding the actual loss suffered by OWNER if t ork is n completed on time. Accordingly, instead of requiring any such proof, ER a NTRACTOR agree that as liquidated damages for delay (but not as a p I T:1,CTI'Rel;h1�11 pay OWNER $958.00 for each calendar day that expires a a tin e sl d in paragraph 4.02 for Substantial Completion until t4 Work is subst ly co e. After Substantial Completion, if CONTRACTOR shal le refuse ' or , mplete the remaining Work within the Contract Time or M, ctitir exte f granted by n, -D r sion t OWNER, CONTRACTOR shall p; I OW .0 each cale r day that expires 3y after the time specified in paragraph 4 r co - tio rea for final payment until the Work is completed and rea final ay nt. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay C Contract Documents, determined pursuantd A. For all Work, at the B. THE Numerical rients of the Work in accordance with the ,equal to the sum of the amounts 3rized in paragraph 5.013, below. Bid, attached hereto as an exhibit. and deductions provided in the Contract: A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment Will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 at. seq. The OWNER shall retain ten percent 00520 - Sample_Agreement (Public Works) 00520-3 F:%PWI*. W.WENGINEERING DIVISION PROJECTSMIS GO -UM Sus Tun�Olf (SIMI, A�)�IAdWrVg�a Itenn%mud of SkLAug-15-201700520 - S.qft_A�mni (Public Wwk.).d= P246 (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work it attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8)(b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs associated with existing change orders and other additions or m i ica ion I he construction od'fi t' Is o t services work provided under the Contract Documents. AS 6.03 Pay Requests. A. Each request for a progress payment shall be payment form supplied by OWNER and the al the CONTRACTOR'S certification All pr9gres for Of progress of the work meas e yth - ule of values e , or in the case of unit price work based on the n r of units 4 oml$M.. After fifty percent (50%) completion, a ua o Ron Statutes section 218.735(8)(d), the CONTRAC ma m y re to the County as OWNER for up to one half ( f the ret age County as OWNER, and the County as OWNER rom ake pay to the CONTRACTOR unless such amounts the good faith dispute; the subject of a claim pursuant to Flori e n 255.05(2005)*, or otherwise the subject of a claim or demand oun OWNER or the CONTRACTOR. The CONTRACTOR ackn t such retainage is attributable to the labor, servii rial p y o or more subcontractors or suppliers, the Contra ime re yment of such retainage to those subcontractors i rsuant to Florida Statutes section 218. 8)(c)(200 R further acknowledges and agrees that: 1) the SO hall ive immediate written notice of all decisions made I CT withhold retainage on any subcontractor at greater than pe 00 a er fifty percent (50%) completion; and 2) ,CONT seek release from the County as OWNER of the Withheld age until the final pay request. 6.04 arag aMM.03 do not apply to construction services work purchased by the Courl" awpaid for, in whole or in part, With federal funds and ar)e subject to federal g or laws a regulations or requirements that are contrary to any provision of the Local Govern ent P t Payment Act. In such event, payment and retainage provisions shall 110 be governed O,licable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection With the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. 00520 - Sarnple_Agreement (Public Works) 00520-4 F.TublicWorkeXENGINEERING DNISION PROJECM1715 Go -Um am Tmoff(GMAw�)U�h%AqwWa ftmMAwwd of B1C1_AL*-1s-2D1TW05". Sam*�Agm�t (Pubk WceM).dw P247 ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Cont%Wocuments and the other related data identified in the Bidding Documents. ARV AW B. CONTRACTOR has visited the Site and become familiar%and is isfied as to the igr 44f general, local, and Site conditions that may affect cost, progr a rformance of the Work. I& C. CONTRACTOR is familiar with and is safisfied a 11 federal, state Laws and Regulations that may affect cost, progress, and pe noe of t Jwo D. CONTRACTOR has carefully studie e ons and tests of subsurface conditions at or contigu the Sit d I I physical conditions in or relating to existing surface or u rfa ctures contiguous to the Site (except Underground Faciliti whi n identified in the Supplementary Conditions as p ' ed in parat 4.0 General Conditions and (2) reports and drawings of a a ous Envir I Co n, if any, at the Site which have been identified in the u pI mentary C as ed in paragraph 4.06 of the General Conditions. E. CONTRACTOR has o lys ied (or assumes responsibility for having s done so) all itionall or s me prninations, investgations, explorations, tests, studies, an cerning itio is urface, subsurface, and Underground Facilities) at or contigu to whi y affect cost, progress, or performance of the Work or which rela o a o he rneans, methods, techniques, sequences, and r p s of ion IVW employed by CONTRACTOR, including applying the s, techniques, sequences, and procedures of construction, if any, s xpr=e refthe Contract Documents to be employed by CONTRACTOR, and fe ots a r a fts a roqrams incident thereto F. CZNTRACTORJEoes not consider that any further examinations, investigations, explo ions, studies, or data are necessary for the performance of the Work at the i w Within the Contract Times, and in accordance with the other terms and A i i so tions o ;e Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data With the Contract Documents. 00520 - Sample._Agreement (Public Works) 00520-5 FAPub9C W0dM%ENG1XEER1NG DrVISION PROJECTMI715 G04Jw R. Tum -Off (Wh A�AlAftnlAp� ftemMA�wd of 6Fd_Aug45—V170D520 - SW*O-M� (P�110 Worka).dw P248 1. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 9 - CONTRACT DOCUMENTS 901 rnnfanfq A 14. Appendices to this Agreement (enumerated as follows): A the :hnical usive, R 510 Appendix A—Permits Appendix B — Fertilizer Ordinances Appendix C — Indian River County Traffic Engineering Division Special Conditions For Right -Of -Way Construction 15. CONTRACTOR'S BID (pages 00310-1 to 00310-7, inclusive); 16. Bid Bond (page 00430-1); 00520 - Sample_Agreement (Public Works) 00520-6 FiPublic MrkMENGINEERING DMStON PROJECTSM16 G� But Tm-Off(MhAwmeAl-AdMMAV� ftwnMwwd of Sid_Aug-15-2017M620. SaffWl._ftr� (PuNic Worlw).doc P249 A 17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 19. Qualifications Questionnaire (page 00456-1 to 00456-4, inclusive); 20. List of Subcontractors (page 00458-1 ; 10.04 Severatiffity of the tions. will be to be oneys at the to the barge ;, and I legal in the A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining proviisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken pro%.rislon or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken proAsion. 00520 - Sampiq_Agreement (Public Works) 00520-7 FAhbileftrkMENGINEERING ONISIONPROJFCTSIMSC�. BUS Tuft�Cff (Oft A�AIAdmfn�g� lUmAwaral of 8M_Ai*15-2017WD520- Bwnpla_Ag� (Putft Works).dw P250 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 Southem 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. Sjoially, the Contractor shall: (1) Keep and maintain public records required by the e C (2) Upon request from the County's Custodian of Public Record lid r ethe� With a copy of the requested records or allow the reco co itt Lads to be inspe r co ithin a �N 119 ( reasonable time at a cost that does not exceed provVided in 119 or as otherwise provided by law. "V (3) Ensure that public records that a mp n,7 lal a empt from public !a' a d by law for the records disclosure requirements are isclosed ce ze I z pt duration of the contract term and follow omple 'r of the co eff the contractor does not transfer the records to the Co (4) Upon completion of the contra far, cost, to the County all public records in possession of the Contractor or ee ntai lic records required by the County to perform the service. If ontract tra a ublic records to the County upon completion of the contra ract he - troy any duplicate public records that are exempt or confidential an e ubli records disclosure requirements. If the contracto ke ind mai pu Fords upon completion of the contract, the Ir Contractor sh: I a li re ui bents for retaining public records. All records stored electronii ; Provi to the County, upon request from the Custodian of Public Records, i f rM patible With the information technology systems of the ComaUL IF THE-CORTRACTOR HAS QUESTIONS REGARDING THE A' OMOFaCHAPTER 119, FLORIDA STATUTES, TO THE C. roFS 15UTY TO PROVIDE PUBLIC RECORDS RELATING C,WRACT, CONTACT THE CUSTODIAN OF PUBLIC (772) 226-1424 publicrecords(Mrcgov.corn Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 00520 - Ssmple�_Agreement (Public Works) 00520-8 F�AjbrtcWMMAENGINEERINGDMSIONPROJECTSX1715G�UmB.mTu.�Off(9DEhA�)%I.Admk#A,g�a IWMMW� a[ Rio ALV-16�71005M- S--P%-Ag� (PJAG W�).dw P251 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 M Joseph E. Flescher, Chairman By: Jason E. Brown, County Administrator APPROVED AS. TO FORM AND SUFFICIENCY: By: Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Attest: (SEAL) T'it I e: I&ui 1801 2$ Vero BeMa (772)226. Facsimile: CONTRACTOR: 0 for giving notices: Uoense No. (Where applicable) Agent for service of process: W. Ennis, Pi&PMP Designated Representative: wlhftj�. M Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION - * 00520 - SampkMresment (Public Works) 00520-9 MittleWoftXENGIREEPING DIMSION PROJECTSM15 Go -Un. Ow TuwOff (Mi A�)%1Afth\AgM1da �" d Bid—AU2.15-201TWOM - SanVie_Agmemert (Pubft Works).dw P252 -3 ik INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filiplak, Land Acquisition Specialist SUBJECT: Right -of -Way Acquisition — 661 Avenue Widening Project Owner: Randy and Diane Lott — 7425 66th Avenue, Vero Beach, FL 32967 DATE: July 25, 2017 Public Works is progressing with Right -of -Way acquisition for the planned improvements of 661 Avenue between 49'h Street - 85dStreet (CR510). The proposed improvements include widening the existingtwo- lane roadway to a four lane divided roadway, traffic signals, bridge replacement, drainage improvements, grassed or landscaped median and sidewalks. Randy a nd Diane Lott own a 17.7 acre parcel with 670 feet of road frontage on 66d' Avenue, and 2.6 acres ofwetlands. Staff contacted, Jeff Cusson the realtor representing Mr. and Mrs. Lott about purchasing the parcel. The property was listed for $320,000. The County obtained an appraisal of the property indicating a value of $300,000. After several weeks of negotiations the County and the Lotts agreed on a purchase price of $320,000. To accommodate the future planned improvements on 661h Avenue, the County needs to acquire the complete parcel of 17.7 acres from Mr. and Mrs. Lott for stormwater treatment and right-of-way purposes. FUNDING 1h Funding is budgeted and available in Account No. 31521441-066120-16009, Optional Sales Tax, 66 Avenue (65th Street — 83" Street) Staff recommends the Board approve the Purchase Agreement for the property located at 7425 661h Avenue, Vero Beach, FL 32967, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS One Original Purchase Agreement APPROVED AGENDA ITEM FOR: Aunust 15, 2017 F:�Publlc Works\ENGINEERING DIVISION PROJECrS\1505-66th Ave Widening_49th St to 81st St\2-Right of Way\BCC Agenda Mernos\Randy and Diane Lott MEMO Agenda 7.25.17.doc P253 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND RANDY D. LOTT AND DIANE LOTT THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE (uAgreement") is made and entered into as of the day of , 2017, by and between Indian River County, a political subdivision of the State of Florida ("the County"), and Randy D. Loft and Diane Loft ("the Seller) who agree as follows: WHEREAS, Seller owns property located at 7425 66th Avenue, Vero Beach, Flo(ida. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and WHEREAS, the County is scheduled to do road improvements on 66th Avenue between 49th Street and 815t Street in the future and the road expansion will impact the Seller's property; and WHEREAS, in order for the County to proceed with its road expansion plans, the County needs to purchase property to be used as right-of-way from landowners along and adjacent to 66th Avenue; and WHEREAS, the County contacted the Sell&s realtor, Jeff Cusson of CBC Saunders Real Estate and offered to purchase right-ofmway of approximately 771,012 square feet or 17.7 acres of property as depicted on Exhibit "A", and WHEREAS, the Parties agree this is an arm's length transaction between the Seller and the County, without the threat of eminent domain. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the COUNTY and SELLER agree as follows: 1 . Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the County, and the County hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 7425 66th Avenue, Vero Beach, Flodda and more specifically described in the legal descdption attached as Exhibit "A", fee simple, containing approximately 771,012 square feet, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Propertn. 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $320,000.00 (Three Hundred Twenty Thousand and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County shall have approved the execution of this P254 Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. Seller shall convey marketable title to the Property by warranty deed free Of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents County's intended use and development of the Property ("Permitted Exceptions"). M County mayQlrder an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Property. County shall within fifteen (15) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to County if (a) County fails to deliver notice of defects within the time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from County of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, County shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. Representations of the Seller. 4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of the County. 4.3.1 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event the County shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the County; or (ii) waive the County's default and proceed to Closing. P255 5.2 In the event the Seller shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the County nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof-, or (iii) waive the Seller's default and proceed to Closing: 6. Closin-g. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 45 days following the execution of the contract by the Chairman of the Board of County Commissioners. The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the County a warranty deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, County may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the County an affidavit, in a form acceptable to the County, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and,Real Property Tax Act of 1980. (d) The Seller and the County shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. 7. Personal Property. 7.1 The Seller shall have removed all of its personal property, equipment and trash from the Property. The Seller shall deliver possession of the Property to County vacant and in the same or better condition that existed at the Effective Date hereof. 7.2 Seller shall deliver at Closing all keys to locks and codes to access devices to County, if applicable. 8. Closing Costsm Expenses. County shall be responsible for preparation of all Closing documents. 8.1 County shall pay the following expenses at Closing: P256 8.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 8.1.2 Documentary Stamps required to be affixed to the warranty deed. 8.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 8.2 Seller shall pay the following expenses at or prior to Closing: 8.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 9. Miscellaneous. 9.1 Controllinq Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 9.2 Entire A-greement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the County relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 9.3 Assignment and Binding Effect. Neither County nor Seller may assign its lights and obligations under this Agreement wit6ut the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 9.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Seller: Randy D. Loft & Diane Loft 53 Joy Haven Drive Sebastian, FIL 32958 If to County: Indian River County 180 1 27th Street Vero Beach, FIL 32960 Attn: Land Acquisition/Monique Filipiak Either party may change the information above by giving written notice of such change as provided in this paragraph. P257 9.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely forthe benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 9.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 9.7 Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 9�8 County Approval Required: This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.9 Beneficial Interest Disclosure: In the event Seller is a partnership limited partnership, corporation, trust, or any form of representative capacity whatsoev�r for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the County. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. P258 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Joseph E. Flescher, Chairman Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator 02rd as to orm and LeaaL Su idency: William K. DeBr5d, Deputy County Attorney IFOA01-1 A P -Li 11�44 aiane Loft V D] P259 EXHIBIT "All INDIAN RIVER FARMS CO SUB PBS 2-12 N 1/2 OF TRACT 8; LESS CANAL; L - ESS THAT DESC POR FOR RD RAN AS DESC IN OR BK 2319 PG 147 Commonly known as: 7425 66th Avenue, Vero Beach, Florida 32967 Parcel ID Number: 32-39-06-00001-0080-00001.0 P260 rig INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Stan Boling, AICP Community Development Director FROM: Sasan Rohani, AICT Chief, Long -Range Planning DATE: August 2, 2017 SUBJECT: Consideration of the Indian River County SHIP Program 2017 Annual Report It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 15, 2017. DESCRIPTION AND CONDITIONS In the early 1990's, the State Housing Initiatives Partnership (SHIP) Program was created by the State of Florida. Through that program, the state collects documentary stamp tax revenue and allocates those funds to local governments to be used for affordable housing purposes. On April 6, 1993, the Board of County Commissioners adopted the Indian River County Local Housing Assistance Plan (Ordinance #93-13). By adopting the plan and subsequently receiving Florida Housing Finance Corporation approval of the plan, Indian River County became eligible to receive State Housing Initiatives Partnership (SHIP) Program funds. The purpose of the SHIP pr ogram is to provide affordable housing for income qualified households. As structured, the county's SHIP Program provides low interest, deferred payment, and subordinated loans to eligible extremely low income, very low income, low income, and moderate income households. Those loans are provided primarily for purchase assistance and rehabilitation assistance. As part of the SHIP purchase assistance program, private financial institutions provide principal mortgages, while SHIP loans are generally structured as soft second mortgages. C \Users\GRANIC—I\AppDataU�a]\TempkBCL Tmhno1ogies\easyPDF 7\@8CL@0406E34M�BCL0a 0406E34B.doc P261 Since SHIP is a state funded program, the SHIP program fiscal year (FY) is concurrent with the state fiscal year and runs from July I to June 30. Because SHIP funds provided in one fiscal year can be spent over a three fiscal year period, the county often has two or more years of SHIP funding active. For example, in the past year the county has expended funds from the following SHIP program fiscal years: FY 14115, FY 15/16, and FY 16/17. For each fiscal year (FY), SHIP funds consist of state allocations and program income. Program income consists of SHIP loan repayments and interest earned. Attachment 41 shows historic SHIP fund information. That includes the number of loans provided to eligible applicants by fiscal year and by income category. According to SHIP Program requirements, the county must submit an annual report for each fiscal year for which SHIP funds were expended. A certification form for those reports must be signed by the Chairman of the Board of County Commissioners or his designee. For all previous fiscal years, closeout reports were previously submitted to and approved by the state. Attached to this staff report are the county's SHIP Program FY 2014-2015, FY 2015-2016, and FY 2016-2017 annual reports (see attachments 2, 3 and 4). FY 2014-2015 is a final closeout annual report. All Fiscal Year annual reports must be submitted to the state by September 15, 2017. ANALYSIS According to state regulations, SHIP funds must be utilized in such a manner that all state requirements and all requirements of the county's Local Housing Assistance Program are met. Among the State Housing Initiatives Partnership Program (SHIP) requirements are the following: At least 30% of funds must be utilized by.very low income (VLI) households At least 30% of funds must be utilized by low income (LI) households At least 65% of funds must be utilized for homeownership At least 75% of funds must be utilized for construction, rehabilitation or emergency repair At least 20% of funds must be utilized for disabled applicants or household members Not more than 10% of funds may be utilized for administration costs In administering the SHIP program, the county has met all of those requirements as well as all local requirements for home ownership, credit, employment, assets, and others. Copies of the attached annual reports have been distributed to members of the county's Affordable Housing Advisory Committee, Affordable Housing Partnership Group, municipalities, and other interested persons for their review and comment. Also, a notice of the availability of the reports was posted on the county website. To date, staff has received no comments. The purpose of this staff report is to provide the Board of County Commissioners with background information and the attached SHIP annual reports, and to obtain Board authorization for the Chain-nan to sign the Certification Form for the attached SHIP annual reports (see attachment 5). C:\Usem\GRANIC—I\AppDataU�ca]\Temp\BCL Tecbno1ogies\easyPDF 74BCL@0406E34B\@BCLOa 0406E34B.doc P262 FUNDING The SHIP program is funded by documentary stamp tax revenues collected and distributed by the State. ALTERNATIVES The Board of County Commissioners has two alternatives with respect to the attached SHIP Annual Reports. Those are: To approve the attached SHIP Annual Reports and authorize the Chairman to sign the attached Certification Form, allowing staff to submit the reports to the Florida Housing Finance Corporation. Not to approve the attached SHIP Annual Reports. Choosing the second alternative, however, would cause the county to become ineligible to receive additional SHIP funds. Staff supports the first alternative. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the attached SHIP 2017 annual reports and authorize the Chairman to sign the attached Certification form. Attachments: 1. SHIP Funds and Applicants Information Summary 2. SHIP Annual Report for FY 2014-2015 (Final Closeout report) 3. SHIP Annual Report for FY 2015-2016 (Interim report) 4. SHIP Annual Report for FY 2016-2017 (Interim report) 5. SHIP Annual Report Certification Form C:\Users\GRANIC—I\AppData\L�a]\Temp\BCLTechnologies\easyPDF 7\@BCL@0406E34B\@BCLAaOO406E34B.doc P263 z 0 0 LL z 0 z z Zi CL IL Ck z U) 0 z M U- 0 w a. (L 2-3 a P264 aR aft 9 f d? ;R 11 11 as 4 :2 aR 29 aR aR e ag e aR aR 29 'I IQ -3 Ci q 0! 1� �i �Ro vil I F101OFF 11 aR :9 v,4 46 E Z5 R 3 1 A --- - - - - - - - - q 0 M m W 1. ��WMMOMMTM CL Ot 14 t2 je .2 co . . . ON IQ v v N 0! C SE r ON 10 1: 1� 0; Cl Ot IR 11 .0 . . . . . . . . . . . . . 0 0 . . . . . . . . 9 9 .1; 1 a wq 11 �q -1 �q q -k w . . . . . . . . . . . . . . . . . . 2-3 a P264 Title: SHIP Annual Report Indian River County FY 2014/2015 Closeout Form I SHIP Distribution Summary t" Eicpendad.�] Homeownership Encumbered 'j.Urtertcumbared I:,% xpenjetc� C ode Code Strategy Aniount . units: 1 Purchase Assistance with $39,081.58 2 Rehab 6 Emergency Rehab $85,162.81 112 8 impact Fee Loan $5.569.00 1 2 Purchase Assistance with $306,530.001 13 1 impact Fee Loan 1 13 lRehabilitation 1 $400,548.941 12 Homeownership Totals: $836,892.33 40 Rentals Fom SHIP AR/2009 67-37.008(3)(0, F.A.C. Effective Date: 11/2009 Report Status: Unsubmitted ncumbdrad 'I -" 'JUnencumbired I I Amount - Lunits 1. Amount - I Units Rental Totals: Subtotals: $836,892.33 40 Additional Use of Funds Usi, AdministraUve Homeownership Counseling Admin From Program Income Admin From Disaster Funds lExpended iu r, Totals: j91762450r,1' 0 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of -Funds t" Eicpendad.�] ',I Encumbered 'j.Urtertcumbared I:,% $217,755.91 C ode Strategy Aniount . Units - " Amount Unit! -UnItSi Rental Totals: Subtotals: $836,892.33 40 Additional Use of Funds Usi, AdministraUve Homeownership Counseling Admin From Program Income Admin From Disaster Funds lExpended iu r, Totals: j91762450r,1' 0 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of -Funds Amount,I, State Annual Distribution $697,558.00 Program Income (Interest) $1,771.57 Program income (Payments) $217,755.91 Recaptured Funds Disaster Funds I Other Funds I Page I W' ATTACHMENT 2 P265 Forrn SHIP AR12009 67-37.008(3)(0, FA.C. Effective Date: I V2009 lCarryoverfunds from previous year $3,878.17 Carry Forward to Next Year: $3,339.15 Total; $920,963.65 1 NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 Form 2 Page 2 ATTACHMENT 2 P266 Fom SHIP AR/2009 67-37.008(3)(11. FAC. Effective Date: 1112009 Rental Unit Information - D6scription � 'I Eff. I Bad 2 Red - 3 Bed Al 6ed V No rental strategies are in use - Recap of Funding Sources for Units Produced ("Leveraging") source 6f Funds Produced through June 30th for Units Am'ounfoi Funds Expondid k� Data % of Total Value IP Funds Expended $836.892.33 35.00% Public Moneys Expended .00% Private Funds Expended $1,554,164.12 65.00% Owner Contribution .00% Total Value of All Units $2,391,056.451 100.00% SHIP Program Compliance Summary - Home Ownership/Construction/Rehab FL Stait�ie, Compliance Category �ki'IP Funds'- Nust-Funds % 6itrust F'u'nd minhibin Homeownership $836,892.33 $697,558.00 119.97% 65% Construction I Rehabilitation $836.892.33 $697.558.00 119.97%1 715% Program Compliance - Income Set -Asides Income Category SHIP Fund Expende�s SH P Funds SHIP Funds, Total of Zelumbered Unencumbered SHIP;Funds; Extremely Low $264,744.67 $264,744.67 Very Low $187.304.40 V87,304AC Low $353,839.21 $353,839.21 I S353,839.211 191 1 $31,004.051 21 Totals: $836,892.33 40 $.00 Page 3 W.* Total SHIP I Total # F . .� UnIts E�pjerided - $264.744.67 to $187,304.40 9 $353.839.21 19 1 $31,004.05 0 $836,892.33 ATTACHMENT 2 P267 Moderate $31,004.05 Over 120%.140% 1 1 Totals: $836,892.33 $.00 $.00 Project Funding for Expended Funds Only Income Category -4 Total Funds . Mortga6 is, Loans DPL'i, Mortgages. Loa�s, t, DPL Unit #s Total Funds - III SH 0 Grants SHIP Gnl6t Unitft Extremely Low $264,744.67 10 Very Low $187.304.40 9 I S353,839.211 191 1 $31,004.051 21 Totals: $836,892.33 40 $.00 Page 3 W.* Total SHIP I Total # F . .� UnIts E�pjerided - $264.744.67 to $187,304.40 9 $353.839.21 19 1 $31,004.05 0 $836,892.33 ATTACHMENT 2 P267 Fo" SHIP APJM9 67-37.00%3XI). F.A.C. Effecttva Oate: 11/2009 Form 3 Page 4 ATTACHMENT Z P268 Fon SHIP ARnOO9 67-37.008(3XQ, FA.C. Effeefive Date: 1112009 Rehabilitation Sebastian I I 1 11 '1 Totals: 16 14 10 40 Family Size Totals: 10 23 7 40 Race (Head of Household) List Unincorporated 4 'r - I . and Each 1:1 2-f 4, 5 + 661scrlpti6n Municipality,-.,- Person Peolijw Meople,[ Total - Purchase Assistance Indian River County White 1 I.anic, 1 with Rehab Purchase Assistance Indian River County Purchase Assistance Sebastian 1 1 with Rehab Emergency Rehab Fellsmere I Sebastian I Emergency Rehab Indian River County 3 3 1 7 Emergency Rehab Sebastian 3 3 Emergency Rehab City of Vero Beach I Emergency Rehab I Fellsmere I impact Fee Loan Fellsmere 1 1 Purchase Assistance Fellsmere 6 3 1 3 with Impact Fee 7 Emergency Rehab Sebastian 3 Loan . I 3 Purchase Assistance Indian River County 1 6 4 10 with Impact Fee 1 Impact Fee Loan Felismere Loan 1 Rehabilitation Fellsmere 2 1 1 1 Rehabilitation Indian River County 5 4 9 Rehabilitation Sebastian 1 1 2 Totals: 10 23 7 40 Race (Head of Household) Page 5 ATTACHMENT 2 P269 List Unincorporated.' �Total "and Each - Ijispe Arner-. I Description Municlolity. White Black I.anic, Asian InOlani'06'er, Purchase Assistance Indian River County with Rehab Purchase Assistance Sebastian with Rehab Emergency Rehab I Fellsmere Emergency Rehab Indian River County 6 1 7 Emergency Rehab Sebastian 3 3 Emergency Rehab City of Vero Beach 1 1 Impact Fee Loan Felismere 1 Purchase Assistance Fellsmare 2 1 3 with Impact Fee Loan Purchase Assistance Indian River County 1 9 10 with Impact Fee Loan Rehabilitation Fellsmere 1 Page 5 ATTACHMENT 2 P269 Form SHIP AR12009 6M7.008(3)(0, F.A.C. Effective Date: 11/2009 Zehabilitation I Indian River County 1 1 71 1 1 1 1 Zehabilitation ISebastian 1 21 1 1 1 Totals: is 21 4 40 Demographics (Any Member of Household) Totals: 1 6 7 12 1 27 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside spoiiial Target T&W] #LOf Form 4 Page 6 Al RHIVILN I K P270 L'Isj�unIncQrpoiatd'd z Dovel, andjEach Pikscription mu-nicipallity. .1 less Eldedy, Other. 6ther Total Purchase Assistance Indian River County with Rehab Purchase Assistance Sebastian with Rehab Emergency Rehab Fellsmere 1 1 2 Emergency Rehab Indian River County 41 2 6 Emergency Rehab Sebastian 21 1 3 Emergency Rehab City of Vero Beach 1 1 Impact Fee Loan Felismere 1 1 Purchase Assistance Felismere 1 with Impact Fee Loan Purchase Assistance Indian River County 2 3 with Impact Fee Loan lRehabilitation Fellsmere 0 Rehabilitation Indian River County 1 1 7 Rehabilitation Sebastian 1 1 1 3 Totals: 1 6 7 12 1 27 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside spoiiial Target T&W] #LOf Form 4 Page 6 Al RHIVILN I K P270 Form SHIP AR/2009 67-37.008(3)(0. FAC. Effective Date: 11/2009 Adopted regulations providing up to a 20% density bonus for affordable housing development projects (housing element policy 2.5, Land Development Regulations Section 911.14(4)(a)). Adopted regulations allowing for small lot subdivisions with reduced setbacks, lot size, and lot width requirements (Land Development Regulations, Chapter 911 and Section 971.41 (10)). Adopted policies for expedited permit processing (Housing Element policies 1.5 and 1.6). Adopted policy for review of proposed local policies or regulations which may increase the cost of housing (Housing Element policy 1.7). Adopted a policy for inventory of all surplus county owned land (Housing Element policy 2.4). Adopted regulations allowing zero lot line subdivisions (Land Development Regulations Section 915.15). Established Local Housing Assistance Program, allowing the county to utilize State Housing Initiatives Partnership (SHIP) program funds for the provision of affordable housing (Local Housing Assistance Program, Local Housing Assistance Plan, Housing Element policies 2.7, 3.5. 4.4, 4.6, 4.7, 4.9 and 9.1). Adopting Ordinance or Resolution Number or identify local policy: Identified as part of section "N' above. Implementation Schedule (Date): JAII incenti�es were implemented as scheduled. Has the plan or strategy been implemented? If no, describe the steps that will be taken to implement the plan: IYes Status of Strategy - (is the strategy functioning as intended, I.e. are the time frames being met, etc.): IAll Strategies are working as intended. )ort Services The county, in conjunction with financial institutions, conducts a homebuyers education workshop program for all applicants who request purchase assistance (see attachments regarding homebuyers education program). The county holds Indian River County SHIP Affordable Housing Partnership Meetings with local lenders and real estate professionals to provide updates on office policy changes to the SHIP program and invite them to join the SHIP program. SHIP staff work closely with Habitat for Humanity staff to provide loan assistance to qualified loan applicants in Indian River County, The Indian River County Counci! on Aging provides various services to elderly and handicapped individuals including housing assistance. The Housing Authority and Economic Opportunity Council provides housing assistance to qualified households County staff provide one on one assistance to applicants for completing SHIP applications, resolving credit problems, referring applicants to appropriate financial institutions for acquiring first mortgages and providing other assistance as needed. �County SHIP staff, in conjunction with local financial institutions, non-profit organizations and others, conducts information workshops in the Gifford and Wabasso area of the county which have a high percentage of minorities and low income households. Other Accomplishments Page 7 A! KHMENT 2 P271 Form SHIP AR/2009 67-37.008(3XQ. FA.C. Effecfte Dale: 1112OD9 At the end of June 2015, the Indian River County LHAProgram has approved 40 loans with FY 2014/2015 funding, LHAProgrem staff held several public meetings, placed newspaper advertisements and announcements Because of these efforts, the LHAPrograrn Is well known to the public, and there are many more eligible applicants than the county can assist with available SHIP funds. liability for Public Inspection and Comments FAnnual reports provided to the public through AHAC, Affordable Housing Partnership Group, county planning d ilvislon, municipalities within the county, and the county website. I Homeownership Default & Foreclosure Mortgage Foreclosures A. Very low Income households in foreclosure: 0 B. Low income households in foreclosure: 3 C. Moderate households In foreclosure: 0 Foreclosed Loans Life -to -date: 61 SHIP Program Foreclosure Percentage Rate Life to Date: 3.61 Mortgage Defaults A. Very low Income households In default: 0 B. Low income households in default: 0 C. Moderate households in default: 0 Defaulted Loans Life -to -date: 14 SHIP Program Default Percentage Rate Life to Date: .83 Welfare to Work Programs IPriority is given to Welfare to Work program applicants. Strategies and Production Costs 7 Strategy Average Cost f. Purchase Assistance with Rehab $19,540.79 Emergency Rehab $7,096.90 Impact Fee Loan $5.569.00 Purchase Assistance with Impact Fee Loan $23,579.23 Rehabilitation $33,379.08 Expended Funds Total Unit Count: 40 Total Expended Amount: $836,892.00 Strategy Full Name Address city Zip Expended Unit Code Funds founted� PU s r� edanor Ca 1055 Highland Dr Vero Beach 32962 $18,926.881 E] Assist:nece with IM mese' SW I I I Rehab Page 8 ATTACHMENT Z P272 Fann SHIP AR/2009 67-37.008(3)(f), FAC, Effect[ve Date: 1112009 Purchase Johnson. 1373 Barber St Sebastian 32958 $20,154.70 Assistance with Janecia Rehab Emergency Rehab Bass, Alberta P 6 Box 700546 Wabasso 32970 $5,388.90 Emergency Rehab Coffey, 675 Kenwood DR Vero Beach 32968 $11,183.70 El Barbara SW Emergency Rehab Cohn & 245 Manly Ave Sebastian 32958 $10,849.35 E) Camac, Christopher and Patricia Emergency Rehab Cordle, Roy 71 N Oleander St Fellsmere 32948 $12,498.75 and Joan Emergency Rehab Gallagher, 864 Granduer Ave Sebastian 32968 $9,444.46 Susan & James Emergency Rehab Goncalves, 1816 Highland SW Vero Beach 32962 $3,984.00 El Alaor & Flor OR Emergency Rehab Harrington, 322 Lime Ave Sebastian 32958 $3,482.25 Jamie Emergency Rehab Hays, Linda 2845 Potilla Ave Vero Beach 32960 $7.094.85 Emergency Rehab Parker, 8726 92nd Court Vero Beach 32960 $7,998.00 Kenneth Emergency Rehab Parks, 1386 14th Ave Vero Beach 32960 $3,682.95 Lawrence Emergency Rehab Richards, John 145 44th Ave Vero Beach 32968 $3,599.60 1& Lois Emergency Rehab Steinke, Mary 8756 8th St Vero Beach 32960 $5.956.00 Jeannette Impact Fee Loan Gonzalez, 10058 Grace Ave Fellsmere 32948 $5,569.00 Rauland Leticia Purchase Adderly, 2289 Waterside Lane Vero Beach 32962 $22,560.00 Assistance with Latoya SW ImpacA Fee Loan Purchase Collins, 10060 Grace Ave Fellsmere 32948 $20,569.00 Assistance with Shatonya Impact Fee Loan Purchase Edden,Joel 2261 Waterside Lane Vero Beach 32962 $23,623.00 Assistance with and Mariana SW Impact Fee Loan Purchase Fenelon, 2303 Waterside Lane Vero Beach 32962 $27,560.00 Assistance with Wendy and SW Impact Fee Loan Lucianle Purchase Guerrero, Paul 10064 Grace Ave Felismere 32948 $25.569.00 Assistance with and Armelyn Impact Fee Loan Purchase Jordan, India 2290 Waterside Lane Vero Beach 32962 $22,100.00 Assistance with Sw Impact Fee Loan I I I Purchase IMcGlown, 2262 Waterside Lane Vero Beach 32962 $22.560.00 Assistance with ]George & I SW I Impact Fee Loan ICandace I I Page 9 ATTACHMENT 2 P273 Fann SHIP AR/2009 67-37.008(3)(0, FAL. EffedIve Date: 11/2009 Purchase Nelson, Rosie 2304 Waterside Lane Vero Beach 32962 $22,100.00 El Assistance with SW Impact Fee Loan Purchase Noel, Fabienne 2332 Waterside Lane Vero Beach 32962 $27.100.00 El Assistance with SW Impact Fee Loan Purchase Richardson, 10062 Grace Ave Fellsmere 32948 $25,569.00 El Assistance with Martha Joy Impact Fee Loan Purchase Robbins, 2248 Waterside Lane Vero Beach 32962 $22,560.00 Assistance with Charmini SW Impact Fee Loan Purchase Royals, 2234 Waterside Lane Vero Beach 32962 $22,560.00 Assistance with Nockma SW Impact Fee Loan Purchase Similien, Idalia 2317 Waterside Lane Vero Beach 32962 $22,100.00 0 Assistance with & Somiel SW Impact Fee Loan Figaro Rehabilitation Baker, Beverly 4595 33rd Ave Vero Beach 32967 $49,942.00 E] Rehabilitation Blackmon, 1210 13th Ave SW Vero Beach 32962 $10.864.32 El Annie Rehabilitation Brooks, 2345 18th Ave Vero Beach 32960 $43,982.85 Deatundra Rehabilitation Brown, 2554 2nd St SW Vero Beach 32962 $45.407.50 Teretha Rehabilitation Crowder, Olga 775 Bayfront Terr Sebastian 32958 $27,248.25 Rehabilitation Gonzalez, 1116 13th Ave SW Vero Beach 32962 $5.085.52 Kareline Rehabilitation Harrington, 2495 8th Avenue SW Vero Beach 32962 $37,415.00 El Shirley Rehabilitabon Hazzard, 3995 46th St Vero Beach 32967 $49,689.50 El lBarbara Rehabilitation Luna/Guerrero, 49 S Mulberry St Fellsmere 32948 $46,976.50 Claudia & Fabian Rehabilitation Newsome, 4450 34th Ave Vero Beach 32967 $11.234.50 Elizabeth Rehabilitation Peacock, 1354 33rd Ave SW Vero Beach 32968 $27,61. .00 Christine F���Thomas, 101 Dahl Ave Sebastian 32958 $45,088.00 .Samue I I I Administrative 180,732.17 Administrative expenses for Indian River County I Sub ReciDlents and Consultants IName Business Type .'Strategy Covered.. Responsibility , Amount I Program Income jPrograrn income Funds ILoan Repayment: $217,755.911 Page 10 ATTACHMENT 2 P274 Refinance: Foreclosure: Sale of Property: Interest Earned: $1,771.57 Other (): Total: $219,527.48 Explanation of Recaptured funds Ren' Description 7 Arno. Unt Total: $.00 il Developments Fom SHIP AR/2009 67-37.008(3)(0, F.A.C. EffectNe Date; 11/2009 )evelopment, Owner 4�' Address Zip, SHIP Amount Complian6w, Additional . - . r , - -- I -� - _OPHW� - 4arne V t`—t Code' Units 'Notes Z Indian River County 2014 Closeout Single Family Area Purchase Price The average area purchase price of single family units: 125.8 Or Not Applicable Form 5 Page 11 ATTACHMENT 2 P275 Fam SHIP AR/2009 67-37.008(3)(f). FA.C. Effective Date: 11/2009 Special Needs Breakdown SHIP Expended and Encumbered for Special Needs Applicants d0d q S) Strategies Experided Ainou'n't; Units Amoynt Units 1 Purchase Assistance with Rehab $.00 U nits Arhount 4 Units, 6 Emergency Rehab $20,293.81 2 8 Impact Fee Loan $.00 2 Purchase Assistance with Impact Fee 11-oan $45,120.00 2 1 31 Rehabilitabon $208,680.601 71 Special Needs Category Breakdown by Strategy Provide a description of efforts to reduce homelessness: Providing downpayment, closing cost and impact fee loans that provide long term affordable housing. Rehabilitation and emergency rehabilitation loans to provide long term habitable housing and affordable housing. ATTACHMENT 2 Page 12 P276 xp I E 'eriddd, Ei 6 qqKfW1 eraiii p6cla1,NeedstCatqqqry. Q- un U nits Arhount 4 Units, 27) Purchase Assistance Developmental Disabilities $45JR.00 2 with Impact Fee Loan (3) Rehabilitation Receiving Social Security $208,680.60 7 Disability Insurance (6) Emergency Rehab Receiving Social Security $20,293.81 2 Disability Insurance I I I Provide a description of efforts to reduce homelessness: Providing downpayment, closing cost and impact fee loans that provide long term affordable housing. Rehabilitation and emergency rehabilitation loans to provide long term habitable housing and affordable housing. ATTACHMENT 2 Page 12 P276 LG Submitted Comments: Page 13 Form SHIPAR/2009 67-37.008(3)(0, F.A.G, Effective Date: 1112009 ATTACHMENT 2 P277 Form I Fon SHIP AR/2009 67-37.008(3)(0, FA.C. Effective Date: 1112009 Title: SHIP Annual Report Report Status: Unsubmifted Indian River County FY 2015/2016 Interim -11 Page 1 iii iiiWMENT 3 P278 SHIP Distribution Summary Homeownership Code Strategy I Purchase Assistance with Rehab 6 Emergency Rehab 2 Purchase Assistance with Impact Fee Loan 3 Rehabilitation Homeownership Totals: Rentals Kpanded - hmount Units Encumbered Amount ' . U Unitd $132,048.97 6 $9,707.76 1 $72.671.41 11 Amount Un- its $55,120.00 2 Amount ii�Units $303,604.15 9 $190,050-001 41 $563,444.53 28 $199.757.76 5 Fom SHIP AR/2009 67-37.008(3)(0, FA.C. Effective Date: 1112009 Units Kentai totals: Subtotals: $563,444.53 28 $199,757.76 5 Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds 6'p6ded ' $70,CAO.101 rzr;curmbv�red Totals: il!I�O,W116.32 28 $199,7 57.76 6 $.00. Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund I Source of Funds Ar-nount -i', Expanded ] I Encumberedi, - I I Uhencumbered r Code Strategy Amount Un- its Amoitint, tini ts Amount ii�Units Kentai totals: Subtotals: $563,444.53 28 $199,757.76 5 Additional Use of Funds Use Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds 6'p6ded ' $70,CAO.101 rzr;curmbv�red Totals: il!I�O,W116.32 28 $199,7 57.76 6 $.00. Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund I Source of Funds Ar-nount -i', State Annual Distribution $706,401.00 Program Income (Interest) Program Income (Payments) $130,633.93 Recaptured Funds Disaster Funds I Other Funds I Carryover funds from previous year $3,339.15 Total: $840,374.08 Page 2 Carry Forward to Next Year; $.00 NOTE: This carry fomard amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form I AffACHMENT 3 P279 Form 2 Form SHIP AR/2009 67.37.008(3)(�, F.A.C. Effwfive Dete: 1112009 Page 3 ATTACHMENT 3 P280 Fam SHIP AW009 67-37.008(3)(0, F.A.G. EffeWvo Date: 1112009 Rental Unit Information Description I Eff. 1 Sed Bed Bid F 1", 4 BO :-',I V No rental strategies are In use I Recap of Funding Sources for Units Produced ("Leveractinct") S66reo of Funds Pr;duced through June 30th for Units Amount of Furtals Expanded to Date I% of To�tai Value.. SHIP Funds Expended $563,444,53 41.38% Public Moneys Expended Expanded -To _/. Private Funds Expended $798,093.00 58.62% Owner Contribution Totals: $563.444.53 $199.757.76 .00% Total Value of All Units S1,361,537.53 100.00%J SHIP Program Compliance Co;npilance Category Homeownership Construction / Rehabilitation nary - Home Owni SHIP I Tru ]ram Compliance - Income Set -Asides Flii�ah inds, f%6fTrustFundII. Minima 101.00 106.67%1 65% $01.00 106.67%1 - 75% Income Category SHIPFunds- SHIPFunds-1, SH1_PFunds,-'J , Total'of I To 8" !;k"viiiiable, Expanded pcumbered !tne�ctimberatt I SHIP Fund� i .00% Totals: $563.444.53 $199.757.76 $.00 $763.202.29 .�.' - ': . Funding for Expended Funds Only Extremely Low $71,021.551 Mortgages.' - Coans &' DPLU,nit#s Total Funds, SHIP Grants, SiT.021.55T 8.45%1 Very Low 1 $181,744.941 Extremely Low $71,021.55 1 $181.744.941 21.63% Moderate 1 $44,197.001 $9,707.761 1 $53,904.761 6.41% Page 4 ATTACHMENT 3 P281 Over 120%-140% 1 $.001 .00% Totals: $563.444.53 $199.757.76 $.00 $763.202.29 90.82% Project Funding for Expended Funds Only Income Category Total Funds, Mortgages, - Loans & DPL's Mortgages.' - Coans &' DPLU,nit#s Total Funds, SHIP Grants, SHIP - Grant UnIt#S !4 Total SHIP Fuffds_' Expanded Total # uri-Iti, Extremely Low $71,021.55 3 $71,021.55 3 Very Low $181,744.94 9 S181,744.94 9 Low $266,481.04 12 S266,481.04 12 erate 1 $",197.001 41 1 1 S44,197.00 4 Totals: $563,444.53 28 $.00 0 S563.444.53 28 Page 4 ATTACHMENT 3 P281 Fom SHIP AW009 67-37.008(3)(f), F.A.C. Effective Date: I M2009 Form 3 Page 5 fli InVIIINILIll I V P282 Purchase Assistance Indian River County 21 'kislli- 2 with Impact Fee 1 and Each'. 4 1 Loan H;ma- Aiiier- Fehabilitation Indian River County 31 51 il--- 9 Totals: a 17 3 28 Race (Head of Household) Fom SHIP AW2009 67�37.008(3)(O. FA.C. Effective Date: 11/2009 Totals: is 10 3 28 Demographics (Any Member of Household) List Unincorporated, a 'kislli- and Each'. 4 Firm* DW- H;ma- Aiiier- liescriptio6 Municlpallty�,z: White Black ,anic- Aslir Indian Othii Ttiit�l Purchase Assistance Indian River County 3 2 5 with Rehab Purchase Assistance City of Vero Beach 1 1 with Rehab Emergency Rehab I Indian River County 21 41 1 21 1 1 1 7 Emergency Rehab Sebastian 2 2 1 2 Emergency Rehab City of Vero Beach 2 1 2 Purchase Assistance Indian River County 1 1 2 with Impact Fee Loan lRehabilitation Indian River County 4 5 1 3 2 6 9 Totals: is 10 3 28 Demographics (Any Member of Household) Totals: 8 3 12 23 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside - I ' !§ - peciai Target `�,0640P�FuAl Total#o, Description ' I Group . Exp d6 _Xpended Units Form 4 Page 6 ATTACHMENT 3 P283 List Uninc'orpor'itid - a and Each Firm* DW- H;ma- De;cription Municipality Worker. abled less �Elderly: Other Other T�.tal Purchase Assistance Indian River County 0 with Rehab Purchase Assistance City of Vero Beach a with Rehab Emergency Rehab Indian River County 21 1 5 8 Emergency Rehab Sebastian 2 1 3 Emergency Rehab City of Vero Beach 1 1 Purchase Assistance Indian River County 0 with Impact Fee Loan Rehabilitation Indian River County 3 2 6 11 Totals: 8 3 12 23 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside - I ' !§ - peciai Target `�,0640P�FuAl Total#o, Description ' I Group . Exp d6 _Xpended Units Form 4 Page 6 ATTACHMENT 3 P283 Form SHIP AMAIN 67-37.008(3)(0, FA.C. EffectIve Date: il/nO9 Expended Funds $563,445.00 Strategy Full Name Address city Zip Expended Unit", Cod� Funds Counied Purchase Arnold, 1445 25th Court SW Vero Beach 32962 $16,327.00 E-] Assistance with Michael and Rehab Jennifer Purchase Cisneros, 1220 35th Avenue Vero Beach 32960 $19,456.25 Assistance with Pablo and Rehab Adda Purchase Fortier, William 1825 31st Avenue Vero Beach 32960 $18,908.75 Assistance with and Josie Rehab I Purchase Gonzalez, 2943 6th Street SW Vero Beach 32968 $24.961.00 El Assistance with Elizabeth Rehab Purchase Nightingale, 1104 37th Avenue Vero Beach 32968 $22,762.02 Assistance with Sondra SW Rehab Purchase Soares, 3540 681h Place Vero Beach 32967 $29,633.95 Assistance with Bobbie Rehab I I Emergency Rehab Adorno, Gloria 535 22nd Court Vero Beach 32962 $8,326.40 Emergency Rehab Brown, 2554 2nd Street SW Vero Beach 32962 $4,229.05 Teretha Emergency Rehab Miesma, Tim 244 8 1 st Court SE Vero Beach 32962 $5,096.35 and Mark Emergency Rehab Mitchner- P 0 Box 700445 Webasso 32970 $4,987.50 El Franck, Ruby Emergency Rehab Othmer, Gayle 2126 31st Avenue Vero Beach 32960 $8,166,50 Emergency Rehab Pugliese. 324 5 1 st Street Vero Beach 32968 $4,184.70 0 William Emergency Rehab Put7ke, 1475 29th Avenue Vero Beach 32960 $13,512.60 1:1 Brandon and Mary Emergency Rehab Shuren, Lucille P 0 Box 6751 Vero Beach 32961 $3,101.94 0 Emergency Rehab Tacon, Amy 1558 Saunders St ISebastian 32958 $6,001.32 11 Emergency Rehab White, George 638 Benedictine Ter I Sebastian I 32958 $9.776.50 Ej and Marlene Emergency Rehab Wiggins, Alvin 1696 19th Avenue I Vero Beach B SW r4152 �-55 Page 7 ATTACHMENT 3 P284 Fom SHIP AR12009 87-37.008(3)(0, F-A.C. Effecbm Oale: 1112009 Form 5 Page 8 ATTACHMENT 3 P285 Fom SHIP AR/2009 67-37.008(3XQ, FAC. Effective Date; 1112009 Needs Breakdown SHIP Expended and Encumbered for Special Needs Applicants Cods(s) Strategies Exppirtcle'd Amo titn't Units Encumbered nits U I I Purchase Assistance with Rehab $.00 Units Atn-ouht Units 6 Emergency Rehab $17.671.54 4 3 Rehabilitation $183,199.15 5 (6) Emergency Rehab Special Needs Category Breakdown by Strategy Provide a description of efforts to reduce homelessness: Providing downpayment, dosing rest and impact fee loans that provide long term affordable housing. Rehabilitation and emergency rehabilitation loans to provide long term habitable housing and affordable housing. ATTACHMENT 3 Page 9 P286 Expeirid6d Encumbered, Strategies Special Needs Category -Amount. $12.382.99 Units Atn-ouht Units (6) Emergency Rehab Receiving Social Security 3 Disability Insurance $5,268.55 (6) Emergency Rehab Person with Disabling 1 Condition (not DD) $64,847.00 (3) Rehabilitation Receiving Supplemental 2 ,Security Income (3) Rehabilitation Receiving Social Security I F .4011651 21 Disability Insurance $45,943.50 I (3) Rehabilitation Person with Disabling I '1 Condition (not DD) I F Provide a description of efforts to reduce homelessness: Providing downpayment, dosing rest and impact fee loans that provide long term affordable housing. Rehabilitation and emergency rehabilitation loans to provide long term habitable housing and affordable housing. ATTACHMENT 3 Page 9 P286 LG Submitted Comments: Page 10 Fom SHIP AR/2009 67-37.008(3)(0, FA.G. Effective Date: 11/20D9 ATTACHMENT 3 P287 Form I Fom SHIP AR/2009 67-37.008(3Xf), F.A.C. Effective Date: 1112009 Title: SHIP Annual Report Report Status: Unsubmitted Indian River County FY 2016/2017 Interim -2 Page I Al itiOMENT 4 P288 SHIP Distribution Summary Homeownership Code Strategy 1 Purchase Assistance with Rehab 2 Purchase Assistance with Impact Fee Loan 3 Rehabilitation Homeownership Totals: Rentals ided Encumbered, )unt Units' Amount 1,562.10 1 $110,292.2 2,560.00 1 1 $211.338.75 $44,122.10 2 $221,630.99 Form SHIP AR/2009 67-37.008(3)(Q. F.A.C. Effective Date: 1112009 1 51 $317,862.48 6 $717,862.48 Units Rental Totals; Sublotals: $44,122.10 2 $221,630.99 6 $717.862.48 Additional Use of Funds Use-'-- '1� Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds Expanded $91,621.30 I' Uniiniui�beiedl I r - Totals: "$144,113.07 2-i�'_$Z21,630.01�� 6_,, _ $717,862.48, - 25 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund ,,Source of Funds, , . i , '�� -: I Expanded '- F� - E - nednibered 'I — -luriencumbered; Program Income (Payments) $167.393.54 Code . Strategy Amount Units ount Arn ', , I Units Arn6unt _ - nits' I U, Rental Totals; Sublotals: $44,122.10 2 $221,630.99 6 $717.862.48 Additional Use of Funds Use-'-- '1� Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds Expanded $91,621.30 I' Uniiniui�beiedl I r - Totals: "$144,113.07 2-i�'_$Z21,630.01�� 6_,, _ $717,862.48, - 25 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund ,,Source of Funds, ';j'Amount State Annual Distribution $916.213.00 Program Income (interest) Program Income (Payments) $167.393.54 Recaptured Funds Disaster Funds Other Funds Carryover funds from previous year $.00 Total: $1,083,606.54 Form 2 Page 2 Carry Forward to Next Year: $.00 NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 Al jAcKj�ENT 4 P289 Rental Unit Information D'escrlptI6 - I I - Eff. I'Sed '2 Bed V No rental strategies are in use Recap of Funding Sources for Units Produced ("Leveraclina") Fom SHIP ARf2M 67-37.008(3)(0, FAC. Effective Date: 1112009 , -3 Bad T-- 4 Bed. Se'urceoffunasOroduced' throu6b June 30th for Units AmoGntofl7unda­E�tpended . to Date % of Total Valud - SHIP Funds Expended $44.122.10 10.7 5 17. Public Moneys Expended Homeownership 1 .00% Private Funds Expended $363,390.00 88.50% Owner Contribution $3,100.00 .75% Total Value of All Units $410,612.101 100.00%1 SHIP Program Compliance Summary - Home Ownership/Construction/Rehab Iram Compliance - income Set -Asides Income.Category Compllan�e Category. I: SHIP Fuii�s' 'at F " d Tru un a % o 6 rid fTru tFu' FL Statu to Minimum % Homeownership 1 $983,615.571 $916.213.001 107.36% 65% Construction / Rehabilitation 1 $983,615.571 $916,213.001 107.36% 7 Iram Compliance - income Set -Asides Income.Category SHIP Funds SHIP Funds SHIP Funds Total of' D Expetfded' 'Encumbered, Unencumberede SHIPFunds Avallabli, Fi5ddi % Extremely Low $.001 $71,824.00 $100,000.00 $171.824.00 15.86%1 Very Low $.001 $.00 $265,862AS $265,862.18 24.53%1 Low $44.122.101 $139.514.75 $150.000.00 $333.636.85 30.79% 10ver 120%-140% 1 $.001 1 I Totals: S44.122.10 $221,630.99 $717,862.4f Project Funding for Expended Funds Only Income Category Total Funds- Mort ages,- Total'Funds SHIP -9 Mortgages, Loans & �SHIP Wants Gran Loans&DPL!s Opt Unit Ns unit III Extremely Low $.00 Very Low $.00 Low $44,122.10 2 erate $.001 Totals: $44.122.10 2 $.00 Page 3 M# TotaISHIP J�TotaWl Funds I Y.nits Expanded' .1 $44.122. 0 $44.122.10 ATTACHMENT 4 P290 Fom SHIP AR/M9 67-37.008(3)(0. F.A.C. Effective Date: 1112009 Form 3 Page P291 Fom SHIP AR/2009 67-37.D01)(3)(1), FA.C. Effective Date: 1112009 Totals: 2 2 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside T 02* at �Ta t: d6ended Funds E;tteon'dad Ufnits. Form 4 Expended Funds $44,122.00 Strategy Full Name, Address Clty,e Zfp,i � Expended Unit' 111�e " — 5 . - 1. Code Funds Count kt " . List,Uhlnco tid rpqra 0 I .� � � - - . Devel., ' .. . . - . I Jamie &id Each' Va r—M Dlslr.� ffor�e_, Rehab biscrII36o'n',. WnIcIpality, WoTI&-r abled IeP6 Elderly Other, OtWer T�tall Purchase Assistance Indian River County Assistance with and Noel, SW I I 0 with Rehab Juliett I Purchase Assistance Indian River County 2 2 with Impact Fee lLoan Totals: 2 2 Special Target Groups for Funds Expended (i.e. teachers, nurses, law enforcement, fire fighters, etc.) Set Aside T 02* at �Ta t: d6ended Funds E;tteon'dad Ufnits. Form 4 Expended Funds $44,122.00 Strategy Full Name, Address Clty,e Zfp,i � Expended Unit' 111�e " — 5 . - 1. Code Funds Count Purchase McNulty, 8856 104th Court Vero Beach $21,562.101 E] Assistance with Jamie I Rehab Purchase Sanon, Osnel 12123 Waterside Lane Vero deech� 32962 $22,515&00 0 Assistance with and Noel, SW I I I Impact Fee Loan Juliett I Form 5 Page 5 Indian River County 2016 Interim -2 ATTACHMENT 4 P292 Fom SHIP AW2009 67-37,008(3)(f). F.A.C. Effedive Date: 11/2009 Special Needs Breakdown SHIP Expended and Encumbered for Special Needs Applicants bod.e(s) 'Amount Units Arnc�unt. Units 1 Purchase Assistance with Rehab Amount I: I , Urms 2 Purchase Assistance with Impact Fee Loan $136,338.75 I 3 3 Rehabilitation $136,336.75 3 Special Needs Category Breakdown by Strategy Provide a description of efforts to reduce homelessness: Providing down payment, closing cost and impact (ee loans that provide long term affordable housing. Rehabilitation and emergency rehabilitation loans to provide long term habitable housing and affordable housing. LG Submitted Comments: Page 6 ATTACHMENT 4 P293 'E�Osnded 'Units Encumbered Stralbegibs Special NePd1sLCa6q4 Amount I: I I Amount Urms (3) Rehabilitation Receiving Social Security 10isability $136,338.75 I 3 Insurance Provide a description of efforts to reduce homelessness: Providing down payment, closing cost and impact (ee loans that provide long term affordable housing. Rehabilitation and emergency rehabilitation loans to provide long term habitable housing and affordable housing. LG Submitted Comments: Page 6 ATTACHMENT 4 P293 State Housine Initiatives Partnership (5!j1JP Program Annual Report and Local Housin Incentives Certification On Behalf of Indian River County (Local Government . ), I hereby certify that: 1. The Annual Report information submitted electronically to Florida Housing Finance Corporation is true and accurate for the closeout year 2014/2015 and interim years 2015-2016 & 2016-2017 2. The local housing incentives or local housing incentive plan have been implemented or are In the process of being implemented. Including, at a minimum: a. Permits as defined in s.163.3164 (15) and (16) for affordable housing projects are expedited to a greater degree than other projects; and b. There is an ongoing process for review of local policies, ordinances, regulations, and plan provisions thatincrease the cost of housing prior to their adoption. 3. The cumulative cost per newly constructed housing per housing unit, from these actions is estimated to be $ 0.00 4. The cumulative cost per rehabilitated housing per housing unit, from these actions is estimated to be $ 0.00 Staff Member responsible for submitting annual report to FHFC: Sasan Rohani Witness Signature Date Witness Printed Name Witness Signature Date Witness Printed Name or Signature Date Chief Elected Official or Designee Signature Date Inseph E- F1 q'rhpr Chief Elected Official or Designee Printed Name ATTEST (Seal) ATTACHMENT 5 420.9075(10) Each county or eligible municipality shall submit to the corporation by September 15 of each year a report of Its affordable housing programs and accomplishments through June 30 immediately preceding submittal of the report. The report shall be certified as accurate and complete by the local government's chief elected Pfficial or his or her designee. Transmittal of the annual report by a county's or eligible municipality's chief elected official, or his or her designee, certifies that the local housing incentive strategies, or, If applicable,.the local housing incentive plan, have been implemented or are in the process of being implemented pursuant to the adopted schedule for implementation. P294 ? C� INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director Department of Emergency Services FROM: Brian S. Burkeen, Assistant Chief Department of Emergency Services DATE: July 31, 2017 SUBJECT: Approval of Renewal for a Class "E" Certificate of Public Convenience and Necessity for Senior Resource Association to Provide Wheelchair Services. It is respectfully requested thatthe information contained herein be given formal consideration bythe Board of County Commissioners at the next scheduled meeting. Background: On August 18, 2015, the Indian River County Board of County Commissioners approved a renewal of Class "E" Certificate of Public Convenience and Necessity for Indian River County Senior Resource Association to provide Wheelchair transportation originating within Indian River County. This certificate was necessary in order to comply with Indian River Code ofLaws and Ordinances as specified in Chapter 304. The certificate was approved and renewed for a period of two (2) years and will expire October 2, 2017, and the renewal process should be accomplished prior to that date. The Indian River County Code provides for routine renewal of the EMS Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class "E" certificate has been submitted by Senior Resource Association. Staff has reviewed the application and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. FUNDING: There are no funding requirements for this item. P295 RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class "E" Certificate of Public Convenience and Necessity for the Senior Resource Association, to be effective for a period of two (2) years from October 2, 2017 to October 2, 2019. ATTACHMENTS: Renewal Application From Senior Resource Association 2. Two (2) Original Class "E" Certificate of Public Convenience and Necessity for the Senior Resource Association for Chairman's Signature P296 INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES 0 APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) 4svoct Psgeclb.1411. 111c. M� 7, APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. El This is a new application; fee is attached. *KThis is a renewal of our present COPCN. 0 This is a renewal of our present COPCN with ownership or classification changes. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A 0 _BLS —ALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B 0 _BLS —ALS Agencies that provide non -emergency ambulanceinter-facility medical transport at the ALS/BLS level. Class C 0 — BLS —ALS Agencies that provide non- , emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D 0 _BLS — ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. ... Class E ' .4 aWheelchair —Wheelchaiir/Stretcher-aAmbulatory Transport Agencies that provide wheelchair transportation service only where said services are paid for in part or in whole either directly or indirectly with government funds. Class El 0 — Wheelchair — Wheelchair/Stretcher — Ambulatory Transport Agencies that provide wheelchair vehicle service where said services are not paid for in part or in whole either directly or indirectly with government funds. UABeth%Beth Casano E0MG0PCMRENEWAL PACKETS\COPCN Applimfion.doc 17 P297 H. COMPANY DETAILS 1. NAMEOFAGENCY: LOW 14�0,/r4c, MAILING ADDRESS: u Y5 q It -1 A/6 - CITY \Itr& dla;C4 —COUNTY—JAJI&A kivw ZIPCODE: JAio'7 BUSINESSPHONE: 272- ULU* 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): r 'i 3. MANAGER'S NAME:— ?,L4A 4all G50 ADDRESS: 0`1 lql� swo, oet-A, PHONE #: 77a 50- 0111 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME ADDRESS POSITION k-W'A bol CPO C�epyj S�tt�JAJ 11 CPO 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE# 49f D 772-S�1-5355 CU'r-hes striace, 074 Did Wit 77a -770-S755 Apo sft-Ff IN 177% S� 774 �44�- /110 U:\BethXBeth Casano EMCOPMRENEWAL PACKETS\COPCN Appli�fion.doc 2 P298 6. FUNDING SOURCE: �DC 01 , I Nt - rt#trc4 tt f 7. RATE SCHEDULE ATTACHED? YES 0 NO D N/A)( 91 LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB -STATIONS: 9 5 `13c -d 4v& , Voc, Sttc�, Fl- 114-7 Ill. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: I dstl,�s XCr zA5 Frbo- Atof gAd ?Awe Sowl 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) .741- k7a 3. LIST ALL HOSPITALS AND OTHER'EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: 640 FROM A"BtItAl4eE FROM BASE STATION UABeth%Beth Casano EWCOPMRENEWAL PACKETS\COPCN Appli�tion.doc P299 IV. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH THIS APPLICATION: <I=NI::VVAL APPLICANTS FOR CLASSES A -D NEED ONLY #'s 4 - RENEWAL APPLICANTS FOR CLASSES E AND E-1 NEED ONLY 1. Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. 2. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you Wish to be considered. 3. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4-5 4. Copy of Standard Operating Procedures. 5. Copy of Medical Protocols. Personnel Roster. For each employee provide the following: ft Name — Last, First and Middle Initial Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. 9. Fee Schedule Incl: Service Type, Base Rate, Mileage, Waiting & Special Charges UA�ffffi\Beth Gessno EWCOPMRENEWAL PACKETMOPM Applicaflon.doc P300 Copy of your insurance policy — must show coverage limits — Vehicle Information. For each vehicle provide the following: a. Make, Model, Year, Manufacturer b. Mileage c. VIN # d. ' Tag Number e. Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A -D classification) Personnel Roster. For each employee provide the following: ft Name — Last, First and Middle Initial Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. 9. Fee Schedule Incl: Service Type, Base Rate, Mileage, Waiting & Special Charges UA�ffffi\Beth Gessno EWCOPMRENEWAL PACKETMOPM Applicaflon.doc P300 W NOTARIZED ST Applicant Name I Suslinees Name of Semice above named service meets all the r( with , all,applicable provisions of Che Services. ApplicantName Buainess Name of Semice the above named service will provide week tid.4is. I do hereby attest that th requirements for operation of an amb provided 16 Chapter 461, Part [ll,.Flori Administrative Code, and that I Agree 304, Life'SuppoftServices. I further acknowledge that disci period of the Certificate of Publ this service and its�authorized i penalty provided in the referent knolvirledge, all statements on tt Before me personally appeared the said that he/she executed the above hist I rument knowledge of the purpose thereof. Sworn 1��\M 201_1 1-/ , I NOTARYPUBUC U'.N8eth\Beth Casano ECICACOPCIAREENFWAL in Statements as � the Er. its, of, and that I Life Support an ilicable. resentative of Attest that the Iree to comply the reliresentative of ,do ilateby attest that inuous service on a 24-hour, 7 -day 3.ve. ri.amed.se.rvlce!n�lets all the ceserviceintheSta ofFloridaas lat6tes, Chapter 64,E- , Florida 3mply with all.the pir4ltlons of Chapter discovered durl(Ig the effective ilence and NiaceEislty , will subject atives . to correc6e Action and rity and that to teie best of my ition are true an I correct -712 e117 LNT MGhlAtURE 1' DATE t Oj who says own free will and ail:cord, wlt�-full ibed in my presenC4 this ol%z) LA day -of My commissiol expires: ()Upaj,21 tKATIE STEPHENSON 00tarYPUNC-Stateofflorida Commission I GG 114181 021 4'M ,,.W Myqomm. Expim Jun 12,2021 5 P301 SEN1005 OP ID: 31 CERTIFICATE OF LIABILITY INSURANCE DAM IMMMONYYY) � 05103/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION =VT subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate doe 0 f�r rights to the certificato holder In lieu of such andorsement(s). PRODUCER 386-252-9601 Brown & Brown of Florida, Inc. DTona Beach Office P. Box 2412 Daytona Beach, FL 32115-2412 Chris Tolland WTACT COURTNEY CROWN ME H-� 6-262-9601 IFM W)..386-23"729 ;LC ND UVVNLq!W0UAT I UNAAUM INSURE]US) AFFORDING COVERAGE NAIC A INSURERA:Arch Insurance Company 11150 INSURED SENIOR RESOURCE ASSOCIATION, INC WSURER0,Assoclated Industries Ins Co 23140 101011120`17 694 14TH STREET INSURER C: INSURER D VERO BEACH, Fl- 32960 E.1! COVERAGES CERTIFICATE NUMBER, R SION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCUJSIONS AND CONDITIONS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR Im- TYPE OF INSURANCE DOL NSO SUSRI VIVO POUCYN MBER PGUCYEFF MUICYEXI' LIMITS A X COMMEMIALGENERALUABILITY C�AIMS-MAOEFXJ OCCUR AAPKGO009400 10101/2016 101011120`17 EACH OCCURRENCE S i'000'-000 s 600,000 7 MED EXP (AN we jnnm) S 20,000 PIERSONAI-&ACV1WURY S 1,000,000 GENL AGGREGATE UMF APPUES PER POUCY F� LOC GENERA- AGGREGATE $ 3,000,000 PRODUCTS - OOMPIOP AGO S 3,000,000 S OTHER A AUTOMOBILEUMERUTY COMSINEDSINGLEUMIT 1 000,005 Me acddentl S ANY AUTO OVNED F71 SCHEDULED ALTOS ONLY AUTOS AAAUT0009400 1010112016 1010112017 BODILY NjURy (pw �n) S BOOLY INJURY Wer 9=kWt) S Hb% ONLY A H rN0.PERQt?AMAGE S W PIP S 10,000 A UMBRELLA LIAS OCCUR EACH OCCURR EWE 1 2,000,000 EXCESS UAB CIAIMS-MADE ALAFXS0009400 1010112016 `10101/2017 AGGREGATE $ 2,000,000 DED [ X I RETENTIONS NIL s WoRmns COMPIENSATION AND EMPLOYERS' LABILITY YIN MYPROPRIETORPARTNERIEXECUTIVE == MUUDED? d W�� R12ON OF ORERKnONS o� NIA AWC1083633 041`01/2017 04/01/2018 X I STEARTUM I I OTH- ER E -L EACH ACCIDENT S 1,000,000 E.L DISEASE - EA EMPLOYEE S 1,000,000 E.1- DISEASE - POLICY LIMIT S 1,000,000 A CRIME AAPKGOOD9400 1010112016 1010112017 EMPLTHEF 100,000 DED 1.000 DESCRI"CNOFOPERIknONSILOCA-DONSIVENICUES (ACOM101.AMM�Rem�S��du*,my�aft�Nmmammh�OmdI CERTIFICATE HOLDER r!AMr91 I ATft1M SENIROS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SENIOR RESOURCE ASSOCIATION ACCORDANCE WITH THE POLICY PROVISIONS. INC AUTHORIVED RIEPRIESENTATIVE 69414TH ST VERO BEACH, Fl- 32960 �A zw ACORD 26 (2016103) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD P302 P303 Senior Ranource Ananrlatinn Vahirl. 1..nfn� SRA Year I Make TacF# Model VIN # Mileage 7.1.2017 Passenger Capacdy 163 2004 FDR X0671 B 16'VAN TERRA 1 FDWE35LX3HB39Z9-- 256,022 11 Amb, 2 WC 184 2004 FDR X06728 16'VAN TERRA 1 FDWE35L23HB40066 401,400 11 Amb, 2 WC 186 2004 FDR X06738 16'VAN TERRA 1 FDWE35L63HB40068 326,556 11 Amb. 2 WC 188 2005 FDR X0675B 16'VAN TERRA 1FDWE35L45HB24826 162,494 11 Amb. 2 WC 191 2005 FDR 231376 16 VAN TERRA 1FDWE35L76RA12720 194,661 11 Amb, 2 WC 192 2006 FDR -FD-R 231374 16 VAN TERRA IFDWE35L56HA26499 175765 11 Amb 2 WC 194 2006 231379 16! VAN TERRA 1 FDWE35L976HA43742 189,530 11 Amb, 2 WC 196 2005 FDR 231382 16' VAN TERRA IFDWE35L65HB24827 187,560 11 Amb. 2 WC 197 2005 1 FDR 231383 16! VAN TERRA 1 FDWE35LX5HB24832 171,007 11 Amb, 2 WC 198 120061 FDR 1 231381 16 VAN TERRA IFDWE35Ll5HB24833 141,642 11 Amb. 2 WC 200 120061 CVY 1 236577 5550 (Dis) 31 - Bus 1GBESV1236F407020 321,176 24 Amb, 2 WC 202 120071 CVY I TA1725 16' TURTLE TOP 1 GBJG31 UX71109075 458,843 11 Amb. 2 WC 205 71 ��Vy 2999 WTURTLE TOP IGBJG31U371136635 228,612 11 Amb, 2 WC 206 2007 CVY X82997 16'TURTLE TOP IGBJG31UO71137760 203,740 11 Amb, 2 WC 207 2007 CVY X82998 16' TURTLE TOP IGBJG31UO71138472 241,130 11 Amb. 2 WC 208 2007 CVY 220295. GLAVAL 31'- Bus 1GBE5VI947F422463 246.750 24 Amb. 2 WC 209 2007 CVY 1 2202961 GLAVAL 31'- Bus IGBE5Vl9X7F422676 283,02 24 Amb. 2 WC 210 2009 GIVIC 220315 1 GLAVAL 31- - BUS 1GDE5Vl939F402733 227,530 24 Amb. 2 WC 211 2009 GIVIC 220316 1 GLAVAL 31' - BUS 1GDE5Vl999F40283T- 282,884 24 Amb. 2 WC 212 2009 GIVIC 1 220317 1 GLAVAL 31' - BUS 1GDESV1919F402925 240,706 24 Amb, 2 WC 213 2009 CVY I X5595B 16'VAN TERRA IGBJG3lKl9ll66301 160,962 11 Amb. 2 WC 214 2009 CVY X5592B 16'VAN TERRA 1 GBJG31 K49116742-6 -165,034 11 Amb. 2 WC 215 12009 CVY X5593B 16'VAN TERRA 1 GBJG31 K591167709 191,251 11 Amb. 2 WC 21612009 - CVY I X2693B - 16'VAN TERRA 1 GBJG31 K491167460 183.213 217 2009 CVY TX 5594B 16'VAN TERRA 1GBJG3lK491166499 185,102 11 Amb, 2 WC 218 2009 GIVIC 1 230547 GLAVAL 31' - BUS 1GBE5Vl929F407981 290,981 24 Amb. 2 WC 222 2009 _GM] 230543 GLAVAL 31' - BUS IGBEW194917413183 292,448 24 Amb, 2 WC 228 2015'-CHBUTTC6333 27'Intemational Bus SWEXWSKKODH383661 171,365 16 Amb, 2 WC 229 2013 CHBU I TC6332 1 27' International Bus 5WEXWSKK2DH383662 176,709 16 Amb, 2 WC 230 2013 CHBU TC6331 27'International Bus 5WEXWSKK4DH383663 137,094 16Amb,2WC 231 2013 CHBU TC6330 27' International Bus 5WEXWSKK6DH383664 171,165 16 Amb, 2 WC 232 2013 GIL TD2113 29'Gilli-q 15GGE2719DIO92339 198.329 32 Amb, 2 WC 233 12013 GIL TD2114 35'Gillig 15GGB2712DII80870 131,637 32 Amb, 2 WC 234 12013 GIL TD2115 35'Gillin 15GGB2714DII80871 138,144 32 Amb. 2 WC 235 2012 VPG X74745- Mvl 523MFIA65CM101230 38,370 4 Amb. I WC 237 2012 VPG X7475B mvi 523MFIA62CM101556 18,996 4 Amb, 1 WC 238 2012 VPG X7479B mvi 523MFIA60CM101572 33�543 4 Amb, 1 WC 239 2013 FRD I X7481B I Champion i FDFE4FS6DDA92981 28,951 14 Amb, 2 WC 241 2015 GIL I TD7753 29'Gillia 15GGE2712FI092928 138,430 32 Amb. 2 WC 242 2015 GIL I TD7754 29'GIIIIg ISGGE2712FI092929 130.224 32 Amb, 2 WC 243 2015 FRD ItFWY 16'TURTLE TOP 1 FDWE3FL3FDA28063 21,333 11 Amb, 2 WC 244 .2015 FRID [EFOAgi 16' TURTLE TOP 1 FDWE3FL7FDA28065 30.517 11 Amb. 2 WC 24512016 G IL r M5 29'Gilliq 623MFlA62CM101556 23,640 3-2.A..m..-b, 2- WC 246 2016 RD F23�1 24' Turtle Top I FDFE4FS6FDA35294 3,901 14 Amb, 2 WC �47 2016 FRID TF2320 24' Turtle Top IFDFE4FSBFDA35295 4,478 14 Amb, 2 WC 248 2016 FRID I TF23 24'Turtle Top IFDFE4FSXFDA35296 2,786 14 Amb, 2 WC 249 2016 FRD [Yr -13 29 Turtle Top Odyssey I FDGF5GYGECO68- 51 30,785 16 Amb, 2 WC 250 2016 FIRD I rF-S hl I I 29Turtle Top Odyssey 1FDGF5GY7GECO6852 1 46,736 16 Amb, 2 WC P304 DEPT CD -1 NAME ADDRESS CITY T- STF 71P DATE OF BIRTH FLORIDA DRNdER LICENSE NUMBER EXPIR ES BRA C jAppleby, William 14116 611h Court Vero Beach FL 32960 . 3/121`1956 A 1 4 119 2 61 61 81 01 91 2 0 311Z7019 BRA C Sepler, Cam] 617 Fischer Hammock Rd. Sebastian FL 32958 12/27M947 8 11 4 611 11 9 4 7191617 0 1212712019 BRA IS Slazuk, John Joseph 6200 Stith. St # 99 Sethastlan IFL 32958 10/15/1950 B 4 2 214 7 0 5 0131 7 5 0 10/1512020 BRA B Cantrell, Anthony 8315 Pine Ridge Trail BarefootBay FL 32976 9/1811963 C 6 3 618 0 3 6 31313 8 0 9118/2017 BRA C Dave, Roger 736 29th Avenue Vero Beach Fl- 32960 11/11`1943 D 1 2 01 7 2 6 4 31410 1 0 IV11201 BRA A Elm, Norman 1381 Olde Bailey Ln — West Melbourne FIL 329G4 8/911842 D 0 0 016 2 3 2 2 8 9 0 4 8WM20 BRA C Forste, Robert 707 S Easy Street Sebastian FL 32958 110t311947 F 6 2 3 7 6 6 4 7 3 6 3 0 1013/2022 SMA A Houston, Richard 3418 63rd Square Veno Beach FL 329661 9/1211%7 H 2 3 5 7 5 4 4 7 3 3 2 0 9/12/2022 BRA ; B Lavvrenw, Rebectui 80 S Harbor Or Vem Reach FL 32960 812M984 L 61 5 2 7 3 1 6 4 7 8 21 01 8W2019 SR S A E Millar. Rosemary 3345 14th Street Vero Beach FL 32960 10/411958 M 416 0 7 2 6 6 8 8 6 4 0 101412017 BRA 1 8 Jackson. Artath.15 4536 34th Ave Veno Beach FL 132967 1118/1989 J 21 5 0 0 0 5 6 9 5 1 8 1 1/1812019 BRA I B MurDhv. Charles 8275 99th Avenue Vero Beach Fl. 132967 3/2111943 M 61 1 0 1 5 2 4 3 1 0 1 0 312112022 BRA I C Orsek. Robert J I D46 Warbler Court Barefoot Bay FL 132976 11/12/1947 0 612 2 7 7 0 4 7 4 1 2 0 11/12J2022 BRA 1 2 Potter David 2023 St Lucie Blvd #98 Fort Pierce FL 1 34M 8/1411955 P 316 0 1 6 0 5 5 2 9 4 0 8114120`17 ,U B 1� Reed, Connie 155 191dare Dr Sebastian FL 132958 10/18/1950 R 310 0 1 1 6 5191817 a 0 10/18/2020 BRA I B Reloel, Beverly 1902 Stresumlet Ave Sebastian FL 32958 5/9/1951 R 214 0 0 6 1 6111616 9 0 51012021 BRA 1 6 Richards, Carrol 1225 1 6TH Ave BW �s Vero Beach FL 32962 11h9/1963 R 21 6, 3 11115 6 3 9 1 9 0 11119/2021 BRA I C Sims. Robert 1370 28th Avenue Vero Beach FL 32980 1118/1941 S 61210 71712 4 1 4 0 8 0 iitaw% BRA I B Andrsyns. Matfle 1646 2TSt PI Sw 2h Vero Beach FL 32962 gri/i955 A 51 31 6 61 61 11 5 6 8 2 3 0 913/2019 SRAI A Baldiste. Jean 1755 4lSt Ave Vero Beach FL 32960 7/17/1983 J 61 21 2 41 21 0 6 3 2 5 7 0 7/1712021 BRA I A BdtL Mark 7746 101 StAve Veno Beach FL 32967 512111960 6 61 310 5 61 7 6 0 1 8 1 0 6/21 021 BRA I B Cisneros Pablo 3 Larnpilghter Ln V Teno Beach FL 32960 21`1711969 C 21 516 6 61 6 6 9 0 5 7 0 2/1712018 BRA 1 8 Dian. Bew 2545 85th Ct Vero Beach I " FL 32965, gr7/1972. ID 61010 0 717 7 2 2 8 7 0 a(7/2023 BRA 1 6 . Greham. Nancy 1840 Woodland Cir apt 306 Veno Beach FL 32967 1 511 1972 G 6 510 6 31 2 7 2 6 7 2 0 6/12t2019 BRA I A Mill. Claude 581 Belfast Ter Sebastian Fl- 329581 21`1411956 H 4 010 1 0 3 6161 01 5141 01 2J14/2020 BRA 8 Rilev. Andrea 4896 33rd Am Veno Beach Fl- 329671 10130/1984 3 J 6 2 0 0 1 3 8 41 81 91 01011013012021 BRA A Mine. John 18585 tooth Ct Sebastian FL 329671 614/1980 2 K 4 6 014 6 2 6 01 21 014101 614/2018 BRA B McDonald, Ton" 1521 7th Ln Sw Vero Beach FL 329621 7/2411969 2 M 2 3 618 1 2 6 9171614101 712412019 BRA A Ospina, Jhon 1586 S Easy St Sebastian FL 32968 51911965 0 2 1 6 4 3 0 6 1 0 6 9 0 SW020 BRA B Robinson, Ametha 14118 39M Dr Vero Beach FL 329671 11118/1958 _1 R 1 6 2 0 0 4 5 8 9 1 8 0 4 11118/2020 BRA B Scott.8andnaton 1591 Nw Setvb Rd Port St Lucle FL 349831 5tlg/1957 S 3 0 0 0 6 0 5 7 1 8 9 0 0 512M020 BRA B Sears. Tony 14605 38th Cir Apt 205 Vem Beach FL 32967 9118/1975 4 S 6 2 0 i 0 7 6 3 3 8 0 qjjSt2F2F BRA A Storey, Joeswffis 12660 68t hSq Veno Beach — FL 32067 10/15/1980 S 3 6 0 4 2 0 6 0 3 7 6 0 10115/2022 BRA B tlnen%rd� carlet Oak Cir Vero Beach FL 32966 411711964 — — — — — — U 6 5 0 6 6 5 6 4 1 3 7 0 — 4117/2023 BRA I A n Is Robert 55071st Clr#102 Vero Beach FL 32966 SQ811944 6 4 5 2 7 7 0 4 4 3 0 8 0 &2612023 BRA I B Cicero, Francis 18775 20th St #277 Vero Beach FL 32966 9114/1M C 2 6 0 2 5 6 4 6 3 3 4 0 9/14/2023 SRAI B Kest Stevens 921 Turtle Cove Ln Vem Beach FL 32963 12/4/1966 K 3 0 0 71910 5 5 4 4 4 0 121412023 SRAI B Coullon. Martha 203 16th St SW Vero Beach Fl. 32982 6117/1965 C 4 3 6 61414 6 5 6 7 7 0 5/1712022 BRA B Jasper, Terri 1355 25th A" SW Veno Beach FL 32962 618/1980 J 1 2 1 6 81112 610171116101 6/16/2024 BRA 8 Heindl Michael 351 Decoidre Rd BE Palm Bay FL 32909 "11958 H 6 3 4 $1510 6181218 6 0 802021 BRA 8 Gonzalez, Robert 776 16th Ave Veno Beach FIL 32960 12/2211963 G 5 2 4 7 2 0 6 31416 2 1 12/2212022 ,BRA B Ramirez, Ricardo TT6 16th Ave Veno Beach FL 32geO 713011978 R 5 6 2 7 2 0 7 81217 0 0 7/30/2024 BRA E Socomo, Norsidis 472 Citrus A" Sebastian FL 32958 101111971 S 2 6 0 6 2 0 7 1 8 6 1 0 1011/20J8 BRA E ArboledsOsmr 2505 ooldwidge Sq SW Veno Beach FL 32982 111101195e A 6 1 4 6 4 6 6 6 4 11 0 0 11/1012022 BRA C Normil Flame 1127 W 13th Sq Vero Beach FIL 32960 116/1955 N 6 5 4 6 6 2 6 6 0 0 6 0 116/2024 BRA A Memo. Adel 1428 18th Ave Vero Beach FL 32960 OR11965 111 6 2 6 0 0 0 6 5 3 2 7 0 SV7/2020 BRA B Terpsk, Peter 1308 Meadow, Lark Or Sedona AZ 8633e 7/15/1946 T 6 1 2 6 6 0 4 6 2 6 6 0 7hS12026 BRA B Collins, Ids 12343 Old Dbde Hwy Vero Beach FL 32962 1101711955 C 4 5 2 4 0 2 6 5 7 0 7 0 8/1712019 SRAI E Merr1w. Rose 4087 42nd Sq. Veno Beach FIL 32967 5119/1976 M 6 2 2 7 3 3 7 6 6 7 9 0 611912018 Povvers, Clarissa $436 99th Ave Vero Beach FIL 32957 315/1969 P 6 2 0 11 0 6 6 9 6 $16101 31512020 BRA! B Yeasiev Geneva 6040 Indro Rd Apt 6 Fort Pierce FL 134951 5/2/1962 B 2 410 2 8 0 . 6 2 6 612101 5r2/2022 SRAI A Mandara. George 7995 91 St Ave Vem Beach FL 132967 2/16/1972 M 53 6 3 0 1 7 2 0 5 6 0 2116/2019 SRAI 8 Almedum, Luis 1880 Woodland Cir 201 Vew Beach FL 132967 11/1511979 A 45 3 6 2 1 7 91411 6 0 111111512023 BRA B Foster, Jimmie 920 SW 23 rd P) Tero Beach FL 32962 811SM959 F 2 3 6 4 2 5 5 9 1211 9 0 6/18/2022 BRA E Beecher. Richard 619 S Easy St Vero Beach Fl. 32058 1/1211048 B 26 0 7 4 3 4 8 0 1 2 0 111212021 BRA E Boronsid, Robert 8775 20th St Lot#.275 Vero Beach Fl- 32906 7/2911942 B 6 5 2 7 6 6 4 2 2 6 9 0 7129/2025 BRA B Lawler. Jecouetvn 324 Killarney Cay Vero Beach FL 32966 2171 16 0 4 2 7 6 6 6 4 7 0 V712025 BRA A CaDavid Walter 5880 24th St Vew Beach FL 32966 2120/11958 C 311 13 19 0 0 5 8 0 6 0 0 2120=25 BRA E: Mzuti�� Made i8136 9ith CT Vero Beach RL 32967 12/1/1973 M 6T3 5 6 3 19 14 1 0 12/112018 BRA B Burks -Hair F 34954 8/16/1984 IS 6 2 6 5 1 4 8 4 7 9 6 1 11/1612019 BRA B Cuddon, Deborah 1409 N 23rd Street I Fort Pierce FL 349501 I 3/3)1963 SC 3 6 0 1 7 9 6 1 5 8 31312024 1 each 32gs-eT -9/wim o 6 2 0 6 3 4 6 613131 8101 911812019 P305 ML ge- c e u 'rv'i te ce ,rA 6,6hifoWrAbe,;TD- -�AD K 0 C10 I a ratr 2.00 $ 2.00 $0 1 ixed R Fare Free Fare Free P306 Oil f All. 1, Oil ,.�;Z I � oj I q VA Oil 110( ANL 123, COO CD rn rn 0 -4 00 A 'o A m 0 CD > ;L > :3 X M U) Q �r CD m :3 U) U) CD ;Q Z an 6 0 m 05 CD :r In 0 0 =r 0 - - I a a?. o CL 2) (D. 0 M CD — 0 CD CY 0 co Z) 0 m 0 0 - � < U) o C) > m 0 0 U) CD I :3 �a — 0.0) 50 CD (D M .0 Im ao 0 V :3 2) :) M 0 0 < 0 0 K) 0 < :3 0 CD In w CD cn < CL CD CD CD 0 F 60 0 0 =r CD cli o m 0 0 U) In 10 CL 0 CD (40 — ' T 0 :3 =r z Z 9) CD r, 91) CL 0 C7 a) 0 CD :3 r > 2L 6 CD 0 Z ;0.0 !Z cn S. z 0 r > r M CD -0 3 - a 0 (n -0 0 0 C) CD Z (A c 0 — 0 CL X su CLz rfI M Z --0 Oo 5 0 0 CL 0 0 z z 0 0 CD 3 EL m 0 0 'a (D > 0 CL 27 :3 z 0 a) 6 =r 013 0 U CD CD -.2 "a z 0 m > co m 0 0 -n (D 0 CD (D m a ?5- Er CD ch z 0 t7 (D CD z CA CD 00 0 0 o CD U2 0) 3 CD fA R. CD 0 CD &n CD 2) cn 0 ro CD -4 CL w HIM Oil f All. 1, Oil ,.�;Z I � oj I q VA Oil 110( ANL Consent Agenda Indian River County YT Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Michael R. Smykowski S� Director, Office of Management & Budget Date: July 25, 2017 Subject: Miscellaneous Budget Amendment 021 Description and Conditions The 2016/2017 fiscal year ends September 30, 2017. All budget amendments must be completed within sixty (60) days after the close of the fiscal year to be in compliance with Florida Statutes. Staff is requesting the Board of County Commissioners to authorize the Budget Director to complete any necessary budget amendments for balancing the budget for the 2016/2017 fiscal year. Staff Recommendation Staff recommends that the Board of County Commissioners approve the attached budget resolution amending the fiscal year 2016/2017 budget. Attachment Budget Resolution P308 RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR, THE ASSISTANT COUNTY ADMINISTRATOR OR THE DIRECTOR OF THE OFFICE OF MANAGEMENT & BUDGET OR THEIR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO AMEND THE FISCAL YEAR 2016-2017 BUDGET DURING THE PERIOD COMMENCING NOVEMBER 15, 2017, THROUGH AND INCLUDING NOVEMBER 30, 2017. WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; WHEREAS, it is necessary to delegate signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to the County Administrator, the Assistant County Administrator, and the Director of the Office of Management and Budget to be able to make any necessary amendments to the Fiscal Year 2016-2017 budget prior to the closing of the fiscal year; and WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2016-2017 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes or by the designated budget officer if the total appropriations of the fund does not change; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY that: 1 . The County Administrator, the Assistant County Administrator, and the Director of the Office of Management & Budget are authorized to execute all documents necessary to amend the Fiscal Year 2016-2017 budget, which may arise during the period commencing November 15, 2017, through and including November 30, 2017, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification. 2. The Effective Date of this Resolution is September 20, 2017, and this Resolution shall expire without further action of this Board at the close of business on November 30, 2017. The foregoing 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, Tim Zorc Commissioner, Susan Adams Commissioner, Bob Solari P309 RESOLUTION NO. 2017 - The Chairman thereupon declared the resolution duly passed and adopted this day of 2017. ATTEST: Jeffrey R. Smith,, Clerk of Circuit Court and Comptroller 0 Deputy Clerk 2 BOARD OF COUNTY COMMISSIONERS and OF INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman Approved as to form and legal sufficiency By: Dylan Reingold, County Attorney P310 Exhibit "A" Resolution No. 2017 - Budget Office Approval: Budget Amendment: 021 Mtbhael Smykowski, Budget Director Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1 of I P311 Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners From: Michael Smykowski Director, Office of Management & Budget Date: August 9, 2017 Subject: Miscellaneous Budget Amendment 022 Description and Conditions 1. Salaries & Benefits in the Law Library are higher than originally budgeted due to personnel changes. Exhibit "A" appropriates funding in the amount of $6,910 from General Fund/Reserve for Contingency. 2. The Florida Department of Labor has invoiced the County for Unemployment Compensation in the Parks Department for the quarter ending March 31, 2017. Exhibit "A" appropriates funding in the amount of $321 from General Fund/Reserve for Contingency. 3. On July 18, 2017 the Board of County Commissioners approved the Sheriffs request to allocate $10,707 of the Multi -Agency Criminal Enforcement (M.A.C.E.) Unit Project Generated Income (PGI) to the Substance Awareness Center. Exhibit "A" allocated these funds. 4. Staff time was expended in the CDBG Neighborhood Stabilization Program 3 (NSP3). Exhibit "A" appropriates funding from CDBG NSP3/Cash Forward Oct I I in the amount of $5,000. 5. The conceptual 451h Street Oyster Reef project originally budgeted in the Optional Sales Tax fund was not completed, due to a non-viable project site (presence of seagrass and permitting challenges). The expenses for initial survey work have been moved to the stormwater account in Transportation. Exhibit "A" appropriates funding of $19,000 from Transportation Fund/Cash Forward -Oct 1 It. 6. The Intergenerational Facility was officially opened on September 1, 2016. An estimate was made for the revenues that would be generated. The revenues have exceeded the initial estimates. Exhibit "A" appropriates the additional revenue and expenses in the amount of $96,600. 7. The Senior Resource Association (SRA) staff has notified the county that they need additional funding to continue existing service levels through the remainder of the current fiscal year. Exhibit "A" appropriates funding in the amount of $103,400 from General Fund/Cash Forward - Oct 1 81. 8. Miscellaneous operating supplies need to be purchased to ensure that Fire Station 14 will be fully equipped to open on October 1, 2017. Exhibit "A" appropriates funding from Optional Sales TaxlCash Forward -Oct 1 It in the amount of $328,602 and Emergency Services District/Cash Forward -Oct 1 s' in the amount of $35,600 totaling $364,202 from both funds. P312 RESOLUTION NO. 2017- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2016-2017 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2016-2017 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2016-2017 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2016-2017 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman, Joseph E. Flescher Vice Chairman, Peter D. O'Bryan Commissioner, Susan Adams Commissioner, Bob Solari Commissioner, Tim Zorc The Chairman thereupon declared this Resolution duly passed and adopted this — day of 2017. Attest: Jeffrey R. Smith Clerk of Court and Comptroller LO -A Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners 0 Joseph E. Flescher, Chairman Aa APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTYATTORNEY PM Resolution No. 2017 - Budget Office Approval: Michael Smykowski, Budget Exhibit "A" Budget Amendment: 022 Entry Number Fund/ DepartmentlAccount Name Account Number Increase Decrease 1. Expense General Fund/Law Library/Regular Salaries 00111914-011120 $6,000 $0 General Fund/Law Library/Social Security Matching 00111914-012110 $372 $0 General Fund/Law Library/Retirement Contribution 0011 '1914-012120 $451 $0 General Fund/Law Library/Medirare Matching 00111914-012170 $87 $0 General Fund/Reserves/Reserve for Contingency 00119981-099910 $0 $6,910 2. Expense General FundfParks/Unemployment Compensation 00121072-012150 $321 $0 General Fund[ReservestReserve for Contingency 00119981-099910 $0 $321 3. Revenue Multi Jurisdiction Law Enforcement Trust Fund/Forfeiture/Confiscated Property 126035-358230 $10,707 $0 Expense Multi Jurisdiction Law Enforcement Trust Fund/Sheriff-Law Enforcement 12660021-099040 $10,707 $0 4. Revenue NSP3/Miscellaneous/Cash Forward Oct 1st 130038-389040 $5,000 $0 Expense NSP31inter-Dept Charges/Program Generated Income 13013854-036990-11813 $5,000 $0 S. Revenue Transportation Fund/Cash Forward -Oct 1st 111039-389040 $19.000 $0 tonm%,3 Transportation Fund/Stormwater/Other Professional Services 11128138-033190 $19,000 $0 S. Revenue MSTU/IG Facility/IG Youth Athletics 004034-347304 $30,000 $0 IG Facility/IG Adult Athletics 004034-347305 $10,000 $0 IG Facility/IG Concessions 004034-347307 $3.600 $0 MSTU/IG Facility/IG Cleaning Charge 004034-347310 $1,1 $0 1 of2 P314 Exhibit "A" Resolution No. 2017 - Budget Office Approval: Budget Amendment: 022 Michael Smykowski, Budget Director Entry Number Fund/ Department/Account Name Account Number Increase Decrease MSTU/IG Facility/IG Fitness Programs 004034-347312 $26,200 $0 MSTU/IG Facility/IG Open Gym 004034-347313 $25,000 $0 Expense MSTU/IG Facility/Regular Salaries 00411572-011120 $25,686 $0 MSTU/IG Facility/Social Security 00411572-012110 $1,600 $0 MSTU/IG Facility/Retirement Conh-bution 00411572-012120 $2,000 $0 MSTU/IG Facilfty/Medicare 00411572-012170 $400 $0 MSTU/IG Facility/Electric Services 00411572-034310 $28,000 $0 MSTU1IG FacilityMater & Sewer Services 00411572-034320 $1,950 $0 7. Revenue General Fund/Non-Revenue/Cash Forward Oct 1st 001039-389040 $103,400 $0 Expense General Fund/Agencies/Senior Resource Association 00111041-088230-54001 $103,400 $0 8. Revenue Emergency Services District/Non-Revenue/Cash Forward Oct 1st 114039-389040 $35,600 $0 Optional Sales Tax/Non-Revenue/Cash Forward Oct I st 315039-389040 $328,602 $0 Expense Emergency Services District[Fire Rescue/Other Operating Supplies 11412022-035290 $35,600 $0 Optional Sales Tax/Fire Rescue/Construction in Progress/Station 14 31512022-066510-15015 $328,602 $0 2 of 2 P315 M Ap W INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E. Public Works Director THROUGH: James D. Gray, Jr. Coastal Engineer FROM: Kendra Cope, M.S. Coastal Environmental Specialist SUBJECT: Sea Turtle Education Grant "Darker Skies Darker Beaches" DATE: July 31, 2017 DESCRIPTION AND CONDITIONS Using a grant received from I nwater Research Group and accepted by the Board of County Commissioners on July 1211, 2016, staff implemented the Florida Traveling Turtle Trunk grant program. During the 2016-2017 school year the Florida Traveling Turtle Trunk grant program provided 6 public elementary schools in Indian River County with a free trunk filled with ready-made materials and educational lesson plans for teachers to teach 5th grade students about sea turtles. These lesson plans met multiple desired science curriculum standards. The program was so successful the first year that five (5) additional schools have asked to join the traveling trunk program for the 17/18 school year. Inwater Research Group has offered the County another grant opportunity similar to traveling trunk program, but with a different message. The new program provides lesson plans which align with 7 th grade science standards focusing on sea turtle nesting, impacts from beachfront lighting, and the engineering of innovative ideas to minimize these impacts. Page 2 C:\Usem\GRANIC—I\AppData\LocalkTemp\BCLTechnologies�myPDF 7\@BCL@4805DDFON@BCL@4805DDFO.docx P316 Agenda Item for 8-15-17 BCC Meeting Darker Skies Darker Beaches July 31, 2017 The subject of this agenda item is to request the Board's approval of the Darker Skies Dark Beaches education program grant in an effort to expand the current Traveling Trunk program implemented under the County's Habitat Conservation Plan for the protection of sea turtles. The attached agreement from Inwater Research Group commits up to $2,000 with no local cost share and a three (3) year program commitment at no expense to the County. The Florida's Travelling Trunk Program is for a three (3) year period beginning with the 2017/2018 school year. All materials, instructions, and teacher agreement forms are provided with the trunk which will travel among middle schools throughout the County. Staff will be responsible for training the teachers on the trunk contents and lesson plans, organizing the trunk's travel plans across County schools, and collecting teacher surveys about the program. FUNDING No County funds will be expended during the lifetime of this program. The County will also have an opportunity to keep all traveling trunk materials at the end of the 3 -year program. RECOMMENDATION Staff recommends the Board approve the Darker Skies Darker Beaches education program grant with Inwater Research Group and authorize the Chairman to sign the Agreement on behalf of the County. 1. Darker Skies Darker Beaches Grant Application 2. Grant Acceptance Instructions 3. Grant Consent Form 4. Indian River County Grant Form APPROVED AGENDA ITEM FOR AUGUST 15,2017 C:\Usen\GRAN1C— I �AppData\L�a]\Temp\BCL Technologies\myPDF 7\@BCL@4805DDFO\@BCL@4805DDFO.doex P317 Application Please email back to i'mcitt0inwater4irg no later than June 301� Sprn Organization Name Indian River County (Habitat Consewation Plan) Address 1801 27th street,.VB, Florida 32960 Contact Name Kendra Cope - HCP Coordinator Contact Phone 772-538-0616 Contact Email kcbpL-@iregov.com Organization's mission: Our HCP is specific to improving nesting habitat for sea turtles, 'When fully implemented the HCP will increaie productivity of the Coun.ty!s beaches". Staff believes that one of the most important ways of accomplishing this goal is through education of public, young and old. Number of education staff 1 School district(s) you plan to reach with this program: Indian River County,Public and Private Schools Questions 1. Why do you believe this, program will benefit both your organization and your surrounding schools? 2. Do you have a current relationship with local school districts? If yes, please explain in a few short sentences. If not, please explain how you plan to develop these relationships. 3. Do you currently offer school programs? If yes, please explain and include grade levels, program information, and average amount of students you reach each year. 4. Who will be the project leader on this program? Please provide their name and a couple of short sentences on their experience working in education. 5. This program can take time toget started but will last for years to come. Is the project manager willing to commit the time to creating the trunk contents, developing relationships with schools, maintaining the trunk's contents, and liaising with teachers? 6. What is your three year plan for using the trunk? Please explain how you will garner interest from teachers/district staff and how many classes you feel you may be able to reach each year. 7. Do you foresee any problems with incorporating this program into your organization? 8. Do you have any questions on how you are allowed to utilize the program? P318 Answers 1 Indian River County (IRC) is located in the middle of the most productive loggerhead nesting beach area in the U.S. and Western Hemisphere. All residents of IRC live only up to 15 minutes from a beach no matter where their home may be, yet many do not know any of the ecological treasures this place has to offer. Our beaches are beginning to be over developed, surrounded by lights and buried in trash. The county has 13 public elementary schools (eight of which are Title 1). The County was a recipient of the original Traveling Turtles Trunk which is currently being utilized in 51h grade science classrooms. Students from these 13 schools get organized into 4 public middle schools where they are challenged with applied curriculum, especially in the fields of STEM. After elementary school students do not have mandatory field trips to learn and experience coastal wildlife. This new lighting trunk is perfect for challenging our 7m grade students with a hands-on opportunity to understand real-life threats to sea turtles and to apply their knowledge about the human dimension of the coastal environment to create an innovative way to fix and manage these threats. Hands-on opportunities like this can supplement this lack of interaction with a nearby -critical coastal habitat. In addition, everyone knows that children are some of the most influential people in the world and still have passion and a drive to make their surrounding area better. One of the ways the county began making efforts to biologically improve their coastline is though the implementation of the Habitat Conservation Plan, specifically designed to improve nesting habitat for sea turtles. The HCP was implemented in 2005 and in 2015 the HCP coordinator expanded the management program to include education and public outreach using multiple venues. If accepted for this new sea turtle lighting trunk program the County will be able to enhance its education program and get our youth more involved in local conservation and STEM related fields. 2. Yes. Staff does have a relationship with the local school district which began in 2015 in concert with the beginning of marine conservation presentations given to 5th graders. This presentation was aligned with the 5th grade adaptations curriculum and taught students about sea turtle and marine mammal biology, the difference between inherited and taught traits, and specific adaptations for sea turtle survival. These relationships were developed by first reaching out to school Principals and AP then through contact with the science teachers. This relationship grew in the 16117 school year by expanding the number of schools which received a presentation and the start of the Florida's Traveling Turtle Trunk Program with the original 6 elementary schools who started the County -School relationship. 3. As the answer to the previous question described, currently the I R Sea Turtle Program education team made up of multiple volunteers and one county staff member who gave presentations about marine conservation and adaptations to 5th grade students at six schools in the county during the 15-16 school year and three more during the 16-17 school year, four of which were TITLE I schools. These were wildly successful and requests for visits the following school year were made by all teachers. Pre/Post tests were administered to students and are currently being graded and analyzed to answer the question 'Was there any information learned during the presentation?" Additionally the 16-17 school year was the first year of the traveling trunk program. This is a 3 -year grant and will be continued during the 17-18 school year. An additional trunk had to be purchased by Indian River County to supply enough schools with the successful program. 4. The project leader will be Kendra Cope, the HCP/Sea Turtle Coordinator for IRC. She is a recipient of the Florida's Traveling Turtle Trunk Grant in 2016 and has been successful in fostering relationships with the teachers of the 13 public elementary schools in the school district. She also created a presentation that is given to 5th grade students about conservation and adaptations. Her background is with general public education programs. Her MS thesis analyzed the community impacts (economic and long-term education/behavior) of the popular turtle walks, She is also started a successful program in IRC during the 2016 nesting season called "Turtle Digs", which are public nest evaluations in the City of Vero Beach, P319 5. The project leader is a full-time employee with IRC and her position manages sea turtle nesting and other sea turtle activity outlined by the HCP. She plans to be in this position long4erm. As part of the Sea Turtle Prograrn she manages a large group of dedicated volunteers which hat grown from 12-20 people in the last year and will continue to grow in coming years. Therevvill be plenty of Volunteers available to help create the trunk contents, a handful of them already have experience with presenting at schools and are dedicated to keeping good relations with currently involved schools. and the volunteers will be happy to help build a foundation for this new program. The project leader will be responsible for maintaining the trunk contents over time and all contents will be stored in the county office with other education materials used for various programs. She will also continue to keep relations with the teachers and is dedicated to building relations with the school district board and private school teachers so all students in IRC have an opportunity to learn more about sea turtle conservation and biology. .6. During the first year of the program I plan on introducing the truck program to all 4,public middle schools in the county school district. 7m graders in these schools with be the first cohort of students that received a marine adaptations and conservation presentation in 5th grade during the 15f16 school year. During the first year relationships will be built with these 4 public schools and the 2 charter schools in the school district. By the 2m year of the program the goal would be to have the trunk in all 6 middle schools. This will happen though teacher relations, word of mouth about the program, and presentations to the county commission and school board after the 1 st of "learning impacf'data has been analyzed. 7. 1 cannot see any reason why there would be an issue implementing this program. As the application outlines all training will be done by IRG staff before the school year begins with program volunteers and staff arid I plan on conducting additional training with IR turtle education volunteers now that the first year of the FUs Traveling TurUes program is complete and all volunteers already have experience helping with other sea turtle education programs. 8. Not at this time. Through presentations. workshops, one year of turtle trunk experience and personal communication I have a very detailed idea of how the program works. I fully support this program and cannot waft to use it if chosen. P320 Kendra Cope From: resmott@gmaii.com on behalf of rebecca mott <rmott@inwater.org> Sent: Monday, July 17, 2017 1:45 PM Su4ject: Darker Skies Darker Beaches Traveling Trunk Recipients Attachments: Darker Skies Darker Beaches Agreement.docx Congratulations! Your organization has been chosen as one of five to receive a ready-made traveling trunk that you will be able to offer to your local school districts. We are so excited to work with you and get you everything you need for the program. We will be reaching out to you very soon to set up a day where we can deliver the trunk to you and go over the program. Please expect delivery prior to August 1 st. Attached is the program agreement,form. Please take a close look and if you agree to all the terms, sign, and scan back to me. Thank you for applying and helping us spread this message all across Florida. Have a great day! Rebecca Mott Education Program Manager Inwater Research Group Inwater.org P321 Darker Skies, Darker Beaches Program Agreement gfMARCAr CONS 0L4 SEA TURTLE CONSERVANCY Program content was developed by Inwater Research Group (www.inwater.o ) with assistance from Sea Turtle Conservancy. This program was funded in part by a grant awarded from the Sea Turtle Grants Program. The Sea Turtle Grants Program is funded from proceeds from the sale of the Florida Sea Turtle License Plate. Learn more at www.heii)inizseaturties.org. This program was funded in part by the National Save the Sea Turtle Foundation. To learn more, visit www.savetheseaturtle.ore. IL OFLORIC 0 E I P322 0 0 Ar rV i 11 - F Program Agreement gfMARCAr CONS 0L4 SEA TURTLE CONSERVANCY Program content was developed by Inwater Research Group (www.inwater.o ) with assistance from Sea Turtle Conservancy. This program was funded in part by a grant awarded from the Sea Turtle Grants Program. The Sea Turtle Grants Program is funded from proceeds from the sale of the Florida Sea Turtle License Plate. Learn more at www.heii)inizseaturties.org. This program was funded in part by the National Save the Sea Turtle Foundation. To learn more, visit www.savetheseaturtle.ore. IL OFLORIC 0 E I P322 Usage This program was created to provide teachers supplemental learning materials that focus on sea turtles and the impacts of lighting. We have guidelines and requirements for how this program should be run but we want to make it adaptable to your organization. The program may only be used as laid out in this agreement and the Program Instructions document. Using the program for any other purpose without consent from Inwater Research Group (IRG) could result in the agreement being voided and the trunk being revoked from your organization. Program Restrictions * The program must be offered to educators for free and the organization may not benefit monetarily from its usage. • Lessons may not be broken up or offered for other purposes other than this program. • Materials must be created as laid out in the instructions and not left out or modified. • Sharing or replicating the lesson content for reasons other than your organization offering the program is prohibited unless given consent by IRG. • All supplies must be used solely for the purpose of this program. • If you are given permission to use the program for other purposes than are laid out in the agreement, its primary purpose must take precedent and secondary usage must not hinder it in anyway. • You may share this program with private and charter schools but public schools must be given priority. Reach This program has the potential to reach many students throughout the school year however we understand this may take time to establish. Each organization will be expected to work more or less with the timeline they laid out in their applications. IRG staff will be available to assist during the three year period to guide you if you have any questions or concerns. There will be questions as to how this program can be used and we will try to be flexible but the program was developed to fill a specific niche and priority for that will always take precedent. It is meant strictly for usage by teachers, hot as part of an outreach initiative. We prefer you to reach many schools across at least one district but understand if you must start small. Please try to rotate the program around so that not just one or two schools have it available to them. Priority should always be given to public schools but may be used by other types of schools. If during the three year period IRG feels as though the program is not being utilized either as intended, or to the extent at which the organization laid out in their application, we have the right to terminate the program and revoke the trunk along with its contents. P323 Supplies Item included Extras Total Trunk Set up Trunk 1 Lesson binder 1 1 Small Ziploc bags 11 1 box I box + 11 Lesson packets, 4 2 6 Lesson bins 4 4 Lesson 1 Loggerhead skull Green skull Leatherback skull Jellyfish Sea grass Conch 1 1 Model turtle with labels 1 1 Retractable measuring tape 1 1 Measuring tape 1 2 3 Yarn (blue, yellow, orange) 3 skeins 3 skeins Ping pong balls 20 10 30 Gallon Ziploc bags 6 4 10 Lesson 2 Ball 1 1 Pieces of wood 5 2 7 Spoons 5 2 7 Reading glasses 5 2 7 Cardboard pieces 5 2 7 Bottles of water 5 2 7 Lasers 5 2 7 Circuit wall (labeled A) 5 5 Circuit bases (labeled B) 5 5 LED bulbs 5 S 10 Circuit arm (labeled Q 5 1 6 9 V batteries 5 10 is 9V snap connector S 2 7 Coated Pape r c'Ips 5 10 15 Squares of paper 5 5 Pencil eMrasers S 5 10 Paperclips 5 10 15 Penny 5 S 10 P324 AAA batteries 10 20 30 Lesson 3 Darker Beaches Booklets 5 2 7 Paper plates 1200 1200 Brown paper roll* 1 1 Aluminum foil squares 1500 1500 Tissue paper (100 pack)" 3 packs 1200 1200 Red LED bulbs 5 5 10 Lesson 4 Light Fixture Board 1 1 Bad fixture bulb 1 1 2 Better fixture bulb 1 1 Best fixture bulb 1 1 Encapsulite Turtle Filters 5 5 10 Beach graphics 3 3 Seeing Stars poster 1 1 Lighting Specialist Badges 2,000 �*You will need to cuttheroll into 9.SX111" &ce,lbefore.pl�eing them in the trunk Wits ou Will need to cut each -piece of tissue paper into 4,b6fore p;acing them in the trunk kit§ I I - - Reportina Organizations will be required to report back on July ill of each year with the following: 1. Program Demographics Reporting spreadsheet (provided) 2. Teacher surveys 3. Photos (if possible) 4. List of events, workshops at which the program was presented (if applicable) S. Copies of print mention of program (e.g. social media, newsletters, e -blasts) Timeline Mr -11W. July 2017 • Organizations will be notified of their selection • IRG will contact project leader to discuss questions, concerns, etc. • Completed trunk will be delivered to you or your halfway point location by the end of July. I P325 Organizations will work out the logistics of the program (registration procedure, drop off/pick up locations and times, etc.) August 2017: • Contacts within the school district will be notified within the first two weeks of school • Program launch announcement via social medi - a, press release, e -blast, etc. • IRG will be avatilable to assist in any program implementation • Organizations will begin taking reservations for the program September 2017 -June 2018 • Organizations will offer program to local schools • Organization will maintain contents of trunk and ensure materials are in good, working condition • Organizations will work to receive feedback from teachers via surveys • Organizations will track program numbers and demographics in supplied spreadsheet. July 1, 2018 0 Organizations will provide IRG with their annual report YEARS 2 and 3 jo Continue to work with schools in offering the program • Seek opportunities to present the trunk program to school districts if not already achieved in the first year • Maintain trunk contents and update materials as needed • Report back to IRG with program details annually P326 Project Leader Contact Information Organization: Name: Contact Phone: Contact Email: By signing below, you agree to all the terms laid out in this document. Print Name Signature Please scan or mail a copy of this agreement to the following: Rebecca Mott 5565 SE Martin Meadows Ave Stuart, FL 34997 rrhott0iriwater.or Date P327 GRANTNAME: 2017-2020 Travelin2 Turtles of Florida GRANT No. AMOUNT OF GRANT: $2,000 DEPARTMENT RECEIVING GRANT: Public Works/Coastal Enpineeriniz CONTACT PERSON: Kendra Cope. TELEPHONE: ext. 1569 1. How long is the grant for? . August 2017 -May 2020 (3 School years) StartingDate: Upon grant execution YES NO 2. Does the grant require you to fund this function after the grant is over9 X 3. Does the grant require a match? X If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant 5. Grant match amount required 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 7. Does the grant cover capital costs or start-up costs? X If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) X\ S.. Are you adding any additional positions utilizing the grant funds? NO If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaiies 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensati 012.17 S/Sec. Medicare Matching so i TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefiti crating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? SO Signature of Preparer: Date: 69 * V11 7 P328 Grant Amount Other Match Costs Not Covered Match Total First Year $2,000 $0 $0 $2,000 Second Year $0 so $0 Third Year so $0 $0 _$O Fourth Year $0 $0 - $0 .—So $0 Fifth Year S.0 so $0 $0 Signature of Preparer: Date: 69 * V11 7 P328 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Keith McCully, P.E., Stormwater Engineer 4W SUBJECT: Approval of Work Order No. AA -I With Andersen Andre Consulting Engineers, Inc. for Construction Material Testing and Monitoring Services for Osprey Acres Floway and Nature Preserve DATE: July 31, 2017 DESCRIPTION AND CONDITIONS On July 18, 2017, the Board of County Commissioners approved construction of the Osprey Acres Floway and Nature Preserve, which will process Osprey Marsh Algal Turf Scrubber's discharge water and untreated South Relief Canal water, to further reduce nitrogen and phosphorus concentrations in the water before it enters the Indian River Lagoon. During the Project's construction, staff will require certain professional material testing and construction monitoring services to ensure compliance with contract specifications. The purpose of this Agenda Item is to secure such services from the professional geotechnical engineering firm of Anderson Andre Consulting Engineers, Inc. (AACE) through Work Order AA -I. Specific services are listed in Attachment 1. 1 The not -to -exceed professional services fee associated with Work Order No. AA -I is $86,505.00. FUNDING Currently, funding of this project is $4,350,250 which includes the $1,200,250 grant. A budget amendment will appropriate the 2 additional grants ($1,200,000 FDEP TMDL Grant and $1,234,286 Florida House Appropriations Grant) totaling $2,434,286 and the balance of $652,386 from Optional Sales Tax/Cash Forward to Optional Sales Tax/Public Works/Osprey Acres Stormwater — Account # 3152433 8-066510-16022. RECOMMENDATION Staff recommends the Board of County Commissioners approve Work Order No. AA- I with Anderson Andre Consulting Engineers, Inc. and authorize the Chairman to execute the Work Order on behalf of the County. c \uscm\granic—]\appdata\lmal\temp\bcI techno1ogies\ewypdf 7\@bcl@9005251D\@bcl@900525tD.dm P329 Page 2 Osprey Acres — Construction Material Testing and Monitoring Services BCC Meeting —August 15, 2017 ATTACHMENTS 1. Work Order No. AA -I executed by Anderson Andre Consulting Engineers, Inc. (one copy) Michael Smykowski, Budget Division William K. DeBraal, Deputy County Attorney APPROVED AGENDA ITEM FOR AUGUST 15,2017 C:\Users\GRANIC—I\AppData�Loml\Temp\BCL TechnologiWeasyPDF 7\@BCL@900525FO\@BCL@900525FO.doc P330 WORK ORDER NUMBER AA -1 MATERIAL TESTING AND CONSTRUCTION MONITORING SERVICES FOR OSPREY ACRES FLOWAY AND NATURE PRESERVE This Work Order Number AA -1 is entered into as of this day of 1 2017, pursuant to that certain Continuing Contract Agreement for Professional Services renewed on September 23, 2016 ("Agreemenf), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and Anderson Andre Consulting Engineers, Inc. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth in Part 1 of this Work Order. The CONSULTANT will perform the professional services for the fee schedule set forth in Part 2 of this Work Order. The CONSULTANT will perform the professional services within the timeframe set forth in Part 3 of this Work Order, all in accordance with the terms and provisions set forth in the Agreement. Nothing contained in this Work Order shall conflict with the terms of the Agreement and the terms of the Agreement are incorporated in this 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 ANDERSON ANDRE CONSULTING OF INDIAN RIVER COUNTY ENGINEERS, INC. By:_ By Peter G. Andersen, P.E. Joseph E. Flesher, Chairman Title: Principal/ Vice President Attest: Jeffrey R. Smith, Clerk of Court and Comptroller B Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: William K. Debraal, Deputy County Attorney f:\pubfic worWkeithm�stornrwater projects\osprey acres\work orders\anderson andrekwork order ea-1,doc i P331 WORK ORDER NUMBER AA -1 MATERIAL TESTING AND CONSTRUCTION MONITORING SERVICES FOR OSPREY ACRES FLOWAY AND NATURE PRESERVE PART I - SCOPE OF WORK The COUNTY has requested that the CONSULTANT provide construction material testing and monitoring services for the COUNTY's Osprey Acres Floway and Nature Preserve (hereinafter "Osprey Acres"). The Work is more particularly described in Exhibit A, included herein. PART 2 - COMPENSATION AND PARTIAL PAYMENTS Compensation The COUNTY agrees to pay and the CONSULTANT agrees to accept, a not -to -exceed fee of $86,505.00 for services rendered according to Part 1 of this Work Order and as summarized in Exhibit A. Additional services shall be at the hourly rates as set forth in the Agreement. 2. Partial Payments The COUNTY shall make monthly partial payments to the CONSULTANT for all authorized work pertaining directly to this project performed during the previous calendar month. The CONSULTANT shall submit invoices monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. , The CONSULTANT shall submit duly certified invoices in duplicate to the Director of the Public Works Department. For lump sum line items, the amount submitted shall be the prorated amount due for all work performed to date under this phase, determined by applying the percentage of the work completed as certified by the CONSULTANT, to the total due for this phase of the work. For time and material line items, the amount submitted shall be based on the actual hours worked and expenses incurred for the billing period. The amount of the partial payment due the CONSULTANT for the work performed to date under these phases shall be an amount calculated in accordance with the previous paragraph and less previous payments. Per F.S. 218.74(2); the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY receives the CONSULTANT's invoice, PART 3 - TIME FOR COMPLETION The estimated completion time is ten months. **END OF WORK ORDER" Page 2 of 2 FAPub1icWorksNKeithM\Storrr�ter ProjectskOsprey Acres�Work Orders\Anderson AndreMork Order AA- I Am P332 EXHIBIT A WORK ORDER NUMBER AA -1 ANDERSEN ANDRE CONSULTING ENGINEERS, INC. AACE Proposal No. P17-810 Geotechnical Engineering Construction Materials Testing Environmental Consulting Indian River County BOCC Public Works - Stormwater Division 1801 27t' Street Vero Beach, FL 32960 Attention: Mr. Keith McCully, P.E. PROPOSAL FOR CONSTRUCTION MATERIALS TESTING OSPREY ACRES FLOWAY AND NATURE PRESERVE INDIAN RIVER COUNTY, FLORIDA May 10, 2017 AndersenAndre Consulting Engineers, Inc. (AACE) is pleased to present t1 -:Lis proposal for performing construction materials testing and monitoring services for the proposed Osprey Acres Floway and Nature Preserve project in Indian River County, Florida. AACE is the Geotechnical Engineer -of - Record for d-ris project, and has previously issued a Subsurface Exploration and Geotecbnical Engineering Evaluation report for the project dated October 26, 2016 (AACE File No. 16-144). Based on our review of the provided bid documents and construction drawings, and on our prior involvement with the project, we understand that it is proposed to construct a serpentine nutrient removal/water treatment system which will receive an estimated 10-12 million gallons per day of piped water inflow from the adjacent Osprey Marsh polishing pond and from untreated drainage canals. The treatment system will consist of the following interconnected main features (elevations in NAVD-88): Initial deep settling basins )) Bottom elevation of 11.63 feet )) Design water stage of elevation 18.81 feet Water lettuce scrubbers/ transfer channel )> Bottom elevations of 14.5 feet >> Design water stages of elevation 18.76 feet and 18.19 feet, respectively A filter marsh >> Bottom elevation of 16.0 feet >) Design water stage of elevation 18.03 feet Floway sections "A" and "B" Bottom elevation of 11.0 feet Design water stage of elevation 17.50 feet Various concrete weir structures v�ith varying crest heights Floway section "C" Bottom elevation of 10.0 feet Design water stage of elevation 16.00 feet 834 SW Swan Avenue, Port St. Lucie, Florida 34983 Ph: 772-807-9191 Fx: 772-807-9192 www.aaceinc.corn P333 CONSTRUCTION AIATFRIALs Ti�,SUNG 0SPRPY AcRj7S FLOWAY AND NATURE PRFSE RVE AACE PROPOSAL No. P17-810 Floway section "D" >) Bottom elevation of 6.0 feet Page -2- >) Design water stage of elevation 16.00 feet Weir structure S16 (top -of -weir elevation 15.30 feet) and then a 48 -inch diameter CMP discharge connection to the Indian River Farms Water Control District (IRFWCD) Lateral J canal (South Relief Canal) and then to the Indian River Lagoon. Miscellaneous structures and piping. The cross-sections for the various system features are currently planned with 3H:lV side slopes and varying bottom widths. Additional site improvements relative to the project include an operations building, educational trails and fencing, water main installation, paved entrance and internal driveway, parking facilities, concrete loading/compost area, etc. Finally, a Geosynthetic Clay Liner (GCL) will be installed within the settling basings, scrubbers, transfer channels,. filter marshes, floways and shallow marshes. Overall, the proposed project construction schedule is 10 -months. W understand that the services for which we are preparing this proposal include: Monitor proofroUing and backfiffing operations and perform in-place density tests as required by the project specifications. Perform in-place density testing for building pads, driveways and parking areas, slab -on -grades, footings, pipe and structure backfill, etc. Sample and test compressive strength of concrete for building construction, weirs, footings, slab -on -grade, basins bottom slabs, etc. Sample fill and backfill soils for modified Proctor laboratory testing. Sample subgrade and base materials for modified LBR laboratory testing. Full-time GCL installation monitoring (estimated 3 months). Geotechnical and Construction Materials Testing engineering consulting throughout the project duration, as needed. As such, AACE staff will be on site to observe the work and perform tests to determine substantial compliance (relative to the services of our firm) with the project plans, specifications, and design concepts. AACE staff will not direct the Contractor not will we have the authority to stop work. Please be aware that neither the presence of our field representatives nor the observation and testing by AACE shall imply our responsibility for defects discovered in the construction work. Further, it is understood that our firm will not be responsible for job or site safety on this project. job site safety is the sole responsibility of the Contractor. The proposed budget in this proposal was established based on a "man-hour basis", rather than a "per - test" basis, since it will be difficult to estimate the precise number of density tests for this kind of project. Another challenge to a "per -test" proposal is the periodic need for a 2 d technician (e.g. when one technician is monitoring the GCL installation and cannot break -away for density testing of pipe trench backfill). As such, we are considering, for budgeting purposes, proposing that AACE staff be on site full-time for 6 months out of the overall 10 -month construction schedule, including the 3 months of GCL installation monitoring. That would leave another 3 months of "full-time" presence distributed over the remainder of the project, assuming that there will be days where we are not needed, days where maybe 3-4 man-hours will be needed, etc. P334 CONSTRUMION MATERIM-9 TESTING OsPRPY AcFj7s FLOWAY AND NAiuRi., Piu-SERvi� AACE PROPOSAL No. P17-810 Page -3- Hence, estimate the cost of testing services will be $86,505.00 (itemized on page 4). The actual cost of AACE's testing services will be a function of work actually performed in accordance with the fees in our Continuing Services contract with Indian River County. Contractor efficiency, methodology and changes in testing frequencies may affect the overall cost. We win notify you in advance if it appears that the cost estimate will be exceeded. To authorize us to proceed Nvith this project, please execute and return to us a copy of the attached Professional Services Agreement form or a Purchase Order number. If you have any questions or if we can provide any additional information, please feel free to contact us at your convenience. Best Regards, ANDERSEN ANDRE CONSULTING ENGINEERS, INC. Peter G. Andersen, PE. Principal Engineer David P. Andre, P.E. Principal Engineer ANDERSEN ANDRE CONSULTING ENGINEERS, INC. WWW.AACEINC.COM P335 CONSTRUCIION MATERIALs TESTING Page -4- 0SPRFY Aciu�s FLOWAY AND NATURE PRr-SERVE AACE PROPOSM, No. P17-810 Estimated Man -Hours (Lbased on an approximate 6-month/30-week presence) • Sr. Project Engineer, 30 weeks @ 3 hours/week @ $110.00/hour ................................ $9,900.00 • Sr. Field Technician; 30 weeks @ 40 hours/week* @ $55.00/how .............................. $66,000.00 • Technical Secretary; 40 hours @ $45.00/hour ................................................ $1,800.00 (*Assuming 8 -hour work days, Monday through Friday) Laboratory Testi * 15 Proctor Tests @ $85.00/test ............................................................ $1,275.00 * 4 LBR Tests @ $295.00/test .............................................................. $1,180.00 * Allowance for acceptability testing (organic content, percent fines, carbonate content, etc.) ............ $1,000.00 Concrete Testing • Estimated 50 sets @ $85.00/set ............................................................. 4,250.00 • Allowance for cylinder pick-up (not scheduled with other work) and limited standby during concrete pours; 20 hours @ $55.00/hour ............................... $1,100.00 ToTAL ANTICIPATED TESTING BUDGET ........... $86,505.00 The following conditions apply to this project: (1) When not present full-time, the Contractor (or Indian River County Representative) must contact Andersen Andre Consulting Engineers, Inc. at (772) 807-9191 a mininium of 24 hours prior to my testing and 48 hours prior to weekend, holiday and evening work. (2) Unit rates apply to standard working days, Monday through Friday, 7:30 am to 5:00 p.m. Testing and hourly rates will be increased by 50% for weekend, holiday or after-hours services. (3) If our testing estimate for a specific work element is insufficient for that particular activity, resources from another work element can be used without prior authorization from the client as long as our total cost estimate is not exceeded. We will notify you in advance if it appears that the cost estimate presented in the attached unit fee schedule will be exceeded. (4) Asphalt sarnpling/testing, is not included herein. We will be pleased to revise this proposal to include such testing, ifneeded. ANDERSEN ANDRE CONSULTING ENGINEERS, INC. WWW.AACEINC.COM E P336 ANDERSEN ANDRE CONSULTING ENGINEERS, Inc. PROFESSIONAL SERVICES AGREEMENT AACEProposalNo: P17-810 PrOjectName: CONSTRUC110N NIATERIAus TESTING - OSPREYACREs R,0WAY AND NATURE PRE'SERVE Client: Indian River County BOCC Address: 180127' Street Public Works - Storrawater Division Vero Beach, FL 32960 Attn: Mr. Keith McCully, P.E. Client hereby requests and authorizes Andersen Andre Consulting Engineers, Inc. ("AACE") to perform the following services: Provide Construction Materials Testing services for the proposed OSPREY AcRES FLOWAY AND NATURE. PRESE'RNT project, as detailed herein. Estimated Budget: $86,505.00 Payment Terms: Net 30 days from invoice date; invoices will be sent every four weeks for continued or extended projects. Interest charges, ll/M per month follovAng the due date. Proposal Acceptance: By accepting this Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Andersen Andre Consulting Engineers, Inc.'s General Conditions appearing on the reverse side of this page are incorporated herein by reference. In the event this Professional Services Agreement was received by facsimile or via email, Client hereby confirms that the above described Proposal, the Terms and Conditions of this Proposal,including the Terms on this page, and Andersen Andre ConsultingEngineers, Inc.'s General Conditions have been made available and are incorporated in this agreement. PURSUANT TO FLORIDA STATUTES SECTION 558.0035 (2013) AN INDIVIDUAL EMPLOYEE OR AGENT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. Accepted by CLIENT: Accepted for AACE: By: By: Name: Peter G. Andersen, P.E. Title: Principal Engineer Date: May 10, 2017 BillingAddress: P337 AACE GENERAL CONDITIONS I - Parties And Scope Of Work: Andersen Andre Consulting Engineers, Inc. (hereinafter referred to as "AACE-) shall include said company, its individual professionals, particular division, subsidiary or affiliate performing the Work. "Work" means the specific geotechrescal, analytical, tearing, carvirmuncrind or other sirmce to be performed by AACF as set forth in AACE a proposal, the Clienes acceptance --hereof, both incorporated herein by this reference, and these General Conditions. "Client" refiers to the person or business entity ordering the Work to be done byAACF,. If the clent is ordering the Work on behalf of another, the Cbent represents and warrants that the Client is the duly authorized agent of said party for the purpose of ordering and directing said Work. Further, Client shall disclosc any such agency relationship to AACE in writing before the commencement of AACL's Work hereunder. Client agrees that AA CE's professional duties art, specifically limited to the Work as set forth in AACE's proposal. The Client assumes sole responsibility for cleterimming whether the quantity and the nature of the Work ordered by the Client is adequate and sufficient for the Client's intended purpose. Client shall communicate these General Conditions to each and every third party to whom the Client transmits any pact of AACE's Work. AACE's Work is for the exclusive use of'Ciient, and its properly disclosed principal. In no event shall AACE have an), duty or obligation to any third party. The orderingofWork from AACE shall constitute acceptance ofthe terms ofAACE's proposal and these General Conditions. 2 - Scheduling of WorIc I f AACL is required to delay commencement of the work, or if, upon embarking on its work, AACE is required m stop, delay or otherwise interrupt the progress ofwork as a result ofchanges in the soope ofwork requested by the chen% to fulfill the requirements of third parties, interruptions in the progerss of construction, or other causes beyond the exclusive reasonable control of AACE, additional charges will be applicable and payable by the Client. 3 - Responsibility: AACE't work shall not include determining, supere, . sing, or implementing the means, methods, techniques, sequences or procedures of construction. AACE shall not be responsible for evaluating, reporting of affecting job conditions concerning health, safety or welfare. AACE's work or failure to perform same shall not in any way excuse any contractor, subcontractor or supplier from performance of its work in accordance with the contract documents. 4 - Pa),raent: payment shall be due within 30 days after date of invoice. Interest at the rat, of 18% per annum (or the highest rate allowable by law) from 30 days after date of invoice to date payment is received will be added to all amounts not paid within 30 days after date ofinvoice. All attorney bussed expenses associated with collection of past due invoices will be paid by Client. 5 - Right -of -Entry: Unless otherwise agreed, Client will furrush fight -of -entry on the propecty for AACL to make the planned borings, surveys, and/or cxplorabons. AACE all take reasonable precautions to minimize damage to the property caused by its equipment and sampling procedures, but the cost of restoratiou or damage which may result bourn the planned operations is not included in the contracted amount. IfC6cm desires to =store the property to its former condition, AACE will accomplish this and add the cost to its fee. 6 - Damage to Existing Man-made Objects: It shall be the responsibility of the Owner or his duly authorized representative to disclose the presence and accurate location of all hidden or obscure man made objects relative to field tests, sampling, or boring locations. When cautioned, advised or given dam in writing that reveal the presence or potential presence of underground moveflniound obstructions, such as utilities, AACEwillgivc special instructions to its field personnel. As evidenced by your acceptance of this proposal, Client agrees to defend, indemnify and save harmless A -ACE from all claims, stuts, losses, personal injuries, death and property liability resulting firom subsurface conditions or damages to subsurface structures or man made objects, owned by, Client or third parties, occurring in the performance of the proposed work, whose presence and exact locations were not revealed to AACE in writing, whether such claims of damages arc caused in whole or in part by AACF, and agree to reimburse AACE for expenses in connection with any such claims or suits, including reasonable attorney's fees. Client's obligation to indemnify is limited to $1 million peroccurrencewhiclaClient agerrisbearsareasonableconernexcial crilationshipti, the Work undermakenlayAACE. Client forther agrees that these general conditions are a parrof the Work's specifications or bid documents, if any. 7 - Warranty and Linduation of Liabifity-. AACE shall perform seavices far Client in a professional mantica, using thardegree of care and skill ordinarily exercised by and consistent with the standards o(competent consultants practicing in the same or a similair locality as the project. In the event any portion ofthe services fials to comply with this warranty obligation and AACE is promptly notified in writing prior to one yeac aftear completion of such portion of the services, AA CE will re -perform such portion of the services, or if re -performance is impracticable, AAC17 will refund the amount of compensation paid to AACE for such portion of the services. This warranty is in heu of all other warranties. No other warranty, expressed or implied, including warranties of merchantability and fitness for a particular purpose is made or intended by the proposal for consulting services, by Furnishing an oral response of the findings made or by my representations made regarding the services included in this agreement. In no event shall AACE be liable for my special, indirect, incidental, or consequential loss or delay or timc-related damages. The remedies set forth harem are exclusive and the total liability of consultant whether in contract, ton (including negligence whether sole 0, concurrent), or otherwise arisingout of, connected with orresulting from the services pravided pursuant to this Agreement shall not exceed the total fees paid by Client or $50,000.00, whichever is greater. Client may, upon written request received within five days of Client's acceptance hereof, increase the limit of AACE's liability by, agreeing to pay AACE an additional sum as agreed in writing prior to the commencement of AACE's services. This charge is not to be construed as being a charge for insurance of any type, but is increased consideration for the greater liability involved. For scrtricers involving or echoing to pollution, it is further agreed that the Client shall indemnifty and hold harmless AACE and their consultants, agents and employees from and agamst all claims, damages, losses and expenses, direct and indirect or consequential damages, including but not limited to fees and charges of attorneys and court and arbitration costs, mising outofor resulting from the perforentaince of the work by AACE, or claims against AACE. mising from the work of othern. This indemnification provision extends to claims a0nst AACEwhich amse out of, are related to, or ambased upon, the disposal, discharge, escape, relesese or saturation of vapors, fumes, acids, alkalis, toxic chemicals, liquids, guts or any other material, irritant, contaminator or pollutant in or into the atmosphere or on, onto, upon, in or into the surface or subsurface Client's obligation to indemnify is limited to $1 million per occurrence, which Client agrees brain; a reasonable commercial relationship to the Work undertaken by AACF. Client further agrees that these general conditions are a pact of the Work's specifications or bid documents, if any. 8 - Sampling or Testing Location: Unless specifically stated to the con", the fees included in this proposal do not include costs associated with profession.] land surveying of the site or the accurate horizontal and vertical locations of tests. Field tests or boring locations described in our report or shown on our sketches are based on specific information fornisfird to us by others or estimates made in the field by our technicians. Such dimensions, depths or elevations should be considered as approximations unless otherwise stated in the report. 9 - Sample Handling and Retention: Generally test samples or specimens are consumed and/or substarmally altered during the conduct of tests and AACP at its sole discarcuor, will dispose (subjert to the following) of any remaining residue immediately upon completion of test unless required in writing by the Client to store or otherwise handle the samples. (a) NON HAZARDOUS SAIMPLES: At Client's written request, AACE will manitain preservable test stainfil I es and specimens or the residue therefrom for thirty (30) days after submission of PLACP s report to Client free of storage charges. After the initial 30 days and upon written request, AACH will retain test specimens or samples for a mentally acceptable storage charge and period of none. (b) HAZARDOUS OR POTEN'I'IAI.I.YliAZARDOUSSAMPIJ�,S: In theernt that samples contain substances or constituents hazardous or detrimental to human health, safety or the environment as defined by federal, state or local statutes, regulations, or ordinances CTIazardous Substances" and "Hazardous Constituents", respectively), AACE will, after completion of testing and at Clients expense: M reaurn such samples to Client; fti) using a manifest silmod by Client as generator, will have such samples manspoftod to a location selected by Client for final disposal. Client agrees to pay all costs associated with the storage, transport, and disposal of such samples. Client recognizes and agrees that AACI- is acting as a bailee and at no time does AACE assume tdc o f said waste. 10 - Discovery of Unanticipated Hazaardow Materials: Hazardous materials or certain types of hazardous materials may exist at a site where them is no reason to believe they could or should be present. AACE and Client agree that the discover), of unanticipated hazardous materials constitutes a changed condition mandamega onegodationofthe scope of work or termination of seices. AACE , and Client also agree that the discovery of unanticipated humdous materials may make it riciate;sary for AACE to take immediate measures to protect health and safety. AACE agrees to notify Client as men as practicable should unanticipated hazardous materials or suspected hazardous materials be encountered. Client encourages AACE, to take my and all measures that, in AACE's professional opinion, are justified to preser,c and protect the health and safety of AACE's personnel and the public. Client agrees to compensate AACE for the additional cost of working to protect carriployces'and the public's health and safety. In addition, Client waives any claim against AACF, and agrees to defend, indemnify and save AACE harmless from my claim or liability for injury or loss noting from AACFs discovery of unanticipated hazardous materials or suspected hazardous materials. Client also agrees to compensate AACE for any tune spent and expenses incurred by AACE in defense of any such claim, with such compensation to be based upon PLACE's prevailing fee schedule and expense reimbursement policy relative to recovery of direct project costs. 11 -joint and Several Liability: The concept of joint and several liability is basically this: When two or more pubes no considered responsible faccausing injury or damage, any one of the pubes may be made to provide compensation for as much as 10(r/o of the damages assessed. When applied to hazardous nurcrials projects, it is possible that the concept of joint and several liability could be construed to make AACE partly or wholly responsible for damages created directly or indirectly by the hazardous materials. Client agrees that it would be unfair for AACE to be "porw.d to such an action, because AACE had nothing whatsoever to clowith the creation of the hazardous condition. Accordingly, Client waives any chim algainst AACE, and agrees to defend, indemnify and save AACE harmless firrem any claim or liability for injury or loss arising from application of a joint and several liability concept that would, in any =net, hold or seek to hold AACP responsible for creating a hazardous condition or permuting; one to exist. Client also Wes to compensate AACF for any time spent and expenses incurred by AACE in defense of any such claim, with such compensation to be based upon AACE's prevailing fee schedule and expense reimbursement policy relative to recovery of direct project costs. 12 - LegaIJ urisdictiorrThe pubes agree that any unions brought to enforce any, provision o f this Agreement shall only be brought in a court of competent jurisdiction located in St. LucicCounty,Florida. All causes of action arising out of AACE's Work shall be cleemed to have seemed and the applicable stuates of imitation shall commence to mn not later than either the date of substantial completion of the Work for acts or failures to act occurring prior to substantial completion, or the date of issuance of final payment for acts or failures to act occurring after substantial completion of the Work, 13 - Force Majetice: AACE shaB not be held responsible for any delay or failure in performance of an), pact of this Agreement to the extent such delary or failure is caused by fire, flood, explosion, war, strike, embargo, government requirement, civil or military authority, acts of God, act of emission of subconm ctors, carriers, client or other similar causes beyond its control. P338 M W 4 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator Through: Stan Boling, AICP, Community Development Director FROM: Sasan Rohani, AICP, Chief, Long -Range Planning DATE: August 1, 2017 RE: Consideration of the County's Comprehensive Plan Update and Evaluation and Appraisal Report (EAR) Options It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting on August 15, 2017. DESCRIPTION and CONDITIONS: On March 7, 2017, the Board of County Commissioners (Board) reviewed the County's options for the next Evaluation and Appraisal Report (EAR) of the County's Comprehensive Plan (attachment #I). At that meeting, the Board directed staff to submit an EAR notification letter to the state indicating that the Board had determined that it is not necessary to amend the County's Comprehensive Plan at this time to reflect changes in state requirements since the last Comprehensive Plan update (attachment #2). After the Board meeting, staff submitted the County's EAR notification letter to the State Department of Economic Opportunity (DEO), (attachment #3). Staff then received a response letter from DEO (attachment #4). DEO's letter indicated that the County's March 7th determination was premature and should be made after the 2017 legislative session since new comprehensive plan state requirements could be enacted during the 2017 session. DEO's letter also advised staff to more specifically review a state requirement enacted in 2015 regarding inclusion of a sea level rise component in the Coastal Management Element of the County Comprehensive Plan (see attachment #5). The 2017 legislative session has now ended and no new state requirements for local comprehensive plans were adopted. In addition, staff has re-examined the 2015 sea level rise requirement. The Board now needs to re -consider its EAR determination and have an updated EAR determination notification letter transmitted to DEO. ANALYSIS: After receiving DEO's March 16, 2017 response letter, staff reviewed the County's Coastal Management Element and Future Land Use Element for specific requirements related to sea level rise. Staff identified all existing data and analysis sections and policies of the County's Plan that mention or relate to sea level rise and the Coastal High Hazard P339 Area (the area identified as being vulnerable to a category I hurricane storm surge). Staff then coordinated with DEO staff regarding sea level rise citations in the County's existing Comprehensive Plan. After reviewing sea level rise requirements as well as other state requirements, Community Development staff determined that almost all the Plan meets existing state requirements and is not required to be updated at this time. However, based on the 2015 Legislation session changes made to Section 163.3178, Florida Statutes (attachment #5) and input from DEO, it appears that the county's Coastal Management Element and possibly other related elements such as the Future Land Use Element should be revised to more specifically reference potential impacts of sea level rise. New sea level rise information and policy language will be inserted into and overlap with existing data and analysis sections and policies on coastal erosion and infrastructure in the Coastal High Hazard Area and any relevant existing flood protection data and analysis sections and policies. Staff will initiate the plan amendment during the October 2017 amendment application window and will ensure that the amendment is processed in time to meet the October 1, 2018 deadline for updating the plan to meet all state requirements. RECOMMENDATION: Staff recommends that the Board of County Commissioners direct staff to submit a notification letter to the state indicating that the Board has determined that: 1. Consistent with Florida Statutes Section 163.3178 the county's Coastal Management Element and any other elements, as necessary, will be revised within one year of notification to contain specific information and policies related to sea level rise, and 2. No other amendments to the Comprehensive Plan are needed to reflect changes made to state requirements since the last comprehensive plan update. ATTACHMENTS. I . BCC staff report for March 7, 2017 meeting 2. Minutes from 3-7-17 BCC meeting 3. Staff letter to DEO dated March 7, 2017 4. DEO letter to the county dated March 16, 2017 5. Section 163.3178, Florida Statutes on Coastal Management Element Components FACommunity Development\EAR\2017 EARTAR Notification -BCC 8-15-2017- version 2.doe P340 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator Through; Stan Boling, AICP, Community Development Director FROM: Sasan Rohani, AICP, Chief, Long -Range Planning DATE: February 23, 2017 RE: Consideration of the County's Comprehensive Plan Update and Evaluation and Appraisal Report (EAR) Options It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting on March 7, 2017. DESCRIPTION and CONDITIONS: According to state law that was in effect until June 2, 2011, each local government in the state had to periodically prepare an Evaluation and Appraisal Report (EAR) to assess the success or failure of its comprehensive plan, address changed conditions, and identify needed revisions to its comprehensive plan. Based on its EAR assessment, a local govemmenVs comprehensive plan had to then be updated and revised to ensure that the plan continued to provide sufficient guidance for the local government to make appropriate land use and land development decisions. Consistent with the former State Law, in 1996 the county completed its first EAR. That Comprehensive Plan Evaluation and Appraisal Report (EAR) was adopted by the Board of County Commissioners (Board), submitted to the State of Florida Department of Conummity Affairs (DCA), and found by DCA to be sufficient. In 1998, the Board of County Commissioners amended the County's Comprehensive Plan to incorporate the findings and recommendations of the 1996 EAR, In February 2006, again under the pre -201 I state requirements, staff started work on preparing the county's second Evaluation and Appraisal Report. According to the state rules then in effect, Indian River County had to submit its adopted EAR to the state by December 1, 2008. On November 18, 2008, the Board of County Commissioners approved the County's second EAR. That EAR was submitted to the state and found sufficient on February 25, 2009. On October 12, 2010, the Board of County Commissioners amended the Comprehensive Plan to incorporate the findings and recommeadations of the 2008 EAR. In 2011, the state made several "streamlining" changes to the process for review and approval of comprehensive plan amendments and evaluation processes, including EAR requirements. At that time, the state also replaced DCA with the DEO (Department of ATTAcNM P341 Economic Opportunity) which contains a community planning section. The newer evaluation and appraisal requirements are contained in Florida Statutes 163.3191 (see attachment #1). Effective June 2, 2011, local governments now have more discretion in determining whether they need to conduct an update to their comprehensive plan and how such updates may be conducted. As such, local governments no longer need to submit evaluation and appraisal reports to the state DEO for a sufficiency determination. Instead, each local government must comply with the following new evaluation and appraisal provisions: I . At least every seven years, determine whether or not the comprehensive plan needs to be amended to reflect changes made to state requirements since the last time the comprehensive plan was updated. Local governments must notify the state land planning agency by letter of this determination. 2. If the local government determines amendments to the comprehensive plan are necessary, the local government must prepare and transmit the necessary amendments to the state within one year of such determination. 3. Any local government failing to timely subiriit a notification letter or make the necessary amendments within one year of notification may not amend its comprehensive plan until it complies with the notification and/or amendments requirements. For item #1 above, Indian River County -s deadline is October 1, 2017. By that date, the County must submit a notification letter to DEO indicating whether or not the County's Comprehensive Plan needs to be amended to reflect changes in state requirements since the last time the comprehensive plan was updated. At this time, the Board needs to determine whether or not the County needs to revise its comprehensive plan to comply with state requirements and notify the state land planning agency (DEO) of its determination. ANALYSIS: Per FS 163.3191 requirements, the County does not need to prepare an Evaluation and Appraisal Report (EAR) as was done in 1996 and 2009. However, the Board of County Commissioners must determine whether the need exists to amend the comprehensive plan to reflect changes in state requirements enacted since the last time the comprehensive plan was updated. If the Board decides that the County's Comprehensive Plan must be updated, the updated plan must be submitted to the state by October 1, 2018. In determining whether the need exists to amend the Comprehensive Plan, the County needs to review the goals, objectives, and policies of the Comprehensive Plan elements and sub -elements, since those sections constitute the "action plan" components of the plan. Since the last EAR based amendments were adopted in 2010, various sections of the County's Comprehensive Plan have been revised and updated to ensure consistency with the state requirements and to reflect changes in local conditions. In fact, on August 16, 2016 the Board adopted a broad set of Comprehensive Plan update amendments to numerous plan elements (see attachment #2). Recently, Community Development staff, in coordination with staff from various departments and divisions, reviewed the Comprehensive Plan goals, objectives, and policies and determined that the plan meets rji� M1 IAMM"rr P342 J� existing state requirements and is not required to be updated at this time, Staffs finding is that the County's Comprehensive Plan is currently in good shape, having gone rigorous evaluations and through adjustments in 1996-1998 and 2008-2010, and was amended several times since then with the last major update being completed in 2016. Although there is no need to evaluate and update the Comprehensive Plan at this time, staff believes that a thorough evaluation and appraisal process followed by an amendment update will be needed in several years when data from the 2020 U.S. Census are available. Those data will be used to update the conditions, data, and analysis sections of various plan elements and sub -elements and will arrive at a time (perhaps 2022) when needs, trends and opportunities relevant to various comprehensive plan components should be re-evaluated. Thereafter, the County could conduct a major evaluation and appraisal process every tun years, when "fresh" and up-to-date data are available from each subsequent decennial U.S. Census. Meanwhile, staff will continue to propose and process minor changes as needed to keep the County's Comprehensive Plan up to date and in compliance with state requirements, and will continue to process individual amendment requests and any County initiatives. RECOMMENDATION: Staff recommends that the Board of County Commissioners direct staff to submit a notification letter to the state indicating that the Board has determined that it is not necessary to amend the County's Comprehensive Plan at this time to reflect changes in state requirements since the last update of the Comprehensive Plan. ATTACHMENTS; 1. Section 163.3191, Florida Statutes 2. Minutes from 2-16-16 BCC meeting FACommunity Development\EAR\2017 EAREAR based amendment -BCC 2017.doc XJ RCHUMENT P343 Select Year: ki 6- v f I'Go The 2016 Florida Statutes Title A Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL Chapte RELATIONS PROGRAMS 163.3191 Evaluation and appraisal of comprehensive plan.— (1) At least once every 7 years, each local government shall evaluate its comprehensive plan to determine if plan amendments are necessary to reflect changes in state requirements in this part since the last update of the comprehensive plan, and notify the state land planning agency as to its determination. (2) if the local government determines amendments to its comprehensive plan are necessary to reflect changes In state requirements, the local government shalt prepare and transmit within 1 year such plan amendment or amendments for review pursuant to s. 163.318 . (3) Local governments are encouraged to comprehensively evaluate and, as necessary, update comprehensive plans to reflect changes In local conditions. Plan amendments transmitted pursuant to this section shalt be reviewed pursuant to s. 163,3184(4). (4) If a local government fails to submit its letter prescribed by subsection (1) or update its plan pursuant to subsection (2), it may not amend its comprehensive plan until such time as it complies with this section. (5) The state land planning agency may not adopt rules to implement this section, other than procedural rules or a schedule indicating when local governments mug comply with the requirements of this section. History.—s. 11, ch. 75-257; s. 10, ch. 85-55; L 11, ch. 86-191; S. 10,,ch. 92-12�; s. U, ch. 93-206; s. 6, ch. 95-322; s. 29, ch. 96-410; S. 5, ch. 96-416; s. 4, ch. 98-146; ss. 6,14, ch. 98-176; s. 5, ch. 98-258; s. 17, ch. 2000-158; s. 9, ch, 2002-296; s. 905, ch. 2002-387; s. 4, ch. 2004-730; S. 8, ch� 2005-290: S. 12, ch. Z005-291; s, 13, ch. 2007-196; s, 5, ch. 2007-198; s. 4, ch. 2007-204; S. 5, ch. 2010-205; s. 20, ch. 2011-139; s. 8� ch, 2012-96; s. 9, ch. 2012-99. I Copyright 0 1995-2016 The Florida Legislature - Privacy Statement - Contact Us I I AMMY I gT-fp �'-- I W? - N1 I - P344 ------------------------------------------------------------------------ ;1 -------------------- — -------- ........ theRisk Manager has received and approved the r qui . d i re insurance; and authorized the Pd�chasiug 111anager to renew Vy subsequent extensions authorized under th'e,Contract if in tile best in'terest of tile County. 9. CONSTITUTIONAL OFFICERS ind GOVERNMENTAL AGENCIES 10:44 A. Indian River County Sherif�Deryl Lo, Request for Transfer of $8,595.28 Forkiture Proceeds to Substance Awareness Center Pursuant to Florida State S/61e, 932.7055 551 ..Q;ti�rdate Augu�,Z�t§). ..... ................................................ --------------- * ...... -yt Loar reques auth i7Ation to transfer S8,5915.28 of the Sheriii Del h acquired forfeiture proce Awareness Center. �Vof real or,,P< rso,"al property to tile Substance ON N10-1110VINN by VicdChillrinan Flescher, SY�CCNDUD by Commissioner Davis, the Board 6nanittiously approve([ the transfer of $8,595.28 of acquired furfeitilr4roceeds to the Substance Z\Aatreness Center. The Chairin3if called for a break at 10;45 aan., and re6nvened the meeting at 10:57 a.yp', with all members present. 10. PUBLIC ITEMS 10:57 A. PUBLIC HEARINGS :1.111. 1. County Initiated Request to Amend (Update) the Text of Several Elements of the County's Comprehensive Plan (memorandum date Augp�!.�JQI 552-615 .................. ................. ................................. Legislative PROOFOU'PUBLICAT ION OF ADVERTISEMENT FORII EARING IS ON, FII,E IN TIfE OFFICE OF THE CLERK TO THE BOARD Communi(y Development Director Stan Boling provided background and outlined the proposed text amendments to the County's Coin prchensive Plan. Discussion ensued regarding Fellsincre's annexation amendment process and infrastructure impacts. The Chairman opened the Public Hearing. Bob Johnson, Coral Wind SubdiviMon, sought and received information pertaining to Planned Developments (PD's). There being no other speakers, the Chairman closed the Public Hearing. Board of County Commission Minutes Page 13 August 16,2016 I "CW I P345 ON MOTION by Commissioner O'Bryan, SECONDED by Vice Chairman Flescher, the Board unanimously adopted Ordinauce 2016-008, amending the text of the future Land Use, Transportation, rconomic Development, and Recreation and Open Space Elements, and Solid Waste Sub-Eleuicut of the County's Comprehensive Plan; rind providing codification, severability, and effective date. B. PUBLIC DISCUSSION ITEMS (As a general rule, public discussion items should be 1�jt�d to matters on which the commissi n may take action.) IJ:17 1. Requa�t to Speak from Keith D. Kite /Rcging Hotels 616-617 .................. ------------------ Keith K�ic, 1045 Winding RJ oad, Vero Beach, highlighted some factors that he (bought cou!A facilitate hotel arowth in Indian River Cuu�wh% Ile urged th5/Boird to stay active !a business susfainabili6 tourism marketing, and the local environment. Discussions eli,�Snc 1 as th 1( e"13 )ard posed questions to Mr. Kite. Allison McNeal, 1hdian River County Cliamber of Commerce Tourism Director s id she would provide the Board with a Cout tvivide F'N -�C"ar Monthly Occupancy Rate Comparison Report. 17 1� 12:00 2. Request to Apeak from Gi(ford Economic Development Council p. In. Regarding Gifford Follow -Up \ 618 .. . ....... . ----------------­-- --- ................. ...................... --------------- Wanda Scott, 4306 26"' Al\svenuc, representing the Gifford Economics Development Council, discussed some of' the factors that sh� believed were impacting t�e economic stability of Gifford. I C. None Solari asked staff to � s have been made for the Administrator Brown clarified the Municipil Service Benefit Unit i pending project for drainage impr( COUNTY ADMINISTRATOR MATTERS 12:23 A. Department Head Appointment p.m. ...... Board of County Commission Minutes August 16, 2016 a report on which arco. budget amounts for The and spoke about the ------- ­­ ................... -------- 61-9 ...... Page 14 AMCHMENT I P346 Board of County Commissioners Meeting Minutes - Final March 7, 2017 No Action Taken 11. COUNTY ADMINISTRATOR 114ATTERS 12. DEPARTMENTAL MATTERS A. Community Developmen 12.A.1, 17-0229 Consideration of the County's Comprehensive Plan Update and Evaluation and Appraisal Report (EAR) Options Recommended Action: Staff recommends that the Board of County Commissioners direct staff to submit a notification letter to the state indicating that the Board has determined that it is not necessary to amend the County's Comprehensive Plan at this time Attachments, Staff Report F.S. Section 163.3191 Minutes from 2-16-16 BCC meeting Community Development Director Stan Boling, in his PowerPoint presentation, explained the Evaluation and Appraisal Report (EAR) process and the reason why it is not necessary to amend the County's Comprehensive Plan at this time. Commissioner Solari advised staff to bring this item back to the Board once the N20 Census results have been received. A motion was made by Commissioner Solari, seconded by Vice Chairman O'Bryan, to approve staffs recommendation. The motion carried by the following vote: Aye: 5- Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc B. Ememency Servimes C. General Services 1. Human Services 2. Sandridge Golf Club 3. Recreation D. Human Resources E. Office of Management and Budge F. Public Works Indian Ptver County Flodda KWHMENT 2- Page 13 P347 March 7, 2017 INDIAN RIVER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 1801 27th Street, Vero Beach Fl, 32960 772-226-1237 / 772-978-1806 fax Mr. Ray Eubanks, Plan Processing Administrator Department of Economic Opportunity (DEO) State Planning Agency Plan Processing Team Caldwell Building 107 East Madison Street, MSC 160 Tallahassee, Florida 32399 www.ircgov.com RE: Indian River County Evaluation and Appraisal Report Notification Letter That the County's Comprehensive Plan Does Not Need to be Amended This Time Dear Mr. Eubanks: Please be advised that on March 7, 2017 consistent with Florida Statutes 163.3191 the Indian River County Board of County Comn-iissioners determined by a 5-0 vote that the county's comprehensive plan is consistent with applicable state requirements, reflects current local conditions, and does not need to be amended at this time. Should you need any additional information, please contact Sasan Robani at (772) 226-1250. Sincerely, Stan Boling Al Community 0ev lopment Director cc: Joseph E. Flescher, Chairman of the Indian River County Board of County Commissioners Jason E. Brown, County Administrator Sasan Rohani, AICP, Long -Range Planning Chief Bill Schutt, AICP, Senior Economic Development Planner Dylan Reingold, County Attorney Bill DeBraal, Deputy County Attorney FAC�unity DmiopmentT.AM2017 EAW2017 EAR Notificadon IzW.rtf P348 Rick Scott GOVERNOR DEC) FLORIDA DEPARTMENT -f ECONOMIC OPPORTUNITY March 16, 2017 Mr. Stan Boling, AICP Community Development Director Indian River County 180127 1h Street Cissy Proctor EXECUTIVE DIRECTOR Vero Beach, Florida 32960 RE: Indian River County Evaluation and Appraisal Notification Letter Return Dear Mr. Boling, This is to acknowledge receipt of your Evaluation and Appraisal Notification Letter, received by the Department on March 16, 2017. T ' he Department is returning the County's evaluation and appraisal notification letter dated March 7, 2017, due to it being sent prior to schedule due date. Please note that pursuant to Rule 73C-49, Florida Administrative Code, the County's Evaluation and Appraisal letter is not due to the Department until October 1. 2017. Section 163.3191, Florida Statutes states that each local government shall evaluate its comprehensive plan to determine if plan amendments are necessary to reflect changes in state requirements since the last update of the comprehensive plan. Therefore the Countys evaluation and notification letter has been sent prematurely since the County's evaluation and notification due date is scheduled after the 2017 Legislative session. Also, please be aware that the 2015 Legislation session made changes to Section 163.3178, Florida Statutes, which requires each local government that is required to have a coastal management element to update the element to contain specific requirements related to sea level rise. Since Indian River County is required to have a coastal management element, you may wish to have your legal staff review this new statutory requirement to determine how it affects your comprehensive plan. if you have any questions concerning this letter please contact me, at (850) 717-8483. DRE/me Sincerely, D. Ray Eubanks Plan Processing Administrator Florida Department of Economic Opportunity I Caldwell Building 1107 E. Madison Street I Tallahassee, Fl- 32399 850.245.7105 1 www.florjdajobs.org www.twitter.com/FLDEO Iwww.facebook.comjFUDEO Anequal opportunity employer/program. Auxiliary aids and serviceare available upon requestto individuals with disabilities. All voice telephone numbersonthis document may be reached by persons usingTTY/17D equipment via the Florida RelayService at711. "CHMN'T 4 P349 MBQ4016 Statutes & CwtsthAlonMew SWAtes: Orgine S�Nm Select Year: ; 2016 v � Go - The 2016 Florida Statutes Titte)(1 Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL Chapte RELATIONS PROGRAMS 163.3178 Coastal management. - (1) The Legislature recognizes there is significant interest in the resources of the coastal zone of the state. Further, the Legislature recognizes that, in the event of a natural disaster, the state may provide financial assistance to local governments for the reconstruction of roads, sewer systems, and other public facilities. Therefore, it is the intent of the Legislature that local government comprehensive plans restrict development activities where such activities would damage or destroy coastal resources, and that such plans protect human life and limit public expenditures in areas that are subject to destruction by natural disaster. (2) Each coastal management element required by s. 163,3177(6)(g) shalt be based on studies, surveys, and data; be consistent with coastal resource plans prepared and adopted pursuant to general or special law; and contain: (a) A land use and inventory map of existing coastal uses, wildlife habitat, wettand and other vegetative communities, undeveloped areas, areas subject to coastal flooding, public access routes to beach and shore resources, historic preservation areas, and other areas of special concern to local government. (b) An analysis of the environmental, socioeconomic, and fiscal impact of development and redevelopment proposed in the future land use plan, with required infrastructure to support this development or redevelopment, on the natural and historical resources of the coast and the plans and principles to be used to control development and redevelopment to eliminate or mitigate the adverse impacts on coastal wetlands; living marine resources; barrier islands, including beach and dune systems; unique wildlife habitat; historical and archaeological sites; and other fragile coastal resources. (c) An analysis of the effects of existing drainage systems and the Impact of point source and nonpoint source pollution on estuarine water quality and the plans and principles, including existing state and regional regulatory programs, which shalt be used to maintain or upgrade water quality while maintaining sufficient quantities of water flow. (d) A component which outlines principles for hazard mitigation and protection of human life against the effects of natural disaster, including population evacuation, which take into consideration the capability to safety evacuate the density of coastal population proposed in the future land use plan element in the event of an impending natural disaster. The Division of Emergency Management shalt manage the update of the regional hurricane evacuation studies, ensure such studies are done in a consistent manner, and ensure that the methodology used for modeling storm surge is that used by the National Hurricane Center. (e) A component which outlines principles for protecting existing beach and dune systems from human -Induced erosion and for restoring altered beach and dune systems. (f) (�7re�devetopmentcomWnent erat-ouffinesthi-p—nnciptes tha-t-ffU�t-b6-L&d-Co-dim—in-atiiTn-app—ropri-afe-a-nd-7 trni-afe-dOe-1—opmept in the coastal areas when opportunities arise. The component mUst:-- e 1.rIfk:tGa6'4je7veIopmen arg[redeviopmentl strati;�iog� and engineering solutions that reduce the flood �t _ __ principles,— riwincoastat irea—swfiich-re,4j(g-fro�—hi�W-tideC��ventf, storm—surge, f[Athfl6ods,stormwaterf-urv6ff,-6ndffi6-1 Lretated impacts 6fWa4&-et rise. use,of best practices developmemt-arid 7e&e7eI6-p-rn­ent principles, strategies, and engineerinf At-iFthe removal of coastal real property from flood zone designations establiihed U7fh-e-? 5. P350 7MM6 SWUes & C=0tuUmAAm StadLdas: Ordire Surislim ffederat Emergency Management Agency.__ '3. 71dentify site development techniques and best practices that may reduce tosses due to fl��!4��.nd claims ff taidg- —unrer f t � Winuranc; policies I;s—ued iii thisstati' 4. tBe consistent with, or more stringent than, the flood -resistant construction requirements in the Florida t!�Ilddfr g Code and applicable flood plain management regulations �setforth in 4 FF. E par�60. =_ __ nly construction activities seaward of the coastal construction control lines established pursuant 5. Require that a 161,053 be consistent with chapter 161. 6. T - �courage local governments to participate in the National Flood Insuran�—e_pio—gi�m Community Rating ,Sysftem d mistered by the Federal Ernergency Management Agency toTchii;e 1`16cid insurance premium discounts Ifor.their -residents. (g) A shoreline use component that identifies public access to beach and shoreline areas and addresses the need for water -dependent and water -related facilities, including marinas, along shoreline areas. Such component must include the strategies that wit( be used to preserve recreational and commercial working waterfronts as defined in s. 342,07. (h) Designation of coastal high -hazard areas and the criteria for mitigation for a comprehensive plan amendment in a coastal high -hazard area as defined in subsection (8). The coastal high -hazard area is the area below the elevation of the category I storm surge tine as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. Application of mitigation and the application of development and redevelopment policies, pursuant to s. 380.27(2), and any rules adopted thereunder, shalt be at the discretion of local government. (I) A component which outlines principles for providing that financial assurances are made that required public facilities wilt be in place to meet the demand imposed by the completed development or redevelopment. Such public facilities witi. be scheduled for phased completion to coincide with demands generated by the development or redevelopment. (j) An identification of regulatory and management techniques that the local government plans to adopt or has adopted in order to mitigate the threat to human life and to control proposed development and redevelopment In order to protect the coastal environment and give consideration to cumulative impacts. (k) A component which includes the comprehensive master plan prepared by each deepwater port listed in s. 311.()9(l), which addresses existing port facilities and any proposed expansions, and which adequately addresses the applicable requirements of paragraphs (a) -(k) for areas within the part and proposed expansion areas. Such component shalt be submitted to the appropriate local government at least 6 months prior to the due date of the local plan arid shall be integrated with, and shall meet all criteria specified in, the coastal management element. "The appropriate local government" means the municipality having the responsibility for the area in which the deeprwater port lies� except that where no municipality has responsibility, where a municipality and a county each have responsibility, or where two or more municipalities each have responsibility for the area in which the deepwater port lles� "the appropriate local government" means the county which has responsibility for the area in which the deepwater port ties. Failure by a deepwater port which is not part of a local government to submit its component to the appropriate local government shall not result in a local government being subject to sanctions pursuant to ss. 163,316 and 163.31 . However, a deepwater port which is not part of a local government shall be subject to sanctions pursuant to s. 163,3184. (3) Expansions to port harbors, spoil disposal sites, navigation channels, turning basins, harbor berths, and other related inwater harbor facilities of ports listed in s. 403.021(9); port transportation facilities and projects listed in s. 311.07(3)(b); intermodal transportation facilities identified pursuant to s. 311,09(3); and facilities determined by the state land planning agency and applicable general-purpose local government to be port -related industrial or commercial projects located within 3 mites of or in a port master plan area which rely upon the use of port and intermodal transportation facilities may not be designated as developments of regional Impact if such expansions, projects, or facilities are consistent with comprehensive master plans that are in compliance with this section. (4) Improvements and maintenance of federal and state highways that have been approved as part of a plan hWMwwJegztate.ii.Lm/staUmfindexL*n?App ATTACHmPNT 5 _Mod�Disploy_Sft*D&Sewct�_String--&URL=0100-0199/0163t-�4�w6Ml63.317&htmI 214 P351 MEW% St8tUm & Cwst"w:M�SrrrhAes: OrgireSumhm approved pursuant to s. 380.045 or s. 380,05 shall be exempt from the provisions of s. !AP.ZZ(2). (5) The appropriate dispute resolution process provided under s. 186,509 must be used to reconcile inconsistencies between port master plans and local comprehensive plans. In recognition of the state's commitment to deepwater ports, the state comprehensive plan must include goals, objectives, and policies that establish a statewide strategy for enhancement of existing deepwater ports, ensuring that priority is given to water -dependent land uses. As an incentive for promoting plan consistency, port facilities as defined in s. 315.02(6) on lands owned or controlled by a deepwater port as defined in s. 311,09(l), as of the effective date of this act shall not be subject to development -of -regional -impact review provided the port either successfully completes an alternative comprehensive development agreement with a local government pursuant to ss. 163.3220-163,3243 or successfully enters into a development agreement with the state land planning agency and applicable Local government pursuant to s. 380,032 or, where the port is a department of a local government, successfully enters into a development agreement with the state land planning agency pursuant to s. 380.032. Port facilities as defined in s. 315.02(6) on lands not owned or controlled by a deepwater port as defined in s. 311,09(1) as of the effective date of this act shall not be subject to development -of -regional -impact review provided the port successfully enters into a development agreement with the state land planning agency and applicable local government pursuant to s. 380,032 or, where the port is a department of a local government, successfully enters into a development agreement with the state land planning agency pursuant to s. 380,032. (6) Each port listed in s. 3J_tM(1) and each local government in the coastal area which has spoil disposat responsibilities shalt provide for or identify disposal sites for dredged materials in the future land use and port elements of the local comprehensive plan as needed to assure proper tong -term management of material dredged from navigation channels, sufficient long-range disposal capacity, environmental sensitivity and compatibility, and reasonable cost and transportation. The disposal site selection criteria shalt be developed in consultation with navigation and inlet districts and other appropriate state and federal agencies and the public. For areas owned or controlled by ports listed in s. 311.09(l) and proposed port expansion areas, compliance with the provisions of this subsection shalt be achieved through comprehensive master plans prepared by each port and integrated with the appropriate Local plan pursuant to paragraph (2)(k). (7) Each county shall establish a county -based process for identifying and prioritizing coastal properties so they may be acquired as part of the state's (and acquisition programs. This process must include the establishment of criteria for prioritizing coastal acquisitions which, in addition to recognizing pristine coastal properties and coastal properties of significant or important environmental sensitivity, recognize hazard mitigation, beach access, beach management, urban recreation, and other policies necessary for effective coastal management. (8)(a) A proposed comprehensive plan amendment shall be found in compliance with state coastal high -hazard provisions if: 1. The adopted level of service for out -of -county hurricane evacuation is maintained for a category 5 storm event as measured on the Saffir-Simpson scale; or 2. A 12 -hour evacuation time to shelter is maintained for a category 5 storm event as measured on the Saffir- Simpson scale and shelter space reasonably expected to accommodate the residents of the development contemplated by a proposed comprehensive plan amendment is available; or 3. Appropriate mitigation is provided that will satisfy subparagraph 1. or subparagraph 2. Appropriate mitigation shall include, without Limitation, payment of money, contribution of land, and construction of hurricane shelters and transportation facilities. Required mitigation may not exceed the amount required for a developer to accommodate impacts reasonably attributable to development. A local government and a developer shall enter into a binding agreement to memorialize the mitigation plan. (b) For those local governments that have not established a level of service for out -of -county hurricane evacuation by July 1, 2008, by following the process in paragraph (a), the level of service shall be no greater than 16 hours for a category 5 storm event as measured on the Saffir-Simpson scale. (c) This subsection shalt become effective immediately and shalt apply to all local governments. No later than July 1, 2DO8, local governments shalt amend their future land use map and coastal management element to include hhp:IA�.leg.state.fl.us/staMmArd�.cfm?App L 314 _ModB=Display_SL-ikAe&Smrch—String--&URL=010D-OiWD163/Sectims/0163. 0814CINt�"Ir P352 MAM16 Statutes & Cmstitutian Miew Statutes: Orgine Sunshne the new definition of coastal high -hazard area and to depict the coastal highrhazard area on the future, land use map. History.—s. 7, ch. 85-55; s. 8, ch. 86-191; s. 24, ch, 87-224; s. 7, ch. 93-206; s. 899, ch. 95-147; s. 11, ch. %-320; S. 65, ch. 99-251; s, 2, ch. 2005-157; s. 2, ch. 2OD6-68; s. 4, ch. 2009-85; s. 44, ch. 2010-102; s. 14, ch. 2011-139; ss. 7, 80, ch. 2012-96; s. 6, ch. 2012-99; s. 1, ch. 2015-'69. I Copyright Q 1995-2016 The Florida Legislature - Privacy Statement - Contact Us I KTA,[,'ljo�lrg 5 httP:IAVWW.Iegxtate.fl.uslsWutesAn&x.cfrn?App_pock-Dlsplay_StmVe&Swch Strlrlg=&URL=0100�0190163Gecbor6M63.3178.htmI 414 P353 M 0 00 0 0 0 (Ma r 04' 2) INEDL 000mft% momom M 0 > = 0 X > �h z ro L 0 0 >IMMIL 0 0 =0 M mh am (D IMMIL MENEM 0 (A w*4 lw PX, wiiia 1�53-) I I I m I I 1 0 m 0 M > r- 0 - X X — r— C) a, < m 'aaaaa m 0 2L (D < (00 --1 00) < 0) 3 ma Mi CD cr a) U) c -0 0- CL C: via 0 C: c: -0 0 IMEMEN MINNEW CD Q- > -D+- 01- C =r rols, (D 0 CD 0 0 0 rMIL = 0 0 CL CD CD Can 0 am QL 0 mv 0 13 rMIL mo rmtk rolL (D CL B CD IMMIL (0) %Wm000 kv� m MN 0 0 CD CA CA /V bbb -)L r -q- 0 2 a (o 0 CD 3 CD r -l- 0 mo CD 0 0 w n 70 M"l CD CD 0 Mi rEDL 0 Lo r. CD w 0 =r 0 0 E 0 Moh rMIL =r m 0 0 0 0 3 CD CL 3 w cn -0 -a n Z CD --n CD (n CD (n =r (n =r CD CD 0 CD :3 CD =r M CD Ln. 0. M Ln. cn < CD < C: CD CD o CD 0 CD CD. CD < cn 0 0 cn 0 :3 0 :5 0- cn r--l- r--I- 0 C: cn CD 0 CL cn r -q- 0 2 a (o 0 CD 3 CD r -l- 0 mo CD 0 0 w n 70 M"l CD CD 0 Mi rEDL 0 Lo r. CD w 0 =r 0 0 E 0 Moh rMIL =r m cn CD :3 0 l< CD. CD r -.1 - CD M�l 3 0 cn 0 C: 0 c m r 3.(o 0 M CD > 3 0 CD (n CD :3 (n- o w — r -q- 0 CD =3 (C) M CD M-1 0 =3 CD CD CL 0 r -W lm� CD CD 0 CD CL IrD )MW* CD IrD 00 ow rD MEW 0 0 CD i CD (D rD ow OEW * CD r+ IrD n r4- IrD �Z fD ,-P. 3o- � CD CD 0 ;:� p (D C -D CD CD CD 5� CD CD CD CD OP cr CD (D M CD CD P CD (D C-+ r-+ CD b CD CD �=A f-+ > Q CD CD C -D CD C -D -t� 0 CL CD .4� 5 CD O.A 0 (D CD C -D q /-� V cn C4 CD CD CD a", CD CD CD uq C -D COO ('D CD r-�= /P. -Mb -5 CD CD CD CD CD CD CD r-+ CD CD CD CD CD CD �-c P� j CD CD (D CD CD CD CD k,� CD CD a �:s En CD CD CD C'n m CD CD CD 0 CD CD CTA cn CD CD ./p, 60- � CD CD (D �-c 5 CD CD �:; 0 �:$ CD fD CD CD CD CD CD CD CD CD 4e, COD CD CID 0 CD CD CD CD (D CD CD r -L CD CD AM Iiiiiiiiii ,-F65b-7 5 * C) CD r -L 0 CD CD CD CD AD qQ rA --A R 0 g Qq Q CD w P� CD cl, 0 CD CD 0 rL CA C4 CD CD CL ID CD 0. rL CD 0 CD CD .6 0 w CD CD w W 00 0 0 ol " �+ CD CD CD CD CD t=L. �j M AD c) (D CD CD P) CD CD �:� CD fD CD C) CD w CD �+ P� CD 0 CD CI. r� t7. �:p CD CD CD CL �j R cr CD �+ cn CD CD CD R 0 t:t 0 t3 �+ �) CD cL 0 0 CD CD r -L CD 0 C7, CD 0 W COD CD CD ca, 0 CD CD CD t� CD w CD CD CD CD CD CD 0 1+ CD (D C) 0 � M— C) ror. m P 0 CD CD CD R CD UQ cn CD CD CD CD CD /V ML� - � �,j cn n CD CD 0 0 W x CD 00 CD CD CD CD $= CD o CD CD -D CD C CD p CD 0 CD p CD CD CD CD CD CD CD CD -D �3 C (D ,a 0 (D 0 cn 0 (D 0, 5 (D CD CD CD CD (D CD CD CD CD ta. CD CD CD CD roll - m elp Mb - q I -P b5b- 10 CD CD CL st �5 CL CD CD CD IM lot CD CD CD CD CD CD CD CD CD CD CD 0 I -P b5b- 10 m (n CD Z 0 CD 0 CD 0- 0 CD Xl- CL =r CD r --l- CD o Cn. CD, 3 CD 0 U =3 0 0 C)- 3 0 3 -0 =r CD CD CD =3 CD (n 0 < 3 CD M CD CD 0 o 3 -0 W CD CD CD 5D -n =3 CD (n. CD CD 3 CD cn CD —1 CD w P -t - CD 0 cn CD CD CD w 0 CD CD o 3 CD 0 0 =3 cn r --D- = 0 CD 0 0 0 CD cn rzt. cn (n _0 CD 0. cr ="! m 0 CD 0 (n "s CD 3 w 0 =3 =r 0 CL = -0 CD 0 �< CD D' cn 0 0 (n 0 0 w cn CD 3 CD m u 3 CD 0 CD 1-1 0 R w L 0 CD cn C: I --#- CD cn cn CD 0 0 =3 --4 co CD CL CD r-+. CD 11 3. CD =3 cn 0 0 CD 0 o 3 3 CD CD in 0 =r CD cn M CD r-1. CD 0 CL CD 0 C'n =r 0 CD (n co q 0 cr 3 (n X (D 0 0 (D m rMIL �m 0 X AM INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Keith McCully, P.E., Stormwater Engineer SUBJECT: Recommendation to Delay Construction of the Reinforced Concrete Wall Sawing and Duperon FlexRake Rehabilitation at PC Main Screening System and Reissuance of Bond DATE: August 7, 2017 DESCRIPTION AND CONDITIONS On May 9,2017, the Board of County Commissioners (Board) voted to award a construction contract to Costello Brothers Marine Construction (Contractor) for various improvements to the PC Main Screening System. The contract amount is $149,058. A preconstruction meeting was held on June 25, 2017 at the project site to discuss the Work. Attending were County Staff the Contractor, and Indian River Farms Water Control District Superintendent Mr. David Gunter. At the meeting, Mr. Gunter strongly recommended the Work be placed on hold until the second or third week in February 2018. He stated the reason for recommending the delay is a high possibility of dangerous working conditions in the Main Relief Canal at times, due to potential large canal water flows during the rainy and hurricane seasons. The Contractor is willing to delay the Work until the second or third week of February 2018 as recommended by Mr. Gunter and will still honor the $149,058 contract price. The Contractor has requested the County release its existing Public Construction Bond as it is affecting its current bonding capacity. A letter from the Contractor's surety regarding issuance of a new bond in a timely manner before construction occurs is included as Attachment 1. An Extension of Agreement is presented as Attachment 2. FUNDING Funding for this project is currently budgeted in AccountNo. 31524338-066510-16001 (Optional Sales Tax Funds/Public Works/PC Main Relief Canal Upgrade) A "rollover" Budget Amendment will be processed in Fiscal Year 2017-2018. RECOMMENDATION Staff recommends the Board approve delaying the Work until February 2018 and releasing Costello Brothers Marine Construction, Inc.'s existing Public Construction Bond, and allowing it to provide a new Public Construction Bond at an appropriate time before commencing construction in February 2018. Staff further recommends the Board authorize the Chairman to execute the Extension of Agreement prepared by the Office of County Attorney. C \Users\GRANIC—I\AppData\L�ai\Temp\BCLTechnotogies\easyPDF 7\@BCI,@0006IB9C\@BCL,@0006IB9C.doc P354 Page 2 Recommendation to Delay Construction of the Reinforced Concrete Wall Sawing and Duperon Flexrake Rehabilitation at PC Main Screening System and Reissuance of Bond BCC Meeting — August 15, 2017 ATTACHMENTS Attachment I - Letter from Surety Attachment 2 — Extension of Agreement Jennifer Hyde, Purchasing Division Michael!Smykowski, Budget Division William K. DeBraal, Deputy County Attorney APPROVED AGENDA ITEM FOR AUGUST 15,2017 P355 July 31, 2017 1ATTACHMEN Liberty SuretyFirst. Mcmber of Uberty Mutual Group To Whom It May Concern: Jordan K. Macon Field Contract Undemriter LAIS - QuickAccess Mail Stop 024S 2055 Sugarloaf Circle Suite 275 Duluth, GA 30097 Phone: (678) 417-3849 We recently approved a bid bond and subsequent final bond for Costello Brother Marine Construction, Inc. to Indian River County for $149,058. In light of recent information concerning the delay of the start of the job we would be willing to reconsider bonding the final bond again at that time if requested. Please be aware that this job will continue to be counted towards their current aggregate backlog. If any subsequent jobs requested from the principal exceeds their current aggregate of $400,000 then the principal will need to submit the necessary financial information for consideration of a larger: aggregate. Sincerely, N21= �� Jordan K Macon, AFSB LMS QuickAccess Underwriter P356 EXTENSION OF AGREEMENT between INDIAN RIVER COUNTY and COSTELLO BROTHERS MARINE CONSTRUCTION, INC. THIS EXTENSION OF AGREEMENT, entered into this _ day of August, 2017 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("County"), and COSTELLO BROTHERS MARINE CONSTRUCTION, INC. (Costello) 1000 Production Drive, Sebring, FL 338703-2957. WITNESSETH WHEREAS, the County and Costello entered into an Agreement for Reinforced Concrete Sawing and Duperon FlexRake Rehabilitation on May 9, 2017 and WHEREAS, the work will be conducted at the Main Relief Canal owned and operated by the Indian River Farms Water Control District (Farms); and WHEREAS, the summer months in Florida tend to be the rainy season with frequent thunderstorms and heavy rains that cause the water level in the Main Relief Canal to fluctuate often; and WHEREAS, after consultation with the Farms, the parties agree that it would be safest and more efficient to conduct this work in February 2018 when the weather is historically drier; and WHEREAS, the COUNTY desires to continue to utilize the services provided by Costello and Costello has offered to keep the same price for the work as stated in the Agreement; NOW THEREFORE, in consideration of their mutual covenants, the parties herein agree as follows: 1. The above recitals are true and correct and incorporated by reference herein. 2. The Agreement dated May 9, 2017, is hereby extended until February 28, 2018 and all the terms and conditions contained therein shall remain unchanged and in full force and effect. 3. Any bonds posted by Costello shall be returned to Costello and Costello may cancel those bonds until such time as the work is ready to proceed. I C:\Users\GRANIC—I\AppData\Loca]\Temp\BCL Technologies\easyPDF 7\@BCL@0006BOA5\@BCL@0006BOA5.doc P357 IN WITNESS WHEREOF the parties hereto have executed these presents this - day of 2017. COSTELLO BROTHERS MARINE CONSTRUCTION, INC. BY: Andrew E. Costello, President Approved: Jason E. Brown, County Administrator ?".4 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA M Joseph E. Flescher, Chairman Board of County Commissioners Approved by the BCC: ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller F-YA Deputy Clerk Approved as to Form and Legal Sufficiency: William K. DeBraal Deputy County Attorney 2 C:\Users\GRANiC—I\AppData\Local\Temp\BCL Techno1ogies\easyPDF 7\@BCL@0006BOA5\@BCL@0006BOA5.doc P358 INDIAN RIVER COUNTY, FLORIDA 7L MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Work Order No. 3, Masteller & Moler, Inc. 64th Avenue Sidewalk Project - Wabasso DATE: July 25, 2017 DESCRIPTION AND CONDITIONS On November 15, 2011, the Board of County Commissioners approved the Continuing Contract for Professional Services with Masteller & Moler, Inc. and on November4, 2014, approved an Extension and Amendment of the Continuing Contract. The purpose of Work Order No. 3 is to provide design service for the future construction of a sidewalk along the west side of 64th Avenue from 86th Lane north to 88 1h Street and then west on 881h Street to entrance of Wabasso Park, approximately 2,450 linearfeet in length. The need fora sidewalk along the route has been established bythe Wabasso Community as part of the Wa basso Corridor Plan 2017, West Wabasso Action 1.3. Public Works has reviewed the area and agrees that continuation of the existing sidewalk from 86" Lane to Wabasso Park is necessary to establish safe pedestrian access to Wabasso Park. Work Order No. 3 is for a total lump sum amount of $21,435.00. FUNDING Funding is available in Optional Sale Tax, 64" Avenue Sidewalk, Account No. 31521441-066510-17020 in the amount of $21,435.00. RECOMMENDATION Staff recommends approval of Work Order No. 3 to Masteller & Moler, Inc. authorizing the above- mentioned professional services as outlined in the attached Scope of Services and requests the Board uthorize the Chairman to execute the attached Work Order No. 3 on their behalf for a total lump sum mount of $21,435.00. ATTACHMENTS Work Order No. 03 DISTRIBUTION Masteller & Moler, Inc. APPROVED AGENDA ITEM FOR AUGUST 15, 2017 C \U��GP-ANIC�]\AppData\Lonl�T"\BCL Technologksk�yPDF 7�@BCL@5005AEDCX@BCL@5005AEDC.dm P359 0 Board of County Commissioners 1801 27th Street Vero Beach, Florida 32960 Telephone: (772) 567-8000 FAX: 772-778-9391 Project: WORK ORDER NO. 3 (Engineering) FOR PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL CIVIL ENGINEERING SERVICES CONTRACT WITH Masteller & Molar, Inc. SIDEWALK ALONG 64TH AVENUE FROM 86TH LANE TO WEST WABASSO PARK — IRC Project No. 1726 This Work Order No. 3 is in accordance with the existing AGREEMENT dated November 4 th, 2014 between Masteller & Moler, Inc. (ENGINEER) 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 ENGINEER to perform professional engineering services in connection with the planning, design, and permitting of sidewalk along 64th Avenue from 86 1h Lane to Wabasso Park. SECTION 11 - SCOPE OF SERVICES As agreed upon between ENGINEER and the COUNTY, the ENGINEER shall provide Professional Engineering services to complete all tasks as outlined in this Work Order No. 3 as follows: Task A — Land Survey na: The County has provided a Route Survey generally following the limits of the project on NGVD'29 datum in Autocadd format and hard copy format sign & sealed. If necessary, we shall provide additional surveying to supplement the information provided by the County. As it is not known if additional survey information will be required, we will provide for this service on an as needed basis. Task B — Soils Borings: We shall obtain six (6) hand augers along the route of the project to verify the stability of soils along the route. P360 IRC Work Order No. 3 64� A VENUE SIDEWALK — /RC PROJECT No. 1725 MM FiIe#1 723 Page 2 of 4 Task C - Sidewalk Design: We shall provide design services for the construction of a sidewalk along 64 1h Avenue and the West Wabasso Park Entry Road. The design shall be depicted on both plan views and cross- sections with sufficient details to allow a contractor to clearly understand the scope of work for bidding and construction of the project. The proposed five foot �5') wide, six inch (6") thick sidewalk shall be designed to be constructed on the west side of 64 Avenue beginning on the northwest corner of 86 th Lane. The design shall provide for the installation of both a stop bar and crosswalk at said intersection. The proposed sidewalk along 64th Avenue will generally slope towards the west into existing availabi * e swale drainage. The elevation of the sidewalk shall generally be set to allow for continuation of the crowned street drainage from the 64h Avenue centerline across the sidewalk to the swale drainage system. The 5' wide sidewalk along the West Wabasso Park Entrance Road shall be designed along the north side of the existing roadway with a 6' separation from the edge of pavement. It is understood the County will be preparing a Maintenance Map which shall depict the north right- of-way line a sufficient distance north of the existing edge of pavement such that the sidewalk will be situated in the right-of-way. The existing 36" CMP culvert crossing 64'h Avenue at Station 113+40 and 12" x 18" CMP as depicted on the Route Survey provided by the County shall be designed to be replaced with reinforced concrete pipes (RCP's) of equal size with FDOT Standard headwalls. (No drainage calculations will be performed to validate the size of the culverts.) The existing 48" CMP beneath West Wabasso Park Entrance road at Station 14+85 as depicted on the Route Survey provided by the County shall be designed to be replaced with a 38" x 60" elliptical reinforced concrete pipe (ERCP) with FDOT Standard headwalls. (No drainage calculations will be performed to validate the size of said culvert.) Along the route of the project we shall design for all driveways on the same side of the street as the proposed sidewalk to be replaced with six inch (6") thick concrete with FDOT flared end sections. Our design plans shall also describe adjustments that may be required to existing water meters, fire hydrants, water valves, and other physical features along the route. The plans will also include modifications to drainage facilities along the route of the project that may be impacted by the proposed sidewalk location. It is anticipated some water meters may need to remain in the new sidewalk. The sidewalk shall terminate 10' +/- to the east of the existing vehicular entry gate at the West Wabasso Park. The design shall provide for the installation of a pedestrian gate generally within the alignment of the existing fencing near the park entry. Items to Be Provided By Client: To support our design and permitting services on this project, it is understood the County will provide the following information: P361 IRC Work Order No. 3 64' A VENUE SIDEWALK — IRC PROJECT No. 1725 Page 3 of 4 MMFile#1723 1. Route Survey in Autocadd with topographic survey information on either NGVD'29 or NAVD'88 datum as desired the County. Any and all items not specifically set forth in this Work Order are excluded. Specifically excluded items include but are not limited to: application fees, drainage computations; and construction services. SECTION III - TIME FOR COMPLETION & DELIVERABLESNVORK PRODUCT 1. Project shall be completed as follows: Task A — Land Surveying As Needed Task B — Soil Borings 10 Working Days Task C — Design (Civil) / Site Plan Application 40 Working Days 2. Deliverables — The ENGINEER shall provide the COUNTY: a. Preliminary Construction Plans 2 Sets b. Final Construction Plans 10 Sets c. Permit Application Forms As Required d. Related digital AutoCAD and PDF files SECTION IV - COMPENSATION The COUNTY agrees to pay, and the ENGINEER agrees to accept a maximum not -to -exceed amount of $ 21,435.00 for the above-described services rendered as identified in Sections I and 11 of this Work Order No. 3 based on the following: Task A - Land Surveying (Hourly) $ 3,000.00 (See Note Below) Task B — Soil Borings $ 750.00 Task C — Sidewalk & Drainage Improvements Design $16,685.00 Reimbursables (max.) $ 1,000.00 Total Maximum Amount Not -To -Exceed $21,435.00 Note: Task A is a budget figure that will only be invoiced if MMT is requested to perform supplemental land surveying along the project route. Reimbursement for payment of direct costs, including reproduction, copies, prints, mail, Fed -Ex, etc. is estimated at $ 1,000.00. Actual cost will vary depending on quantity provided. We shall invoice monthly for these services based on the percentage of completion of each task. All and/or any additional services not described hereon shall be pre -approved by the COUNTY. Approved additional services shall be invoiced at the rates disclosed in the approved fee schedule with the ENGINEER. P362 IRC Work Order No. 3 64TH AVENUE SIDEWALK — IRC PROJECT No. 1725 Page 4 of 4 MMFile#1723 The AGREEMENT is hereby mended as specifically set forth herein. All remaining sections of the AGREEMENT shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF the parties hereto have executed these presents this _ day of .,20—. CONSULTANT: MASTEL::j;; By: Stephen E. Moler, PE Title: Vice President By: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joseph E. Flescher, Chairman BCC Approved Date: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Cleri Approved: Approved as to form and legal sufficiency: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney P363 PAM, INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Gifford Neighborhood 451h Street Beautification Project Phase 11 Work Order No. 14, Kimley-Horn & Associates, Inc. DATE: July 26, 2017 DESCRIPTION AND CONDITIONS On November 15, 2011, the Board of County Commissioners approved the Continuing Contract for Professional Services with Kimley-Horn & Associates, Inc. and on November 4, 2014, approved an Extension and Amendment of the Continuing Contract. On July 7, 2015, the Board of County Commissioners authorized the construction of the Gifford Neighborhood 45t' Street Beautification Project, Phase 1. The project is Action 9.2 in the Gifford Neighborhood Plan approved bythe Board in July of 2014 and scheduled for completion by Public Works in 2016. The improvements included the milling and resurfacing of 451h Street from 431d Avenue to East of 24 1h Avenue, the addition of S' wide paved shoulders, pavement markings, 700 -LF of new sidewalk, existing sidewalk repairs, the replacement of failed or failing drainage pipes underthe roadway, and substantial landscape improvements. Thetotal cost of Phase I was $1,812,084.29. The project was completed and final payment approved by the Board on December 13, 2016. Action 9.3 of the Gifford Neighborhood Plan states by 2018the County will improve and beautify the segment of 45" Street from 43d Avenue to US #1 with Phase 11 improvements. The improvements will include culverting certain portions of the canal on the south side of 45 1h Street and landscaping improvements. Design of the project is the first step in completing Action 9.3. Work Order No. 14 is to provide design and permitting services to enclose the sub-lateral'H'cana I along the south side of 45" Street, from 301h Avenue to west of 4151 Avenue, approximately 3,900 linear feet, a 6 -foot sidewalk, and landscaping improvements. FUNDING Funding is budgeted in Account No. 10921441-066510-03023, Gas Tax, 45t' Street Beautification — Phase 11 in the amount of $85,495.00. RECOMMENDATION Staff recommends approval of Work Order No. 14 to Klmley-Horn & Associates, Inc., authorizing the above- mentioned professional services as outlined in the attached Scope of Services (ExhibitA) and requests the Board authorize the Chairman to execute the attached Work Order No. 14 on their behalf for a lump sum amount of $85,495.00. ATTACHMENTS Work Order No. 14 DISTRIBUTION Kimley-Horn & Associates, Inc. AGENDA ITEM FOR AUGUST 15, 2017 C:\Usm\G�NIC—ILWDmaU��Tcw�CLT��logies�t�PDF 7k@BC1j@5N55�AgBCL@5W55EE4 dm P364 INDIAN RIVER COUNTY CONTINUING CONTRACT AGREEMENT FOR PROFESSIONAL SERVICES This Work Order Number 14 is entered into as of this — day of , 2017, pursuant to that certain Continuing Contract Agreement for Professional Services, dated November 15th 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 KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant"). EXHIBIT A –SCOPE OF WORK 45th Street Beautification Phase 11 The COUNTY desires to continue the pedestrian and beautification improvements along 45th Street, as originally contemplated in the Gifford Neighborhood Plan developed by Gifford residents and Indian River County. The Phase 11 improvements will incorporate enclosing the existing Indian River Farms Water Control District (IRFWCD) sub -lateral canal located along the south side of 45th Street. The proposed sub -lateral canal enclosure will begin approximately 625 linear feet east of 43 Id Avenue (connecting to the newly installed sub -lateral enclosure culvert recently constructed, by others) and continuing approximately 3,800 linear feet to the IRFWCD Lateral 'H' Canal. The purpose of the sub -lateral canal enclosure is to allow for a 6' pedestrian sidewalk to be constructed along the south side of 4511 Street, extending the pedestrian connection along the south side of 45th Street from approximately 43rd Avenue to 28 th Court (Gifford Middle School). In addition, the additional green space created by enclosing the sub -lateral canal will allow for additional landscape improvements to be constructed away from existing utilities and other limiting factors located along the north side of 45 th Street. i I r a .- e P365 Work Order No. 14 — 4511 Street Beautification Phase 11 Improvements, Indian River County A. Supplemental Topographic Survey: The Consultant will provide professional surveying services to supplement the existing 45 th Street Topographic Survey prepared by the COUNTY. The topographic design survey will be prepared under the direct supervision of a Professional Surveyor and Mapper registered in the State of Florida, in accordance with the Minimum Technical Standards for surveying in the State of Florida, pursuant to Chapter 5.1-17, Florida Administrative Code. B. Construction Plans: The final design plans will be prepared in accordance with the Indian River County and Florida Department of Transportation (FDOT) standards to provide all elements necessary to accommodate the scope of work. This effort will include at a minimum; Key Sheet, Typical Section Sheet, General Notes Sheet, Plan and Profile Sheets, Cross Section Sheets, Erosion Control Sheets, Opinion of Probable Construction Cost and other detail sheets as necessary to produce the construction bid plans. The following additional data shall be utilized for development of the plans: 1. The roadway plans sheets will be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. 2. Plan sheets shall depict existing right-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's, PT's, curve radius, curve length and horizontal Pi's shall be included on the Plan or summarized in an alignment table. 3. Signing and Pavement Markings will be included within the Construction Documents. All signing and pavement markings are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and COUNTY standards. 4. Utility adjustment sheets are not included in this scope of services and will be negotiated, if required, as a separate agreement at the completion of the design phase. 5. Plans shall include spot grades adequate to describe any proposed grading. 6. Match lines shall not be located within the limits of an intersection. Page 2 of 7 P366 Work Order No. 14 — 4511 Street Beautification Phase 11 Improvements, Indian River County 7. If applicable, soil boring information shall be plotted on cross sections with soil classification and high season water table. 8. All quantities shall reference FDOT Pay Item Numbers. 9. All details shall reference FDOT Index Numbers. 10. All specifications shall reference to FDOT Specifications for Road and Bridge Construction. Any deviations are special specifications not included in FDOT Specifications are required in the Technical Specifications. 11. Initial (40% completion), interim (80% completion) and Final Plan (100% completion) Submittal shall include the following: L Three (3) Sets of Signed and Sealed Plans. ii. One (1) Opinion of Probable Construction Cost iii. One (1) CID with drawings in PDF format. The plans will be prepared based upon English units. The design will be conducted in MicroStation and Geopak. Final Design files will be provided to the COUNTY in autoCAD format. C. Drainape Design and Permitting: 1. Perform drainage investigations and analysis necessary to prepare a design which will drain the project in accordance with the COUNTY, St. Johns River Florida Water Management District (SFWMD), IRFWCD and U.S. Army Corps of Engineers (ACOE) design criteria. The work will include the engineering analyses for the following: a. Design of Roadway Ditches Design roadway conveyance ditches. This includes determining ditch cross sections, grades, selecting suitable channel lining, designing the side drain pipes, and documentation. b. Design of Outfalls Analyze and document the design of ditch or piped outfalls. c. Drainage Design Documentation Report Compile drainage design documentation into report format. Include documentation for all the drainage design tasks and associated meetings and decisions, except those associated with the Pond Siting Analysis Report and Bridge Hydraulics Report. Page 3 of 7 P367 Work Order No. 14 — 4511 Street Beautification Phase 11 Improvements, Indian River County 2. The Consultant will submit a permit applications to the IRFWCD, St. Johns River Water Management District (SJRWMD) and the U.S. Army of Corps Engineers (ACOE) to support the proposed improvements. 3. A Stormwater Pollution Prevention Plan (SW3P) will be developed in conjunction with this project. The site specific SW3P is a requirement of both the EPA National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Construction Activities, and the FDEP Generic Permit for Stormwater Discharges from Construction Activities. 4. All permit fees will be paid directly by the COUNTY and are not included in the lump sum fees. D. Franchise Utility Coordination. The Consultant will coordinate with franchise utility operators in the vicinity of the project such that the proposed construction activities can be developed to minimize impacts to existing utilities located within the project limits. The Consultant will physically locate subsurface existing franchise utilities that cross the IRFWCD right- of-waV to ensure that conflicts with the proposed culvert improvements are avoided. E. Landscape Plans: The Consultant will prepare Landscape improvement plans consistent with the Phase 11 conceptual landscape plan, previously approved by the COUNTY. Final design shall include identifying the species/tVpe, size, location, spacing and quality of all plants. The Landscape Plans will be developed to not require an automated irrigation system. Page 4 of 7 P368 Work Order No. 14 — 45� Street Beautification Phase 11 Improvements, Indian River County EXHIBIT B— FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A; Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task LaborFee Supplemental Topographic Survey $6,500 Construction Plans $46,365 Drainage Design and Permitting $22,870 Franchise Utility Coordination $2,510 Landscape Plans $7,250 Project Total $85,495 (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 5 of 7 P369 Work Order No. 14 — 45 1h Street Beautification Phase 11 Improvements, Indian River County EXHIBIT C— TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately six (6) months from the Notice to Proceed (NTP). hkqf� Initial Submittal (40% Design Drawings) Interim Submittal (80% Design Drawings) Final Submittal (100% Design Drawings) contingent upon BOCC approval 1 months following NTP 4 months following NTP 6 months following NTP (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) Page 6 of 7 P370 Work Order No. 14-45" Street Beautification Phase 11 Improvements, Indian River County 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 B (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 C (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 KIMLEY-HORN AND ASSOCIATES, OF INDIAN RIVER COUNTY INC. By: ------ � Joseph E. Flescher, Chairman Title: Senior Vice President BCC Approved Date: Attest: Jeffrey ft. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney Page 7 of 7 P371 4 W& ON INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Keith McCully, P.E., Stormwater Engineer #klm SUBJECT: Approval of Work Order No. S-1 With CivilSury Design Group, Inc. for Topographic Survey Services for the Proposed North Relief Canal Stormwater Treatment Facility DATE: August 2, 2017 DESCRIPTION AND CONDITIONS On April 18, 2017, the Board of County Commissioners approved purchase of an 18.03 -acre parcel at the southeast comer of the intersection of the Indian River Farms Water Control District's Lateral "A" and North Relief Canals. A regional stormwater treatment facility that will use managed aquatic plants to remove nitrogen and phosphorus from North Relief Canal water will be constructed on the property. The project is part of the County's effort to reduce nutrient discharge into the Indian River Lagoon and is listed as IRC -07 in the County's most recent Best Management Practice update submitted to Florida Department of Environmental Protection. A pilot plant study near the site is underway and will be completed in early 2018. The purpose of this Agenda Item is to secure topographic surveying services for the project via Work Order S-1 with CivilSury Design Group, Inc., which has a continuing contract with Public Works for professional surveying and mapping services. Specific services are listed in Attachment 1. The lump sum professional services fee associated with Work Order No. S-1 is $18,750. FUNDING Funding will be from Stormwater Division Account # 11128138 033190 — Other Professional Services. RECOMMENDATION Staff recommends the Board of County Commissioners approve Work Order No. S-1 with CivilSery Design Group, Inc. and authorize the Chairman to execute the Work Order on behalf of the County. c \usen\grani�Nppdata�local\temp\bcI technologiesNewypdf 7�@bcl@7005d563\@bcl@7005d563.doc P�72 Page 2 Approval of Work Order No. S-1 With Civi]Surv, Inc. for Topographic Survey Services for the Proposed North Relief Canal Stormwater Treatment BCC Meeting — August 15, 2017 ATTACHMENTS Work Order No. S -I executed by CivilSery Design Group, Inc. (one copy) Michael Smykowski, Budget Divis ion William K. DcBraal, Deputy County Attorney APPROVED AGENDA 11TEM FOR AUGUST 15,2017 C:%Usem%GRANIC-1�AppDatalLocal\Tmp\BCL TechnologiesleasyPDF 7\@BCL@7005D563�@BCL@7005D5r>3.doe P373 WORK ORDER NUMBER S-1 TOPOGRAPHIC SURVEY SERVICES FOR THE PROPOSED NORTH RELIEF CANAL STORMWATER TREATMENT FACILITY This Work Order Number S-1 is entered into as of this _ day of 2017, pursuant to that certain Continuing Contract Agreement for Professional Services entered into on October 4, 2016 ("Agreemenf), by and between Indian River County, a political subdivision of the State of Florida ("COUNTY") and CivilSury Design Group, Inc. ("CONSULTANT"). The COUNTY has selected the CONSULTANT to perform the professional services set forth in Part 1 of this Work Order. The CONSULTANT will perform the professional services for the fee schedule set forth in Part 2 of this Work Order. The CONSULTANT will perfon-n the professional services within the timeframe set forth in Part 3 of this Work Order, all in accordance with the terms and provisions set forth in the Agreement. Nothing contained in this Work Order shall conflict with the terms of the Agreement and the terrns of the Agreement are incorporated in this 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 CIVILSURV DESIGN GROUP, INC. M Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY B Joseph E. Flesher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller B Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to form and legal sufficiency: William K. Debraal, Deputy County Attorney fApubl1c worWkeithrn\stonrnwater projects\rnanaged aquatic plant systern�work ordersV.1v!lserv\work order s-l.doc WORK ORDER NUMBER S-1 TOPOGRAPHIC SURVEY SERVICES FOR THE PROPOSED NORTH RELIEF CANAL STORMINATER TREATMENT FACILITY PART 1 - SCOPE OF WORK The COUNTY has requested that the CONSULTANT provide professional topographic and mapping surveying services for the COUNTY's proposed North Relief Canal Managed Aquatic Plant System. The Work is more particularly described in Exhibit A, included herein. PART 2 - COMPENSATION AND PARTIAL PAYMENTS I . Compensation The COUNTY agrees to pay and the CONSULTANT agrees to accept, a not -to -exceed fee of $18,750 for services rendered according to Part I of this Work Order and as summarized in Exhibit A. Additional services shall be at the hourly rates as set forth in the Agreement. 2. Partial Payments The COUNTY shall make monthly partial payments to the CONSULTANT for all authorized work pertaining directly to this project performed during the previous calendar month. The CONSULTANT shall submit invoices monthly for services performed and expenses incurred pursuant to this Agreement during the prior month. The CONSULTANT shall submit duly certified invoices in duplicate to the Director of the Public Works Department. For lump sum line items, the amount submitted shall be the prorated amount due for all work performed to date under this phase, determined by applying the percentage of the work completed as certified by the CONSULTANT, to the total due for this phase of the work. For time and material line items, the amount submitted, shall be based on the actual hours worked and expenses incurred for the billing period. The amount of the partial payment due the CONSULTANT for the work performed to date under these phases shall be an amount calculated in accordance with the previous paragraph and less previous payments. Per F.S. 218.74(2), the COUNTY will pay approved invoices on or before the forty-fifth day after the COUNTY receives the CONSULTANT's invoice. PART 3 - TIME FOR COMPLETION The estimated completion time is four weeks. �END OF WORK ORDER" Page 2 of 2 F,\Public Works\KcithM\Stomwater ProjectsNanaged Aquatic Plant Systcua\Work 0tderS\CiViJSety\W0rk- Ordet S-Ldoc P375 Revised July 31, 2017 Via e-mail: dschryver@jrcgov.com David W. Schryver, P.S.M. County Surveyor, Engineering Division Indian River County 1801270 Street (Building A) Vero Beach, FL. 32960 (772) 226-1386 A� I & 'CIVILSURV A Tradition of Innovative Engineering V I ATTACHMENT 11 RE: VY:dStreet, North Relief Canal Managed Aquatic Plant System Thank you very much for your request. In accordance with your request CMISury Design Group, Inc, is pleased to propose to provide a Topographic Survey for the two parcels and the adjacent roadways and canals. CivilSury Design Group. Inc. shall prepare a Topographic Survey for parcels 32-39-1700001-0130-00001.0 and 32-39-17-WOOi-0130- 00002A, approximately 18.03 acres, The Topographic Survey shall adhere to the Minimum Technical Standards as set forth by the Board of Surveyors and Mappers pursuant to Rule 5J-1 7 of the Florida Administrative Code. The Topographic Survey shall depict the following: Horizontal datum shall be based on the EastZone of the Florida State Plane Coordinate System. 1) Have 2 vertical control points for future construction. Vertical datum swill be dependent on nearest vertical control to project. 2) Spo-telev-itioniat 50'infe—rvals induch-ng intermediate highsand laws, furrows, Etc. 3) Spot elevations ulifizIng a 50'grid. 4) All interior above ground Improvements and Underground Utilities as marked by a Utility Locating Service, 5) Prepare the Survey in AutoCAD 2016 LT with Voontours. 6) Visible Gopher Tortoise Holes. 7) Locate two (2) bridges along 660, Avenue. 8) Cross Section the North Relief Canal at 50'Secfions. 9) Cross Section (he Lateral "K Canal at 50'SmUons, 10) The limits of the Survey are as follows: The North Right -of Way line of the North Relief Canal The East edge of Pavement of 66& Avenue The North Top of Bank of the Sub -Lateral Canal A-9 50' East of the East Property line The West Righl-of-Way Line of 66m Ave The Topographic Survey will include the Entire Right -of -Way of 661h Avenue from 200' South of the South Right -of -Way Line of 53rd Street, to 200'North of the North Right -of -Way Line of 5r Street, the remaining portion of 661h Avenue extending North to the North Line of I.R.F.W.C.D. North Relief Canal shall be Included without spot elevations, contours etc., only above ground features and Underground Utilities will be located and shown on the Final Survey (see Exhibit W) The Lump sum fee for Topographic Survey is $18,750.00 Deliverables will include four (4) original signed and sealed drawings of the Boundary Survey as well as a PDF file. Please feel free to contact me anyrinte if you have any questions. I anticipate this project to take four weeks to complete. Sincerely, Accepted: CivilSury Design Group, Inc. c ft area Name: Director of Surveying and Mapping Date: E-mail: sworark@clvilsurv.com �W.Clvilstllvconl Small Business Enterprise 2526 crane Field Road I Suile 7 1 Lakeland, Flodda 33811 L r. 063-6404771 1 If. 003-040-3378 1 loll ffee $66-397-4771 A I P376 15 pr op4=uvs mo+ Nes-404 VQ aLregm. A)=va vcvf,.j 9Aw-AA-,r cLa'&- ba&-AcA. wySulveyFor INDIANRIVER COUNTY (.,-X i, kt ';i ) ENGINEERING DIVISION P377 a E 17 17 VACANT I /�� PH RIZIFF r4MAZ 13 (.,-X i, kt ';i ) ENGINEERING DIVISION P377 a E VACANT 06.03 �t) (.,-X i, kt ';i ) ENGINEERING DIVISION P377 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Stabilized Material Purchase Order Increase Beyond County Administrators Approval Limit DATE: August 3, 2017 DESCRIPTION AND CONDITIONS On September 26, 2016 Indian River County issued a Purchase Order in the amount of $15,000 to Blue Goose Mines for stabilized material. Due to the conditions of the unpaved roadways in the County and the need to add stabilized material to these roadways, the Purchase Order amount was increased to $25,000 on December 12, 2016. On March 24, 2017 the Purchase Order was increased to a total amount of $50,000. Public Works is requesting that the Board authorize a $25,000 increase, to a total of $75,000, for the existing Purchase Order issued to Blue Goose Minesfor stabilized material in orderforPublic Works tocontinueto add material as needed to the unpaved roadways within the County. In September of 2016, Public Works received quotes from Wild Turkey and Blue Goose Mines. Blue Goose Mines quoted $5.00 a ton for processed stabilized material and Wild Turkey quoted $7.00 a ton for processed material. Blue Goose Mine has continued to honor the quoted price of $5.00 per ton for each increase in the Purchase Order. FUNDING Funding is budgeted in Account No. 10921441-035390-17019, Secondary Roads/North County Road Stabilizer. Staff recommends approval of increasing the Purchase Order by $25,000 to a total of $75,000. AGENDA ITEM FOR AUGUST 15, 2017 CAUscm%G"MC-1WpDataU�UeWWL T�hml4m\e�PDF 7k@BCL@E405�M@BCL@M5N�.� P378 777 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: Monique Filipiak, Land Acquisition Specialist SUBJECT: 1 -Year Renewal of Lease for North County Offices DATE: August 3, 2017 On July 7, 1992 the Board of County Commissioners executed a lease agreement with FNB Properties, Inc. for 2,875 square feet of office space at 11602 and 11604 USI (Sebastian Square) in Sebastian. FNB Properties is now known as Greene Investment Partnership, Ltd. The office space comprises the North County Offices of the Property Appraiser, Clerkof the Court, Utilities Departmentand Veterans Services. This will be the 8th renewal of the original lease. The Landlord has offered to renew the lease for 1 -year under the terms of the original agreement. The County pays rent of $15.50 per square foot per year for this current fiscal year. Staff negotiated a new, 1 -year lease rate of $15.748 per square foot per year (FY17-18) the new rate is as follows: Term ofLease Monthly Rent Annual 10/1/17 to 9/30/18 $3,772.96 $45,2 FUNDING Funding is budgeted and available in Account No. 00122019-034420, General Fund/Facilities Mgmt. /Rent-Blclp. Staff recommends the Board approve the lease renewal rates as proposed for the North County Offices and authorize the Chairman to execute the Lease Renewal Agreement. ATTACHMENTS One Original Lease Renewal Agreement APPROVED AGENDA ITEM FOR: Auxust 15, 2017 F:\Public Works\Luanne M\Facilities Management\Gneene Investment Partnership fka FNB Properties -North County Leases\NorthCDunty Offices BCC Memo 08.01.17.doc P379 RENEWAL OF LEASE AGREEMENT Landlord and tenant does hereby agree to renewal of Lease agreement dated July 7, 1992, referenced to Section 2.2 [Store Address: 11602 & 116041. The term of the Lease is for (1) year with minimum annual rent as follows: Monthly Rent AnnualRent October 1, 2017 thni September 30, 2018 $3,772.96 $45,275.52 If the property taxes or insurance for the premises has any increases during the term of this lease a prorate share of the additional expense shall be paid by Tenant to Landlord as additional rent upon written demand by Landlord. Commencement of October 1, 2017 under the same entire agreement and provisions binding in the Lease agreement date July 7, 1992. IN WITNESS WHEREOF, Landlord and Tenant have executed this renewal agreement to Lease effective the Commencement Date of October 1, 2017. Attest: Jeffrey R. Smith, Clerk of Circuit Court and Comptroller By:_ Deputy Clark Approved as to Form and Legal Sufficiency William K. DeBraal Deputy County Attorney Landlord: Greene Investment Partnership, LTD ene Management Inc. Gary L 1�ene, President Tenant: Indian River County Bv Joseph E. Flescher Approved by BCC F."Public Worksluanne Wadifties ManagernontkGreeno Imestment Partnership fka FN8 Properties -North County LeaseskNorth County Offices Lease Renewal 07.20.17 m1f.doc P380 '? I -E - �.: INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Indian River County Intergenerational Recreation Center (IG Bldg) at South County Regional Park — Final Pay, Release of Retainage and Change Order No. 6 DATE: July 2S, 2017 On December 9, 2014 the Board of County Commissioners awarded Bid No. 2014052 to Kast Construction Company, U -C, forthe Intergenerational Recreation Center(IG Bldg) project in the amount of $10,676,278.03. The approximately 37,753 square foot bu i Iding accommodates multiple activities for a variety of age groups and includes a patio area and event lawn. Five (5) change orders have been approved to date for current contract total of $11,108,283.37. Change Order No. 6 is to make final adjustments to contract bid items for a decrease to the total contract price by $1,338,371.29 for a final cost of $9,769,912.08. Kast Construction Company, LLC has completed the projected and has been paid $9,276,420.47 with $488,232.66 held in retainage. Kast Construction Company, LILC has submitted Application for Payment No. 20 for final project payment and release of retainage in the amount of $493,491.61. Once final release of liens from all Kast Construction Company U -C subcontractors have been received, reviewed and approved, payment will be processed. FUNDING Funding is available in the following accounts: Optional Sales Tax Account No. 31521441-066510-03028 S County Intergenerational Bldg $5,258.95 Optional Sales Tax Account No. 315-206001-03028 S County Intergenerational Bldg Retainage $223,086.92 Impact Fees Account No. 103-206001-03028 S County Intergenerational Bldg Retainage $265,145.74 F:Tublic Works\ENGINEERING DIVISION PROJECTSU 135-S County Park Intergeneraffional Rec Facility\Admint\agenda iternsThange Ord" #6 FINAL\] 135 - Staff Report - FINAL CO No. 6.doc P381 Page 2 IG Bldg — Final Pay, Release of Retainage, Change Order No. 6 Richard B. Szpyrka, P.E., Public Works Director August 15, 2017 Staff recommends approval of Change Order No. 6, and payment of Application for Payment No. 20 to Kast Construction, LLC in the amount of $493,491.61 for final payment and release of retainage. Contractor's Application for Payment No. 20 Change Order No. 6 DISTRIBUTION Kast Construction Company, LLC APPROVED AGENDA ITEM FOR AUGUST 15, 2017 F:\PubficWorks\ENGINEERING DIVISION PROJECTS\1135-S CoutyParkIntergeneraffional Rec Facility\Admim\agendaltems\Chmge Order #6 FINAUI 135- Staff Report -FINAL CO No. 6.doc P382 SECTION 00622 - Contractor's Application for Payment INTERGENERATIONAL RECREATION FACILITY AT SOUTH COUNTY REGIONAL PARK Application for Payment No. 20 For Work Accomplished through the period of October 01, 2016 through June 30, 2017 To: Indian River County (OWNER) From: Kast Construction Co. LLC (CONTRACTOR) Bid No.: 2014052 Project No.: 1135 1) Attach detailed schedule and copies of all paid invoices. 2. a. Net change by Change Orders & Written Amendments (+ or $432,005.34 b. Net change by Direct Purchases $ (1,338,371.29) 3. Current Contract Price (1 plus 2): $9,769,912.08 4. Total completed and stored to date: $9,769,912.08 5. Retainage (per Agreement): 0% of completed Work: —% of retainage: $000 Total Retainage: $000 6. Total completed and stored to date less retainage (4 minus 5): $9,769.912.08 7. Less previous Application for Payments: $9,276,420.47 8. DUE THIS APPLICATION (6 MINUS 7): $493.491.61 CONTRACTOR's CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 00622 - Contractor's Application for Payment Pay App No 1 9R2.doc 00622-1 T tOwner Bilingstindian RiveOWU - ContratutVs Application for Payment Pay App No 19R2.dac Rev. 05101 P383 2. Updated Construction Schedule per Specification Section 01 10,and Dated 07/28/17 By: — 44 - 4g (CONTRACT(qR - must be signed by an Officer of Me Corporation) Roger Whitman, Chief Financial Officer - Print Name and Title STATE OF FLORIDA COUNTY OF PALM BEACH Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Roger Whitman , who being by me first duly sworn upon oath, says that he is the — Vice President, Principal and Chief Financial Officer of the CONTRACTOR mentioned above and that he has been duly authorized to act on behalf7f it, and that he executed the above Contractor's Application for Payment and Contractors Certification statement on behalf of said CONTRACTOR; and that all of the statements contained herein are true, correct, and complete. Subscribed and sworn to before me this 28th day of July , 2017. is personally known to me or has produced as identification. (SEAL) SARA CARROLL My COMMISSION# FF991156 EXPIRES May 10, 2020 Fn� �OWV�� NOTARY PUBLIC: cr--� Printed name: ��c, 6rr-r-Q L Commission No.: P P9 9 11-5 9 Commission Expiration: [The remainder of this page was left blank intentionally] 00622 - Contractor's Application for Payment Pay App No 19r2.doc 00622-2 TAO�er Billing0ndian River=622 - Contsdoes Apaimum for Pay�t Pay App No 19rltoc Rev. 05M P384 CERTIFICATION OF ENGINEER: I certify that I have reviewed the above and foregoing Periodic Esfimate for Partial Payment; that to the best of my knowledge sonably I 'ied b the Contra 0. 00'6� accurate statement of the work performed or material supplied by the Contra o. am not certifying as to whether or not the ontrac5tor has ppaid all subcontractors, rers, materialmen and suppliers because I am not in a position to accuratel ine that issue. Ono Dated, &� #4A J Ab "m -'q* �SIGNAT MRE��� CERTIFICAT ON OF ISPECTOR: I have checked the estimate against the Contractors Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issu Dated - 0 Al 0 /17 LJ Q. SIGNATURE [The Remainder of This Page Was Left Blank Intentionally] 00872 - Contradoes Applimficn fbr Psymnt Pay App No 19Q.doc 00622-3 P�AW iqrZ�R�.OW P385 ATTACHMENT A List of all subcontractors, laborers, materialmen.and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary): 2. List of all subcontractors, laborers, materialmen and suppliers for which a signed release of lien form (partial or final as applicable) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included (attach additional pages as necessary): 00622 - Contractor's Application for Payment Pay App No 1 9r2.doc 00622-4 TAO�r 8IIIhgsMndIm Rlv�22 - Contradoes Applicalon for Pay� Pay App No lerldoc Rev. 05101 I P386 CONSENT OF OWNER 0 SURETY COMPANY ARCHITECT 0 CONTRACTOR 0 TO FINAL PAYMENT SURETY KI OTHER D AIA DOCUMENT G707 Bond No. 106184148 PROJECT: Intergenerational Recreation Facility at South County Regional Park (name, address) 800 20th Ave. SW, Vero beach FIL 32962 TO (Owner) F Indian River County Board of County Commissioners 1800 27th St. Vero Beach, FL 32960 ARCHITECT'S PROJECT NO: 1135 CONTRACT FOR: Construction CONTRACT DATE: Deeun6o- 9. 2014 L I CONTRACTOR: Kast Construction Company, LLC 701 Northpoint Parkway, Suite 400 West Palm Beach, FL 33407 In accordance with the provisions of the Contract between the Owner and the Contractor as Indicated above. the (hem insert name and address of Su" Company) Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183-6014 SURETY COMPANY, on bond Of (here Insert name and address of Conlractor) Kest Construction Company, LLC 701 Northpoint Parkway, Suite 400 West Palm Beach, FL 33407 CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (hem insert name and address o(Owmer) Indian River County Board of County Commissioners 1800 27th St. Vero Beach, FIL 32960 OWNERS, as set forth In the sald Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 20th day of June, 201 7 Travelers Casualty and Surety Company of America Surety Company U Signature of Authorized Representative Attest Kevin Wojtowicz: Attommin-Fact (Se8I7!ennIfq enS7 S — -- - I 1 11—. 1. NOTE: This form Is so ment lo AIA DOCUMENT G70% CONTRACTOR's AFFIDAVIT OF PAYMENT OF DEBTS AND . X11.10 CLA"S, C itil -n 4 ALA DOCUMENT 6707 - CONSENT OF SURETY COMPANY TO FINAL PAYMENT - APRIL 1970 EDITION - AIAJ& ONE PAGE Q 1970 - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 2DD06 P387 A011hk TRAVELERS POWEROFATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company Surety Bond No. 106184148 OR Project Description: Construction St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Principal: Kast Construction Company, LLC Obligee: Indian River County Board of County Commissioners KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty arid Surety Company of America, and United States FIdellty and Guaranty Company, are corporations duty organized under the laws of the State of CDnnecticu� that Fidelity and Guaranty Insurance Company Is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc, Is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Kevin W0Jt0wICZ of the City of SL Petersburg , State of FL , their true and lawful Attorney -In -Fact, to sign, execute, seat and acknowledge the Surety bond(s) referenced above. IN WITNESS WHEREOF, the Companies have caused this Instrument to be signed and their corporate seals to be hereto affixed, this 24th day of June, 2016. Farmington casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St Paul Fire and Marine Insurance Company St Paul Guardian Insurance Company State of Connecticut City of Hartford ss. St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States I"Idelity and Guaranty Company IAIK SEAL q 1977% ofrt(n By'. Robert L Raney, Senior Mee President On this the 24"' day of June , 2016, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casuatty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as, such, being authorized so to do, exearted the foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official Sol. My Commission expires the 30th day of June, 2021. Q&N; -L C. IZVM.L� rle C. Tetreault, Notary Public P388 - - - - - - - - - - - - - 11 - �T� T T t, 1�2 1!2 1 m a C; LG ��g 89 19 8 9 v 9 9 9 9 -tj ts 14 g g 9 9 9 g 5i gg N 9 9 g g 8 9 9 9 8 �8 08 09 09 09 09 09 09 09,08 08 09,09 08 �s �9 09 09 08 08 1 1 1 1 1 log 108 1 8 9 9 8 P8: 9 8 8 '8 g 8 g 8 g 8 g 8 8 g g 18 9 9 g g '8 9 F, g �8 8 8 8 8 8 g 8 8 9 g 8 g g g 8 8 9 8 8 8 8 8 9 ol, 8,8 P1. 8 9 9 g 8 g 9 8 9 9 9 9 9 9 8 8 9 9 8 8 p p p 18 8 9 0 9 0 0 8 8 9 9 9 9 '8 g g TNT 9 T 9 9 8 9 - im i wim 908MOMIHM-a 8 9 9 9 t� 8' 8 8 8 � g g 31 v Ic 4 r r �s t TA-- FA -- P r 1R !2 �2 t2 r q I- Ir I- 1 t3 19 r w V, p M e 09 s 9 9 g g g g 23 r t; Mo 9 9 g g s g 9 8 8 8 9 g g g g g 8 9' p 8 0 9 0 9 0 9 0 8 8 9 8 8 8 8 9 9 8 8 9 g g g 8 s 9 9 8 80 09 09109 80 09 9 9 8 9 9 9 8 8 9 P o elv e t� P N p r p p 9 9 9 9 9 8 8 g b g 9 �3 g 9 g 8 g p g p 8 5 1 N �l IIYI� 0 9 9 g 8 8 8 8 8 s g 9 8 8 8 8 8 8 8 8 8 8 8 8 9 TMO 8 9 8 8 s 8 8 g 8 r zi 9 1 2 El Zi 8 8 8 8 8 8 8 's 08 8 0 8 p 8 9 08 09 08 8 9 9 8 8 8 8 8 8 8 8 8 8 8 8 �9 �9 08 09 08 09 09 9 9 81 -8 "8 '8 9 9 9 9 8 8 8 8 9 9 9 9 9 9 9 8 9 9 8 9 8 8 8 8 8 09 8p 9 9 9 9 8 8 8 0 8 8 8 8 g g g 8 8 p 8 g g g 8 8 8 — — — — — — — — — — — — — — — 7 T, I — — — — — — — — — — 5 515 1�� Is ISIS 5 5 9 g g CP 19 8 8 8 8 8 8 r81g I g -8 '8 '8 '8 8 8 0 0 0 0 oil 010 0 01010 0 0 010 9 g 8 8 8 8 '8 '8 9 8 8 8 8 9 8 8 8 9 9 9 8 8 9 8 9 8 9 9 8 8 18l T8 8 9 8 8 8 8 g 8 9 8 g g g g g g g g gig 8 8 8:g P g 8 8 g 8 g 8 g 8 8 T-- T-- -T- T F T-- -- F- 5 51515 Is �s I -s Is 5 5 5 5 5 8 p p r w 9 9 9 g 9 g g g 8 8 8 8 8 9 g 8 8 8 g s 8 F, 8 8 9 9 MiMONOMM 9 g 9 9 9 g 9 s g g g g g g 9 9 8 9 8 9 9 9 9 9 8 9 9 9 P 9 8 9 8 8 8 8 8 9 9 8 9 9 8 8 9 g 8 g g 8 8 s g 9 9 8 9 8 8 8 8 a 8 9 8 8 8 10 010 9 8 s 9 8 8 8 8 8 8 8 1� a 0 0 8 0 8 9 $319 9 9 9 8 8 8 8 g 6 8 8 8 8 g g g g 8 9 8 8 8 g 9 9 9 9 g 9 g 9 9 9 9 9 9 8 g 9 g 818 9 9 9 8 8 8 8 8 8 $ 8 9 ITH ... . . . p p p 9 9 9 9 8 9 9 8 9 9 9 8 8 9 9 8 8 8 9 8 9 s 8 0 8 . 8 . 9 . 9 p 9 . 9 . 9 8 p 8 9 9 8 8 9 9 _0 0 9 0 9 8 9 g p V ----------- �Hdgidg iH - - - - 8 8 8 8 8 8 El . . . . . . . . 8 . 8 . 8 . 8 . s . s . s . 8 . 8 . 8 . 8 . 8 . 8 . 8 p 8 8 8 8 9 . 8 . 8 . 8 . 8 . . . . . . 8 . 8 8 - - - - - - - - - - 8 8 8 8 8 8 8 8 BE 888 988 8 8 8 8 8 8 8 8 g 8 8 8 08 g og p 8 p 8 p 8 8 8 8 8 8 p 8 8 8 8 p 8 . 8 . 8 . . . 8 . 8 ----------- 11 a 6 a 6 6 6 5 1 6 59 6 6 6 6 5 6 9 1 9 2.0 ff!itfl-6 a it n 8 N '9 �N '9 9 '9 9 8 81� 8" '8 8 8 8 8 % 8 8 '8 '8 '8 '9 9, g g g g g g 9 9 9 9 9 6 s 8 9 8 9 8 8 8 9 8 8 8 9 9 9 9 9 9 8 8 9 9 8 8 9 8 8 8 8 9 9 8 8 8 �8 .8 g r8 8" rS S" s r �R tx 2 8 t9 8 8 8 8 8 8 . 8 . 8 . 8 . 8 8 9 9 8 8 g g 0 8 g 0 g 9 9 0 8 9 9 8 9 0 9 a 9 - 8 - 9 a 9 8 .0 a 8 CHO 8 8 8 8 ON g g I,lg g g 9 9 9 919 gl g 9 pig 8 g gig 8 g . . . 819 0 9 9 8 9 9 . 8 . 8 . 8 . 8 . 9 . 9 . 9 . 9 n P 5 5 5 5 5 5 5 8 8 8 8 8 8 g 's 8' 'a 08 8 9 9 9 g 8 g 8 go 80 go Is -8 8 8 8 .1 Og Og Ig 09 9 8 89 8 8 8 8 9 8 8 8 8 8 8 8 8 8 8 8 E nil WiaT . is • rNg . I I ii * 13 1 • 1 1 I § ii1U ., - F -,: Illt: p4 § 4t4. , ggi r i .,. If g * I i • :7, A P. r., 4PP8e ! ' g E E 1:',' •'m .Uf 2 1 1 P g Ugo - a -g ig ;, 8i4 t !!! 8 s g 81t R i A g It-ra 7,5 p. --.4 ..1 . 0bi; ,--4a E .ggPI, P10§ g . : 8 8 g E.' P P 2 g 8 8 8 98' g Qg § F .. . P g - p0 . ) L3 V7 . : :1 w p ftt ti g a . E 0 - oE2 gflrSgigfl1 WW 1015535p < 0888ti, hr01151 U = 11000p p • N . Rfi2Ma a E a: g c; , inW : g °I .1 „ F • , . , • ggggggA .,7 81 0888 .9. 8 ic g 4p wig .% M Aig E ; 888t72Px E r '8 P P t71 P N P ..1Pasaaam .4 -0 W SECTION 00942 - C hangs Order Form No. 06 (FINAL) DATE OF ISSUANCE: 81150017 EFFECTIVE -DATE: 811512017 5107�;l Project: INTERGENE OWNER's Project No. 1135 OWNER'S Bid No. 2014052 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project Is complete. This change order is intended to make final adjustments to bid line items in order to finalize the contract amount and release retainage to the Contractor. Attachments: 11) Description of Itemized Changes. (Detailed backup for all changes Is on file and available for viewing In the County Engineering Division.) CHANGE IN CONTRACT PRICE: Description Amounr Original Contract Price $L0M2ZW Net Increase from previous $AL2 o05 34 Change Order Nos. 1, 2. 3, 4 and �ffl— 5: 1, Contract Price prior to this Change $11.108,283.37 Order: (days) Net (decrease) of this Change $(1.338,371.2 Order: 91 Contract Price with all approved WMAIZA Change Orders: (days) By: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Substantial Completion: 330 Final Completion: �ffl— Net change from previous Change Orders Nos. 1, 2, 3, 4 and 5: (days) Substantial Completion: 21 Final Completion: 91 Contract Time prior to this Change Order (days) Substantial Completion: 421 Final Completion: Net change for this Change Order: (days) Substantial Completion: 0 F net Com letion: 0 Contract Time with all approved Change Orders: (days) Substantial Completion: 421 Final Completion: 451 By: Date: I US - IG BuRdIng Change Order Form 06 Finat 00942 - i FAP CNZ: OW#r F&m W F�.� P398 HTERGENERATIONAL RECREATIONAL FACILITY AT SOUTH COUNTY REGIONAL PARK IRC PROJECT NOJBID NO.: 11300140#2 CIIANCEORDERHoll DmAption of ItimIzed Chomps r"K DwifilmUn , I !. "T off, Ung Pdct pdcalmam's, 5 FIELD OFFICE ED so 1276.38 63Ai9.00 9 STABILIZED SUBGRADE (12- THICK) (LOB 40) SY 339 6.91 X342A9 10 CEMENTED COCIVINA $11111. BASE (6- THICK) (I UM SY 657 7.92 S,203AA _ 11 CEMENTED COQUINA SHELL BASE (0- THICK) CZ LIFTS) SY 2,225 9.96 nximc - 12 ASPHALT PAVEMENT, TYPE SP -95 (1.5- THICK) 111" SY 143 8.07 1.269AI 13 ASPHALT PAVEMENT, TYPE SP -12.5 (1.5- THICK) Cl UPTI SV Z22S BAS 18,801.25 14 ASPHALT PAVEMENT, TYPE SP -9.5 (I" THICK) 11 LIFT) sy 2225 6.77 15,0" 27 4" HDPE IN -12) LF 380 12.44 41127.20 29 MY HDPE IN -12) IF 30 22.00 69D.00 3D 12- HIME JN -12) IF 4 19.03 76,12 31 ILS' HDPE IN -12) UF 53 20.81 LZO6.98 32 IS- HOPE JN.12) IF 100 24AS 2A4SAO 33 IS" CORRUGATED ALUMINUM PIPE JCAP) IF 249 26.86 6,608.14 34 IW CORRUGATED ALUMINUM PIPE JCAP) If 260 33.53 8,717.80 3S 24' CORRUGATED ALUMINUM PIPE (CAPI IF ISS S2.6E 1.162.30 37 12"X 111" (RCP UF 54 32.03 1.729A2 39 19" x 301, ERCP IF 219 SIAS 11.216.10 41 CONCRETE CURB, TYPE 0 IF 720 10.05 7,939SO 42 CONCRETE CURB, TYPE D IF w 955 8.03BA0 43 CONCRETE CURB ANDGUTTER. TYPE F LF 632 11.15 7.04 ED 44 3'WID , E CONCRETE VALLEY GUTTER LF 128 12.90 L651.20 COLORED STAMPED CONCRETE (INSIDE OF ROUNDABOUT) fi- THICK 47 SY it 94.32 6lm?2 48 DETECTABLE WARNING SURFACE CSIDEWAUO SF 266 33.03 8,7mm 49 FENCING, WILACK VINYL COATED CHAIN UNK LF 945 8450 B=so FENCE GATE V HIGH BLACK VINYL COATED, S' WIDE SWING si EA 2 7SO40 LSDO.OD SOD ONCLUDES S I. AUGUSTINE, EMPIRE ZOYSIA SOD, AND S2 ARGENTINABAHIASOD) LS GAB 48,822.32 24,153.69 SOD (CELEBRATION BERMUDA) WITHIN tACROS&E FIELDS S3 COMPLETE SY L370 L77 2A24.90 so CHEVRON, BSA CHIP A 24-) EA . 3 248.00 744.00 59 -Frar SIGN, R1.2 pr x In EA I 1 24&00 248.00 GO 'VELD' SIGN, RI -2 (30' X 30" X 301) EA 3 248.0) 744.00 62 PEDESTRIAN WARNING SIGN, WII-Z 430P X 3n EA 2" GO 63 "00 NOT ENTER* SIGN, RS -1 EA 41 248 GO 64 DIRECTIONAL ARROW PLAQUE, WIr,7P (24- X 12-) EA 2 193 00 65 10116 WAY ARROW, R6 -IR (W X 121 EA 3 215 00 P399 INTERGENERATIONAL RECREATIONAL FACILITY AT SOUTH COUNTY REGIONAL PAW IRC PROJECT NONRD NOL: i 13=014032 CHARGE ORDER No. 6 Dncdpllon of Remkod Chums Ift lIptopa'" UNIT M UAM�. momm... KEEP RIGHT SIGN, R4-7 (24- X 30") 66 u 3 Z4&OG 744.00 STRIPING, BLUE V- (HANDICAP PARKING SPACES) (THERMOPLASTIC) 72 LF 250 234 39S.00 STRIPING, YELLOW S' (THERMOPLASTIC) 73 LF Go 1.10 74.811 STRIPING YELLOW Or (THERIMPLASTM 75 LF IS 2.75 4950 ISTRIPING, WHITE 24- (STOP BARS) (THERMOPLASTIC) 76 LF 24 3.90 91.20 HANDICAP SYM80L (THERMOPLASTIC) n EA 7 214.0 LSQ25O LEFT TURN ARROW (THIERMOPIASTK� 78 EA 2 82.SO 165.00 RIGHT TURNITHROUGH ARROW [THEAMOPLA$111C) 79 EA z 159.so 3119.00 RPWS (WHITEiCtEAR) so EA 30 4.68 140AD RPM1 (81 -DIRECTIONAL AMBER) EA 40 4.68 187.20 S"PVCSANITAR.YSEWR Ss LF 34 36,54 1,242.36 9" PVC WATER TRAIN WIT11 VALVES AND APPURTENCES AS 87 INDICATED LF S9 36.17 2,134.03 B&IUVMG COMPONENTS - DIRECTPURCUESAIMIGS MASCRIVIEVER CONCRETE GOP oi CONIC Ls I FIS618.54 ODP TORRE CHILLER UNIT 0DPO2T"Nf LS 1 155371.95 u4miss CUP STEEL JOIST IS DECKING -ODP03SHEL Ls I 427702JOD 1 427.702.011 ODP REBAR FOR TILT PANELS ODP 04 REBAR IS 1 82595.56 81.585.56 B, A. FANS OOP 05 OAF. LS 1 68*05.90 61,205.90 WORITCHANGEDIRECTIVES ADDt SITE CLEARING wool ILS 1 5945.62 5.845.62 SOUTH COUNTY PARK UNDERORMN CONNECTIONS WCO2 Is 1 26878.44 2C,91&44 DEFLECT r WATER MAIN AT CONFLICT WC03 Ls 1 5492.71 5,492.71 4-1111TEROLIC!"S TELECOM TO ENTRY SIGN WC04 IS I 2SIUL2S 2,588.25 CREDIT THRESHOLD IRMCITONS wCos LS I ga7s.00 8,1175.013 EXTEND PRIMARY DEC SERVICE WCD6 LS 1 1876.82 1,87642 CHILLER DOOR WITH ASSOCIATED HARDWARE WC07 Ls 1 3508.21 31508.27 SIGN FOUNDATION CHANGES WCOB LS 1 1877.25 1,877�15 ADD FIRE EXTINGUISHER CABUIETS WCD9 LS 1 2323.58 2.32358 VALUE ENGINEER LIGHT POLES TO CONCRETE WCDIO LS 1 29000.00 momoo UPGRADE NVAC CONTROLS TO IRAHE WOOLS LS 1 4371.26 4,371.26 PROVIDE AND INSTALL COLLAR AT INLET WC012 LS L 1494.96 1AS4.96 CONDUIT IS CUITRY FOR CCTV 4 SITE LIGHT POLES WC013 LS 1 6349.1S 6.349AS ON SM START UP & VESS REPORT WhM7S GF1 TESTING WC014 LS I 50OZ60 SADL60 HVAC MOTORIZED DAMPER - LARGER ILOUVER�BOX HEATER WOD15 LS 1 2346.78 2346.78 IRRIGATION PUMP WIRING CHANCES WC016 LS 1- 1 3363,59 3,364 P400 INTERGENERATIONAL RECREATIONAL FACILITY AT SOUTH COUNTY REGIONAL PARK IRC PROJECT NOJBIO NO-- 113MG14032 C"ANGEORDERN..5 Oncripgon of Hadud Chmp, ON pmg&pm umm I ow I wtlpdm ww� CREDIT FOR FIRE SPRAYAWNINGS wColl LS 1 6500.03 6,50010 FMAPET$7rRUCrURALSKEL&MtSERIGASSFAM WCDIB LS I 3SUM 3,51220 ADDITIONAtAWNINGFRAMING %NCO20 IS 1 3624.65 3,6Z4A5 ADDITIONALSOFFItNUMING WCDZI LS 1 23464.17 23A64.17 RECESS FOR BATHROOM UGHTING %AK022 I IS 1 "90.83 3ASOM I CAMERA LOCATION CHANGES M023 LS 1 3232611 Bmil ADD SECURITY CAMERAAARGER SERVER WCON IS 1 20379.93 20,379S3 ENLARGE PARKING LOT WCD2S LS I 666S.93 F's"m ADD POWER At DATA OUTLETS WCD26 LS 1 337020 3,3713AK) WAPSAUTO DOOR ORCLIMAY WCD27 ts I 3676JD4 3,676AN STAINLESS STEEL CONCESSION COUNTER WCD28 is 1 21" 2.126.25 PLUMBING CHASE WALL IN CONCESSION ROOM WCD29 LS L 14S7,62 1,457.62 STRUCTURE BRACING AT NANAWALL WCD30 IS I 63WG 6,1162.06 DOWNSPOLITCONNECTIONS WCD31 LS I MUS.10 24,34S.10 ADD -L SAFETY BARRIERS/FENaNG WCD 32 is 1 5607.00 51607M ADO 2 X 2 COUNGS WCD 33 LS 1 M5.00 kmoo REVISE CURB ATOS -17 WCb 34 Ls 1 363,31) 363.30 ADDTVATUXLBY WCD 35 IS 1 684.12 604.12 GYM DIVIDER MOTOR WCO 36 IS I 148S.02 1ABS.02 FFE FOR KITCHEN AND CONCESSION WCD 37 LS 1 513S.SS 51135.55 IAMINATETOEKICK WCD 39 LS . 1 823.4 REMOVE IRRIGATION FROM FIRE LANES -823.M WCO 39 LS I 1260M 1,260.00 ADD LOCKING DEVICES AND CAGES WCD40 LS 1 219432 2.194M ROD 22 PRIMUS LOCKS - MORTISE IC OGRES WM41 LS I 52SIL95 S.258.95 ADJUST FIRE SPRINKLERS WCD 42 LS 1 1590.75 1.590.75 IN57TAU WAPS WCD 43 IS I 4S&42 68,42 SYNTHETIC TURF AT COULIMNS WCD 44 LS 1 4725.00 4,7250 REPLACE KrICHEN DOOR WCD 45 IS 1 6750.54 6,75054 SHARK GRIPAT RED STAIN WCDA6 is 1 WILTS 918.75 MISSINGIRRtGATION WCD47 IS I 3549ioo 3M9.00 SCOREBOARDS WC049 ts 1 7SS.57 755.57 CREDITBAHIASEED V00049 is 1 2720.01) 2,72000 CREDIT STONE AT ROCK GARDENS WCOSI LS 1 4495.0) 4,495.00 WIRELESS ACCESS POINTS UNIFY WCDS2 LS 1 1670.07 1161M.07 CONCRETE RAMP RECONFIGURE SERVICE PARKING WALKWAY WCD53 IS 1 114211.17 11,424.17 P401 IRC PROJECT NOAIO NO.: 11364011441NI CHAN(MORDERft$ Oncr4dion of Itfralud Chaflati, ftm N� Clooftba UNIT �ftiwm. I ��. ENLARGED PATIO DRAWN WCID 54 ts I 429LB3 4.29Q.83 MISC. PLUMBING EKTRAS WC057 Ls 1 1358A I -q" GATT 04ANGES WCDS8 LS 1 3417-33 3AI733 BATH ACCESSORIES WCD59 Ll 1 M75 7547S PAINTSAFElYSTRIPE WCD 60 1 Ls 1 1926,75 1.92647S I SPRAYNOMFS WCD 61 LS t 45LSO 4SISO WCD 62 FA COVERS AND OUTLEIS LS 2 2175.69 2.175.69 WM63 ARMTESCOMBOARDS LS 1 755.51 7SS.S7 WCD 64 ADDITIONAL LIFTING Ls 1 10156.14 10AS6.14 VJC0 65 1 ADDEDSTEELANGLIESUMOFITS LS 1 3337&45 IkWAS IrOACEACCOUNT m 2 30000MOD 30DJW.W OVERALL PROJECT TOTAL $379,350.88 $1,7il,730.17 TOTAL CHANGE ORDER# 6 -si'S38,37i.29 P402 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA �FF AGENDAITEM Assistant County Administrator Department of General Services Date: August 4, 2017 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator From: Beth Powell, Parks Division Subject: Request for Approval of Circus Pages License Agreement for Use of the Indian River County Fairgrounds for Event on September 8, 2017 BACKGROUND: Circus Pages Inc. has been performing annually at the Indian River County Fairgrounds since 2007. In March of 2016, the Board of County Commissioners approved an updated Operational Policy Manual and Template License Agreement for the Fairgrounds. Since the template license agreement has been modified to require additional terms and conditions for the Applicant, it is respectfully submitted for Board Approval. ANALYSIS AND ALTERNATIVES: In an effort to minimize concern over activities unique to circus acts, including protection of the public and the humane treatment of animals, the Parks Division Staff, in consultation with the County Attorney's Office and the Indian River County Humane Society has added additional terms and conditions to the template license agreement to include the following precautionary measures: • Additional insurance to include $2M General Aggregate and $1 M per occurrence. • Documented proof that all elephants have tested free of tuberculosis within the last 12 months. • A written plan for emergency situations involving dangerous or large animals approved by the Risk Manager, which includes emergency sedation, recapture or lethal immobilization if necessary. • Disclosure of any previous incidents of specific dangerous, unpredictable or aggressive behavior of any animals used during the event. • Disclosure of ages, names and health records of all animals utilized or on-site. • Disclosure of principals', officers' and directors' criminal history regarding animal related felonies or misdemeanor convictions. • Review of any citations against applicant (including employees and subcontractors of applicant) from the USDA under the Animal Welfare Act of inappropriate provision of veterinary care, inappropriate handling of animals causing stress or trauma and/or inappropriate provision of food, water, shelter or space. • Compliance of al I applicable Federal and State law and licensure at the time of the event. • Review of any official notices of alleged violations or any stipulations, consent decrees or settlements entered into with the USDA within the last 5 years. P403 An informed consent provision by providing written information explaining that wild animals will be present and that there may be a risk of injury or death to the property owner, persons neighboring the property and individuals entering the site during the event. Review of a plan for emergency veterinary care. RECOMMENDATION: Staff respectfully requests that the Board approve the attached Indian River County Fairgrounds License Agreement with authorization for Chairman to sign on behalf of the Board of County Commission. In addition, staff respectfully requests that the Board authorize the Assistant County Administrator to execute agreements for future circuses so long as such agreements are substantially similar to the attached agreement and has the signature of the County Attorney, or his designee, approving such document as to form and legal sufficiency. ATTACHMENTS: ense Agreement with Exhibits P404 INDIAN RIVER COUNTY FAIRGROUNDS LICENSE AGREEMENT License Preparation Date: July 17, 2017 Organization: Circus Pages International, Inc. Address: PO Box 303 City/State/Zip Code: Myakka City, FL 34251 Name of Event: Circus Pages Load -in Date/Time: 12am - 9/8/17 License Duration: September 8, 2017 Contact Name: Volanda Earhart Phone:941-219-9331 E -Mail: jumpingjofa@aol.com Expected Attendance: 1,000 Load-OutDaterrime: Ilpm-9/8/17 WITNESSETH: WHEREAS, Indian River County (the "County") is the owner of certain property known as the Indian River County Fairgrounds, located in Indian River County, Florida, (the "Fairgrounds"); and WHEREAS, the County has the authority to issue and/or execute, and Circus Pages International, Inc., a Florida for vrofit co[poration, (the "Applicant") desires the issuance and/or execution of, a permit/agreement for the utilization of the Fairgrounds, which Applicant has inspected and hereby acknowledges to be sufficient for its intended purpose and/or use contemplated hereunder; and WHEREAS, Applicant warrants to the County that it is qualified and authorized to do business in the State of Florida and Indian River County, Florida and has or will obtain and maintain the proper certification, licensure, insurance, permits and all other requirements pursuant to federal, state and local laws, statutes, ordinances, rules and regulations necessary to conduct any and all activities contemplated herein, and to satisfactorily perform its obligations as herein required; and WHEREAS, the Applicant acknowledges that the use of the Fairgrounds is subject to and expressly conditioned by section 205.04 (Permits) and section 205.09 (Sale and consumption of alcoholic beverages at designated recreational facilities), of the Indian River County Code of Ordinances, if applicable at the time of the License Duration, which are hereby incorporated by reference when applicable; NOW, THEREFORE, for and in consideration of the use of the Fairgrounds and other valuable consideration, the legal sufficiency of which is hereby acknowledged by both parties, and of the mutual covenants herein contained, the parties, as indicated by their authorized representatives' signatures below, hereby agree to the terms and conditions set forth herein: A. PARK, PREMISES & EVENT SCHEDULE: This Indian River County Fairgrounds License Agreement ("License Agreement") applies to all events for the use of the Fairgrounds. The areas, personnel and facilities of the Fairgrounds Fairgrounds License Agreement Initials Page I of 12 July 17, 2017 P405 which Applicant may apply for a permit, license, or use hereunder are more particularly described as 1. Facilities (See Exhibit A) a. Z Acreage 90-5 o6-10 o 11-40 o4l+ b. o Expo Center c. 2 Expo Open Air Pavilion d. o Agricultural Pavilion C. o Entertainment Building f. o Cook Shed 9. ci RV Hook-up 11. o Amenities o Large Bleachers b Small Bleachers o Small Stage p Stage Risers #(1 -6) o Trans -Stage o without canopy o with canopy o I OX20 Tent# o Light Towers b Picnic Tables • Hoses/Sprinklers • Serving Carts • Tables (30"X96") w/chairs# o Chairs only • Marquee # weeks • Internet Access • Golf Carts # • Expo Pavilion Curtains • Fire Extinguishers # oMidway Electric (the "Premises"), which Applicant acknowledges to be sufficient, as is, for its intended purpose and/or use contemplated hereunder. Ill. Personnel o Parks Division Staff IV. Permits OFairgrounds Use Permit o Alcohol Permit 2. Applicant may use and have access to the Premises for a period, commencing at l2am on September 8, 2017, and ending at 11:59pm on September 8, 2017, ("License Duration"), which Fairgrounds License Agreement Initials Page 2 of 12 July 17,2017 P406 License Duration shall include Event set-up, removal and clean-up. Where the Applicant requires usage after the stipulated time, Applicant is required to pay additional charges including, but not limited to standard hourly/daily rates and any overage fees as set forth in the Fairgrounds Fee Schedule attached as Exhibit B ("Fee Schedule"). B. AUTHORIZED USE, TERMS & CONDITIONS: I . The Premises are to be used by Applicant for the Circus Pages (the "Evenf'), involving two circus therned performances with elephants, white tigers, camels, dogs, ponies, horses and lions. AvOicant uses "Dangerous Wild Animals" in its Event as defined in Exhibit D attached and incoMorated by reference herein as well as detailed information regarding the cal)ture and emergency plan for any elephants used in the show. At least twenty one (21) days Drior to the Event, Applicant shall supply to the County proof of compliance with each and every condition listed on Exhibit D. Failure by the Applicant to timely comnly with the requirements contained in Exhibit D shall result in the cancellation of this License Agreement and a forfeit of all Applicants deposits to the County as liquidated damages. County's Initials_ Applicant's Initials (a) The Event may include the following activities: circus show, performance acts with animals, elephant rides and motorcycle act. (b) The hours of the Event shall be: 4:3012m & 7:30pm on September 8, 2017. (c) The Event shall be used for no other purpose whatsoever, unless prior written approval is requested in writing by Applicant and given by the County which approval shall be subject to availability but not be unreasonably withheld, conditioned, or delayed so long as such request is submitted at least 90 days prior to the beginning of the License Duration. Such change may result in a modification of the insurance requirements set forth in B. 17. 2. Applicant agrees to pay to the County as rent, costs, expenses and taxes for the use of the Premises the following sums: (a) Rental fee will be $695.50, plus any additional charges imposed at the request of the Applicant to be reconciled at the end of License Duration, based on the calculations on the attached Fee Schedule. A minimum of TWENTY-FIVE percent (25%) of the entire rental fee, $173.88 ("Event Deposit") is due upon execution of this License Agreement. The balance of the rental fee set forth above and any remaining payments, including any expenses, charges or other fees described in this License Agreement shall be due thirty (30) days prior to the Event. Any incidental charges or fees not included in this Agreement at the time of execution shall be due within five (5) business days of the conclusion of the Event as described in B. Lb. (b) A Damage Deposit of $250.00 shall be submitted no later than 30 days prior to the Event. The Damage Deposit shall be applied against the fees, costs, expenses, charges and/or delinquent payments described herein, and against any costs of repair or replacement of damages to the Fairgrounds that directly or indirectly result from the Event, whether caused by Applicant or Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors or performers, or others on the Premises at Applicant's direction or Fairgrounds License Agreement Initials Page 3 of 12 July 17,2017 P407 invitation. The County's use of the Damage Deposit or any other sum described herein shall in no way constitute a waiver of any other right the County may have at law or equity. The Damage Deposit, to the extent unused, shall be returned to Applicant within thirty (30) business days following the Event. 3. The Applicant shall provide to the County information as to the total ticket sales at 30, 15, 7 and 3 days prior to the Event. The County reserves the right to cap ticket sales depending on the capacity of the Premises and the Fairgrounds or because of law enforcement, sanitation, traffic control or due to other public safety issues. 4. Applicant shall be financially responsible for all charges for all materials, personnel, services and equipment that the county furnishes for the Event. Applicant shall also be financially responsible for all charges for all materials, personnel, services and equipment that are provided by non - county agencies associated with this Event (i.e., stagehands, sound/light companies, ushers). 5. This License Agreement is not a permit. As set forth in sections 205.04 (Permits) and 205.09 (Sale and Consumption of Alcoholic Beverages at Designated Recreational Facilities), of the Indian River County Code of Ordinances, the Applicant must obtain the necessary fairgrounds use permit and alcohol permit, which collectively require the Applicant to timely obtain approvals of plans, including but not limited to, adequate sanitation facilities and sewage disposal, parking facilities, transportation of patrons, adequate medical facilities, adequate security and traffic control. Applicant shall be responsible for all costs associated with such facilities and services. 6. The County shall have the right, after coordination with the Applicant's authorized representative, to determine in its sole discretion the level of County staff necessary to service the facilities during the License Duration. Applicant shall be responsible for all additional costs for County staff and Applicant may request additional staff as needed. 7. Applicant's failure to make any of the payments required hereunder in a timely manner shall constitute a material breach and shall result in the immediate termination of this License Agreement. All fees, costs and expenses, including, without limitation, attorney's fees, incurred by the County in the collection of any payment due hereunder shall be reimbursed by Applicant. 8. Applicant (including all artists, performers, entertainers, sound technicians, employees, and subcontractors of Applicant, and any other participating in the production of the Event) shall comply and ensure compliance with the following during the Event: (a) The hours of event production and sound checks utilizing amplified sound in the Fairgrounds are restricted to: i. Sunday thru Thursdays from 10:00am-6:00pm with a minimum of one thirty (30) minute intermission. ii. Fridays and Saturdays from l0am-10:59pm with a minimum of one thirty (30) minute intermission. (b) The starting hours listed above may be adjusted to begin earlier upon approval of the County. (c) The location and arrangement of the stages and sounds systems shall be in accordance with the Stage Configuration Map as detailed by Applicant and approved by the County. The Fairgrounds License Agreement Initials Page 4 of 12 July 17, 2017 P408 preliminary Stage Configuration Map and a Site Plan shall be provided to the County thirty (30) days prior to the Event and a final Stage Configuration Map and Site Plan no less than fifteen (15) days prior to the Event. (d) Sound attenuation blankets or sound walls may be required to be erected at the rear of any temporary stages. Such temporary stage installations shall be installed in such a manner so as to minimize the noise impact on surrounding residential properties. (c) Applicant shall obtain stage inspection, documentation and certification in accordance with industry standard. Applicant shall provide copies of documentation reflecting certification within 24 hours of Event. Applicant shall also allow the County to inspect the stage construction. Such inspection shall occur no later- than 24 hours prior to the Event. Any cost associated by the County's inspection shall be at the sole cost of the County. The County shall make inspector(s) available at a mutually agreeable time. Failure to timely inspect the Stage by the County shall not preclude Applicant from proceeding with the Event. 9. Undisclosed or unpermitted activities or hours shall be cause for this License Agreement to be voidable by the County at any time during the License Duration. Undisclosed and unpermitted activities shall be subject to cancellation of the Event, and Applicant shall be subject to damages, penalties and other legal and equitable remedies including, but not limited to full payment under this License Agreement. 10. Applicant shall not assign this License Agreement or any rights hereunder or sublet the Premises without the express prior written consent of the Assistant County Administrator or his/her designee. 11. In the event that the Premises or any other portion of the Fairgrounds are not vacated and cleaned by Applicant at the end of the License Duration, the County is hereby authorized to remove from the Premises or any other portion of the Fairgrounds, at the expense of Applicant, all goods, wares, merchandise and property of any and all kinds and descriptions placed or permitted therein by Applicant and which may be then occupying the same, and County shall not be liable for any damage or loss to such goods, wares, merchandise or other property which may be sustained either by reason of such removal or of the place to which it may be removed. Applicant hereby expressly releases County from any and all such claims for damages of whatsoever kind or nature and agrees to defend, indemnify and hold County harmless at Applicant's expense as to any claims for damages by third parties having interests in such goods, wares, merchandise and property, including costs and attorney's fees. 12. Applicant shall: (i) use and occupy the Premises in a safe and careful manner, including but not limited to properly covering any and all power cords; (ii) comply with all federal, state and local laws, statutes, rules, regulations and ordinances; (iii) use the Premises solely for the purposes provided above; (iv) not permit the Premises, or any part thereof, to be used for any unlawful purpose or in any manner that may result in or cause harm and/or damage to persons or property; (v) not post or exhibit or allow to be posted or exhibited signs, advertisements, show -bills, lithographs, posters or cards of any description inside or in front of, or on any part of the Premises, except with the prior written consent of County, which consent shall not be unreasonably withheld, conditioned, or delayed; and (vi) deliver to the County the Premises in as Fairgrounds License Agreement Initials Page 5 of 12 July 17,2017 P409 good a condition and repair, including all necessary trash or waste removal, as the same shall be found at the beginning of the License Duration. Additionally, Applicant: (a) assumes all costs'arising from the use of patented, trademarked or copyrighted materials, equipment, devices, processes, or dramatic rights used on or incorporated in the conduct of the Event. Applicant shall defend, indemnify and hold County harmless at Applicant's expense from all suits, actions, proceedings, damages, costs and expenses in law or equity, including attorney's fees, for or on account of any patented, trademarked or copyrighted materials, equipment, devices, processes or dramatic rights furnished or used by Applicant or its employees, invitees, licensees, contractors, assignees, performers, contestants and exhibitors, in connection herewith. (b) shall not alter landscaping, fencing or any permanent structure nor shall there be any obstruction to ingress and egress to and from the Premises without the express written consent by the County. (c) acknowledges that the County shall have the sole right to collect and have the custody of articles left at the Premises by persons attending any Event given or held on the Premises, and Applicant or any person in Applicant's employ shall not collect or interfere with the collection or custody of such articles. (d) acknowledges that the County reserves the right to eject any persons reasonably deemed violent or otherwise dangerous to health, safety and welfare. (e) acknowledges that the County may immediately terminate the Event if the National Weather Service issues a severe weather warning, or imminent severe weather conditions develop in the area indicating a risk to public safety, or a state of emergency has been declared. Applicant hereby waives any rights and all claims for damages against the County that may result from the exercise of the rights reserved herein. (f) represents and warrants to the County that Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors and performers by their speech, song, music, conduct or manner will not violate or incite others to violate any statute, law, ordinance, rule, regulation or order of any federal, state, municipal or other governmental authority. 13. The County and its officers, agents and employees engaged in the operation and maintenance of the Premises reserve the right to enter upon and to have free access to the Premises at any and all times, which reservation is hereby acknowledged and agreed to by Applicant. 14. Applicant releases and forfeits any right of action against the County or its members, officials, employees and agents from any liabilities, claims for damages, losses, and costs which arise out of or in connection with the Event and to the fullest extent permitted by law, indemnifies, defends and saves the County and County's members, officials, officers, employees and agents harmless (1) against all liability, claims for damages, and suits for or by reason of any injury to any person, including death, and damage to any property for every cause in any way connected with the Event irrespective of negligence, actual or claimed, upon the part of the County, its agents and employees, except where caused by the willful and wanton acts of County officials, Fairgrounds License Agreement Initials Page 6 of 12 July 17, 2017 P410 officers, employees and agents, and (2) from all expenses incurred by the County for police protection, fire protection and emergency medical services, restoration and clean up, sanitation and maintenance costs and expenses that are required to preserve public order and protect public health, welfare and safety on the Premises of the Event. 15. At least 30 days prior to the License Duration, the Applicant shall, without limiting Applicant's liability submit certificates of insurance naming "Indian River County, FL" as additional insured and shall: Procure and maintain at Applicant's sole expense, insurance of the types, coverages and amounts not less than stated below: Schedule Limits Commercial General Liability — No more restrictive than $2,000,000 General Aggregate/ ISO Form CGOOO I (including property damage, personal $1,000,000 Each Occurrence injury, products / comp. ops. agg., premises, operations, and blanket contractual liability, and host liquor liability) (The County and County's members, officials, officers, employees and agents, shall be named as additionai insureds under all of the above Commercial General Liability coverage). In the event the use of motor vehicles is an integral part of the Event (unless a separate ordinance is specifically applicable to the automobiles): Automobile Liability (all automobiles -owned, hired or $500,000 Combined Single Limit non -owned) In the event the Applicant hires employees for the Event or is otherwise required to carry workers' compensation insurance, the Applicant will provide evidence of workers' compensation insurance or exemption as required by Florida Workers Compensation Law as defined in Chapter 440, Florida Statutes. Applicant will assume responsibility for Applicant's discretion in confirming that all of the Applicant's contractors or subcontractors engaged in work for the Event have the appropriate workers' compensation coverage. Such evidence will include evidence of workers' compensation benefits and employer's liability insurance for the following minimum limits of coverage: Workers Compensation Florida Statutory Coverage Including coverage for any appropriate Federal Acts (e.g. Longshore and Harbor Workers Compensation Act, 33 USC §§ 901-952, and the Jones Act, 46 USC §§ 688 et seq.) where activities include liability exposures for events or occurrences covered by Federal statutes. Employer's Liability -,ident Fairgrounds License Agreement Initials Page 7 of 12 July 17, 2017 P411 $500,000 Disease Policy Limit $100,000 Each Employee/Disease In the event that any services or activities of a professional nature are provided, and Risk Management determines the coverage is necessary, pursuant to (k) below: 11'rofessional Liability (Errors and Omissions) 1$ 1,000,000 Each Occurrence/Claim I In the event that children will be supervised in connection with the Event and Risk Management determines the coverage is necessary, pursuant to (k) below: I Sexual Molestation Liability 1$1,000,000 Each Occurrence/Claim I In the event alcoholic beverages, including beer and wine, will be served, sold, consumed or otherwise allowed at the Event, the entity serving or selling the alcoholic beverages must have the following coverage: I Liquor Liability 1$1,000,000 Combined Single Limit I (b) Participants — Except as set forth below, the Applicant shall assume all responsibility for Applicant's discretion in obtaining, if any, insurance from the Event's contributing participants and subcontractors (such as caterers, vendors, production companies, entertainers, sponsors) in the types and amounts necessary to adequately protect the County and the County's members, officials, officers, employees and agents. (c) Primary and Non -Contributory — The Applicant's insurance will apply on a primary basis and wil I not require contribution from any insurance or self-insurance maintained by the County. (d) Deductibles — The deductibles of the insurance policies applicable to the Event shall be deemed customary and the responsibility of the Applicant and any named insureds. (e) Additional Insured — The Applicant's insurance, except workers' compensation and any additional coverages where it is unavailable, will name the Board of County Commissioners of Indian River County and County's members, officials, officers, employees and agents, as additional insureds under all insurance coverages required for the Event. (f) Reporting Provision — The Applicant's insurance shall be provided on an occurrence form. In the event that coverage is only available on a claims made form, the Applicant shall agree to maintain an extended reporting coverage for a minimum of two years past the expiration of the annual policy term. (g) Duration —Notwithstanding anything to the contrary, the Applicant's liabilities intended to be covered by the insurance coverage(s) required under this section shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of particular policies for insurance coverages. Fairgrounds License Agreement Initials Page 8 of 12 July 17, 2017 P412 (h) Sovereign Entities — State and federal agencies eligible for sovereign immunity may submit a statement of self-insurance for liability as allowed by the applicable state or federal statute. Such statement will be acceptable in place of insurance requirements defined herein. (i) Financial Responsibility — Applicant shall obtain insurance by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is declared as an approved Surplus Lines carrier under Chapter 626, Florida Statutes. Such insurance shall be written by an insurer with an A.M. Best Rating of A -VII or better. Applicant must maintain continuation of the required insurance throughout the Event, which includes load -in, setup, tear down, and load -out. Evidence of Financial Responsibility — Applicant must provide a certificate of insurance to the County's Risk Manager, demonstrating the maintenance of the required insurance including the additional insured endorsement 30 days prior to the Event Date. Upon written request, the Applicant shall make its insurance, policies and endorsements available to the County's Risk Manager. The County's Risk Manager shall approve the Applicant's insurance if it complies with this License Agreement's requirements, including, if any, additional insurance coverages deemed necessary by the Risk Manager. No material alteration or cancellation, including expiration and non -renewal of Applicant's insurance, shall be effective until 30 days after receipt of written notice by the County from the Applicant or the Applicant's insurance company. (k) Discretionary Authority — Depending upon the nature of any aspect of any event and its accompanying exposures and liabilities, the County may, at its sole option, require additional insurance coverages not listed above, in amounts responsive to those liabilities, which may or may not require that the County also be named as an additional insured. (1) Applicant is required to immediately notify the County of any incident, accident, occurrences and/or claims made in connection with the Event. 16. Applicants seeking a permit for the sale and consumption of alcoholic beverages per section 205.09 of the Indian River County Code of Ordinances shall submit the purveyor's name no less than 45 days prior to the Event to the County. At least 30 days prior to the Event, the Applicant shall submit copies of the alcohol vendor's required state alcoholic beverage licenses and insurance certificate in accordance with Section B. 17 to the County. 17. If default occurs on the part of the Applicant in fulfillment of any of the terms, covenants or conditions, including the timely submittal of all documents set forth in Section B, of this License Agreement, the County may terminate this License Agreement and decline to issue any and all permits necessary for the Event. In such case, the rent, taxes, fees, deposits and any other charges hereunder, whether accruing before or after such termination, shall be considered part of and inclusive of the County's damages resulting from Applicant's default. Applicant's default hereunder shall be considered a default of any and all agreements by and between Applicant and the County, and any amounts due Applicant under its other agreements with the County may be used by the County to remedy Applicant's defaults hereunder. Any remedy Fairgrounds License Agreement Initials Page 9 of 12 July 17, 2017 P413 granted in this License Agreement to County shall be in addition to all other remedies available to County in law or equity, and not exclusive of such remedies. 18. In the event that the Applicant cancels all or any time or portion of the Premises reserved for the Event, the County must receive written notice. Applicants may be entitled to a refund according to the following schedule: (a) Cancellation prior to 180 days from the first date of License Duration will receive a refund equal to 85% of the Event Deposit collected under Section B.4.(a). (b) Cancellation between 90-180 days of the first date of License Duration will receive a refund equal to 50% of the Event Deposit collected under Section B.4.(a). (c) Cancellation less than 90 days of the first date of License Duration will forfeit the Event Deposit collected under Section B.4.(a). 19. In addition to any other charges set forth in the Fee Schedule, the Applicant shall pay a $250 administrative fee for each modification or addendum to the License Agreement. 20. In the event that the Premises or any part thereof, or adjacent premises required for access thereto, should be so damaged or destroyed by fire or other cause, without the fault of Applicant, as to prevent the use of the Premises for the Event, then this License Agreement shall terminate. In such event, the County shall be paid for all items of expense incurred by it under this License Agreement and any rental accrued prior to such destruction or damages, but Applicant shall be relieved of paying rent accruing thereafter. For purposes of this paragraph, causes or events not within Applicant's control shall include, without limitation, acts of God, floods, earthquakes, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within Applicant's control, and thus not falling within this Section 12, shall include, without limitation, Applicant's financial inability to perform or comply with the terms and conditions hereof, economic hardship, a featured act's failure or refusal to perform or appear, and misfeasance, malfeasance or nonfeasance by any of Applicant's directors, officers, employees, contractors, or agents. 21. Applicant acknowledges receipt of and agrees to comply with the Fairground's Rules and Regulations which are attached hereto as Exhibit C and incorporated by reference. 22. Applicant assumes all risks of damages to and loss by theft or otherwise of the furniture, appliances or other property of Applicant or Applicant's employees, invitees, licensees, contractors, assignees, performers, exhibitors, contestants and those otherwise contracting with Applicant, and Applicant hereby expressly releases and discharges County from any and all liability for any such loss and agrees to defend, indemnify and hold County harmless from all claims and actions for damages as to such losses, including attorney's fees. 23. County and Applicant retain all television, film, recording and licensing rights as to any Event that takes place in or on the Premises, provided such is permitted within the Artist Contract. County will coordinate such recordings with Applicant's marketing representative. In the event of artist recording restrictions, Applicant shall request the right to allow the County to take generic production and still photographs of the Event. Fairgrounds License Agreement Initials Page 10 of 12 July 17,2017 P414 24. Unless excused by impracticability or impossibility of performance or other lawful contractual defense, any attraction, act, or person contracted to appear during the Event as an entertainer shall appear at the published time or within one hour thereafter. Applicant shall not advertise or permit any advertising that a particular performer will appear for the Event until after a contract for the performer's appearance has been executed and a copy thereof has been provided to the County; otherwise, the County may terminate this License Agreement and cancel the Event. 25. No exception or waiver of any provision of this License Agreement shall be effective unless in writing signed by the Assistant County Administrator. No such waiver shall be held to waive the same provision on a subsequent occasion or be construed to constitute a waiver of any other provision of this License Agreement. This License Agreement contains the entire agreement between the parties, unless modified or amended by a subsequent written agreement executed by the parties. This License Agreement shall be governed by the laws of the State of Florida, and venue for the resolution of disputes hereunder shall be in a court of law in Indian River County, Florida. 26. At least 30 days prior to the Event Date, Applicant shall submit proof of application for a "Special Events & Tent Sales Inspection Permit" from the Indian River County Fire Prevention Bureau pursuant to Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101 & 102 and IRC Ordinance Section 208.11. 27. All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses for the services provided at the Event. 28. All deadlines falling on a weekend or holiday shall be accelerated to the prior business day. 29. Any notice, request, instruction, demand, consent or other communication required or permitted to be given under this License Agreement shall be in writing and shall be given in writing and delivered by email or US Mail, Certified — Return Receipt Requested, to the following: Indian River County Parks Division 5500 77th Street Vero Beach, FL 32967 Email: I mzitogircizov.com cc: dfleetwoodgir6gov.com, bpowellgi gov.com, lsmithAircgov.com Applicant: Circus Pages At tn: Yolanda Earhart PO Box 303 Myakka City, FL 34251 Email: jumpingjofa@aol.com Fairgrounds License Agreement Initials Page 11 of 12 July 17, 2017 P415 30. Applicant acknowledges that the County makes no guarantees to Applicant, express or implied, as to any pecuniary gain that Applicant may have intended to result from the Event. 31. The recitals and WHEREAS clauses are true, accurate and correct and are hereby incorporated herein by this reference. 32. Services Provided by the County: (a) County reserves the right to determine the adequacy of outside services procured by the Application under Section B as a condition of the Permit. IN WITNESS WHEREOF, the parties, by and through their authorized representatives' signatures below, do hereby execute this License Agreement on this _ day of APPLICANT: INDIAN RIVER COUNTY: M Yolanda Earhart, Manager Fairgrounds License Agreement initials VA Page 12 of 12 July 17, 2017 P416 4 1 ' zjj�.T. 4 Oq�' IF f,7- -0 4v WIN. 1160 V� La Rl - jL�. —All -!:Ot 4L- m�N 4L P417 EXHIBIT B - Fairgrounds License Agreement Fees - Nonprofit Event Name & A - ficant - NONPROFIT I XFP Date(s) of License Agreement Acreage Days Total 0-5 Acres $ 125.00 X = $ 6-10 Acres $ 150.00 X = $ 1] -40 Acres $ 275.00 X = $ 41 + Acres $ 525.00 X = $ Facility Hourly Rates Hours Expo Center $85.00 x = $ - Facility Daily Rates Days Expo Open Air Pavilion $400.00 x = $ - Agricultural Pavilion $300.00 x = $ - Entertainment Bldg. $100.00 x = $ - Concession Bldg. $106.00 X-= 's - Arnmenities per Event QTY Small Stage $50.00 x = $ - Tables $8.00 x = $ - Chairs $0.50 x = $ - Hoses/Sprinklers $20.00 x = $ - Light Carts $90.00 x = $ - Internet Access $100.00 x = $ - Tent I WO $200.00 x = $ - Picnic Tables $10.00 x = $ - Stage Risers $20.00 x = $ - Serving Carts $20.00 x = $ Arnmenities per day QTY Per Day Small Bleachers (I st Day) $50.00 x x = $ Small Bleachers Addl. Days $25.00 x x = $ Large Bleachers (I st Day) $175.00 x x = $ Large Bleachers Addl. Days $75.00 x X = $ Stage with Canopy (I st Day) $800.00 x X = $ Stage with Canopy Addl. Days $150.00 x X = $ Stage without Canopy (lst Day) $300.00 x x = $ Stage without Canopy Add]. Days $150.00 x x = $ Fire Extinguisher $10.00 X X = $ Golf Carts $70.00 x x = $ Golf Cart - 8 Passenger $100.00 X X = $ Electric $75.00 x x = $ P418 EXHIBIT B - Fairgrounds License Agreement Fees - Nonprofit Ammenities per week Marquee (I st Week) $100.00 X x = $ Marquee Addl. Weeks $50.00 x X = $ Marquee Per Day $20.00 x X = $ FACILITY EXCLUSION ALCOHOL PERMIT FEE Days Total $250.00 x $ $400.00 x $ SUBTOTAL:= $ 7% TAX: = $ DAMAGE DEPOSIT:= $ TOTAL:= $ Subtotal +Tax: $ - 25% DEPOSIT:= S PAYMENTS Check No. Date Amount Balance Due: s POST EVENT RECONCILIATION CHARGES Staff # Hours Staff $25.00 x X = $ TAX: = $ STAFF TOTAL: = S Date Quote Provided: Quote Provided By: ***Quotes are good for 15 days. No dates are held without a 25% deposit.*** P419 EXHIBIT B - Fairgrounds License Agreement Fees - Standard CIRCUS PAGES INTERNATIONAL, INC. September 8, 2017 Acreage Days Total 0-5 Acres $ 150.00 X I = $ 150.00 6-10 Acres $ 175.00 X = $ - 11-40 Acres $ 525.00 X = $ 41+ Acres $ 775.00 X = $ Facility Hourly Rates Hours Expo Center $125.00 x = $ - Facility Daily Rates Days Expo Open Air Pavilion $500.00 x I = $ 500.00 Agricultural Pavilion $400.00 x = $ - Entertainment Bldg. $100.00 X $ Concession Bldg. $100.00 X $ Arnmenities per Event QTY Small Stage $50.00 X $ Tables $8.00 x $ Chairs $0.50 X $ Hoses/Sprinklers $20.00 x $ Light Carts $90.00 x $ Internet Access $100.00 X $ Tent I Ox2O $200.00 x $ Picnic Tables $10.00 X $ Stage Risers $20.00 x $ Serving Carts $20.00 x $ Ammenities per day QTY Per Day Small Bleachers (I st Day) $75.00 x x = $ Small Bleachers Addl. Days $25.00 x x = $ Large Bleachers (I st Day) $325.00 x X = $ Large Bleachers Addl. Days $100.00 x X = $ Stage with Canopy (I st Day) $1,100.00 x x = $ Stage with Canopy Add]. Days $200.00 x x = $ Stage without Canopy (I st Day) $600.00 x x = $ Stage without Canopy Add]. Days $200.00 x x = $ Fire Extinguisher $10.00 X X = $ Golf Carts $70.00 x X = $ Golf Cart - 8 Passenger $100.00 x x = $ Electric $75.00 x x = $ Arnmenities per week Marquee (I st Week) $100.00 X X P420 EXHIBIT B - Fairgrounds License Agreement Fees - Standard Marquee Addl. Weeks $50.00 x x $ Marquee Per Day $20.00 x x $ FACILITY EXCLUSION $250.00 x ALCOHOL PERMIT FEE $400.00 x Subtotal+Tax: $ 695.50 Days Total SUBTOTAL: = $ 650.00 7% TAX:= $ 45.50 DAMAGE DEPOSIT: = S 250.00 TOTAL: = $ 945.50 25% DEPOSIT:= S 173.88 PAYMENTS Check No. Date Amount Balance Due: s 945.50 POST EVENT RECONCILIATION CHARGES Staff # Hours Staff $25.00 x x = $ TAX: = $ STAFF TOTAL: = S Date Quote Updated: July 17, 2017 Quote Provided By: BP ***Quotes are good for 15 days. No dates are held without a 25% deposit.*** P421 Exhibit C Indian River County Parks Division Fairgrounds Rules & Regulations General Fairgrounds Rules I Scheduling is conducted on a first come, first serve basis for open dates. Reservation dates may only be secured and guaranteed with a minimum 25% Deposit Fee and fully executed Agreement. Staff reserves the option to issue a placeholder deposit Agreement ("Placeholder Agreement") in lieu of a fully executed Agreement which will secure the date pending a due diligence review. Placeholder Agreements shall automatically expire 6 months prior to the scheduled event date and the reservation forfeited unless the Applicant enters into an Agreement. 2. Permits for groups composed of minors will be issued only to adults who accept responsibility for supervising them throughout the period of the permit. 3. Security Plan: a. Festival events shall present a security plan to the Indian River County Sheriff's Office Division of Law Enforcement. Approval and sign off by the Division shall be a condition precedent of the issuance of the Perm it/License Agreement. b. Assigned law enforcement officials must have arresting authority in Indian River County, i.e. IRCSO, FHP etc. c. The County will determine in its sole discretion the level of security of sworn law enforcement and emergency services personnel. d. Evidence of IRSO law enforcement scheduling shall be provided to the County 30 days prior to the Event by means of a paid receipt to the IRSO. The County will provide Applicant with the order form for IRSO. 4. All indoor cooking is strictly prohibited. Outdoor cooking, grilling, etc. shall be approved in advance by the Fairgrounds Management Staff. 5. Deposits: a. All buildings and facilities shall be left in the same condition it was received in. A cleaning fee shall be deducted from the,damage deposit to cover the cost of cleaning/restoring the facilities to their original condition. i. Any and all decorations must be approved prior to installation and removed completely at the conclusion of the event. ii. The Ag Expo Building should be left in a broom swept condition with any wet areas mopped and all garbage left in designated location. b. A damage deposit of no less than $500, refundable upon inspection of the property is required for every event. Deposit may be increased in the sole discretion of the County dependent upon number of attendees and events. i. Festivals require a damage deposit of no less than $2500. 6. Any signage visible from the road in any county right of way requires a permit from the Code Enforcement Division prior to placement. Fairgrounds License Agreement Initials 81 Page I of 3 rev. P422 Exhibit C 7. No animals are allowed unless assisting the handicapped or the event is an animal related event. Animals are allowed in the RV area but must be on a leash (<6') or in a carrier at all times. 8. Alcoholic is strictly prohibited except through the issuance of an Alcohol permit issued by the Parks Division. 9. Under no circumstances shall any person remove any equipment or other items from the premises. 10. Facilities shall be restored to their original condition and all activities ceased by at the time referenced in the Agreement. For each quarter hour after the applicant will be charged a fee of $50.00 per quarter hour. 11. Control of all lights, thermostats and other equipment, and the locking and unlocking of doors is the responsibility of the Fairgrounds Management Staff. Staff should be notified of any special needs of the Applicant. 12. Applicant agrees to hold Indian River County, Fl, harmless from any and all claims for damages to persons or property resulting from their use of any facility. 13. Applicant agrees to accept facilities "as is." Applicant acknowledges responsibility for conduct of each member / guest attending event. Applicant conducts all events at their own risk. All attendees must abide by County policies. 14. All RV's are required to park in the designated RV area. There will be no parking of RV's in or around other facilities without prior approval of the Fairgrounds Management Staff. All RV's will be required to pay the daily fee for the campsite hook-up. 15. Insurance requirements shall be determined at the sole discretion of the County Risk Manager. Certificates of insurance designating "Indian River County, FL" as additional insured shall be presented to the County no less than 30 days prior to the event. 16. All activities shall be subject to inspection by Indian River County Offices of Fire Prevention, Health Department, Sheriff s Office, Risk Management, Traffic Control, Solid Waste Disposal District and Florida Department of Business and Professional Regulation. RV Campground Rules I . RV sites are not open to the public. 1 RV sites are used only during scheduled events. Only participants of the events may use the RV sites. 3. Alcohol is strictly prohibited within the Campground. 4. Animals are not allowed in Campground unless permitted by Fairgrounds Management Staff. 5. Showers are to be used by registered guest only. 6. Only one (1) book -up allowed per site. 7. Backflow preventers are required on all water connections at all times. 8. Proper sewer connections are required at all times. 9. Applicant is responsible to collect all fees from participants of their event. 10. Fairgrounds Management Staff will count each morning and will confirm count with the Applicant daily. 11. Fees are $20.00 per site plus 11% tax for a total of $22.20 each for full hookup. 12. Fees are $15.00 plus I I% tax for a total of $16.65 each for all dry camping. Fairgrounds License Agreement Initials 81 Page 2 of 3 rev. P423 Exhibit C 13. Reconciliation for camping fees will be collected within 3 days of the conclusion of the event. 14. A separate check for camping fees is required. 15. Early arrival and late departure for events must be coordinate thru the Fairgrounds Management Staff @ 772-589-9223 and camping fees will be collected separately. 16. Reservations are not accepted for campsites. Fairgrounds License Agreement Initials 81 Page 3 of 3 rev. P424 Page I of 2 EXHIBIT "D" Use of Dangerous Wild Animals The County of Indian River, Florida, has approved on a schedule of requirements that apply to exhibition, sets, displays, or any other permit that involves elephants or any other potentially dangerous wild animal, as defined below. "Dangerous wild animal" means any mammal, including but not limited to Elephantidae (elephant); Felidae (tiger, lion, cougar, leopard, cheetah, jaguar); Canidae (wolf, coyote); Ursidae (all bears); and all non -human primate species (such as chimpanzees, orangutans, gibbons, capuchins, macaques, and baboons) which the owner knows or reasonably should know has a propensity, tendency, or disposition to attack, cause injury, or otherwise endanger the safety of the public or other animals. The required actions or document submittals described below must be satisfied by applicant(s) three weeks prior to issuance of a permit. In the event a permit is issued, failure to maintain these requirements during the permitted activity will be cause for revocation of the permit. Applicants must meet the following conditions: Submit a liability insurance policy with an insurer authorized or approved to write such insurance in this state in the amount of two million dollars that covers claims for injury or damage to persons or property in an amount of not less than one million dollars per occurrence. In the case of activity to be held on public property, the Risk Manager of the County will review the proposed activity and at his or her sole discretion set additional requirements or increased limits. 2. Submit documented proof that within the past twelve months all elephants tested free of tuberculosis (TB) in trunk wash cultures and a serological test that detects antibodies to TB, such as the ElephantTB-STAT-PAK Assay. 3. Submit a written plan for the quick and safe recapture or destruction of a wild animal in the event an animal escapes. a. The applicant's written protocols for training their staff on methods of safe recapture of escaped wild animals, and b. A detailed description of containment methods for the animal(s) and; and c. Access to appropriate chemical immobilization drugs and equipment; and d. Identification of staff member(s) (and as appropriate, veterinarians) who possess firearm and chemical immobilization proficiency to recapture an escaped wild animal. 4. Disclose previous incidents of specific dangerous, unpredictable, or aggressive behavior by any of the animals, that put any people or other animals at risk, including the animal handler(s). 5. Disclose ages and all current and most recent names of all animals. 6. Produce health histories and health certificates for all animals. Fairgrounds License Agreement —Exhibit D Initials Page I of 2 P425 7. Applicant, applicant's principles, officers, and directors must have no felony convictions and must disclose the names of any employees with animal related felony or misdemeanor convictions. 8. Applicant must meet the following conditions: a. Applicant (including employees and subcontractors of applicant) has not been cited within 3 years by USDA under the Animal Welfare Act for 1) inappropriate provision of veterinary care 2) inappropriate handling of animals causing stress or trauma 3) inappropriate provision of food, water, shelter or space. b. Will comply with all applicable Federal law for the duration of the activity permitted. Must not have any official notices of alleged violations; or any stipulations, consent decrees, or settlements entered into with the USDA within the last 5 years. 10. The applicant must meet an informed consent provision by providing written information explaining that a wild animal(s) will be or is present and there is risk of injury or death to: a. The property owner or person responsible for the property where the animal will be displayed. b. The owners or persons responsible for any contiguous neighboring property; c. Any individuals entering the site of the permitted animals display. Written information shall be either a handout or fiyer handed to the persons listed above or a poster located at all entrances to the performance area, in and around the performance area, and where the wild animal(s) is located. 11. Produce a plan for providing emergency veterinary care in a timely fashion including names and contact information of available on-call veterinarians, if none are present on-site. Fairgrounds License Agreement — Exhibit D Initials Page 2 of 2 P426 JGG INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: July 24, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Terry Southard, Operations Manager Subject: Final Payment to Parkson Corporation for Bid #2016037 Headworks Screen and Compaction Equipment Refurbishment The project to refurbish the Screens and Compaction Equipment at the West and Central Regional Wastewater Treatment Facilities (WWTF) wasawardedto Parkson Corporation (Parkson) bythe Board of County Commissioners (BCC) on July 12, 2016, in the amount of $274,295.00. ANALYSIS: The project is complete and services are now concluded. The total amount approved for Bid #2016037, Headworks Screen and Compaction Equipment Refurbishment is $274,295.00. Payment of the final invoice of $18,921.95, inclusive of retainage, will release the Countys obligation to Parkson. FUNDING: Funding for the Headworks Screen and Compaction Equipment project retainage is available from the Utilities fund, Account Number 471-206000-16524. These funds are derived from the Operating Fund, which is financed from water and sewer revenues. ACCOUNTNAME ACCOUNT NUMBER AMOUNT Headworks Screen and Compaction Equipment Refurbishment — Retainage 471-206000-16524 $ Staff recommends that the Board of County Commissioners approves Final Payment to Parkson Corporation in the amount of $18,921.95. ATTACHIMENT(s): 1. Invoice AR1/51017393-1 from Parkson Corporation Page 1 of I P427 a K P �s Z F:954-935-6249 r - 0 'od 11 P:954-974-6610 Treating Water '"Obt invoice Please Remit to: Parkson Corporation PO BOX 863098 Invoice ARI/51017393-1 ORLANDO, FL 32886-3098 Date 06-22-2017 lnvoiceTo: Shipto: INDIAN RIVER COUNTY West Regional Indian Creek Facility 1801 27TH ST BLDG A 184025TH ST VERO BEACH FL 32960-3388 VERO BEACH FL 32960 Business Partner BP1005873 Sales Order 020001677 Customer PO Item Description Quantity Unit Price Unit Amount Packing Slip No. P0201049001 0900001 RELEASE OF RETAINAGE 1.0000 ea 18,921.95 ea 18,921.95 Total Total USD Tax Amount 0.00 18,921.95 Terms of Payment Net 30 Days Terms of Delivery FOB Point of Mfg, Frt.Allowed Please state with your payment: ARI/51017393-1 Due On Jul -22-2017 *Any local sales taxes applicable to this order are the responsibility of the purchaser. DELINQUENT ACCOUNTS ARE SUBJECT TO FINANCE CHARGES OF 1.5% PER MONTH UNTIL PAID. Parkson Corporation www.parkson.com P428 'YN 14 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: July 31, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Arjuna Weragoda, P.E., Capital Projects Manager Subject: Final Pay and Release of Retainage to Ham R/O Systems, Inc., for Membrane Replacement for RO Skids at North County RO Water Treatment Plant, Bid No. 2016025 On April 19, 2016, the Indian River County Board of County Commissioners (BCC) awarded the contract for the North County Reverse Osmosis (NCRO) Water Treatment Plant Membrane Replacement Project to Harn R/O Systems (Harn), Inc., at a cost of $1,041,629.00. On October 18, 2016, the BCC approved Change Order No.1 for a sum amount of $90,007.58, which resulted in a total revised contract amount of $1,131,636.58 to the Ham contract. ANALYSIS: Harn has completed the membrane replacement at the NCRO Water Treatment Plant successfully and under budget, and is requesting a final payment and release of retainage. To date, Harn has been paid $1,064,621.11. Payment in the amount of $56,032.69, including release of retainage, will complete the county's obligation to the contractor. The project came in $10,982.78 under budget. FUNDING: Funds for this project are derived from the capital budget in the operatingfund. Operating funds are generated from water and sewer revenues. Description Account Number Amount Retainage 471-206000-16508 $56,032.69 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the Final Pay Application No.10 in the amount of $56,032.69, which will release retainage to Ham R/O Systems, Inc. 1. Final Pay Application C:\Users\G RAN C-1\AppData\Loca1\TernP\8CL Tech no logies\easyPDF 7\@BCL@38054887\@BCL@38054887.docx P429 ID C)o-JVI�V& �SkOl()30-kA C JVF�D JUL 19 2017 BY: if CO PYVLICATION FOR PAYMENT NO. 9-FinalRetai cm nage To: Indian River County Board of County Commissioners (OWNER) From, Harn R/O Systems, Inc. (CONTRACTOR) Contract: Project: North Hobart Water Treatment Plant Membrane Replacemen OWNER's Bid No. 2016-025 ENGINFL:K's Project No, For Work accomplished through the date 5/3M017. I , ' Original Contract Price: s 1,041,629.00 2. Net change by Change Orders and Written Amendments (4 or $ �90007.58 3. Current Contract Price 1 plus -2 $ 1 13 �1636-58 4. Total completed and stored to date $ 1 �120653-80 5; Retaihage (par Agreement): 0 % of completed Work: $ 1 120 �65380 6/o of Fetaihaqa* Total Retainage: 6. Total completed and stored to date less retainage,(4 minus 5): $ 1,120,653.80 7. Less previous Application for Payments: $_L,064.621 11 8. DUE THIS APPLICATION (.6 MINUS 7): $—L6.-632-69 Aqpqrnpanying a6pum6ntation: CONTRAtTOITS CeirtificMiorl: The undersigned CONTRACTOR certifles that (11) titie'to ail Work, materials and equiptnent incorporated in said Work or pthervAspilistect in or co�ere.d by this Application for Payment vAll pass tc�.OWNEA at time of payment free And cledr of 91110sins, security Interests And enpumbrances: (2) All Work covered bythis Application for i5ayment is in Accordance v&h the:666trart Mcuindnts and not ciplF64five; and, (3) the labof and materials listedon this k and payment received from the last Application for Payment iiiave beeb used in the donstructioll of this W6( progress payment has been used to make payments to all subcontra rs .9 Ate Yyfe , .0 pto , lab rem in 6ai n a It suppliers except as listed below:— Dated —A I Ham RtO Syste in 7� * CONTRACTOR By. fl State of - 7 C6untv of 01 !�.. M Suftdribeclart W.cirn'101561 &I'Ve S. DA IE E R Oato of I'll b% Notary Pubfi� ,Ida d, 57 V-7 commlsslon # *GG 0504 .9 -020 My Comm. E 61tos Nov 28. 2 ublic, .,mission 4xpirbs: fe J'ndecli Payment, of the ab.60 OUNTPUE THIS AP ICATION i�'fe Dated EJGDC NO. C -700-E (2002 EdItioli). ssoda ed AfML piia2redma,6F 6qq1h,jrSj*jhtCo�tmao6cui.neh Com6*e and endaMed bytheA t Gmew1tnVwAomofAmerr;aa spftVicagon tn�lkule. 00800-26 P430 HARN R/O SySTE MS, INC. — 310 CENTF ,R COURT - VE NICE, FLORII)A Phone 94lr488-9671 Fax 941-488-9400 FINAL RELEASE OF LIEN KNOW ALL 1�,MN BY THESE PRESENTS: That the undersigned, for and in consideration Ofi and contingent upon receipt ofthe sum of . FMY-.SIX THOUSAND TmRTY-TWO DOLLARS AND 691100 ($56,039X9.) to be paid by Indian 1�ivet County fOf Draw H9 -firtal Retainage. Receipt Of which is being induced by this release hereby releases and quit claims 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: NORTH HOBART WATER TREATMENT VERO BEACH, FL -31067 any On account of labor performed and/or material furnished for the construction Of improvements thereon. That all labor and materials used . by tbe, undersigned M'' the erie �-*ori of said improvements have been fully paid for,, or will be p�id for frorx, the payment r6cited:above- 'W:HtREO . e hereutito set my hand and seal this VyTrNE13S hav -A day of ,2o -n HargR/O��Ystemls �Inr- Company COUNTY OF SARASOTA SwOtnto and subscribed before me this --.� �-aTof 20 DANIELLE HARN N0121Y PublIC - Stele ol Florida COMMISSIDA 0 GG 656457 MY (1001M. Expires Nov 28, 2021 P431 z w 0 0 A L6 8 0 > u z z 9 th 0 UMNwIl ------------ t; B LO 0 w E , = . ;zr z I . I . z w 0 0 A L6 8 0 > u z z 9 th 0 UMNwIl ------------ t; B ---- 0 w w , = . . I . I . . ------------ - --------- ------------ - ----- se R -R 61 b 99zr 8 -Q 8 -------------------- �aa� E! .1 q - C'M 0 -! DWI -v 0 ----------- -- - -------- --- ---- 0 - ------------ ---- ------------ c 8 Ti ------- sms ------ 8 C, A in § It: -� .1 4 we C 'a 12 2 - E E e �e E 9we 0 u 5t c M 32 w TIM -1 1 TF. �m m zig cr zo- z *Z max w E R=W� 8 � -� m 0 :03 Z) a bm � a 18 WM N 2! 1 0 8 � < 9V 8 d z z ne P432 t; B 0 WE P432 — I -LI FcONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Dori Roy, Assistant to County Administrator FROM: Will Rice, Manager, GIS Department DATE: August 4, 2017 SUBJECT: Esri ArcGIS Server License Additions DESCRIPTION AND CONDITIONS Indian River County has been using Geographic Information Systems (GIS) software from the company Esri since 1987. Esri's ArcGIS Desktop software is used by County staff to compile and maintain GIS data layers, perform geographic analysis, and produce hardcopy map products for visualization purposes. Esri's ArcGIS Server software enables the distribution of the County's GIS data layers for web mapping applications and provides support for more advanced field applications used by Utility Operations and Emergency Management for post Huff icane Disaster Assessment activities. Esri licenses its ArcGIS Server software not by individual user, or by server, but by server "core". A recent review of the ArcGIS Server licenses found that additional licenses would be needed to maintain the current performance and responsiveness of the ArcGIS Server software for County applications. The review of the GIS servers showed that an additional twelve (12) ArcGIS Server Core Licenses would be needed. Staff is requesting that the Board of County Commissioners approve the purchase of these additional licenses. FUNDING The total cost of the additional Esfi ArcGIS Server Core software licenses are $60,000.00. This is a onetime expenditure and as such will be allocated to the specific funds which are the primary end user of the licensed technology and/or software packages. The funding sources will be spread across multiple departments due to the distributed nature of the end user locations. The allocations will be set up per the table below. A budget amendment will follow from cash forward in each respective fund to ensure necessary funds are available. Page I of 2 P433 Account Number Fund/Department Fund Allocation 00110319-036991 General Fund/GIS $11,488 00420515-036991 MSTU Fund Planning $7,660 11124319-036691 Transportation Fund/Public Works $7,660 11421022-036691 ESD/Fire Services $5,426 44123324-036691 Building Department $3,191 47123536-036691 Utilities/General & Engineering $24,5795 Total $60,000 Staff requests that the Board of County Commissioners approve the expenditure and authorize staff to create a Purchase Order to the associated vendor. ATTACHMENTS: 1. Esri Vendor Quote #20510635 APPROVED AGENDA ITEM for August 15, 2017 Page 2 of 2 P434 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: 909-793-2853 Fax: 909-307-3049 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 0612912017 To: 0912712017 Quotation # 20510635 Date: June29,2017 Customer # 115299 Contract # County of Indian River Board of County Commissioners 1800 27th St Vero Beach, Fl- 32960 ATTENTION: Will Rice PHONE: (772) 226-1609 FAX: Material Qty Description Unit Price Total 109071 12 ArcGIS for Server Enterprise Standard (Windows) Additional Cores License 5,000.00 60,000.00 Item Total: 60,000.00 Subtotal: 60,000.00 Sales Tax: 0.00 Estimated Shipping & Handling(2 Day Delivery) : 0.00 Contract Pricing Adjust: 0.00 Total: $60,000.00 Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. questions contact: All Fain Email: afain(a).esri.com Phone: (305) 446-9786 x8742 The items on this quotation are subject to the terms of this quotation and of your signed agreement Wth Esri, if applicable. If no such agreement covers any item, then Esrl's standard terms and conditions found at http://�.esri.conViegallsoftware-license apply to your purchase of that item. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esn's GSA Federal Supply Schedule. Acceptance of this quotation is limited to the terms of this quotation. State and local government entities in California or Maryland buying under the State Contract are also subject to the terms and conditions found at hftp://�.esri.comliegal/supplemental4erms-and-conditions. Esr! objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. All terms of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings. If sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 90074-4630 FAINA This offer Is limited to the terms and conditions incorporated and attached herein. P435 Environmental Systems Research Institute, Inc. 380 New York St Redlands, CA 92373-8100 Phone: 909-793-2853 Fax: 909-307-3049 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 0612912017 To: 09/27/2017 Quotation # 20510636 Date: June 29, 2017 Custonner# 115299 Contract # County of Indian River Board of County Commissioners 1800 27th St Vero Beach, FL 32960 ATTENTION: Will Rice PHONE: (772) 226-1609 FAX: If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax Earl the signed quote in its entirety in order for the quote to lbe accepted. You will be contacted by your Customer Service Representative If additional information is required to complete your request If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having Issued a formal purchase order, a signed quotation will not be accepted unless It Is accompanied by your purchase order. In order to expedite processing, please reference the quotation number and any/all applicable Earl contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BRA) on your ordering document. BY SIGNING BELOW, YOU CONFIRM THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION, AND YOU ARE AUTHORIZING ESRI TO ISSUE AN INVOICE FOR THE ITEMS INCLUDED IN THE ABOVE QUOTE IN THE AMOUNT OF $ PLUS SALES TAXES IF APPLICABLE. DO NOT USE THIS FORM IF YOUR ORGANIZATION WILL NOT HONOR AND PAY ESRI'S INVOICE WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. Please check one of the follotering: — I agree to pay any applicable sales tax. — I am tax exempt, please contact me if exempt information is not currently on file with Earl Signature of Authorized Representative Date Name (Please Print) Title The quotation information is proprietary ard! may not be copled at released other Man for Me express ituribose, of system selectom and purchassulicense. This information may not be given to ourside parties or used for any other purpose without consent frosm Environmental Systems Research Institute. Inc. (Esin. Any estimated sales Mellor use tax reflected on th[s quote has been caloAaded! as a Me date of this quotation and is merely promiled as a convenience fix your organization's budgetary Nritoses. Elf nuerves the right to adjust and collect sales anWor use tax at Me actual date of Invoicing, If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide Erin with a copy of a current tax exemption carlifficate suared by your state's taxing authority for the given jurisdiction. Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program. I For questions contact: AliFain Email: afainOesrixonn Phone: (305) 446-9786 x8742 I The items on this quotation are subject to the terms of this quotation and of your signed agreementwth Esri, if applicable. If no such agreement covers any item, then Esn's standard terms and conditions found at http://www.esd.wndlegaVsoftware-limnse apply to your purchase of that item. Federal government entities and government prime contractors authorized under FAR 51.1 may purchase under the terms of Esn's GSA Federal Supply Schedule. Acceptance of this quotation is limited to the terms of this quotation. State and local government entities in California or Maryland buying under the State Contract are also subject to the terms and conditions found at http:it�.esri.comAegal/supplemental4erms-and-condibons. Earl objects to and expressly rejects any different or additional terms contained in any purchase order, offer, or confirmation sent to or to be sent by buyer. All terms of this quotation will[ be incorporated into and become part of any additional agreement regarding Esri's offerings. ff sending remittance, please address to: Esfis File No. 54630, Los Angeles, Ca 90074-4630 FAINA This offer is limited to the terms and conditions incorporated and attached herein. P436 Gesr*i- ESRI QUOTATION TERMS AND CONDITIONS Ear, 38D New York St., Redlands, CA 92373-8100 USA - TEL 909-793-2853 - FAX 909-793-5953 All quotations are valid for ninety (90) days unless otherwise stated on the quotation form. These prices and terms are valid only for items purchased for use and delivery within the United States. This quotation information is proprietary and may not be copied or released other than for the express purpose of the current system selection and purchase. This information may not be given to outside parties or used for any other purpose without written consent from Environmental Systems Research Institute, Inc. (Esri). To expedite your order, please reference the quotation number on yourpurchase order ORDER PROCESS The order process is initiated when Esn receives an original purchase order or some form of advance payment. Several additional documents (e.g., Master License Agreement, credit application, Tax Exemption Certificate) may be required to complete the order process. Generally, the need for these documents varies by the type of software, data, web -enabled services, subscriptions, professional services, or other products ordered, which is determined upon receipt of the purchase order (or advance payment). If delivery must be expedited, please contact your marketing representative for assistance. IMPORTANT! Collectively, these documents contain the authorizations and information necessary to ship proper versions of the software or data on the correct media or to initiate web -enabled services, subscriptions, or professional services. Please return them promptly to avoid unnecessary delays in shipping or delivery. Please return all documents to Esri Customer Service, or as otherwise directed. Please show the following remittance address on your purchase order: Esri, File No. 54630, Los Angeles, CA 90074-4630 ESRI LICENSE AGREEMENTS All Esri software, data, web -enabled services, and subscriptions offered in this quotation are commercial off-the-shelf items developed at private expense and subject to Esn commercial license terms. You may have a signed license agreement on file that covers this order. If so, please reference the license agreement number on your purchase order. Unless a signed license is on file with Esri, Esri software, data, web -enabled services, and subscriptions are subject to the Esti License Agreement included with the deliverable item as an online or click -through agreement. A copy is enclosed. Certain software or data requires a Master License Agreement signed by both parties. Professional services agreements may also include license terms. Some Esri software is copy protected with a software keycode or hardware key, and some software, data, web -enabled services, or subscriptions require registration or a password. You will be given instructions to access the keycode, register, or obtain a password through the Esri website or by other means. MAINTENANCE After expiration of any complimentary period of maintenance that may apply to the licensed software, Esri will quote maintenance payable annually in advance. A reinstatement fee applies when maintenance has lapsed. DATA AND ONLINE SERVICES DISCLAIMER Data and Online Services may contain some nonconformities, defects, errors, or omissions. THE DATA AND ONLINE SERVICES ARE PROVIDED "AS -IS" WITHOUT WARRANTY OF ANY KIND. Without limiting the generality of the preceding sentence, Esri and its licensors do not warrant that the data and Online Services will meet Licensee's needs or expectations, that the use of the data or Online Services will be uninterrupted, or that all nonconformities can or will be corrected. Esri and its licensors are not inviting reliance on this data or Online Services, and Licensee should always verify actual data or Online Services. G272 Page I of 2 03/26/2015 P437 DELIVERY FOB Redlands, CA, USA Software: Allow five (5) days from Esri's receipt of purchase order, signed Software License Agreemcnt(s), and other documents, as required. Hardware: Manufacturer's terms apply. Lead times depend on make/models purchased Note: Standard delivery method is ground or two (2) -day air for software and surface carrier for hardware. Actual delivery method may vary depending on weight. Other services are available for an additional fee (e.g., overnight delivery). PAYMENT TERMS Net thirty (30) days, on approved credit. Orders less than eight hundred dollars ($800) require prepayment by check or credit card unless your organization is a government agency, university, college, or Fortune 500 company. TAXES This quote includes applicable sales or use taxes for the prices quoted as required by law. The tax amount may change depending on the time lapse between this quote and your order to us. Esri will include applicable sales or use taxes on your invoice unless you provide proof with your order that your organization or use of the product is tax exempt. G272 Page 2 of 2 03/26/2015 P438 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 7, 2017 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Recommended Selection of Consultants for RFQ 2017053 — Continuing Environmental and Biological Support Services for Engineering Projects BACKGROUND: On behalf of the Public Works Department and in accordance with FS 287.055, Requests for Qualifications (RFQs) were solicited for professional consulting services for continuing environmental and biological support services for engineering projects. The current agreements for these services are with G.K. Environmental, Inc., Kimley-Horn and Cardno, Inc., and have been in effect since October 8, 2013. RFQ RESULTS: Advertising Date: May 28, 2017 RFQ Opening Date: July 5, 2017 at 2:00 pm DemandStar Broadcast to: 516 Subscribers RFQ Documents Requested by: 94 Firms Replies: 8 Firms ANALYSIS: A selection committee comprised of Keith McCully, P.E., Stormwater Engineer, William Johnson, P.E., Roadway Production Engineer, Wendy Swindell, Conservation Lands Technician and Andy Sobczak, MPO Senior Planner independently evaluated and scored the received statements of qualifications in accordance with FS 287.055 and the County Purchasing Manual. These scores were compiled by the committee and an overall ranking of the submittals developed. The top six ranked firms were invited to participate in interviews. After the interviews, the committee members again independently ranked the firms and a committee ranking was compiled. The committee determined it to be most advantageous to the County to award continuing services contracts to the top four ranked firms. P439 The final ranking established by the committee is: Upon release of the committee's final ranking and recommendation for selection, a protest was filed by Florida Environmental Consulting, Inc. (FEC) stating all of the qualified small local firm respondents should have been recommended for selection. This protest was denied by the Purchasing Manager and FEC has been notified of its right to appeal at this meeting. Documents associated with the protest are attached. FUNDING: Funding sources for individual continuing environmental and biological support services will vary, based on the type of project and associated County department. Annual work for the three completed fiscal years under the current agreement has averaged $84,698. Invoices for fiscal year 16/17 to date invoices are $46,178. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking and authorize negotiations with the four top ranked firms (and the subsequently ranked firms, should negotiations with any higher ranked firms fail) in accordance with FS 287.055, Consultant's Competitive Negotiation Act. ATTACHMENTS: FEC Protest Letter, dated August 4, 2017 Decision Regarding Protest Letter, dated August 7, 2017 P440 Proposing Firm Location 1. Environmental Science Associates Delray B each 2. G.K. Environmental, Inc. Vero Beach 3. Kimley-Horn Vero Beach 4. Ecological Associates, Inc. Jensen Beach 5. Florida Environmental Consulting, Inc. Vero Beach 6. Bio -Tech Consulting, Inc. Orlando F7. Hobe Sound Environmental Consultants, Inc. HobeSound 18. Ardea Environmental Consultants Fort Pierce Upon release of the committee's final ranking and recommendation for selection, a protest was filed by Florida Environmental Consulting, Inc. (FEC) stating all of the qualified small local firm respondents should have been recommended for selection. This protest was denied by the Purchasing Manager and FEC has been notified of its right to appeal at this meeting. Documents associated with the protest are attached. FUNDING: Funding sources for individual continuing environmental and biological support services will vary, based on the type of project and associated County department. Annual work for the three completed fiscal years under the current agreement has averaged $84,698. Invoices for fiscal year 16/17 to date invoices are $46,178. RECOMMENDATION: Staff recommends the Board approve the committee's final ranking and authorize negotiations with the four top ranked firms (and the subsequently ranked firms, should negotiations with any higher ranked firms fail) in accordance with FS 287.055, Consultant's Competitive Negotiation Act. ATTACHMENTS: FEC Protest Letter, dated August 4, 2017 Decision Regarding Protest Letter, dated August 7, 2017 P440 Florida Environmental Consulting, Inc. August 4, 2017 Jennifer Hyde IRC Purchasing Manager 180027 1h Street Vero Beach, FL 32960 Subject: Continuing Environmental and Biological Support Services for Civil and Environmental Engineering Projects on an Annual Contractual Basis for Miscellaneous Projects in Indian River County, Florida, IRC -I 720, RFQ #: 2017053 Dear Ms. Hyde Please accept this letter as Florida Environmental Consulting's aggrieved protest of the final selections for the list of Continuing Environmental and Biological Support Services contractors requested in the subject RFQ. We would also like to take this opportunity to detail our appeal, to the Selection Committee and to the Board of County Commissioners. The recommendations in my humble opinion represent a potential oversight of the County in allowing representation by all of the qualified small local firm respondents. As such I also don't believe it aligns with the mission of the board. Specifically our protest appeal is based on a couple administrative points: 1. The list of selected contractors includes 3 large National or State level firms mostly without local offices at all, and only I local small company. 2. The public opportunities for small qualified firms with locally headquartered offices are by nature limited and then further limited but such prohibitive lists. In summary, we believe first, knowing there are County projects that can utilize our small local firms, the opportunity could be extended to 5 firms in the same way other County departments have selected each the qualified firms with locally headquartered offices. More -over we believe the currently recommended list with minimal local representation does not represent the mission of this Commission nor the community. Those grievances together are what we believe substantiate our protest, and as such we humbly suggest an alternate resolution. Thank you very much for your time and consideration. Sincerely, 5mothy E. Maslin, C.E.S., C.E.C. President 1835 20th Street - Vero Beach, Florida 32960 Phone: 772-299-4791 - Fax: 772-778-3617 - E-mail: flenv@fl-env.com P441 BOARD OF COUNTY COMMISSIONERS August 7, 2017 Mr. Timothy E. Maslin, C.E.S., C.E.C., President Florida Environmental Consulting, Inc. 183S 20' Street Vero Beach, FL 32960 timm@fl-env.com Reference: Decision Regarding Protest of Indian River County Requestfor Qualifications ("RFO") 2017053 Dear Mr. Maslin: We are in receipt of your letter of August 4, 2017 protesting the "final selections' made by the selection review committee. After review, the protest made by Florida Environmental Consulting ("FEC") is denied. Background Your protest asserts the committee's recommendations do not allow "representation byall of the qualified small local firm respondents" and that selection of five firms should be made. Your protest also stated "other County departments have selected each (of) the qualified firms with locally headquartered offices." Basis for Denial of Protest In regards to your complaint that every qualified small local firm responding to the RFQ should have been recommended for selection, no such criteria or requirement is established by Statute, County Code or within the RFQ. This is consistent with the County decision not to include local preferences in the procurement process. The alleged instances in which "other County departments have selected each (of) the qualified firms with locally headquartered offices," were not identified and therefore are not able to be substantiated. Regardless, each RFQ is evaluated individually, with the requirement for the committee to determine the firms most highly qualified to perform the services required under that specific RFQ. Prior to establishing its final ranking of firms at the conclusion of interviews, the committee determined that an award of four contracts would be in the best interest of the County. This number affords a sufficient pool of consultants, while limiting the required contract administration. Although your firm was not ranked in the top four, should negotiations with any of the four higher ranked firms fail, FEC would be the next consultant contacted to negotiate one of those four contracts. Additionally, lack of selection under this RFQ does not prohibit a firm from providing services to the County that do not meet the thresholds established in F.S. 287.055. Office of Management and Budget # Purchasing Division 1800 27� Street, Vero Beach, Florida 32960e(772) 226-1416*Fax: (772) 770-5140 E-mail: purchasingOircgov.com P442 Response to FEC Protest Conclusion Should FEC disagree with the denial of the protest and the bases described in this response, you may appeal this decision to the Board of County Commissioners at its August 15, 2017 meeting, when the Board will be asked to consider the recommended ranking of consultants under Office of Management and Budget Departmental Items. If you do intend to appeal, please notify me in writing, as required by the Protest Procedure set forth in the Purchasing Manual. As a reminder, the cone of silence remains in effect, and will remain in effect until the item is called at the August 15, 2017 commission meeting. Perthe cone of silence policy, you and your agents shall not communicate in any way with the Board of County Commissioners, County Administrator or any County staff other than Purchasing personnel until the Board meets to authorize award. Such communication may result in disqualification. Please feel free to contact meat 226-1575 or by email at jhyde@ircgov.com if you have any questions regarding the protest procedure. Sincerely, 9Je n n �if e tr�d Purchasing Manager cc: Ms. Christina Macon, Ecological Associates, Inc. Mr. Claus Hansen, Environmental Science Associates Mr. George Kulczycki, G.K. Environmental, Inc. Ms. Lynn Kiefer, Kimley-Horn Attachments: FEC Protest Letter, dated August 4, 2017 P443 Florida Environmental Consulting, Inc. August 4, 2017 Jennifer Hyde IRC Purchasing Manager 1800 27h Street Vero Beach, FL 32960 Subject: Continuing Environmental and Biological Support Services for Civil and Environmental Engineering Projects on an Annual Contractual Basis for Miscellaneous Projects in Indian River County, Florida, IRC- 1720, RFQ #: 2017053 Dear Ms. Hyde Please accept this letter as Florida Environmental Consulting's aggrieved protest of the final selections for the list of Continuing Environmental and Biological Support Services contractors requested in the subject RFQ. We would also like to take this opportunity to detail our appeal, to the Selection Committee and to the Board of County Commissioners. The recommendations in my humble opinion represent a potential oversight of the County in allowing representation by all of the qualified small local firm re . spondents. As such I also don't believe it aligns with the mission of the board. Specifically our protest appeal is based on a couple administrative points 1. The list of selected contractors includes 3 large National or State level firms mostly without local offices at all, and only I local small company. 2. The public opportunities for small qualified firms with locally headquartered offices are by nature limited and then further limited but such prohibitive lists. In summary, we believe first, knowing there are County projects that can utilize our small local firms, the opportunity could be extended to 5 firms in the same way other County departments have selected each the qualified firms with locally headquartered offices. More -over we believe the currently recommended list with minimal local representation does not represent the mission of this Commission nor the community. Those grievances together are what we believe substantiate our protest, and as such we humbly suggest an alternate resolution. Thank you very much for your time and consideration. Sincerely, 5imothy E �Maslin, C.E.S., C.E.C. President 1835 20th Street - Vero Beach, Florida 32960 Phone: 772-299-4791 - Fax: 772-778-3617 - E-mail: flenv@fl-env.com P444 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES '�Kk Date: August 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: Developer Agreement ForThe Installation Of the Offsite Water Main and Sewer Lines to Lost Tree Preserve The Lost Tree Preserve Plan Development (PD), will consist of 389 single-family units to be located at the southwest corner of the intersection of Old Dixie Hwy and 69h Street. The Phase I portion of the development intends on constructing 82 single family units. The PD is proposing to extend water and wastewater facilities to their property located at 4250 65� Street. The Developer of the PD, LOST TREE PRESERVE, L.L.C., is connecting to the county water and sewer system located along the east side of Old Dixie Highway at 69th Street. The county has requested extending the existing 12 -inch water main along Old Dixie Highway to complete a dead- end water main for redundancy, water quality and to serve approximately eighteen (18) existing parcels. In addition, it was requested to upsize the water main and force main to account for future growth along 69h Street and Old Dixie Hwy. As part of the construction, the Developer will be constructing approximately 4,440 linear feet of water main along Old Dixie Hwy heading north of the North County Charter School and heading west along 69th Street to the western limits of the entrance to Lost Tree Preserve Plan Development. Attachment I is a proposed Developer's Agreement with Lost Tree Preserve, LLC, for reimbursement of a portion of both the subject water main and force main. The Developer's Agreement is stipulated to reimburse the Developer for the county's share of the cost of the water main and force main upon their completion, acceptance by the county, and dedication to the county and a certain number of building permits issued. The reimbursement is detailed in Section I of the Developer's Agreement. ANALYSIS: The construction will comprise of approximately a 12 -inch diameter water main west along the east side of Old Dixie Highway north approximately 1,500 feet to the southeast corner of 691h Street and Old Dixie Hwy. Then it will run along the north side of 69 1h Street from the south east corner of 69'h Street and Old Dixie Highway, west to the western limits of the entrance to Lost Tree Preserve Plan Development, a distance of approximately 1,488 linear feet for a total of 2,988 linear feet. As shown on Exhibit B of the attached agreement, the estimated offsite watermain cost sharing between the Developer and the county is as follows: Developer's Share $214,899.35 County's Share $105,845.95 Total Project Cost $320,745.30 P445 The installation of the force main will benefit existing residents and future growth along 69 th Street. The 6 - inch diameter force main west along the south side of 69 Ih Street from the south west corner of 69 Ih Street and Old Dixie Highway to the west limits of the proposed turn lane into Lost Tree Preserve Plan Development, a distance of approximately 1,700 linear feet. As shown on Exhibit C of the attached agreement, the estimated offsite forcemain cost sharing between the Developer and the county is as follows: Developer's Share $ 90,290.18 County's Share $ 44,471.28 Total Project Cost $134,761.46 Construction of the water main and the force main capacity will allow the county to coordinate expansion of the utility's water distribution and sewage collection systems with development of the site, as well as provide service to future projects. As future projects connect to the mains, capacity fees will be collected, along with line extension fees. The costs were determined based on a hydraulicfare (67% Developer's share; 33% county's share) share of up-sizingthe infrastructure to serve future development. FUNDING: Funding for this proposal is derived from the Utilities Capital Fund. Capital fund revenues are generated from impact fees. Furthermore, new growth has created the need for the expansion or construction of the facilities, and that new growth will benefit from the expansion or construction of the facilities Description Account Number Amount Lost Tree Preserve —Water Line Extension 472-169000-17535 $105,845.95 Lost Tree Preserve —Sewer Line Extension 472-169000-17536 $ 44,471.28 Staff recommends approval of the Developer's Agreement with Lost Tree Preserve, L.L.C., and authorize the Chairman to execute the Developer's Agreement on their behalf. ATTACHMENT(s): Lost Tree Preserve Developers Agreement (11 Pages) C:\Users\GRANIC—I\AppData\Local\Temp\BCLTechnologies\easyPDF 7\@BCL@DC05BDOS\@BCL@DCOSBDOS.doc P446 AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND LOST TREE PRESERVE, LLC FOR LOST TREE PRESERVE, PD FOR THE CONSTRUCTION OF OFF-SITE UTILITIES THIS AGREEMENT by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1801 27th Street, Vero Beach, Florida 32960 (hereinafter the "COUNTY") and LOST TREE PRESERVE, L.L.C., a Florida Limited Liability Company, the address of which is 3399 PGA Blvd., Suite 260, Palm Beach Gardens, FL, 33410 (hereinafterthe DEVELOPER) is effective upon execution by the two parties. WHEREAS, the DEVELOPER, in conjunction with the construction improvements at LOST TREE PRESERVE, PD, is providing water and wastewater facilities tothe subject property located at 4250 651" STREET, and more specifically described in Exhibit "A"; and WHEREAS, pursuant to Section 918.05, the Code of Indian River County (the "Code"), the COUNTY, requiresthe DEVELOPERto providethe utility improvements to connecttothe regional water main and force main. The COUNTY, pursuant to Section 201.11, of the Code, agrees to reimburse the DEVELOPER, as provided herein, for the cost of oversizing off-site utilities, NOW, THEREFORE, for and in consideration of the mutual promises set forth herein and other good and valuable consideration, the COUNTY and DEVELOPER agree as follows: 1. OFF-SITE UTILITIES: The DEVELOPER shall construct the necessary off-site utilities described herein as directed by the Indian River County Utilities Department. The COUNTY shall reimburse the DEVELOPER for installing off-site utilities as outlined below: A. 12 -inch Diameter Water Main west along the east side of Old Dixie Highway north approximately 1,500 feet to the southeast corner of 69th Street and Old Dixie Hwy. Then along the south side of 69th Street from the south east corner of 69th Street and Old Dixie Highway west to the western limits of the entrance to Lost Tree Preserve Plan Development a distance of approximately 1,488 linear feet for a total of 2,988 linear feet. -Page I - �I�S - VIUTY CO�UMON �LM� TM P�� KWE I - UCPA 33�W'WPMS A�E�AG�&1&17� P447 Reimbursement: The COUNTY shall reimburse the DEVELOPER pursuant to the provisions of Section 201.11, of the Code, for funds advanced by DEVELOPER to oversize the off-site facilities. COUNTY shall reimburse DEVELOPER in accordance with Exhibit "B" for oversizing the off-site watermain. The actual reimbursement amounts shall be based on Exhibit B but in no event shall the County cost share exceed $105,845.95. The reimbursements shall follow the schedule outlined below: I., O.ff-s,it-e watermain identified as It.em. I,RC-1 in.Exhibit B to. be pa.id once complet.i.on of all necessary testing, acceptance of Florida Department of Environmental Protection (FDEP) Certification Of Completion, and acceptance of the watermain dedication to Indian River County Department of Utility Services (IRCDUS) per (IRCDUS) Water & Wastewater Utility Standards, December 2015 or latest edition. 2. Fifty percent (50%) of the remainder ($105,845.95 - $35,430.48) or $35,207.74 of the off-site watermain to be paid when a minimum forty (41) building permits have been issued and the remainder fifty percent (50%) or $35,207.73 to be paid when eighty (82) building permits have been issued within the Lost Tree Preserve Plan Development. B. 6 -Inch Diameter Force Main west along the south side of 69t' Street from the southwest corner of 69th Street and Old Dixie Highway to the west limits of the proposed turn lane into Lost Tree Preserve Plan Development. A distance of approximately 1,700 linear feet: The DEVELOPER shall furnish and install approximately 1,700 linear feet of 6" PVC and appurtenance along the south side of 69th Street from the southwest corner of 691 Street and Old Dixie Highway to the west limits of the turn lane into Lost Tree Preserve Plan Development. Reimbursement: COUNTY shall reimburse DEVELOPER in accordance with Exhibit "C for oversizing the off-site forcemain. The actual reimbursement amounts shall be based on Exhibit C but in no event shall the County cost share exceed $44,471.28. The reimbursements shall follow the schedule outlined below: 1. Fifty percent (50%) of the off-site forcemain to be paid when a minimum forty (41) building permits have been issued and the remainder fifty percent (50%) to be paid when eighty (82) building permits have been issued within the LostTree Preserve Plan Development. C. The COUNTY and DEVELOPER acknowledge that additions to this Agreement will be necessary when future phases are contemplated. The 12" off-site water main and the 6" force main on 691h Street will be extended to the western limits of Lost Tree Preserve Plan Development when future phases of the project are constructed. The COUNTY and DEVELOPER agree that the DEVELOPER will pay 67% of the construction costs of the water main that abuts DEVELOPER property (LostTree Preserve Plan Development) with the COUNTY -Page 2 - P448 responsible for the balance 33%. The 6" force main on 691h Street will be extended to the western limits of Lost Tree Preserve Plan Development. The COUNTY and DEVELOPER agree that the DEVELOPER will pay 67% of the construction costs of the force main that abuts its property with the COUNTY responsible for the balance. The 8 -inch water main on 6511 Street will be extended from Old Dixie Highway to the western limits of Lost Tree Preserve Plan Development. The COUNTY and DEVELOPER agree that the DEVELOPER will pay 67% of the construction costs of the water main that abuts DEVELOPER property (Lost Tree Orisiir�vePlaliDive[61ir�int) Wifh-th6 COUNTY nF9ip6n'-sibIb'forth6 balaftee. Tlidd6ll��iiffie of these future required improvements will be determined at the time the corresponding phase of Lost Tree Preserve Plan Development is proposed for construction. The payments and payment schedule under Item C will be consistent with items A and B above. 2. Amendment: This Agreement may be modified only by a written instrument executed by all parties to the Agreement. ,3. Assignability: Either party may assign this Agreement. However, the rights granted herein shall run with the land and are not the personal property of the DEVELOPER. Therefore, while the DEVELOPER has the right under this Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall not have the right to transfer these rights to another property unless this Agreement is amended in writing by the assignee and the COUNTY. 4. Authority: Each party hereto represents and warrants to the other that the execution of this Agreement and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terms. S. Captions: Captions, if included, in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or any of its provisions. 6. Construction Plans, Technical Specifications and Contract Documents: The DEVELOPER agrees to complete a final set of construction drawings and make submission for a Utilities Construction Permit (UCP) to the Indian River County Utilities Department, Florida Department of Environmental Protection (FDEP) and all other necessary permits. The DEVELOPER shall not commence construction until all permits are approved and obtained. 7. Definition All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of the party or parties may require. -Page 3 - P449 8. DEVELOPER'S Obligations: The design, preparation of contract documents, permitting, and construction of all water and wastewater utilities which is on or solely serving the Lost Tree Preserve Plan Development (including but not limited to water meter, transmission lines, pumps, valves, storage facilities, etc.) shall be the DEVELOPER's responsibility and expense until such time the completion of necessary testing, acceptance of Florida Department of Environmental Protection (FDEP) Certification Of Completion, acceptance of the watermain dedication to Indian River County Deobrtmd'ntof'UiiliiySe*rvlces(IRCE�LfS)Ofi�'(19CDUS)WaieF&W6siev�ai�FUtiii-t�St�'ffdirdi,' December 2015 or latest edition has been completed. Construction of on-site water and wastewater utilities shall be subject to COUNTY review and approval. The DEVELOPER shall be deemed in possession of the potable water on the DEVELOPER's side of the water meter, however the DEVELOPER shall not be deemed to own the water, and the transfer or sale of water by the DEVELOPER is prohibited. The DEVELOPER may not transfer or sell water or wastewater capacityto any party for use off- site of the property. 9. Easements: The DEVELOPER shall convey to the COUNTY a utility easement for the water and wastewater utilities for the COUNTY to install, maintain, operate and monitor the water and wastewater utilities, within the private right-of-way including, but not limited to, water lines, services, laterals, manholes, meters, lift station, sewer, remote monitoring and related utility structures. After the COUNTYS final inspection of the water and wastewater facilities for conformance with -the approved plans and specifications, the DEVELOPER shall convey all water and wastewater facilities together with an interest in land, as may be required by the COUNTY, to the COUNTY. (the final plat will only address the easements for the onsite portion of the work) The conveyance shall include any of the following documents as may be required by the COUNTY, in a form acceptable to the COUNTY: a) Bill of Sale b) Grants of Easements c) Maintenance Bond d) Record Drawings (hard copy, signed and sealed bya professional surveyor registered in the state of Florida, and electronic format — AutoCAD rel. 14.0 or higher) 10. Entire Agreement This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and there are no oral or written agreements between the parties, nor any representations made by either party relative to the subject matter hereof, which are not expressly set forth herein. -Page 4 - MIDMI�A �WDAI.A� k SE� P450 11. Governing Law & Jurisdiction: This Agreement shall be governed bythe laws of the State of Florida and the laws of the United States pertaining to transactions in such state, and all actions arising out of this Agreement shall be brought in Indian River County, Florida, or, in the event of federal jurisdiction, the United States District Court for the Southern District of Florida. All of the parties to this Agreement have participated freely in the negotiation and preparation hereof. Accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. 12. Insurance and Indemnification: The DEVELOPER shall ensure that, at least ten (10) days prior to the commencement of any work, the selected contractor and any subcontractor provides to the COUNTY a certificate of commercial general liability insurance with a reputable insurance company subject to approval by the COUNTY's risk manager in an amount not less than $3,000,000 combined single limit for bodily Injury and property damage in accordance with the COUNTY'S Administrative Policy Manual. The DEVELOPER shall ensure that, at least ten (10) business days prior to the commencement of any work the selected contractor and any subcontractor provides to the COUNTY a certificate of business auto liability insurance with a reputable insurance company subject to approval by the COUNTYS risk manager in an amount not less than $3,000,000 per occurrence combined single limitfor bodily injuryand property damage in accordance with the COUNTY'S Administrative Policy Manual. The commercial general liability and auto liability insurance policies shall name Indlan River County, a political subdivision of the State of Florida, as an additional insured. In addition, the DEVELOPER shall ensure that, at least ten (10) business days prior to the commencement of any work the selected contractor and any subcontractor provides to the COUNTY a certificate of statutory workers' compensation insurance and employers' liability with a limit of $100,000for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee) in accordance with the COUNTYS Administrative Policy Manual. The DEVELOPER shall provide to the COUNTYat least thirty (30) days'written notice by registered mail, return receipt requested, addressed to the COUNTY'S risk manager, prior to cancellation or modification of any required insurance. The DEVELOPER hereby releases and holds harmless the COUNTY, and the COUNTY'S officers, employees and agents, from and against any and all claims for damages, costs, third party claims, judgments, and expense to persons or property that may arise out of, or be occasioned by, any work contemplated by this agreement, or from any act or omission of any representative, agent, client, and/oremployee of DEVELOPER, and DEVELOPER shall indemnify the COUNTY against any such claims and any judgments that may be entered in connection therewith, including attorney fees. DEVELOPER shall indemnify the COUNTY against any claim for damage that any utility, whether publicly or privately owned, may sustain or receive in connection with any work contemplated by this agreement. DEVELOPER shall not make any claim of any kind or character whatsoever against the COUNTY for damages that it may suffer by reason of the installation, construction, reconstruction, operation, and/or maintenance of any public improvement, or utility, whether presently in place or which may in the future be constructed or installed, including but not limited to, any water and/or sanitary sewer mains and/or storm sewer facilities, and whether such damage is due to flooding, infiltration, -Page 5 - P451 backflow, and/or seepage caused from the failure of any installation, natural causesi or from any other cause of whatsoever kind or nature. It is the intention of this indemnification agreement on the part of DEVELOPER, and a condition of this agreement, that It shall be full and total indemnity against any kind or character of claim whatsoever that may be asserted against the COUNTY. DEVELOPER hereby agrees to defend any and all suits, claims, and causes of action brought against the COUNTY arising out of or in connection with any work contemplated by this agreement, and DEVELOPER agrees to pay any judgment or judgments, indlUdihgattdCnWfdeg,'th*atrffaybetd'hdefe'd�g6ih�t-the'COUNTYbfAgAinttthdCOUNTYS" officers, employees or agents in connection therewith. 13. Maintenance Security: TheDEVELOPER agrees to convey all right, title and interest in the aforementioned utility improvements to Indian River County, Florida, and provide security as set forth herein, subject to the COUNTY'S approval, for a period of one (1) year after the COUNTY'S acceptance of the improvements, plus an additional three (3) months, for an aggregate of fifteen (15) months. The maintenance security may only be in one of the following forms: (a) cash, whereupon the COUNTY and the Developer shall enter into the COUNTY'S standard Cash Escrow Deposit Agreement; or (b) Letter of Credit, in the County's standard form, drawn and payable by a financial institution located within Florida. The value of the maintenance security shall be twenty-five percent (25%) of the total construction value of the utility improvements as certified by the Developer's licensed engineer and approved in writing by the County. 14. Multiple Counterparts: This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) Agreement; but in making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart executed by the party to be charged. 15. Permits: The DEVELOPER shall be responsible for obtaining all construction and operating permits required for the construction, delivery, use and monitoring of the water distributed to and wastewater collected from the DEVELOPER property (Lost Tree Preserve Plan Development). If, through no fault of the parties involved, any federal, state or local government or agency (excluding the COUNTY) fails to issue necessary permits, or fails to grant necessary approvals, or requires a material change in the system, then to the extent necessary and if possible, the parties agree to negotiate an amendment to the Agreement to reflect the change in condition. If the COUNTY determines that it is impossible or impracticable to perform underthe terms of this Agreement because of the above, then this Agreement shall terminate and the parties shall have no further obligations to each other. The DEVELOPER shall comply with reasonable request by the COUNTY concerning on-site operations and maintenance prior to County acceptance including but not limited to all FDEP regulations relating to bacteriological and hydrostatic testing, cross connection control, monitoring, color -coding of water and wastewater equipment. -Page 6 - P452 16. Recording of Agreement: This Agreement may be recorded in the official records of Indian River County bythe COUNTY. If recorded, the obligations defined in this Agreement shall run with the land and shall bind subsequent owners of the propertyforthe term of this Agreement. The DEVELOPER shall pay for all recording costs. 17. SeVifiraibilitV / IfiVillid PtbVi9ibJrF'- * ' — 1. - .. . I I .. . — - . I . . I ... If any provision of the Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable; this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had nevercomprised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, invalid, or unenforceable provision or by its severance from this Agreement. 18. Term: The term of this Agreement is five (5) years. Unless otherwise' agreed to by the parties in writing, this Agreement shall not be renewed automatically for successive terms. Notwithstanding the foregoing, this Agreement shall be coterminous with FIDEP.Permilt for construction and with the County's Utility Construction Permit, whichever provides a shorter time period, but shall be not more than five (5) years from the date of issuance. The County mayterminate this Agreement early in its sole discretion if it determines thatthe development project intended to be served by the improvements is suspended or discontinued. 19. rime of Essence: Time is of the essence of this Agreement; however, if the final date of any period which is set out in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the State of Florida, then, in such event, the time of such period shall be extended to the next business day which is not a Saturday, Sunday or legal holiday. -Page 7 - P453 IN WITNESS WHEREOF, the COUNTY and the DEVELOPER have accepted, made, and executed this Agreement as follows: Witness Signature 1A.5A -d WitnedWinted Name Witness Signature swQkslo?, dfzCUWW Witness Printed Name STATE OF FLORIDA COUNTY OF INDIAN RIVER DEVELOPER: Lost ee Pr erve, LL By: Printed name: Charles Bayer, Jr, oPresident Lost Tree Village Corporation It's Managing Member Date: 7 / I 2_'0 1 in tru ent was a knowledged before me this _L' _day of JU If , 2017, by T ZSO � �s L� of Lost Tree Preserve, L.L.C., who isp!Lsona�ly known to me or who has produced -as identification. Sivatt'r-rt Commission # Expiration Date Attest: Jeffery R. Smith, Clerk of the Circuit Court Deputy Clerk Approved as to Form and Legal Sufficiency CountyAttorney SWrLANAVELICKOVCH My COMMISSIONII FF 961418 EXPIRFS'. JUM 13,2021) 8�d,dlhni NCIVY PubliC Und"o BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman BCCApproved: Approved by: Jason E. Brown, County Administrator -Page 8 - P454 EXHIBIT -A LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTIONS 9 AND 10, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 9; THENCE SOUTH 0 DEGREES 22 MINLffES 02 s—E(fojqbs WEST, -WN-G Tili­kX�gTlA&E (Yv 9Ajfb'S-9CflOff; A bfgTA�4CE dip 30.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; THENCE CONTINUE SOUTH 0 DEGREES 22 MINUTES 02 SECONDS WEST, ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 302.75 FEET; THENCE SOUTH 89 DEGREES 22 MINUTES 06 SECONDS EAST, A DISTANCE OF 399.45 FEET TO THE WEST LINE OF THE FAST 7 ACRES OF THE NORTH HALF OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE NORTH 0 DEGREES 13 MINUTES 50 SECONDS EAST, ALONG SAID WEST LINE, A DISTANCE OF 312.77 FEET TO A POINT ON A LINE WHICH IS 20.00 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 10 AND ALSO A POINT ON THE SOUTH RIGHT OF WAY LINE OF NORTH WINTER BEACH ROAD; THENCE SOUTH 89 DEGREES 22 MINUTES 09 SECONDS EAST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 1593.18 FEET TO THE WEST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD; THENCE SOUTH 15 DEGREES 23 MINUTES 17 SECONDS EAST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 1314.14 FEET; THENCE NORTH 89 DEGREES 21 MINUTES 55 SECONDS WEST, A DISTANCE OF 60.00 FEET; THENCE SOUTH 15 DEGREES 23 MINUTES 17 SECONDS EAST, A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTH 89 DEGREES 21 MINUTES 55 SECONDS EAST, ALONG SAID LINE, A DISTANCE OF 60.00 FEET TO A POINT ON THE AFOREMENTIONED WEST RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD; THENCE SOUTH 15 DEGREES 23 MINUTES 17 SECONDS FAST, ALONG SAID WEST LINE, A DISTANCE OF 1023.07 FEET TO A POINT ON THE FAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTH 0 DEGREES 05 MINUTES 47 SECONDS WEST, ALONG SAID EAST LINE, A DISTANCE OF 312.88 FEET TO A POINT ON A LINE WHICH IS 35.00 FEET NORTH OF THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10 AND ALSO A POINT ON THE NORTH RIGHT OF WAY LINE OF SOUTH WINTER BEACH ROAD AS SHOWN ON PLAT BOOK 11, PAGE 23, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; THENCE NORTH 89 DEGREES 21 MINUTES 30 SECONDS WEST, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 1320.33 FEET; THENCE NORTH 88 DEGREES 42 MINUTES 50 SECONDS WEST, STILL ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 1320.60 FEET TO A POINT ON THE WEST LINE OF SAID SECTION 10 AND A POINT ON SAID NORTH RIGHT OF WAY LINE OF NORTH WINTER BEACH ROAD, SAID POINT BEING 50.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTH 89 DEGREES 32 MINUTES 04 SECONDS WEST, ALONG A LINE WHICH IS 50.00 FEET NORTH OF, AS MEASURED AT RIGHT ANGLES TO, THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9 AND ALONG SAID NORTH RIGHT OF WAY LINE OF NORTH WINTER BEACH ROAD, A DISTANCE OF 1311.28 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF INDIAN RIVER FARMS WATER CONTROL DISTRICT LATERAL "G" CANAL; THENCE NORTH 14 DEGREES 58 MINUTES 22 SECONDS WEST, ALONG SAID RIGHT OF WAY LINE, A DISTANCE OF 180.40 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE NORTH 0 DEGREES 32 MINUTES 06 SECONDS FAST, ALONG SAID WEST LINE, A DISTANCE OF 2413.34 FEET TO A POINT ON A LINE WHICH IS 20.00 FEET SOUTH OF THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9 AND A POINT ON THE AFOREMENTIONED SOUTH RIGHT OF WAY LINE OF NORTH WINTER 13EACH ROAD; THENCE NORTH 89 DEGREES 21 MINUTES 31 SECONDS EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 1352.04 FEET TO THE POINT OF BEGINNING. -Page 9 - P455 EXHIBIT 11B11 OFFSITE WATER MAIN ITEM DESCRIPTION CITY UNIT PRICE TOTAL OW1 PVC 12" 2,988 LF $ 33.84 $ 101,113.92 OW2 BORE UNDER RR ($285/LF with 24" Casing) 1 LS $ 81,371.57 $ 81,371.57 OW3 12" GV 5 EA $ -2,159.09 $- 10,795.45 OW4 8" GV 2 EA $ 1,313.10 $ 2,626.20 OW5 112" X 8" TEE 1 EA $ 783.93 $ 783.93 OW6 12" - 45 6 EA $ 634.83 $ 3,808.98 OW8 12" - 90 2 EA $ 763.95 $ 1,527.90 OW9 12" PLUG 2 EA $ 250.00 $ 500.00 OW10 12" X 12" TEE I EA $ 950.00 $ 950.00 OW10 FIRE HYDRANTS 4 EA $ 4,195.34 $ 16,781.36 OW11 SAMLE POINTS (TEMP) 5 EA $ 748.39 $ 3,741.95 OW12 TEMP JUMPER 1 EA $ 1,565.55 $ 1,565.55 OW13 SOD 8,000 SF $ 0.51 $ 4,080.00 OW14 DRIVEWAY RESTORATION 1 LS $ 25,000.00 $ 25,000.00 OWIS MOT 1 LS $ 7,400.00 $ 7,400.001 SUBTOTAL: $ 262,046.81 CONTINGENCY 10% $ 26,204.68 ,Construction SURVEYING 2% $ 5,240.94 DESIGN 5% $ 13,102.34 PERMITTING 4% $ 1,048.19 INSPECTION SERVICES 3% $ 7,861.40 ADMINISTRATION 2% $ 5,240.94 SUBTOTAL: $ 58,698.49 TOTAL $ 320,745.30 INDIAN RIVER COUTY-33% of Total = 33%1 1 $ 105,845.95 Indian River County Department of Utility Services Total $ 105,845.95 LOST TREE PRESERVE- 67% of Total 1 67%1 1 $ 214,899.35 id'Di ie.."vv.;]RCDUSbD,irc I "A ilffiliLiftb IR _y '3.84: 047 - . . .... LF nc P456 EXHIBIT licil OFFSITE FORCE MAIN ITEM DESCRIPTION CITY UNITI PRICE TOTAL Orl 6" PVC FORCE MAIN 1,700 LF $ 18.40 $ 31,280.00 OF2 6" GV 3 EA $ 851.27 $ 2,553.81 OF3 6" X 6"TEE 1 EA $ 7,5.0.00 $ 750.00 OF4 6" - 90 2 EA $ 447.53 $ 895.06 OF5 BORE UNDER RR 1 LS $ 52,195.32 $ 52,195.32 OF6 12" X 6" WET TAP & VALVE 1 LS $ 3,699.11 $ 3,699.11 OF7 BELOW GROUND AIR RELEASE VALVE 1 LS $ 12,000.00 $ 12,000.00 OF8 6"-45 8 EA $ 447.53 $ 3,580.24 SUBTOTAL: $ 106,953.54 CONTINGENCY 10% $ 20,695.35 Construction SURVEYING 2% $ 2,139.07 DESIGN 5% $ 5,347.68 PERMITTING 4% $ 4,278.14 INSPECTION SERVICES 3% $ 3,208.61 1ADMINISTRATION 2% $ 2,139.07 SUBTOTAL: $ 27,807.92 TOTAL $ 134,761.46 INDIAN RIVER COUNTY 33% $ 44,47.1.28_ LOST TREE PRESERVE, LLC 67% $ 90,290.18 j P457 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator �L_L THROUGH: Richard B. Szpyrka P.E., Public Works Director0) FROM: James W. Ennis P.E., County Engineer 0 SUBJECT: Round Island Riverside Park Pavement Resurfacing Release of Retainage and Change Order No. 1 DATE: August 3, 2017 DESCRIPTION AND CONDITIONS On February 21, 2017, the Indian River County Board of County Commissioners awarded Bid No. 2017017 to Community Asphalt Corporation in the amount of $233,SO4.70 for the repair of potholes and asphalt overlay of the existing ingress/egress road, parking areas, and boat ramp approaches for the Round Island Riverside park facilities in addition to some drainage maintenance and ADAcompliance modifications to the sidewalk leading to the restroom facilities. These improvements will provide for improved access and use at this park facility. This project was funded by a grant from the Florida Inland Navigation District Waterways Assistance Program for improvements to Round Island Riverside Park and the Archie Smith Fish House Phase I Restoration Projects. As part of the grant requirements there was a $241,600 cost -share match requirement. The resurfacing of Round Island Riverside Park from the Secondary Roads Fund (Fund 109) was identified as the source for the matching requirement. Change Order No. 1 is to make final adjustments to contract bid items for a decrease to the total contract price by $5,767.20 for a final cost of $227,737.50. Community Asphalt Corporation has completed the project and has been paid $216,350.62 with $11,386.88 held in retainage. Community Asphalt Corporation has stibmitted Application for Payment No. 2 for release of retainage in the amount of $11,386.88. Once final release of liens from all subcontractors have been received, reviewed and approved, payment willbe processed. FUNDING Funding is budgeted and available from Secondary Roads/Round Island Riverside Improvements Retainage — Account No. 109-206000-16015 in the amount of $11,386.88. Staff recommends approval of Change Order No. I and payment of Application for Payment No. 2 to Community Asphalt Corporation in the amount of $11,386.88 for release of retainage. F:\Public Wotkg\ENGINEERING DIVISION PROJEC"TSX1619 Round Island Facility Paving\I-Admin\agenda iternsTinal Change Order\IRC- 1619—Agenda Memo Release of Retainage Change Order No. Ldoc P458 Page 2 Release of Retainage and Change Order No. 1 Round Island Riverside Park Pavement Resurfacing For August 15, 2017 1. Contractors Application for Payment No. 2 2. Change Order No. I 1. Community Asphalt Corporation 2. Parks Department 3. Road& Bridge APPROVED AGENDA ITEM FOR AUGUST IS, 2017 FAPublic WorksTINGINEERING DIVISION PROJECrS\1619 Round Island Facility Paving\l-Adrnin\agenda iternsTinal Change OrdeAIRC- 1619_Agenda Memo Release of Retainage Change Order No. I-doc P459 SECTION 00622 - Contractor's Application for Payment ROUND ISLAND RIVERSIDE PARK PAVEMENT RESURFACING Application for Payment No. 2. For Work Accomolished throunh the period of through To: Indian River County OWNER) From: COMMUNITY ASPHALT CORPORATION (CONTRACTOR) Bid No.: 2017017 Project No.: 1619 1) Attach detailed schedule and copies of all paid invoices. 1 . Original Contract Price: $233,504.70 2. Net change by Change Orders and Written Amendments (+ or $000 3. Current Contract Price (I plus 2): $227,737.50 4. Total completed and stored to date: $227,737.50 5. Retainage (per Agreement): -% of completed Work: % of retainage: $ Total Retainage: 6. Total completed and stored to date less retainage (4 minus 5): $227,737.50 7. Less previous Application for Payments: $216,350.62 8. DUE THIS APPLICATION (6 MINUS 7): $11,386.88 UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been Used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 00622 - Contractors Application for Payment No. 2 00622-1 F.MhbficW�51ENGINEERING DrVISION PROJECTS11619 Round lsla� Fadifty PavinMl�rnfirAagerxia ftern�lnal Change OrdeADW� - Contractors Appftadw for Prqrrnent No. 2.doc Rft. Carol P460 Page 2 of 5 2. Updated Construction Schedule per SperaicationSect4n 01310, and Dated 4al-1:11-1 By: 0 <=Pfl " PHALT CORP, (CO R - must be signed by an Officer of a Corporation) Manuel Aguiar, Vice President Print Name and Title STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Manuel Aguiar who being by me first duly sworn upon oath, says that he/she is the of the CONTRACTOR mentioned above and that he/she has been duly authorized to act on behalf of it, and that he/she executed the above Contractors Application for Payment and Contractor's Certification statement on behalf of said CONTRACTOR; and that all of the stateMeris contalqed herein are true, correct, and complete. Subscribed and sworn to before me this 1111rday of_f5&%)0W-- 20ja. Is personally kaown to m or has produced as7 I enti - - - - - - - - - - - - lVnTAQ IC: (SEA ANDREA THELLES 1Y PUBL led name: Andrea Trelles Wary Public - Stains ol Florl Commission 0 FF 999142 Commission No.: FF 999142 My Comm. Expires Aug 4. 2020 llondid trisough Nsional Wary Asso Commission Expiration: 8/4/2020 -. 04.Z. -."v 1 Please remit payment to: Contractor's Name: -COMMUNITY ASPHALT CORP. Address: 9675 NW I I 7th Ave. Suite 108 Miami, FL 33178 [The remainder of this page was left blank intentionally] F.WLrokVVWkMffGWMlNG DWISION MOJFCTMI619 rs� 00622-2 W622 - C0n11macW8 Application for Pay,,nj No. 2 ift2.6mPwani W� F10MY Pfi-*1440-Wom�i�Frto ChW,&dW11QW - CWV"W, AMkOW FW p� P461 Page 3 of 5 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, , a corporation, In accordance with Public Construction Bond Number 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 SURE : Attest: Secretary Corporate Surety Business Address BY: Print Name: Title: STATE OF FLORIDA COUNTY OF INDIAN RIVER (Affix Corporate SEAL) Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared , to me well known or who produced as identification, who being by me first duly sworn upon oath, says that he/she is the for and that he/she has been authorized by _it to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Subscribed and sworn to before me this _ day of 20L_. Notary Public, State of My Commission Expires: [The remainder of this page was left blank intentionally] ODS22 - 3 00022 - C0ntMd&5 APPftatlon for Paymont No. 2 F1PAftVV0ftEKrbV1EEMNG DIMION PROJEMIM Row WVWFWtYP"r*�nUo�a�%�Ch�OrderAM.CvnVMoftAo��Pp� ft 1� �, OS -01 P462 Page 4 of 5 CERTIFICATION OF ENGINEER: I certify that I have reviewed the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it appears to be a reasonably accurate statement of the work performed and/or material supplied by the Contractor. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated T�RE CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractors Schedule of Amounts for Contract Payments and the notes and reports of my inspections of the project. To the best of my knowledge, this statement of work performed and/or materials supplied appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialme7and suppliers because I am not in a position to accurately determine that' Dated ad=Lwit SIGINIATURI� [The Remainder of This Page Was Left Blank Intentionally] Page 5 of 5 00822-4 00822 - ContwAors ApplIcation fm Payment No. 2 FIkaftW�t.EMGDdMMO DIMIONPROJECTS1019 R� � fad* ftwV1,A*nM@gVW@ �R-A O�POMWMM - C�� App�b. fm Pftmpn M a OWRO, 05*1 P463 AnACHMENT A 1. List of all subcontractors, laborers, materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary): 2. List of all subcontractors, laborers, materialmen and suppliers for which a signed release of lien form (partial or final as applicable) Is not Included with this Pay Request, together with an explanation as to why the release of lien form Is not Included (attach additional pages as necessary): 00522-5 00522 - COnVOctWs APPkation for Payment No. 2 F.� W�ENGWEERMG DrVISON PROJECM1619 R� W� F"W, Ps*nol��qmft e��v Ch� OrdwMOU. C� APW� W P.,� NM 2 � Fte,. ORM P464 Ei SECTION 00942 - Change Order Form No. I DATE OF ISSUANCE: 8/15/2017 EFFECTIVE DATE:8/15/2017 OWNER: Project: ROUND ISLAND RIVERSIDE PARK PAVEMENT RESURFACING OWNER's Project No. 1610 OWNERS Bid No. 201170117 YOM ar—edirec-ted to make the folloWng changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items in order to finalize the contract amount and release retainage to the Contractor. Attachments: (List documents supporting change) Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amou;t- Original Contract Price $233,504.7 Net increase (decrease) of this Change Order: g Contract Price vAth all approved Change Orders: $227,737.5 ACCEkTED: lle-N By: cl�?A — CONTPACTUI (Signature) Manuel Agular, VP Date: 8/3/17 CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Substantial Completion: g Final Completion: L5 Net Increase (decrease) this Change Order: (days) Substantial Completion: Q Final Completion: _Q Contract Time vWth all approved Change Orders: (days) Substantial Completion: L5 Final Completion: 75 W. C."" I By: 00942 - Change Order No. 1 00942-1 F.W��kMENOWEERNGDMMNPMECTMI619�l�F4Kityft*oi�Alo�it�MMCh&WOM&nODM.Ch��ft I�Rbv Mn 0 P466 2 4 V m z 0 77 a m (D 0 La M -4 0 z 0 In m M N m V 0 z G) m (A P467 In 0 0 'D ca 0 z ro 22 < m m m 0 m 0 0 Z 0 z 0 ;a m m 03 c m ;a GA:2�ww c 0 z 0 ;o m (n m ;D m o ;o c M c m rri ;D m o 0 z 0 m 0 > rn G) M c m 0 0 m 0 0 0 z 0 m m > C) C) M 0 z > 1, kM m z z G) z 13 to 0 cn 0 I-< w K 0 I I IN W COI* a) 4 40 0 V m z 0 77 a m (D 0 La M -4 0 z 0 In m M N m V 0 z G) m (A P467 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: . July 27, 2017 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: Jason E. Brown, County Administrator Mike Smykowski, Budget Director FROM: Jennifer Hyde, Purchasing Manager CONSENT AGENDA Ymm SUBJECT: Award of Bids for Annual Telecommunication Systems Equipment, Material, Supplies, Maintenance, and Installation (Bid 2017057) BACKGROUND: On May 16, 2017, the Board rejected all bids received for as needed telecommunication system equipment, maintenance and installation, due to limited competition for the most needed items and services. The Board also authorized staff to modify the scope and rebid. BID RESULTS: Advertising Date: May 24, 2017 Bid Opening Date: June 27, 2017 Demandstar Broadcast to: 478 Subscribers Specifications/Plans Downloaded by: 45 Vendors Replies: 5 Vendors A minimum of three firms bid on each of the four project groups. Within each group, bids were ranked from lowest price to highest price, and costs evaluated against typical needs. Firm —Location Group 1 Group 2 Group 3 Group 4 Danella, Inc. Melbourne 3 1 3 NB DraftPros, LLC dba DraftPros, Inc. Miami Gardens 1 4 1 3 Gerelcom, Inc. Port St. Lucie 2 3 2 2 Precision Contracting Services, Inc. Jupiter 4 2 4 4 Universal Cabling Systems, Inc. West Palm Beach NB NB NB 1 ANALYSIS: Items in Groups I and 3 are the most commonly needed, and include many of the materials and services often required on an urgent or emergency basis. To enable efficient response in cases where one vendor may not be able to respond, staff proposes to award those groups to two firms. P468 CONSENT AGENDA The proposed term of award is through September 30, 2018, with two one-year extensions available upon Board approval. SOURCE OF FUNDS: Funding for work under this award will come from multiple sources, based on project and associated County department. Expenditures for this work over the past 12 months were $171,734. RECOMMENDATION: Staff recommends the Board award the bid as follows: Group 1 to DraftPros, LLC, dba DraftPros, Inc. and Gerelcom, Inc.; Group 2 to Danella, Inc., Group 3 to DraftPros, LLC, dba DraftPros, Inc. and Gerelcom, Inc.; and, Group 4 to Universal Cabling Systems, Inc. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute it after approval by the County Attorney as to form and legal sufficiency. Finally, staff recommends the Board authorize the Purchasing Division to issue Purchase Orders for work as needed under this award and authorized within the sample agreement. ATTACHMENT: Sample Agreement P469 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: As needed Telecommunication Systems Equipment, Material, Supplies, Maintenance, and Installation ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Bid Number: Project Address: ARTICLE 3 — CONTRACT TIMES The initial term of this award is from renewals available. Telecommunication Systems Maintenance, and Installation 2017057 Throughout Indian River County Equipment, Material, Supplies, through September 30, 2018, with two one-year ARTICLE 4 — CONTRACT PRICE Work shall be completed at the prices provided in the Contractors bid, and as modified by amendment to this agreement. ARTICLE 5 — METHOD OF PAYMENT 5.01 Owner shall make only one payment for the entire amount of each work order when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. P470 ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work orwhich relateto any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, ordata are necessary forthe performance of the Work atthe Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. 1. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: P471 (1) This Agreement (pages 1 to . inclusive); (2) Notice to Proceed or Purchase Order (3) Public Construction Bond(s) (as required by Owner for projects exceeding $100,000); (4) Certificate of Liability Insurance (5) Invitation to Bid 2017057 (6) Addenda (numbers _to inclusive); (7) CONTRACTOR'S Bid Form (pages _ to . inclusive); (8) Bidders Questionnaire (pages _ to . inclusive); (9) Drug Free Workplace Form (pages _to , inclusive) (10)Affidavit of Compliance (page_); (11) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages_ to. inclusive); (12) Certification Regarding Lobbying (13) Non -Disclosure Statement (14) The followingwhich may be delivered or issued on orafterthe Effective Date of theAgreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) ChangeOrder(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneysthat may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless 3 P472 specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon 4 P473 request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACTTHE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 PublicrecordsPircgov.com Indian River County Office of the County Attorney 180127 1h Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 — FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to any work under this agreement that is eligible for federal funding: A. Equal Employment Opportunity: During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: 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. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and P474 the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) Inthe eventofthe contractor's noncompliance with the nondiscrimination clausesof thiscontract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 196S, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Compliance with the Contract Work Hours and Safety Standards Act: (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 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 Owner 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 federal ly-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 P475 by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. C. Clean Air Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean AirAct, as amended,42 U.S.C. § 7401etseq. (2) The contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the Recipient.(if applicable), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. D. Federal Water Pollution Control Act: (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the Recipient (if applicable), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FEMA. E. Energy Policy and Conservation Act —The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. F. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it entersinto. (3) This certification is a material representation of fact relied upon by Indian River County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Recipient and Indian River County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. G. Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352 (as amended)—Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for 7 P476 influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. H. Procurement of Recycled/Recovered Materials: (1) in the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines we b site, http://www.epa.goy/cpg/. The list of EPA -designate items is available at httP://www.epa.gov/cpg/products.htm Access to Records The following access to records requirements apply to this contract: (1) The contractor agrees to provide Owner, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. J. DHS Seal, Logo, and Flags: If any work under this agreement is federally -funded, the contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. K. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance may be used to fund work under this contract. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. L. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. M. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract that may be federally -funded. P. AFFIRMATIVE STEPS: CONTRACTOR shall take the following affirmative steps to ensure minority business, women's business enterprises and labor surplus area firms are used when possible: lP477 (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists. (2) Ensuring that small and minority businesses, and women's business enterprises are solicited wheneverthey are potential sources. (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises. (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises. (5) Using the services and assistance of the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) � if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals forand letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in P478 connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. 10 P479 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on ' 20 — (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY Joseph E. Flescher, Chairman Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: — Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Manny Cabo Title: Telecommunications Manager Address: 180127"' Street, Vero Beach, FL 32960 Phone: 772-226-1318 Email: mcabo@ircgov.com 11 By: (Contractor) (CORPORATE SEAL) Attest Address forgiving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email:. (if CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) P480 V.1VW DEPARTMENTAL MATTERS INDIAN RIVER COUNTY MEMORANDUM To: Jason Brown County Administrator From: Suzanne Boyll Human Resources Director Date: August 8, 2017 Subject: Benefits Consultant/Broker/Actuary Services —Approval of Consulting Services and Business Associate Agreements with Lockton Companies effective October 1, 2017 Background Indian River County solicited proposals for healthcare benefits consulting/broker/actuary services on February 22, 2017. The review committee prepared a final ranking of proposing firms, and on July 11, 2017, the Board of County Commissioners authorized staff to negotiate with the top ranked firm, Lockton Companies. The negotiations have been completed and the parties have agreed upon a fixed fee net of commissions of $89,500 per year to be paid quarterly. Funding Compensation will be paid from the Health Insurance Fund. Recommendations: Staff recommends and respectfully requests the Board of County Commissioners approve the Consulting Services and Business Associate Agreements with Lockton Companies effective October 1, 2017, and authorize the chair to sign once the agreements have been reviewed and approved by the County Attorney. P481 BUSINESS ASSOCIATE AGREEMENT THIS BUSINESS ASSOCIATE AGREEMENT (the "Agreement") is made and effective this I st day of October, 2017 (the "Effective Date"), by and between the Florida/Southeast Series of Lockton Companies, LLC ("Lockton"), Indian River County ("Client") and the group health plan(s) maintained by Client ("Plan"). WHEREAS, Plan' has engaged Lockton to provide certain health and welfare insurance brokerage and/or consulting services that may include, as applicable, Pharmacy Analytic Services, InfoLockO Services and other consulting services as mutually agreed to by the parties (collectively, "Services"), which may or will necessitatfMAItclosure of Protected Health r Information as defined per 45 CYR 160.103 ("PHI") to JL,�dqqcq n; and WHEREAS, the parties to this Agreement art WrinnittRE1% compliance with the Privacy, Security, Breach Notification, Standard Transad ns and Enwe ent Rules of the Health '-1W �MO Insurance Portability and Accountability Act odUR �"HIPAA and I m lementing regulations rre ftftd at 45 C.F.R. Parts 160 to 164 ("HIPAA Re�gi5 'I'tions") and any cu n d future regulations promulgated under HIPAA or the Health Info VNIZ, rmition Tecbfto logy for Econ, mic and Clinical Health Act as incorporated in the merican Re.9% einvestment' I t of 2009 (the "HITECH Act"); WHEREAS, Client is autho is aggr �,M�nt on behalf of Plan; NOW, THER%fflQ 041W &,,egoingVZcitals and other good and o in, conside'F96 valuable consideratio A e'reM$j/ 9-00"ghhereby acknowledged, the Parties .,Nand st Z0111 i in the privW hereby agree to mainA CC'. Affi,',and securfitOffil �%: PHI asset orth herein: in ffifflAffi ,greement will be governed by HIPAA. MPA "InfoLock0VServic6s!'�ft,, ,jeans the performance of data analytic consulting serviles'eNtr -tfh�euC�Ifti g At not limited to: medical and pharmacy claims, Health R kA 'me t and dentil'y possible trends in chronic 's is �f r disease Lhhj� t cl �g P r ha rmance of consulting services for the Client, includinFrat not limited to: data modeling, benchmarking, auditing, marketing of the program or Requests for Proposals (RFP), diagnostic analysis, reporting and related pharmacy financial and clinical information consulting services. "Privacy Rule" means the Standards for Privacy of Individually Identifiable Health Information at 45 C.F.R. Parts 160 and 164, Subparts A and E. "Secretary" means the Secretary of Health and Human Services (HHS) or any other officer or employee of HHS to whom the authority involved has been delegated. Lockton Business Associate Agreement—rev42015 P482 "Security Rule" means the Security Standards and Implementation Specifications at 45 C.F.R. Parts 160 and 164, Subparts A and C. "Standards for Electronic Transactions Rule" means the final regulations issued by Health and Human Services concerning standard transactions and code sets under the Administrative Simplification provisions of HIPAA, 45 C.F.R. Parts 160 and 162. All terms used, but not otherwise defined, in this Agreement shall have the same meaning as those terms in the HIPAA Rules. �&, ARTICLE 2. OBLIGATIONS AND ACTI�,& IES OF LOCKTO . 2.1 Lockton agrees to not I. suriall ISO e PHI other thak gas permitted or required by this Agreement or as RejrjCifR4,By Law 2.2 Lockton agrees to use Xp' ,,pr6fr'iffe,safeguard'M,;Erevent the Use or Disclosure of W the PHI other than as provided for by thi�� h ,,,,greem&ft*,, th 2.3 Locktog§gfEM5NVlementVd i `tffli�&�'—hysical`and technical safeguards and ,e,4 a MI S I ronic PHI. comply with Subpar*tll�,�,�,llf 45 C.R art 16 tto e t g,.espec 2.4 Lockton dft,66s WAN, hie Plari Security Incident or Use or Disclosure of PHI not itt this gftp.11140 &-hict;�'16ckton is aware, including any Breach of W W Unsecure' as required by 11t, F R IMMWO- 9Mh notice shall be provided within three (3) bu i M s and sh Ili ude, t e extent possible, information that is required to be included I in o i ic to the ivi A d, F.R. 164.404. .-, _�un . 2.4.1 "Pokkton and Plan%gree thiNnsuccessful attempts at unauthorized access or system M interfereM/cf;bccur frequNtly and that there is no significant benefit for data security from requiring thSOM.' elaocumenta'On and reporting of such unsuccessful intrusion attempts. In 'V0. W addition, both prAfies figf& that the cost of documenting and reporting such unsuccessful -6, attempts as they offiRl �ould outweigh any potential benefit gained from reporting them. 7W, Consequently, both Lockton and Plan agree that this Agreement shall constitute the documentation, notice and written report of such unsuccessful attempts at unauthorized access or system interference as required above and by 45 C.F.R. Part 164, Subpart C and that no further notice or report of such attempts with be required. By way of example (and not limitation in any way), the Parties consider the following to be illustrative (but not exhaustive) of unsuccessful Security Incidents when they do not result in unauthorized access, use, disclosure, modification, or destruction of e -PHI or interference with an information system: Lockton Business Assmiate Agreement—rev42015 P483 I . Pings on a Party's firewall, 2. Port scans, 3. Attempts to log on to a system or enter a database with an invalid password or username, 4. Denial -of -service attacks that do not result in a server being taken off-line, and 5. Malware (e.g., worms, viruses). Otherwise, Lockton will document as required by 45 C.F.R. Part 164, Subpart C and report to Client (i) any successful unauthorized access, use disclosure, modification, or destruction of Plan's Electronic Protected Health InfiaM Wla? "ation of which Lockton becomes aware, or (ii) any successful unauthorized interferend/El'i/ili system operations in Lockton's Information System containing Plan's lectr ted Health Information of which Lockton becomes aware. Such reports ill vi i in ten (10) business days of when Lockton becomes aware of the incid 2.5 Lockton may disclose PHI to including affiliates of Lockton, to thi' tent 1 m4 subcontractor, vendor;and/or other t i Plan on behalf of Lockton, Lock -ton a s other third party agrees in writing to t tT with respect to such PI-NOW/al- 2.6 To the�&Uent any of Plan to provide Sergvl; , c.&&to C such affiliate agrees in w'ri"n' respect to/ At the ri�Tl&t c Re "Llas directed ai `W io" 164.524. 2 . 8 L agrees directed by or agree' obligations pursuant �actorsffi Mher third parties, YFndors and/c� 5.7 orm the Services. W the extent any 4&efies, maintains or transmits PHI of the that Najs.�uch subcontractor, vendor and/or �iqns anAV,,qRditions that apply to Lockton of LTUM.Yrl reates,'MY6ves, maintains or transmits PHI 'suanttoffittf is Agreement, Lockton agrees to ensure that . g:r; \ &restric Lijons and conditions that apply to Lockton with ickt6fil%grees to provide access to PHI in a Designated order to meet the Plan's obligations under 45 C.F.R. iake any amendment(s) to PHI in a Designated Record Set as nd to take any other measures necessary to satisfy the Plan's 64.526. 2.9 Lockton agree's to make internal practices, books, and records, relating to the Use and Disclosure of PHI received from, or created or received by Lockton on behalf of the Plan available to the Secretary, in a time and manner mutually agreed upon by Lockton and the Plan or as designated by the Secretary, for purposes of the Secretary determining the Plan's compliance with HIPAA. 2.10 Lockton agrees to document such Disclosures of PHI and, provide such information to Plan as would be required for the Plan to respond to a request by an individual for an Accounting of Disclosures of PHI in accordance with 45 C.F.R. 164.528. Lockton Business Associate Aereementrev,12015 P484 2.11 To the extent Lockton is to carry out one or more of Plan's obligations with respect to HIPAA, Lockton will comply with the requirements of HIPAA in the performance of such obligations. ARTICLE 3. PERMITTED USES AND DISCLOSURES BY LOCKTON Lockton will Use or Disclose PHI including, without limitation, claim, eligibility, financial and other data received from, or created or received on behalf of Plan consistent with the minimum necessary requirements applicable to Plan set forth in 45 C.F.R. 164.514(d) and only: 3.1 As permitted or required by this Agret Services on behalf of Client and Plan as described in this would violate HIPAA. A 3.2 For the proper management and responsibilities of Lockton, provided that LJ Paragraph 3.2 where such Disclosure is R7q- assurances from the person to whom the PH I is or further Disclosed only as Required By Law or f person, and the person notifies LaMon of any �gft � efiv confidentiality of the information is BTAWM.., 3.3 To create de -identified infft' Once PHI has been de-ideh-fified it shall M the confidentiality obligg MWE i %fig',sor restricti otherwise required 15�410� 44& will only D By Law or plicable law, or to perform but not in such a manner that in or to carry out the PHI pursuant to this �n obtains reasonable 0-1 %6nfidential and Used 'for which it,WaWisclosed to the which it is a,31 in which the 45 C.F.R. 164.514(a) -(c). and shall not be subject to in this Agreement unless 3.4 To provid6XD.ata A ,gation SeRibes on eh b alf of the Plan, including, without limitation ,91099dre. of P-WIM00106150ffin, dors and/or other third parties, as may be ,.,V necessew n. to,allow Vock on to pehtrm the' ftel&s- Mose and store PHI in a benchmark database; S and tokbffi ,.&lose de-identiri iate ,14,and\ bassoc d Ra for population benchmarking and normative 3.5 'T&Use PHI to rMort violatibns of law to appropriate Federal and State authorities consistent with Afllrivacv Rulell 3.6 As ARTICLE 4. OBLIGATIONS OF CLIENT 4.1 Client shall make all necessary amendments to Plan documents to permit Use and Disclosure of PHI by Lockton as described in this Agreement. 4.2 Client shall provide Lockton with a list of person(s) ("Designee") who perform functions for the Plan or for the Client as Plan Sponsor to whom it is permissible for Lockton to Disclose PHI. To the extent Client has limited the amount of PHI that may be Disclosed to a Luckton Business Associate Agreement rev420 IS P485 Designee, Client shall notify Lockton of such limitation. Client shall immediately notify Lockton of any changes in a Designee or the extent of PHI that may be disclosed to a Designee. 4.3 Client shall provide Lockton with the Plan's notice of privacy practices, as well as any changes to such notice. Client shall ensure that such notice of privacy practices permits the Use and Disclosure of PHI by Lockton as described in this Agreement. 4.4 Client will provide necessary authorization or instruction to the administrator of the Plan to facilitate the release of PHI to Lockton. 4.5 Client shall provide Lockton with any i an individual to Use or Disclose PHI, if such changes under this Agreement. 4.6 Client shall notify Lock -ton of the Client has agreed to on behalf of the Plan 4.7 Client shall not request LocktoriV be permissible under HIPAA if done by the Plan. 4.8 Client will not U employment-related actions and benefit plan of Client. ARTICLE 5. 5.1 Terr shall continue until Lockton onbehalfic any revocation of, permission by i's Use or Disclosure of PHI I to thOote or Disclosure of PHI that ,�F,.R. 164.522. PHI in anVToanner that would not n received from Lockton for any other benefit or employee shall brMEtive as of t% Effective Date. This Agreement V vided 444-e Plan to Lockton, or created or received by \Nl W, Y r retuNd to the Plan, unless otherwise terminated as I erminati6fil or CMNe.. If Lockton violates any material term of this Agreement, entolihil provide an Wpportun'if, r Lockton to cure the breach or end the violation. If 3A 1 the Cli Q be violation within 90 days, Client may immediately E Lockton doMmit cure the brelh or %en� terminate this Aereement. 5.3 (A) Updfif/26rmination of this Agreement and consistent with Florida Law, Lockton shall, if feasible, return or destroy all PHI received from the Plan, or created or received by Lockton on behalf of the Plan. This provision shall also apply to PHI that is in the possession of subcontractors, vendors and/or other third parties engaged by Lockton to assist in the provision of Services. Lockton shall retain PHI only as described in Subparagraph (13) below. (B) Lockton shall retain only that PHI for which return or destruction is infeasible or retention is necessary for Lockton to continue its proper management and administration or to carry out its legal responsibilities. Lockton shall continue to use appropriate ["Icton Business Associate Agreement—rev42015 P486 safeguards, comply with HIPAA, and adhere to the terms of this Agreement with respect to PHI for as long as Lock -ton retains the PHI. ARTICLE 6. MISCELLANEOUS PROVISIONS 6.1 Regulatory Reference. A reference in this Agreement to a section in HIPAA or to a section of the Code of Federal Regulations means the section as in effect or as amended, and for which compliance is required. .6.2 Amendment. The Client and Lockton agree to amend this Agreement from time to time as is necessa requirements of HIPAA, including the provisions of f [IT by the Client and Lockton by the express utual wri Agreement contains the entire Business Ass iate A ent I all other understandings and agreements, ral r n, betwc PHI. 6.3 Survival. The respective rights this Agreement shall survive the termination ol 6.4 Interpretation. Anyr4ffi 'guit y in this meaning that permits the Plan and VIA b I ab, comf Agreement calls for Lockton to respond r 11 ' I specifically cited in the section, Lockton rel o that the request is in i m i ne t confirming that the Q' ' reques * �, a I such action as is necessary to ie Plan to comply with the Agreement may be amended of both parties. This the parties and supersedes arties regarding privacy of Paragraph 5.3 of : shall be resolved in favor of a PAA. When a section of the the P 0 in conjunction with a regulation IVNIN r hest as verification by the Plan Plan's'm P/ r Nbn,\�, ackton is not responsible for JAM1 'Oe specific regulation. 6.5 IndemnifiFition Mbkton shall 19-demnify Client and hold harmless against any I s, cost, ag a & os AMNSding rea owable attorney's fees) arising from the party's 'ligence or intentional wrongdoing or from impro an o. isclostiOlf PHIMN Jh ri?Wr 6.6wVoverning Lai'C and VQffie. This Agreement shall be governed by HIPAA and, where not cove-T&I b Z f t h e r f dispute whall b *70A I kir e ral law, the laws of the State of Florida. Venue of any ylln&oan Rivel unty and if in Federal Court, the Southern District of Florida. 6.7 TermiMfther.46M context of the Agreement requires, the singular shall include the plural and the mascuNIA I IRM lineffiender shall include the feminine. Headings or titles of sections are for general information only and this Agreement shall not be construed by reference to such titles. 6.8 Assignment. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. If any provision of this Agreement is held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision, and this Agreement shall be construed and enforced as if such provision had not been included. 6.9 Third Party Beneficiaries. Nothing express or implied in this Agreement is intended to confer, nor shall anything herein confer, upon any person other than Lockton, or the Lmkton Busincss Assmiate Agrmmentrev42015 P487 Client and their respective successors or assigns, any rights, remedies, obligations or liabilities whatsoever. This Agreement is executed and effective on the Effective Date first written above. S.E. Series of Lockton Companies, LLC Indian River County, on behalf of Plan and Client 0 Title: Date: La Lockton Business Associate Agreement rev42015 P488 CONSULTING SERVICES AGREEMENT INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS (COUNTY) and SOUTHEAST SERIES OF LOCKTON@ COMPANIES, LLC The "Agreemene, made and entered into (the "Effective Datc'� by and between Indian Ri, (County), FL, having offices at 1800 27" Street 11 as "Client"), and Southeast Series of Lockton Co Avenue, Suite WO, Miramar, FL 330g.,7A -inaf , � _cre Client wishes to procure cen can provide and desires to tender to The parties agreZURWRIP4rould be to that and to defitic the ternknKand conditi Client by Lockton. herein Oil— ther good ani I acknowledgA$ Fd_2j,thc parties I. Kol`M�ls �lst day of October, 2017, Bo ' �— I ard or, 4�C unty Commissioners u FL 32916%0e?ci naftcr referred to LC.,havine office*\03601 SW 160d' can be'j�',' rmed by Lockton; and Lockton %c6san,d tu iNhhage to execute this Agreement tum yr 601 the r Nnd ring of services provided to okini recitals, the mutual promises contained � 9 c receipt and sufficiency of which are This Agre'eRnAt wO ff in effect from the Effective Date above on an annual basis and shall automatic .1 renew for annual periods through September 30, 2022 unless earlier terminated in accordance with the provisions of the Agreement. 11. SeMce Compensation A. AD consulting -and/or insurance services provided by L�ckton as set forth in Addendum A will be performed for an annuaEzed fee of $89,500 plus any agreed P489 upon commission for any newly placed benefits and, as applicable, other compensation set forth below. Client acknowledges that, except as otherwise provided herein, this fee may be in addition to certain incentive compensation including contingency payments, bonuses, overrides and/or prizes and awards which Lockton may receive as a result of being Client's insurance broker, as well as base and/or supplemental commissions or other commission -like payments from insurance companies, other intermediaries or other third parties (collectively, "Additional Compensation"). Client consents andrOrees to Lockton's ability to e, curnstances. JR-!( receive such Additional Compensation unds .1-1. B. The fee will be paid on a C. Payment of all invoiceA A(30) days. Client grant Client against any unpaid 111. Services A. Itis and h W W"V� 0� Rk k*\,%'e'm'ent will be NMIN\k nthin thirty 'e to set, f,..y amounts Lockton owes to ,es to Lockt6n. in consideration of the compensation set .onsulting services outlined in Addendum §�f this Agreement. It is further"WR led thaMMer risk management services may be undertaken that are L utside the for' ing scop ff services by mutual consent, wl-�ich consent may be kk W� p%%I'ded that it 3 -1 knowledged in writing by either or both of the parties. Amerldikents mAyffible made to this Agreement as deemed appropriate by both parties. C. When in Lockton's professional judgment it is necessary or appropriate, Lockton may utilize the services of intermediaries or other appropriate outside vendors to assist in the servicing and marketing of Client's employee benefit programs. S.d.,d S��,k�� Ag,��w F� A 2 R�, 05/15 P490 However, this may only be done after consultation with and prior written approval by Client. Such intermediaries may or may not be affiliates of Lockton. Lockton will advise Client whether any such intermediary is an affiliate of Lockton. Under all circumstances, any and all compensation earned by any intermediary or outside vendor may be in addition to the compensation paid to Lockton as described herein. Client will not be responsible for compensating an intermediary or outside vendor, unless Client has provided prior written approval of such compensation. IV. Termination of Services Client or Lockton may terminate this to the other party. Should Client tem: its broker of record at any time subse immediately cease providing services transition to a new broker/igrPtoe�i�Wtan services provided up to the ef accordance with the. co pens entitled to rec M 0 ssion in 1 V. Additional Obli—gau " Rliftsball pi L"o .4 70/ ifol % Agreementl %equested by B. Lockt which Client M an'tat any timeWth 90 days'written notice designate a brorl"j, ther than Lockton as nt, Lockton shall the date of this A c NAereAt and will %ass' the In such &�Mnockton shall bill Client for the m k 6of tertrunh6ron a pro rata basis in ns vjgree��ckton shall also be date of termination. 4ble cooperation and assistance necessary FF to Client pursuant to the terms of this limitations, copies of all documents reasonably OOT)eration of and access to certain of Client's lies that the nature of its relationship with Client is one in entrust Lockton as the custodian of certain of Client's information, some of which may be of a confidential or proprietary nature. Lockton shall undertake all reasonable efforts to maintain the integrity of all of Client's information, whether or not such information is confidential or proprietary. VI. General Conditions A. Neither party shall assign the rights nor dudes herein set forth without the prior Ag,�., F. A 3 R�,. 05/15 P491 written consent of the other party. P492 Vil. B. The terms and conditions of this Agreement constitute the entire Agreement between the parties with respect to the subject matter hereof. Subject to the provisions of Section III.B., th�is Agreement shall not be amended except by a written amendment signed by both parties, and no prornises, agreement, or representations not herein set forth shall be of any force or effect between diem. This Agreement shall serve to terminate and supersede all agreements and undertakings heretofore entered into between the parties on subjects covered by this Agreement. C. Lockton shall indemnify, defend, and MAN, Oft! its Commissioners, directors, GIV V111 officers, employees, agents, and re enfatives 1661oless from and against any and MWOIM, all claims, damages, losses, or ex** e es (including suffiffoarties' reasonable attorney, accountant, and exper. tness fees and costs) c , ed by Client as the I La Albf its obh result of (i) a material breach by on o6o"Pof its obhga ' h under this A �,Vifflf ul or negI igen, M&Iduct of Lockton. Agrectrient or (ii) MW SIR. D. Any communication 0 A c uLred or w ay be given hereunder shall be addr cdgo Client an Lock 0 heir a es set forth in the preaAOFF ,h elrlwoll E. This TIM"ement sW be govern or all purposes by the laws of the state id9*%&rM WPfFlor e r s t bein Indian River County, and if ,Q ON W m Orm M iuriMirffion is eral Cou t�Southern District of Florida. A. India "MMHFW�.bunty is a public agency subject to Chapter 119, Florida \W Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian ofPubhc Records, provide the County with a copy of the requested records or allow the records to be inspected or S..dud S�,k�, AW.��n, F.. A 4 R�,� 05/15 P493 copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer." cost, to the County all public records in possession of the Contractor, keep, d maintain public records required by the County to perform —.1 'e service. If t ntractor transfers all public records to the Coun 04MUME/Ecompletion of t e co act the Contractor 445F shall destroy any duplicate public - rds that&re e emp dentialand exempt from pubt maintains public v meet all applicable RM a to its. If the keeps and contract, the Contractor shall records. All records stored from the Custodian the information technology IFW5,jl ,!IE CONTRACTOR MI AS QUESTIONS REGARDING T H N OF CHAPTER 119, FLORIDA E PNL%AITIO M STATMIEs, MwE CONTRACTOR'S DUTY TO PROVIDE RELATING TO THIS CONTRACT, PUBLIC VECOAD tR IM ?,,QNTACTkMqRHE CUSTODIAN OF PUBLIC RECORDS AT: Indian'Riffer County Office of the County Attorney 180127 1h Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. P494 In witness whereof, the parties hereto have executed the Agreement in duplicate intending each copy to serve as an original as of the day and year first written above. SOUTHEAST SERIES OF LOCKTON COMPANIES, LLC M INDIAN RIVER COUNTY BOARD OF M. DATE: Smndard Sen�ce.� Ageement Fom A 5 R�,. 05/15 P495 Dylan Reingold., County Attorney William K. DeBrual, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney M k 'N 044 Office of Consent 08115117 INDIAN RIVER COUNTY MEMORANDUM ATTORNEY TO: Board of County Commissioners THROUGH: Beth Powell, Conservation Lands Manager FROM: William K. DeBraal, Deputy County Attomey:00 DATE: August 7, 2017 SUBJECT: Second Renewal and Extension of License Agreement for Ryall Tract The Ryall Property was purchased by the County in 2006 with help from the Indian River Land Trust. The 10.1 acre Ryall Tract is located at and is improved with a single family house and detached shed. The house was renovated in 2012. The County entered into a license agreement with a Sheriffs Deputy (name withheld due to public records exemption) with the Indian River County Sheriffs Office whereby the Deputy could reside on the property and provide a law enforcement presence for security reasons and in exchange, the Deputy would maintain the house and property, keep approximately I acre mowed on the Ryall Tract, control Brazilian Pepper on the parcels and a small strip on the adjacent former Shadowbrook Estates Tract. The Deputy desires to continue under the License Agreement by extending it for two years from the date of expiration of the initial Renewal and Extension of License Agreement, under the same terms and conditions. The License Agreement has been a mutual benefit to the parties and the attached Second Renewal and Extension of License Agreement will extend the License Agreement until June 2018. Staff has no objection to the extension of the License Agreement. As the Ryall parcel was purchased in part with funds from the Florida Communities Trust, the trust must agree to the Second Extension. Funding. There is no direct funding impacted by this Second Renewal and Extension of License Agreement. Recommendation. Staff recommends that the Board authorize the Chairman to sign the attached Second Renewal and Extension of License Agreement between Indian River County and the Deputy to provide for the extension of the Agreement until June 2018. Attachment: Second Renewal and Extension of License Agreement Copies to: Richard B. Szpyrka, P.E., Public Works Director Indian River County Sheriffs Deputy P496 SECOND RENEWAL AND EXTENSION OF LICENSE AGREEMENT This Second Renewal and Extension of License Agreement is entered into this day of August, 2017 by and between Indian River County, a political subdivision of the State of Florida (County or Licensor) whose address is 1801 27th Street, Vero Beach, FL 32960 and a resident of Indian River County, (Licensee) whose address is and agree as follows: WHEREAS, the County is the owner of two tracts of land known as the Ryall and Shadowbrook properties outlined in gold and yellow dashed lines, respectively on Exhibit A attached and incorporated by reference; and WHEREAS, in 2012 and 2013 the County refurbished a single family residence on the white outlined portion on Exhibit A (attached) on the north side of County Road 510; and WHEREAS, County and Licensee entered into a License Agreement on June 18, 2013, which was renewed and extended on November 18,2014, whereby Licensee would perform certain duties in exchange for residing in the single family residence and detached shed located on the property; and WHEREAS, the License Agreement and the Renewal and Extension of License Agreement (Renewal) have a term of one year subject to renewal for an additional one year term; and WHEREAS, the parties are mutually satisfied with the terms of the License Agreement and hereby agree to renew and extend the license agreement again. NOW THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt whereof is hereby acknowledged, the parties agree as follows: 1. The above recitals are true and correct and are adopted by reference herein. 2. The License Agreement dated June 18, 2013 and the Renewal dated November 18, 2014 are hereby renewed and extended until June 17, 2018, nunc pro tunc. 3. County, at its own expense, shall provide a herbicide effective at controlling Brazilian Pepper trees to Licensee, and Licensee or his contractor shall use the 1 P497 herbicide following label directions, to eliminate 80% of the Brazilian Pepper present on both the Ryall and Shadowbrook parcels. 4. The remaining terms and conditions of the License Agreement shall remain unchanged. IN WITNESS WHEREOF, the parties have executed this Second Renewal and Extension of License Agreement as of the day and year first written above. ATTEST: Jeffrey R. Smith Clerk of Court and Comptroller M - Deputy Clerk Witness Witness Approved as to form and legal ffi i iciency Deputy County Attorney Reviewed and Approved by Florida Communities Trust By: Its: 2 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY By: Joseph E. Flescher, Chairman BCC Approved: ml - Approved: Jason E. Brown County Administrator Approved as to Form and Legality By: Department Attorney P498 Indian River County, Florida Property Appraiser - Printer Friendly Map Page I of I Print I BiA E X r0i I E31 T, Indian -River County -GIS - ParcelED OwnerName PropertyAddress 31382500000700000004.0 INDIAN RIVER COUNTY Notes A ITA http://www.ircpa.org/PrintMap.aspx 8/7/2017 I P499. Dylan Reingold, County Attorney Willimn K. DeBrn], Deputy County Attorney Kate Pingolt Cotner, Assisnint County Attorney 1 %V 0 5 16 Office of Consent -Agenda 0811512017 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Aftorneymoto DATE: August 9, 2017 ATTORNEY SUBJECT: Locally Funded Agreement with the Florida Department of Transportation for Relocation Expenses for Mark's Mobil, Mermaid Carwash and Harbora Parcels 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 and in advance of the project, the County purchased the Mermaid Carwash, Mark's Mobil and asingle family house on the west side of 43" Avenue owned by Barbara Harbora. Now that FDOT has taken over right-of-way acquisition for the project, all parcels acquired must conform with the mandates of Title 49, Code of Federal Regulations, Part 24, the UniformAct, which can be more stringent than Florida Law. One such requirement under the Uniform Act is the payment of relocation expenses for affected property owners, both residential and commercial. Since these three parcels were acquired prior to the Incentive Agreement, the County is responsible for all of the relocation expenses for the properties. Relocation expenses normally include the cost of a consultant to help the owner locate suitable new locations for their home or business, appraisals for the new locations, acquisition expenses and costs of moving the business. With these three parcels, FDOT will oversee the relocation process as FDOT right-of-way specialists are most familiar with Uniform Act requirements. The accompanying Locally Funded Agreement (LFA) spells out the obligations of the County and FDOT. The lion's share of the Agreement, the estimated moving costs of $77,500.00 will only be paid after the homeowner or business owner relocates. Thus, if a business owner decides not to relocate, no moving expenses are due to the owner. The relocation costs on the accompanying LFA are estimated to be $144,500.00. If the relocation costs are less than estimated, the County will pay a lesser amount. If the relocation expenses exceed the estimates, the County is responsible for paying more. The LFA is amendable to include additional parcels and the parties anticipate amendments as FDOT has recently filed eminent domain suits against TD Bank and Abbott's Frozen Custard. P500 Locally Funded Agreement, SR 60/43rd Avenue August 9, 2017 Page 2 FUNDING. Funding for this expenditure in the amount of $144,500 is budgeted and available in the Traffic Impact Fees/ Construction in Progress /43rd AVE 18th ST to 26th ST, account number 10215241-066510-06041. RECOMMENDATION. Staff recommends the Board of County Commissioners approve the Locally Funded Agreement with the Florida Department of Transportation for Relocation Expenses for Mark's Mobil, Mermaid Carwash and Harbora parcels and approve the accompanying Resolution 1 authorizing the Chairman to execute the Agreement on behalf of the Board. Attachments: Locally Funded Agreement with the Florida Department of Transportation Resolution Authorizing the Chairman to sign the LFA Copy to: Richard B. Szpyrka, P.E., Public Works Director William Johnson, P.E., Roadway Production Engineer Robin Brisebois, FDOT 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 P501 FM No: 431759-1-4B/42/43/45-02 FEID No: VF -596-000-674 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCALLY FUNDED AGREEMENT THIS Locally Funded Agreement ("Agreement"), entered into this_ day of 20 , by and between the State of Florida Department of Transportation hereinafter called the DEPARTMENT, and Indian River County, 1801271 Street, Vero Beach, Florida 32960, hereinafter called the COUNTY. WITNESSETH WHEREAS, the County and the DEPARTMENT entered into a County Incentive Grant Program Locally Funded Agreement in June 2015 whereby the parties agreed to have the DEPARTMENT acquire right-of-way for the SR-60/43rd Avenue Intersection Improvement Project with the County and the DEPARTMENT each paying 50% of the costs; and WHEREAS, prior to the commencement of the right of way services agreement, the COUNTY acquired three parcels that were within the vicinity of the SR -60 and 43rd Avenue intersection (Mermaid Carwash, Mark's Mobil, and the Harbora House); and WHEREAS, said parcels were not acquired in accordance with Title 49, Code of Federal Regulations (CFR), Part 24 (the "Uniform Act"); and WHEREAS, the COUNTY is providing the DEPARTMENT with financial assistance under Financial Management (FM) No 431759-1-4B/42/43/45-02 (Funded in Fiscal Year 2017/2018) for consultant fees for remediation services related to right of way demolition, acquisition, relocation assistance services and consulting fees for the aforesaid parcels at the intersection of SR -60 and 43rd Avenue. Refer to Exhibit A, Scope of Services, attached hereto and made a part hereof, and WHEREAS, for the purpose of this Agreement, the right of way remediation services at the intersection of SR -60 and 43rd Avenue is hereinafter referred to as the "Project;" and WHEREAS, the Project is in the interest of both the COUNTY and the DEPARTMENT and it would be more practical, expeditious, and economical for the DEPARTMENT to perform such activities; and WHEREAS, the COUNTY by Resolution No. on the — day of —, 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 benefits to be derived from joint participation on the Project, the parties agree to the following: The recitals set forth above are true and correct and are deemed incorporated herein. 2. The DEPARTMENT shall be responsible for assuring that the Project complies with all applicable Federal, State and Local laws, rules, regulations, guidelines and standards. Page I P502 3. The COUNTY agrees to make all previous studies, maps, drawings, surveys and other data and information pertaining to the Project available to the DEPARTMENT at no cost to the DEPARTMENT. 4. The DEPARTMENT shall have the sole responsibility for resolving claims and requests for additional work for the Project. The DEPARTMENT will make reasonable efforts to obtain the COUNTY's input in its decisions. 5. The total cost of the Project referenced above, is estimated to be ONE HUNDRED FORTY FOUR THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($144,500.00). The COUNTY'S payment to the DEPARTMENT is estimated to be ONE HUNDRED FORTY FOUR THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($144,500.00). In the event the actual cost of the Project results in a decrease in the COUNTY'S payment of ONE HUNDRED FORTY FOUR THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($144,500.00) the difference shall be refunded to the COUNTY. In the event the actual cost of the Project results in an increase of the COUNTY'S payment, any cost overruns or cost increases shall be the sole responsibility of the COUNTY and shall be paid to the �DEPARTMENT. The funding the DEPARTMENT receives from the COUNTY shall be allocated as follows: SR -60 AND 43RD PROJECT FM# 431769-1-4X-02 Phase 413 Phase 42 Phase 43 Phase 45 (Appraisal) (consultant) (Acquisition) (relocation) $36,000.00 $22,000.00 $10,000.00 $77,500.00 TOTAL AMOUNT DUE FROM PARTICIPANT: $1",500.00 A. The COUNTY agrees that it will, within thirty (30) days of execution of this AGREEMENT, furnish the DEPARTMENT with a check in the amount of ONE HUNDRED FORTY FOUR THOUSAND FIVE HUNDRED DOLLARS AND NO CENTS ($144,500.00) towards the Project Costs. In the event payment is not received by the DEPARTMENT within thirty (30) days of execution of this Agreement, the DEPARTMENT reserves the right to terminate this Agreement. Remittance shall be made payable to the Department of Transportation. Payment shall be clearly marked to indicate that it is to be applied to FM No.: 431759-1-4B/42143/45- 02. The DEPARTMENT shall utilize this amount towards costs of Project No. 431759- 1-4B/42/43/45-02. Payment shall be mailed to: Florida Department of Transportation Professional Services Unit - Attention: Leos A. Kennedy, Jr. 3400 W. Commercial Boulevard Fort Lauderdale, Florida 33309-3421 Page 2 P503 B. If the Project costs are in excess of the advance deposit amount, the COUNTY will provide an additional deposit within fourteen (14) calendar days of notification from the DEPARTMENT. The DEPARTMENT will notify the COUNTY as soon as it becomes apparent that Project costs are in excess of the advance deposit amount; however, failure of the DEPARTMENT to so notify the COUNTY shall not relieve the COUNTY from its obligation to pay for its full participation. If the COUNTY cannot provide the additional deposit within fourteen (14) calendar days, a letter must be submitted to and approved by the DEPARTMENT'S Project manager indicating when the deposit will be made. The COUNTY understands the request and approval of the additional time could delay the Project, and additional costs may be incurred due to delay of the Project. C. When Project modifications occur that increase the COUNTY'S payment of total Project costs, the COUNTY will be notified by the DEPARTMENT. The COUNTY agrees to provide, without delay, in advance of the additional work being performed, adequate funds to ensure that cash on deposit with the DEPARTMENT is sufficient to fully fund the cost of the Project. The DEPARTMENT shall notify the COUNTY as soon as it becomes apparent the actual costs will exceed the deposit amount. However, failure of the DEPARTMENT to so notify the COUNTY shall not relieve the COUNTY from its obligation to pay for its full participation. Funds due from the COUNTY during the Project not paid within forty (40) calendar days from the date of the invoice are subject to an interest charge at a rate established pursuant to Section 55.03, F.S. In the event the COUNTY fails to make the additional payment within the time hereinabove set forth, in addition to any other remedy, the DEPARTMENT reserves the right to terminate this Agreement D. The DEPARTMENT intends to have its final and complete accounting of all costs incurred in connection with the work performed hereunder within three hundred sixty days (360) of final payment to the Consultant. The DEPARTMENT considers the Project complete when the DEPARTMENT provides the COUNTY with written notice of its acceptance of the Project. Such written acceptance by the DEPARTMENT shall serve as evidence that all three (3) parcels acquired by the COUNTY are in compliance with the Uniform Act. All Project cost records and accounts shall be subject to audit by a representative of the COUNTY for a period of three (3) years after final close out of the Project. The COUNTY will be notified of the final cost. Both parties agree that in the event the final accounting of total Project costs pursuant to the terms of this Agreement is less than the total deposits to date, a refund of the excess will be made by the DEPARTMENT to the COUNTY. If the final accounting is not performed within three hundred sixty (360) days, the COUNTY is not relieved from its obligation to pay. E. In the event the final accounting of total Project costs is greater than the total deposits to date, the COUNTY will pay the additional amount within forty (40) calendar days from the date of the invoice from the DEPARTMENT. The COUNTY agrees to pay interest at a rate as established pursuant to Section 55.03, F. S., on Page 3 P504 any invoice not paid within forty (40) calendar days until the invoice is paid. F. The payment of funds under this Agreement, once they are received by the DEPARTMENT from the COUNTY, will be sent directly to the Department of Financial Services, Division of Treasury for deposit as provided in the attached Three Party Escrow Agreement between the COUNTY, the DEPARTMENT, and the State of Florida, Department of Financial Services, Division of Treasury a copy of which is attached hereto and made a part hereof as Exhibit W. 6. In the event it becomes necessary for either party to institute suit for the enforcement of the provisions of this Agreement, each party shall be responsible to pay their own attorney fees and court costs. Venue With respect to any such litigation shall be in Broward County. 7. in the event the Project is cancelled, the DEPARTMENT, in accordance with all applicable laws and procedures, will reimburse to the COUNTY any remaining funds on deposit minus any costs incurred during the Project. 8. The COUNTY / Vendor/ Contractor: (A) 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 COUNTY/ Vendor/Contractor during the term of the contract; and (B) 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. 9. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the COUNTY under any circumstances without the prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. 10. Should the DEPARTMENT and the COUNTY decide to proceed with subsequent phases of the Project, the Agreement may be amended to identify the respective responsibilities and the financial arrangements between the parties. 11. Except as otherwise set forth herein, this Agreement shall continue in effect and be binding to both the COUNTY and the DEPARTMENT until the Project is completed as evidenced by the written acceptance of the DEPARTMENT, or June 30, 2018 whichever occurs first. 12. The COUNTY warrants that it has not employed or obtained any company or person, other than bona fide employees of the COUNTY, to solicit or secure this Agreement, and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employee employed by the COUNTY. For breach or violation of this provision, the DEPARTMENT shall have the right to terminate the Agreement without liability. Page 4 P505 13. This Agreement is governed by and construed in accordance with the laws of the State of Florida. 14. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 15. Any or all notices (except invoices) given or required under this Agreement shall be in writing and either personally delivered with receipt acknowledged or sent by certified mail, return receipt requested. All notices delivered shall be sent to the following addresses: If to the DEPARTMENT: Florida Department of Transportation - District Four 3400 West Commercial Blvd. Fort Lauderdale, Florida 33309-3421 Attn: Leos A. Kennedy, Jr. With a copy to: Susan Day A second copy to: Office of the General Counsel If to the COUNTY: Indian River County Public Works Department 18012701 Street Vero Beach, Florida 32960 Attn: Richard Szpyrka,.P.E. With a copy to: County Attorney The remainder of this page is blank. Page 5 P506 IN WITNESS WHEREOF, this Agreement is to be executed by the parties below for the purposes specified herein. Authorization has been given to enter into and execute this Agreement by Resolution Number , hereto attached. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY: NAME: Joseph E. Flescher TITLE: Chairman ATTEST: COUNTY CLERK APPROVED: (SEAL) BY: a'l. 14 WILLIAM K. [TeBRAAL DEPUTY COUNTY ATTORNEY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION M- STACY L. MILLER, PE. DIRECTOR OF TRANSPORTATION DEVELOPMENT LEGAL REVIEW BY: OFFICE OF THE GENERAL COUNSEL APPROVED: BY: DISTRICT PROGRAM MANAGEMENT ADMINISTRATOR Page 6 P507 EXHIBITA Scope of Services FM No. 431759-1-4B/42/43/45-02 The DEPARTMENT shall implement a remediation plan for the pending SR60 @ 431d Avenue intersection construction project to bring the properties into compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. Page 7 P508 10AV6111,1111111 THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT'), Indian River County ("Participant"), and the State of Florida, Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall become effective upon .,the Agreement's execution by Escrow Agent. WHEREAS, FOOT and Participant are engaged in the following project ("Project"), Project Name: Right of Way Demoltion, Acquisition, Relocation Assist n 8ervices, and IN Consulting Fees Project #: 431759-1-4B/42/43/45-02 County: Indian River County WHEREAS, FOOT and Participant desire to establish an escrov��ount for the project. I %-� NOW THEREFORE, in considerabon of the pre imises a 14 covenants contained herein, the parties agree to the following: n 1 An initial deposit Will be made into a 4 rest bearing escrow account established hereunder for the purposes of the Projeot. The escrow account Will be opened with the Escrow Agent on behalf of FD P6; Escrow Agent's receipt and execution of this Agreement. 2. Other deposits to the escle ccount may be made during the life of this agreement. 3. Deposits will be d in accordance with instructions provided by the Escrow Agent to the FOOT forXtVeinto the escrow account. A wire transfer or ACH deposit is the preferred rn�fh&& payment and should be used whenever possible. FDOT�s tl�iffiptroller or designee shall be the sole signatory on the escrow account with the Et�gent and shall have sole authority to authorize withdrawals from the account. V, . awals will only be made to FDOT or the Participant in accordance with the MS rructions provided to the Escrow Agent by FDOT's Comptroller or designee. Moneys in the escrow account will be invested in accordance with section 117.61, Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income is only earned on the moneys while invested. There is no guaranteed rate of return. Investments in the escrow account will be assessed a fee in accordance with Section 17.61(4)(b), Florida Statutes. All income of the investments shall accrue to the escrow account. 6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow account shall remain in the account for the purposes of the Project. Page 8 P509 The Escrow Agent agrees to provide written confirmation of receipt of funds to FDOT. FDOT agrees to provide a copy of such written confirmation to Participant upon request. 8. The Escrow Agent further agrees to provide quarterly reports to FDOT concerning the escrow account. FDOT agrees to provide a copy of such quarterly reports to Participant upon request. 9. The Escrow Agent shall not be liable for any error of judgment or for any act done or ow'Xied by it in good faith, or for anything which it may in good faith do or refrain from in connection herewith. 10. Escrow Agent shall have no liability for any claim, cost, expense, damag s due to the acts or omissions of FDOT and Participant, nor from any separate ments between FDOT and Participant and shall have no responsibility to V . or enforce any responsibilities herein or in any separate agreements asso ** t ith this Agreement between FDOT and Participant. "1 7 11. This Agreement shall be governed by and interprete ordance with the laws of the State of Florida. 12. This Agreement may be executed in two o counterparts, each of which shall be deemed an original, but all of which toge*(IZII constitute one and the same instrument. 13. This Agreement shall terminate u?T disbursement by the Escrow Agent of all money held by it in the escrow account in ac M4nce with the instructions given by FDOT's Comptroller or designee and notification f OT to Escrow Agent that the account is to be closed. The remainder of this page is blank. Page 9 P510 IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s) below. For FOOT (signature) Name and Title 59-3024028 Federal Employer I.D. Number Date For Escrow Agent (isignature) Name and Title M Ak Page 10 For PARTICIPANT (signature) Name Title Federal EmploAv. Number '6�- Da&N P511 RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF A LOCALLY FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR RELOCATION EXPENSES JFOR MARkiS MOjlL, MERMAID CARWASH AND HARBORA PARCELS FOR THE 43 4D AVENUE/STATE ROAD 60 PROJECT. WHEREAS, the construction improvements to the 43" Avenue/State Road 60 intersection, including the addition of turn lanes, drainage piping with drainage structures, signalization, signing and pavement markings from 18" to 26th Street is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) Is prepared to provide funds to pay a portion of the cost for right-of-way acquisition, including relocation expenses under the Locally Funded Agreement (LFA); and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, a Locally Funded 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, a Locally Funded Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the resolution passed and adopted this 15th day of August, 2017. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller Deputy Clerk Approved as to Form and Legal.Sufflpiepcy William K. DeBraal, Deputy County Attorney FAAftornev\811;\Cap1ta1 ProjeM\43rd Avenue Projea\FDOTDOCuments\Resolution F DOT LFAReloution ExpensesAm P512 =09 6 Ofice of Consent -Agenda 0811512017 INDIAN RIVER COUNTY Dylan Reingold, County Anorney Williann K. DeBmal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: August 9, 2017 ATTORNEY SUBJECT: Three Party Escrow Agreement between the Florida Department of Transportation, the Florida Department of Financial Services and Indian River County for Right -of - Way Acquisition, Demolition and Relocation Assistance for the SR 60/431d Avenue Project 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 60/431d Avenue intersection improvements with the cost of acquisition to be split equally between the parties. In order to facilitate payment to affected landowners, FDOT has asked the County to enter into a Three Party Escrow Agreement with the Department of financial Services, Division of Treasury (Escrow Agent). Over the course of the project, the County would deposit funds into the escrow account held by the Escrow Agent. When funds would need to be disbursed, the FDOT Comptroller would authorize withdrawals from the escrow account. Please consider the following example: The County would deposit funds into the escrow account for the SR 601431d Avenue project. If a bill for an appraisal report would be received by FDOT, FDOT would review the bill as to reasonableness and provide the County with a copy of the appraisal bill. The FDOT Comptroller would then send instructions to the Escrow Agent to send an amount equal to 50% of the appraisal bill to FDOT so FDOT could pay the appraisal firm. By using the Escrow Agreement, County staff is relieved from the duty of sending separate checks to project vendors or the FDOT over the life of the project. County staff can still review the incoming bills as it would receive copies of the FDOT Comptroller's instructions to the Escrow Agent. FUNDING. There is no impact to County funds as a result of the Agreement, however funding for future deposits into the Escrow Account is budgeted and available in the Traffic Impact Fees/Construction in Progress 143rd AVE 18th ST to 26th ST, account number 10215241-066510- 06041. P513 Escrow Agreement, SR 60/431 Avenue August 9, 2017 Page 2 RECOMMENDATION. Staff recommends the Board of County Commissioners approve the Three Party Escrow Agreement between the Florida Department of Transportation, the Florida Department of Financial Services and Indian River County for Right -of -Way Acquisition, Demolition and Relocation Assistance for the SR 60/43rd Avenue Project and approve the accompanying Resolution authorizing the Chairman to execute the Agreement on behalf of the Board. I Attachments: Three Party Escrow Agreement between the Florida Department of Transportation, the Florida Department of Financial Services and Indian River County Resolution Authorizing the Chairman to sign the Escrow Agreement Copy to: Richard B. Szpyrka, P. E., Public Works Director William Johnson, P.E., Roadway Production Engineer Robin Brisebois, FOOT 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 P514 THREE PARTY ESCROW AGREEMENT THIS AGREEMENT is made and entered into by and between the State of Florida, Department of Transportation ("FDOT'), Indian River County ("Participant"), and the State of Florida, Department of Financial Services, Division of Treasury (uEscrow Agent"), and shall become effective upon the Agreements execution by Escrow Agent. WHEREAS, FDOT and Participant are engaged in the following project ("Project"): Project Name: Right of Way Dernoltion, Acquisition, Relocation Assistance Services, and Consulting Fees Project 431759-1-4B/42/43/45-02 County: Indian River County WHEREAS, FDOT and Participant desire to establish an escrow account for the project. NOW THEREFORE, in consideration of the premises and the covenants contained herein, the parties agree to the following: An initial deposit will be made into an interest bearing escrow account established hereunder for the purposes of the Project. The escrow account will be opened with the Escrow Agent on behalf of FDOT upon Escrow Agent's receipt and execution of this Agreement. 2. Other deposits to the escrow account may be made during the life of this agreement. 3. Deposits will be delivered in accordance with instructions provided by the Escrow Agent to the FDOT for deposit into the escrow account. A wire transfer or ACH deposit is the preferred method of payment and should be used whenever possible. 4. FDOT's Comptroller or designee shall be the sole signatory on the escrow account with the Escrow Agent and shall have sole authority to authorize withdrawals from the account. Withdrawals will only be made to FDOT or the Participant in accordance with the instructions provided to the Escrow Agent by FDOT's Comptroller or designee. 5. Moneys in the escrow account will be invested in accordance with section 17.61, Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income is only earned on the moneys while invested. There is no guaranteed rate of return. Investments in the escrow account will be assessed a fee in accordance with Section 17.61(4)(b), Florida Statutes. All income of the investments shall accrue to the escrow account. P515 6. Unless instructed otherwise by FIDOT, all- interest accumulated in the escrow account shall remain in the acoountforthe purposes of the Project. 7. The Escrow Agent agrees to provide written confirmation of receipt of funds to FDOT. MOT agrees to provide a copy of such written confirmation to Participant upon request. 8. The Escrow Agent further agrees to provide quarterly reports to FDOT concerning the escrow account. FIDOT agrees to provide a copy of such quarterly reports to Participant upon request. 9. The Escrow Agent shall not be liable for any error of judgment or for any act done or omitted by it in good faith, or for anything which it may in good faith do or refrain from doing in connection herewith. 10. Escrow Agent shall have no liability for any claim, cost, expense, damage or loss due to the acts or omissions of FDOT and Participant, nor from any separate agreements between FDOT and Participant and shall have no responsibility to monitor or enforce any responsibilities herein or in any separate agreements associated with this Agreement between FIDOT and Participant. 11. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. 12. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 13. This Agreement shall terminate upon disbursement by the Escrow Agent of all money held by it in the escrow account in accordance with the Instructions given by FDOT's Comptroller or designee and notification from FIDOT to Escrow Agent that the account is to be closed. The remainder of this page is blank. P516 IN WITNESS WHEREOF, the parties have dully executed the Agreement on the date(s) below. For FDO T (signature) For PARTICIPANT (signature) Name and Title 59-3024028 Federal Employer U). Number Date For Escrow Agent (signature) Name and Title Date Name Title F-596- )0-674-016 Federal 1� �ployer ILD�..NumbEr Date APPROVED ASTO FORM AN AL S F CY By WILLIA I MK.DE13RAAL DEPU poUNTYATTORNEY P517 RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF A THREE PARTY ESCROW AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, THE FLORIDA DEPARTMENT OF FiNANCIIALsEAVicts AND INDIAN RIVER COUNTY MR RIGHT-OF-WAY ACQUISITION, DEMOLITION AND RELOCATION ASSISTANCE FOR THE SR 60/43RD AVENUE PROJECT. WHEREAS, the construction improvements to the 431d Avenue/State Road 60 intersection, including the addition of turn lanes, drainage piping with drainage structures, signalization, signing and pavement markings from 1811 to 261h Street is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for right-of-way acquisition, including relocation expenses under the Locally Funded Agreement (LFA); and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to theState of Florida, Department of Transportation, a Three Party Escrow 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, a Three Party Escrow Agreement for the aforementioned project. The foregoing resolution was offered by Commissioner who moved its adoption. 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 BobSolari Commissioner Tim Zorc The Chairman thereupon declared the resolution passed and adopted this 1Sth day of August, 2017. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk p7V o r fficiency William K. DveBraal, Deputy County Attorney F:\Attorney\6111kCapft1 Projects\43rd Avenue Project\FDOT DocurnentskReSolUtIon FDOT Three Party Escrow Agreennent.doc P518 �IkR Office of Consent 0811512017 INDIAN RIVER COUNTY Dylan Reingold, County Attorney Williarn K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, Deputy County Attorney DATE: August 9, 2017 ATTORNEY SUBJECT: Subordination of County Utility Easements to the Florida Department of Transportation, for the SR 60143rd Avenue Project 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 (Project) with the cost of acquisition to be split equally between the parties. As a result of surveying and performing utilities locations, most of the utilities found in the area of the Project belong to the City of Vero Beach. However, two Indian River County Utilities easements have been found in the vicinity of the Project. They are located on the southeast comer of the intersection near Young's Produce. Current plans do not show these utility easements will be affected by construction, but as a precautionary measure, FDOT has asked the County to subordinate its interest in the utility easements to FDOT, just in case the easements or utilities will have to be relocated during the Project. Should the easements or utilities have to be relocated, FDOT is responsible for the cost of relocation. FUNDING. There is no impact to County funds as a result of the Subordination. RECOMMENDATION. Staff recommends the Board of County Commissioners abprove the Subordination of County Utility Easements for the Florida Department of Transportation, for the SR 60/43rd Avenue Project and approve the accompanying Resolution authorizing the Chairman to execute the Subordination on behalf of the Board. Attachments: Subordination of County Utility Easements Resolution Authorizing the Chairman to sign the Subordination of County Utility Easements Copy to: Richard B. Szpyrka, P.E., Public Works Director William. Johnson, P.E., Roadway Production Engineer Robin Brisebois, FDOT 3400 West Commercial Boulevard Fort Lauderdale, Florida 33309 P519 SUBORDINATION OF COUNTY UTILITY INTERESTS THIS AGREEMENT entered into this day of 1 201 1 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter called the COUNTY. I W I T N E S S E T H: WHEREAS, the COUNTY presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed in such lands by the COUNTY to the FDOT; and WHEREAS, the FDOT is willing to pay to have the COUNTY'S facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, COUNTY and FDOT agree as follows: COUNTY subordinates to the interest of FDOT its successors and assigns, any and all of its interest in the lands as follows, viz: Parcel No. 103 Item/Segment No. 4317591 A portion of Lot 20, Block 4, SUNNYSIDE PARK, according to the plat thereof, as recorded in Plat Book 1, Page 7 of the Public Records of Indian River County, Florida, lying in Section 3, Township 33 South, Range 39 East, as shown on Sheets 3 and 8 of the Florida Department of Transportation Right of Way Map for Item/Segment No. 4317591, Section 88060-2526, being more particularly described as follows: Commence at a PK nail, found marking the West One -Quarter (W 1/4) Corner of Section 3, also being a point on the Baseline of Survey of County Road 611 (43rd Avenue); thence North 00000125" East along the West line of said Section 3 and said Baseline of Survey of County Road 611 (43rd Avenue), a distance of 17.50 feet to a point on the Baseline of Survey of State Road 60 (20th Street); thence South 89031'04" West along said Page 1 of 6 P520 Baseline of Survey for State Road 60 (20th Street), a distance of SO.55 feet; thence South 00028'56" East along a line at a right angle to the previously described course, a distance of 67.68 feet to the intersection of the Southerly Existing Right of Way line of said State Road 60 (20th Street) and the Easterly Existing Right of Way line of said County Road 611 (43rd Avenue) and the POINT OF BEGINNING; being the beginning of a curve concave Southerly, having a chord bearing of North 85027109" East; thence Easterly along said Southerly Existing Right of Way line of State Road 60 (20th Street) and said curve, having a radius of 12.00 feet, through a central angle of 10'03'33", an arc distance of 2.11 feet to the end of said curve; thence South 89*31'04" East continuing along said Southerly Existing Right of Way line of State Road 60 (20th Street), a distance of 17.90 feet; thence South 45014'59" West, a distance of 26.17 feet to a point on said Easterly Existing Right of Way line of County Road 611 (43rd Avenue); thence North 00'01'01" East along said Easterly Existing Right of Way line of County Road 611 (43rd Avenue), a distance of 19.82 feet to the POINT OF BEGINNING. Containing 200 square feet, more or less. RECOPDED INSTRUMENT Easement Grant of Easement DATE GRANTOR I GRANTEE O.R.B.& PAGE 02/10/97 Heon Yong Kim Indian River County, O.R.B. and Aeja Kim, Florida, a political 1139, husband and subdivision of the PG. 0458 wife State of Florida 10/08/99 Heon Yong Kim Indian River County, O.R.B. and Aeja Kim, Florida, a political 1298, husband and subdivision of the PG. 2460 wife State of Florida PROVIDED that the COUNTY has the following rights: Page 2 of 6 P521 The COUNTY shall have the right to construct, operate, maintain, .improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT'S current minimum standards for such facilities as required by the FDOT, Utility Accommodation Manual in the effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FDOT. Should the FDOT fail to approve any new construction or relocation of facilities by the COUNTY or require the COUNTY to alter, adjust, or relocate its facilities located within said lands, the FDOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Not withstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The COUNTY shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such rights do not interfere with the operation and safety of the FDOT's facilities. 4. The COUNTY agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the COUNTY exercising its rights outlined in Paragraphs 1 and 3 above. Page 3 of 6 P522 IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Signed, sealed and delivered in the presence of witnesses Print Name: Print Name: STATE OF FLORIDA COUNTY OF BROWARD STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: GERRY O'REILLY Title: District Secretary for District IV Attorney approved as to form: Name: DAWN RADUANO The foregoing instrument was acknowledged before me this day of , 201_, by GERRY O'REILLY, District Secretary for District IV, who is personally known to me or who has produced as identification. Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Page 4 of 6 P523 Serial No., if any: 23-UTL.02-06/93 This instrument prepared Parcel No. 103.3 under the direction of: Item/Segment No. 4317591 Dawn Raduanoj Esq. Section: 88060-2526 Legal Description prepared by: Managing District: 04 Louis Cefolia, P.S.M. (04/15/16) S.R. No. 60 Document prepared by: County: Indian River Grace K. Abel (07/15/16) Department of Transportation Right of Way Production Services 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 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 said Board, the day and year aforesaid. Approved: By Jason E. Brown County Administrator Attest: Jeffrey R. Smith Clerk of Court and Comptroller By: Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY,:FLORIDA BY, Joseph E Flescher, Chairman BCC Approved: Page 5 of 6 P524 Approved as to form and legal sufficiency-, William K. DeBraal Deputy County Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of 1 2017, by Joseph E. Flescher, Chairman-, personally known to me or who has produced as identification. wno is Print Name: Notary Public in and for the County and State last aforesaid. My Commission Expires: Serial No., if any: Page 6 of 6 P525 RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN'S EXECUTION OF A SUBORDINATION OF COUNTY UTILITY EASEMENTS FOR THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE 43RD AVENUE/sTATE ROAD 60 PROJECT. WHEREAS, the construction improvements to the 43rd Avenue/State Road 60 intersection, including the addition of turn lanes, drainage piping with drainage structures, signalization, signing and pavement markings from 181h to 26 th Street ("Project") is an Indian River County priority project; and WHEREAS, the County has two utility easements that may be affected by the Project; and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, a Subordination of County Utility Easements for the aforementioned Project, in case the utility facilities need to be relocated should there be a conflict that arises during construction of the 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, a Subordination of County Utility Easements for the aforementioned project. The foregoing resolution was offered by Commissioner adoption. The motion was seconded by Commissioner vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Bob Solari Commissioner Tim Zorc who moved its and, upon being put to a vote, the The Chairman thereupon declared the resolution passed and adopted this 15th day of August, 2017. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency 10� ta2 Mi liam K. DeBraal, Deputy dbunty Attorney F.'\Attorney%Bi11NC&p1ta1 Proje�\43rd Avenue Projed\FDOT Dowments\Ftesolution FOOT Subordination of Utliffies.doc P526 E Indian River County Sheriff s Office August 1, 2017 Mr. Joseph E. Flescher, Chairman Indian River Board of County Commissioners 1801 271h Street Vero Beach, FL 32960 Re: P.G.I. Request — County Fund 126 Dear Chairman Flescher: Florida Statute 932.7055, the Florida Contraband Forfeiture Act, provides that proceeds and interest earned from the forfeiture of real or personal property shall be used for providing additional equipment and may not be used to meet normal operating expenses of the law enforcement agency. These funds are the direct result of our deputies' diligent law enforcement efforts and are derived mainly from drug related offenses. None of the funds are derived from county tax dollars. Please consider this letter as a request for transfer of $25,035.45 to the Indian River County Sheriff s Office. These funds will be used to purchase required aviation survival equipment, video capture kit for helicopter flashback system, and a video capture system for interview room. Please place this item under Constitutional Officers for the August 15, 2017 board agenda. If you have any questions or require additional information, please contact me at 978-6404. Thank you for your consideration. Sincerely, Deryl Loar, Sheriff DL:nrnj cc: Jason E. Brown, County Administrator Mike Smykowski, OMB Director Kelly Goodwin, Comptroller 4055 41st Avenue - Vero Beach, FL 32960 9 (772) 569-6700 a www�ircsheriff.org 209--E' P527 Aviation Survival 274 West Drive Melbourne, Florida 32904 www.aviationsurvival.com PH: 321-821-4724 Fax: 321-821-4725 BUI To M Cannon Ind -ton Rover County Sheriff mmnmn@ircshefiff.org INumber '] I Palo 1 0126=51 Sfiip To M Cannon Indian Rover County Sheriff munnon@i=heriff.org TBD 305-2M247 FedEx Ground oly Pan # Dese - ri . Is fon PrIce Dis.count Amunt 5.0D AV621 SvAtkk X -Back Air Crew Vast S- 7200-50 (Orange) S379.00 Contact; Nate Harrison 843-958-1402 S1,895.00 S.00 AV346 Aqualuna 2.0 - 20"- MK - Dial $679.00 $3.395.00 5.00 AV504 ACR Resol-Ink PLS S249.00 S1.14S.00 5.00 AV1270 ACR - Firefly PRO SOLAS S6B.99 93".95 15.00 SEA Convertible Pouch $99.00 1 $495.00 16.OD I JAH In One Pocket - Right 1$64.00 1 JS320.00 3ANK Bank Address: 100 Calhoun St T: PNCCUS33 Charleston, SC 29401 igfiO43000096 ACCO 1211905074 on Survival Contact; Nate Harrison 843-958-1402 P528 I!D Mobile -Vision, Inc. 400 Commons Way: Rockaway. NJ 07866 T. 973A5M562 F. 973-257-3024 ISold To Indian River County Sheriffs Office Mike Ro7jer 4055 41st Avenue Vero Beach. FIL 32960 Number 207539762 Date July 11, 2017 Ship To Indian River County Sheriffs Office Mike Rozler 4055 41st Avenue Vero Beach. FL 32960 Phone 772-978-6260 date cannot be prixessed with Phone 772.978-6260 Fax 772-978-6263 SubTotal Fax 772-970-6263 Salesperson P.O. Number Ship Via jerms Spencer Crane None jILJnejC�L_SKIlJ __j Description I Unit Pricel EXLPrIce I Comments 1 3 FBMKSA32ZSNIK4 FlashbaciHD Syst, 32G8SD. OZ Cam. $4.316.00 $12.946-00 2017 Isixanotional Pricing waive your shipping terms and ship this order FOB Rockaway. NJ - VLX, SW -Mon, Signed: Dated: BIk-thm-hoIe,MfVwIfIfGPS Ant Trunk Mount 2 3 MVE)-FB-EMA-IY Flashback, In -Car video System, I Year $299.01) 10-00 2nd Year EMA - 2017 Warranty, Promotional Pricing 'Promotional Pricing Valid through December 29th 2017. We regret that orders received In after that date cannot be prixessed with promotional pricing' SubTotal 12,948.00 Signing below is in lieu of a formal Purchase Order. Your signature will authorize acceptance of both pricing and product Tax TBD Signed: Dated: S&H Total 150.00 13,098.00 L-3 Shipping Terms am FOB Rockaway. NJ. By signing below you agme to waive your shipping terms and ship this order FOB Rockaway. NJ - Signed: Dated: Quotation is valid (or 60 days from date issued. 71he technology desained herein Is controlled under the Export Administration Regulation (EAR) and may not be exwrted wilhOLd proper authorization by the U.S. Department of Comrnerco. StalefLocal Fees and Taxes are not incitnIed. 0711112617 3:26 not Page I of I P529 1 ]5 Mobile -Vision, Inc. 400 Commons Way, Rockaway. NJ 07866 T. 973453-8562 F. 973-257-3024 ISold To Indian River County Sheritre Office Andy Collier 4055 41st Avenue Vero Beach, FIL 32960 Phone 772-978-6171 Fax 772-778-8172 QUOTE Number 207528777 Date July 12, 2017 IShip To I Indian River County Sheriffs Office Andy Collier 4055 41st Avenue Vero Beach, FL 32960 Phone 772-978-6171 Fax 772-778-8172 *Pmmotional Pricing Valid through Dec*rmber 29th 2017. We regret that orders received in after that date cannot be processed with Signing below is in lieu of a formal Purchase Order. Your signature will authorize acceptance of both pricing and product: ISigned: Dated: - I L-3 Shipping Terms are FOB Rockaway, NJ. By signing below you agree to waive your shipping terms and ship this order FOB Rockaway, NJ. Signed: Dated: Salesperson P.O. Number Ship Via Terms Tax Spencer Crane None 50.00 Line city SKU Description I UnItPricel ExtPrice I - Comments I I MVD-FBH-INTR FlashbackHD Interview room base kit - $2.796.00 $2.796.00 2017 ftmotional pricing Includes the DVR, 16GS So card, Monitor, Power supply, I Interview room microphone, cable Idt, and hardware, kit. V�LINTMONDVR-Y. 2 1 MVD-FS-EMA-1Y FlashbacK In -Car Video System, I Year $299.00 $0.00 2nd Year of EMA - 2017 Warranty promotional Pricing 3 1 FBHAZA-INTR HID Comm, Interview mom assembly $660.25 $560.25 based on the lox optical Camara 4 1 MVD-PLEN50.CSL 50'Plenum COAX cable Win 8NC $166.25 $166.25 terminations for use with HD oamena 5 1 ANSTALLATION Sales - Installation FB New $570.00 $570.00 Installation to be preformed by Rapid Sexamly Solutions *Pmmotional Pricing Valid through Dec*rmber 29th 2017. We regret that orders received in after that date cannot be processed with Signing below is in lieu of a formal Purchase Order. Your signature will authorize acceptance of both pricing and product: ISigned: Dated: - I L-3 Shipping Terms are FOB Rockaway, NJ. By signing below you agree to waive your shipping terms and ship this order FOB Rockaway, NJ. Signed: Dated: Quotation s valid for 60 days froin date issued. The technology described herein is controlled under the Export Administration Regulation (EAR) and may not be exported vAthout proper auhor�tion by Ihe U.S. Departmem of Commerce. Statell-ocal Fees and Taxes are not included. 0711212017 12:47 pm Page I of 1 P530 SubTotal 4,192.50 Tax TBD S&H 50.00 Total 4,242.50 Quotation s valid for 60 days froin date issued. The technology described herein is controlled under the Export Administration Regulation (EAR) and may not be exported vAthout proper auhor�tion by Ihe U.S. Departmem of Commerce. Statell-ocal Fees and Taxes are not included. 0711212017 12:47 pm Page I of 1 P530 Dylan Reingold, County Attorney \Va= K. DcBraal, Deputy County Attorney Kate Pingoit Cotner, Assistant County Attorney /04( Public Hearings -B.CC 8.15.17 Office of INDIAN RIVER COUNTY ATTORNEY 01 U �101 . k �)u TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney�(" DATE: July 25, 2017 SUBJECT: Medical Marij uana Ordinance BACKGROUND. In 2016, in anticipation of the vote on Amendment 2, the Indian River County Board of County Commissioners (the "Board") adopted regulations concerning medical marijuana treatment centers. These regulations were adopted in both Chapter 315 of the Indian River County Code of Ordinances and the Indian River County land development regulations. During the 2017 Special Session, the Florida Legislature adopted medical marijuana legislation. Such legislation preempted local governments from regulating the cultivation, processing and delivery of medical marijuana. The legislation did provide local governments with two options with respect to medical marijuana treatment center dispensaries ("Dispensaries'). Local governments are permitted to either ban Dispensaries or may allow Dispensaries, but have the location and permitting of Dispensaries in the same manner as that of a pharmacy. Per state law, if a local government allows Dispensaries, there are state mandated distance requirements from schools. Governor Scott signed the bill into law on Friday, June 23, 2017. On June 13, 2017, the Board indicated that it was interested in pursuing a ban on Dispensaries, but requested that the County Attorney's Office coordinate with the municipalities and the other counties within the Central Region, in which Indian River is located. On June 20, 2017, the County Attorney's Office provided an update to the Board. The City of Sebastian indicated that it intends to allow Dispensaries. The City of Vero Beach intends to prohibit Dispensaries, however, grandfather in one already approved location. Town of Indian River Shores and the City of Fellsmere indicated they intend to prohibit Dispensaries. Based on the availability of Dispensaries in Indian River County, the Board directed the County Attorney's Office to draft language for a proposed ordinance banning Dispensaries in the unincorporated areas of Indian River County and present that language to the Board at the July 111 Board meeting. On July 11 ", the Board authorized the County Attorney's Office to schedule a public hearing on the draft ordinance for August 15'. CCLIV�M—We"M�J� � �� Pv�K�Wko P531 Board of County Commissioners July 25, 2017 Page Two The draft ordinance prohibits Dispensaries in the unincorporated areas of Indian River County. Additionally, the draft ordinance indicates that any language in the Indian River County Code of Ordinances contrary to such prohibition are repealed. Finally, the draft ordinance would remove references to medical marijuana in Chapter 315 of the Indian River County Code of Ordinances. Please be aware that there are regulations of medical marijuana still remaining in the County's land development regulations, which would be removed through the land development regulation amendment process. FUNDING. The cost of publication of the required public notice for the public hearing was $160.89. This cost was funded from the County Attorney's Office budget within the General Fund (account number 00 110214- 033190). RECOMMENDATION. The County Attorney's Office recommends that the chair open. the public hearing and take any public comment and then vote to approve the draft ordinance. ATTACIHMENT(S). Draft Medical Marijuana Ordinance CCWI�M-�. � � �& H�� L#J P532 ORDINANCE NO. 2017 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING CHAPTER 306 OF THE CODE OF INDIAN RIVER COUNTY ENTITLED "MISCELLANEOUS OFFENSES AND PROGRAMS" TO CREATE SECTION 306.15 "MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES PROHIBITED" AND AMENDING CHAPTER 315 OF THE CODE OF INDIAN RIVER COUNTY ENTITLED "INDIAN RIVER COUNTY PAIN MANAGEMENT CLINIC AND CONTROLLED SUBSTANCES ORDINANCE" TO ELIMINATE REGULATIONS AND PROHIBITIONS OF CERTAIN ACTIVITIES RELATING TO MEDICAL MARIJUANA; AND PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, in 2011, the Indian River County Board of County Commissioners (the "Board") created Chapter 315 of the Code of Indian River County entitled "Indian River County Pain Management Clinic and Controlled Substances Ordinance"; and WHEREAS, in anticipation of Amendment 2, allowing forthe use of marijuana for certain medical conditions on the November 8, 2016 ballot, the Board adopted regulations to prevent a proliferation of medical marijuana distribution facilities; and WHEREAS, during the 2017 Special Session, the Florida Legislature enacted a bill preempting most local government regulation of medical marijuana; and WHEREAS, local governments are allowed to either ban medical marijuana treatment center dispensing facilities or allow them in the same manner as the local government would allow a pharmacy regulated under Chapter 465, Florida Statutes; and WHEREAS, as the City of Sebastian will allow medical marijuana treatment center dispensing facilities and the City of Vero Beach intends to grandfather in one medical madjuana treatment center dispensing facility, the Board acknowledges that citizens of Indian River County have adequate access to such facilities and thus wishes to prohibit medical marijuana treatment center dispensing facilities in the unincorporated areas of Indian River County; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authoritv. P533 ORDINANCE NO. 2017 - Article Vill, 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. Leoislative Findinns. 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 306 (Miscellaneous Offenses and Programs). Chapter 306 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): CHAPTER 306. MISCELLANEOUS OFFENSES AND PROGRAMS Section. 306.16. Medical Marlivana Treatment Center DisDensina Facilities Prohibited. Medical Mariouana Treatment Center Dispensing Facilities as defined under section 381.986, Florida Statutes, shall be prohibited in the unincorporated areas of Indian River County. Any ordinances or other provisions of the Code of Indian River County to the contrary are repealed. Section 4. Amendment of Chapter 316 (Pain Management Clinics and Controlled Substances). 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): CHAPTER 315. PAIN MANAGEMENT CLINICST AND CONTROLLED SUBSTANCES AND MEDICAL M A RI "' A N A Section. 315.02. Definitions. For the purposes of this chapter, the following terms shall have the following meanings (1) Pain management clinic shall mean any publicly or privately owned facility: that advertises in any medium for any type of pain management services; or where in any month a majority of patients are prescribed opioids, benzodiazepines, barbiturates, or carisoprodol for the treatment of chronic P534 ORDINANCE NO. 2017 - nonmalignant pain.; OF any MediGal Maquana Treatment Genter as; definAd belov, unless: a. The clinic is licensed as a facility pursuant to chapter 395, Florida Statutes; b. The majority of physicians who provide services in the clinic primarily provide surgical services; c. The clinic is owned by a publicly held corporation whose shares are traded on a national exchange or on the over-the-counter market and whose total assets at the end of the corporation's most recent fiscal quarter exceeded $50 million; d. The clinic is affiliated with an accredited medical school at which training is provided for medical students, residents or fellows; e. The clinic does not prescribe or dispense FnaF4uana e controlled substances for the treatment of pain; or f. The clinic is owned by a corporate entity exempt from federal taxation under 26 U SC section 501 (c)(3). Any clinic or facility meeting the definition above shall be considered a pain management clinic, regardless of its use of any other descriptive name, such as a center for "wellness," "detox," "detoxification," "urgent care," etc. (2) Applicable law shall mean this Code, applicable Florida law, including, without limitation, rules and regulations promulgated by the Florida Department of Health, the Florida Board of Medicine, the Florida Board of Osteopathic Medicine, the Florida Board of Pharmacy, and applicable federal law. (3) Board shall mean the Indian River County Board of County Commissioners. (4) Controlled substance shall mean a controlled substance listed in Schedules 11, 111, or IV in section 893.03, Florida Statutes. (5) Chronic nonmalignant pain shall mean pain unrelated to cancer or rheumatoid arthritis which persists beyond the usual course of disease or the injury that is the cause of the pain or more than 90 days after surgery. P535 ORDINANCE NO. 2017- (6) Department shall mean the Indian River County Community Development Department. (7) Reserved. Manjuana shall Fnean nanna-bis as defiRed- in RertieR 993002(3), PeFida Statutes. The teFFn shall 'Rrl--dp "WA; THC rannabis," as defin d e SeGtion 381.986(l)(b), Florida Statute& (8) Reserved (9) Pharmacy shall mean any pharmacy that is subject to licensure or regulation by the Florida Department of Health under chapter 465, Florida Statutes, and dispenses controlled substances in Indian River County. (I O)Pain Clinic Responsible Party shall mean any person or entity which owns, in whole or in part, or operates a pain management clinic; any person who manages or supervises the operations of a pain management clinic; any person who has been designated as the responsible physician 'or osteopathic physician for a pain management clinic, pursuant to 458.3265(l)(c) or 459.0137(l)(c), Florida Statutes; and any person who participates, directly or indirectly, in any activity regulated or prohibited by this chapter. iljlPharmacy Responsible Party shall mean any person or entity which owns, in whole or in part, or operates a pharmacy engaged in activity regulated or prohibited by this chapter; any person who manages or supervises any activity regulated or prohibited by this chapter; and any person who participates, directly or indirectly, in any activity regulated or prohibited by this chapter. (1 2)Qualffled pain management clinic shall mean: a. A pain management clinic which is wholly owned and operated by one or more board-certified anesthesiologists, physiatrists, or neurologists; or P536 M""M TIN Mor- .. . ... ............ i- e off _.1M M= . .......... _e e- Z_ t .. (9) Pharmacy shall mean any pharmacy that is subject to licensure or regulation by the Florida Department of Health under chapter 465, Florida Statutes, and dispenses controlled substances in Indian River County. (I O)Pain Clinic Responsible Party shall mean any person or entity which owns, in whole or in part, or operates a pain management clinic; any person who manages or supervises the operations of a pain management clinic; any person who has been designated as the responsible physician 'or osteopathic physician for a pain management clinic, pursuant to 458.3265(l)(c) or 459.0137(l)(c), Florida Statutes; and any person who participates, directly or indirectly, in any activity regulated or prohibited by this chapter. iljlPharmacy Responsible Party shall mean any person or entity which owns, in whole or in part, or operates a pharmacy engaged in activity regulated or prohibited by this chapter; any person who manages or supervises any activity regulated or prohibited by this chapter; and any person who participates, directly or indirectly, in any activity regulated or prohibited by this chapter. (1 2)Qualffled pain management clinic shall mean: a. A pain management clinic which is wholly owned and operated by one or more board-certified anesthesiologists, physiatrists, or neurologists; or P536 ORDINANCE NO. 2017- b. A pain management clinic which is wholly owned and operated by one or more 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. Except as otherwise provided, a qualified pain management clinic shall be deemed to be a pain management clinic for all purposes set forth herein. Section 315.03. Prohibited Activities. Each of following activities shall be prohibited and shall constitute a violation of this Code: (1) Operation of a pain management clinic without a valid and current permit issued pursuant to section 315.04; (2) Operation of a pain management clinic without a valid and current business tax receipt; (3) Operation of a pain management clinic without a valid and current registration pursuant to sections 458.3265 or 459.0137, Florida Statutes -,OF FegisteFed by the DepaFtment of Health OF its 6uooeSSGF ageney, puFsuant to AFt*Gle X, Sestmen 29 of the Flerida Ganstit, ition, unless such clinic is exempt from re gistration under such statute OF the WeFWa G o nstitution-1 (4) Submittal of a permit application, any sworn statement, or any other information required by this chapter, which contains materially false information; (5) Operation of a pain management clinic in violation of a sworn statement submitted to pursuant to sections 315.04 or 315.05; (6) Operation of a pain management clinic or pharmacy in violation of applicable law; P537 ORDINANCE NO. 2017- (7) Prescribing or dispensing of controlled substances 9F FnaFijuana in violation of applicable law; (8) Activity within a pain management clinic with respect to a controlled substance in violation of the standards of practice set forth in section 456.44(3), Florida Statutes; (9) Operation of a pain management clinic in violation of the facility and physical operations requirements, the infection control requirements, the health and safety requirements, the quality assurance requirements or the data collection and reporting requirements set forth in sections 458.3265(2)(0-0) and 459.0137(2)(f)-0), Florida Statutes, as applicable; (10) Prescribing, administering or dispensing a controlled substance without a valid and current controlled substance registration number issued by the United States Department of Justice, Drug Enforcement Administration-, (11) Operation of a pain management clinic or pharmacy in a manner which allows, permits or encourages persons to stand, sit (including insideparked cars), gather or loiter in or about the clinic's parking area, for a period of time exceeding that which is reasonably required to arrive and depart the parking area, and to walk to and from the parking area and the clinic; (12) Continued leasing or permitted use of a property or structure which is used as a pain management clinic or pharmacy if (a) the landlord or property owner knows or, through the exercise. of reasonable care should know, that the clinic or pharmacy is being operated in violation of applicable law, and (b) despite the passage of a reasonable period of time to do so, the landlord or property owner has failed or refused to take reasonable measures to stop or prevent the continued illegal activity on the premises; or (13) Failure to advise the Department of any change in any information, statements, facts or circumstances, as required by section 315.04(10). .......... !!111!:Illlllllllllllllllllllililillilljlllllllllilillillillillillilillil'l:llillil! ___ - .., ............ 4 �6 P538 ORDINANCE NO. 2017- ra!^Y!M@M ... ........ . .. . .......... 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 shall 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 eaGh person who wall be aGqUiFiRg, P . -1 pmGessing, tFaAGfeFF"Ag, selling, distFibut"Rg oF dispensing FAaFquana 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(l)(c) or 459.0137(l)(c), Florida Statutes, if applicable; .7 P539 ORDINANCE NO. 2017 - 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 OF FegisteFed as 6 MediGal MaFijuana TFeatmen G9RteF, puFGuant to AFtiGle X, SeGtden 29 ef the Florida GenrWi AiQR; 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; 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 mariouana in violation of applicable law; and 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. 1" M -TUT" rT.-r=M Mn F-Tpr-T= .. . ........... .................. rM . . ............. .......... . ...... 9 � Ize . ........ & OM.—�aW� �Af�� MMI -d�8 P540 ORDINANCE NO. 2017- (3) Abbreviated application for qualified pain management clinics that do not aGquwFe--,, possess, pr�aGei;s (inr.164Rg developmeRt 9f Felated PFGdUGtG 6UGh as �99d, tiFiGtuFes, aerosols, 0*16, 9F eintments), tFansfeF, tFaRSPOFt, sell, distitibute a di6peRse FAaFiJuana, PFGdUGtG GGRtaiRiRg Fnarijuana, related supplies, OF eduGaVenal rngtpriAls to qualifyiRg patients oF their GaFeq In lieu of completing the application form described in subsection (2), a qualified pain management clinic that dees Rot I . I . I PFeGes6 (inGlwd44g developmeRt 9f F81ated pFedurts sush as feed, tiRGklres, aeFOGGIS, 0*16, OF Gin#%M6), tFaR61eF, transport, sell, di&*Wte OF dispense FRafij pentaining Fnai:ijuaRa, Felated supplies, oF edunational matA patients OF theiF eaFegivem requesting issuance of a pain management clinic permit may 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 the owner of the pain management clinic; c. The name and address of all physicians who will be prescribing controlled substances at the pain management clinic; d. Proof that the pain management clinic meets the definition of a "qualified pain management clinic" which proof may consist of written verification or confirmation from the State of Florida that the pain management clinic is exempt from state registration pursuant to [F.S.] §§ 458.3265(l)(a)2g or h or 459.0137(l)(a)2g or h; and e. A sworn statement certifying that the pain management clinic, and every other clinic owned or operated by any person identified pursuant to subsections b or c above, will, during the term of the permit, be operated in compliance with applicable law. (4) Permit Application Fee. A permit application fee shall be paid by the applicant at the time of submittal of the application, including renewal. The amount of the fee shall be set by resolution of the Board. The amount shall be sufficient to recover the County's approximate cost of reviewing and acting upon the application. (5) Denial of Application. The application for a pain management clinic permit shall be denied if any of the following facts are found to exist and are not cured within ten (10) days of written notice of such deficiency: a. The applicant fails to pay the required permit application fee; or P541 ORDINANCE NO. 2017- b. The applicant fails to submit all information and statements required in subsection (2) or (3) above, or the applicant has submitted such information and statements but such information and statements are found to contain materially false information. (6) Issuance of Permit. The Department shall issue the permit within twenty (20) days of submittal of a fully complete application, if the applicant has submitted all information required in subsection (2) or (3) and none of the facts set forth in subsection (5) is found to exist. (7) Term of Permit. A pain management clinic permit shall remain in effect for a term of two (2) years. Thereafter, a permit shall be subject to renewal in the same manner that permits are issued initially as set forth in subsections (2) through (6). (8) Appeal. If an application for issuance or renewal of a pain management clinic permit is denied, the applicant shall have the right of appeal as set forth in section 100.06 of this Code. The denial shall be considered a decision of a department head for the purpose of applying section 100.06. An appeal fee shall be paid by the applicant at the time of filing an appeal to the Board. The amount of the fee shall be set by resolution of the Board. The amount shall be sufficient to recover the County's approximate cost of reviewing and acting upon the appeal. (9) Revocation of Permit. A pain management clinic permit shall be subject to revocation in proceedings before the Indian River County Code Enforcement Board or any court of competent jurisdiction, in the event that: a. The information or statements submitted to obtain issuance or renewal of the permit contained materially false information; b. The permit holder, or any Pain Clinic Responsible Party, has engaged in activity prohibited by section 315.03; c. The permit holder, or any Pain Clinic Responsible Party, 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 OF mai:ijuana in violation of applicable law; or d. The permit holder, although required to be registered, is no longer registered with the Florida Department of Health, pursuant to sections 458.3265 or 0 P542 ORDINANCE NO. 2017- 459.0137, Florida Statutes, OF FegisteFed as a MediGal MaFijuam; Treatment GenteF, pumuant te AFtiele X, Sestie-n 29 ef the Fle-Fida Constitution, or no longer holds a current business tax receipt for a pain management clinic, or the controlled substance registration issued by the United States Department of Justice, Drug Enforcement Administration to any person prescribing, administering or dispensing controlled substances at the pain management clinic has been suspended, revoked or denied renewal. (10) Emergency Suspension of Permit. Upon clear and convincing proof that one or more of the events set forth in subsection (9) have occurred, and upon a finding that continued operation of the pain management clinic presents an immediate dangerto the health, safety and welfare of the residents of Indian River County, the Department shall be authorized immediately to suspend the pain management clinic's permit. In such event, the permit holder shall have the right of appeal as set forth in section 100.06 of this Code. The suspension shall be considered a decision of a department head for the purpose of applying section 100.06. All aspects of the appeal shall be expedited. An appeal fee shall be paid by the applicant at the time of filing an appeal to the Board. The amount of the fee shall be set by resolution of the Board. The amount shall be sufficient to recover the County's approximate cost of reviewing and acting upon the appeal. Any emergency suspension pursuant to this subsection shall continue for a period not to exceed six (6) months; provided, however, that if revocation of the permit is sought, the Code Enforcement Board or court of competent jurisdiction in which the revocation request is pending may extend the suspension beyond six (6) months until completion of the revocation proceedings, if necessary to protect the health, safety and welfare of the residents of Indian River County. (11) Change in Information or Statements. The permit holder shall notify the Department in writing of any change in any information or statements submitted pursuant to subsections (2) a. — hi. or (3)a. — d. above, or of any change in any facts or circumstances such that any information or statements submitted pursuant to subsections (2) a. — hi. or (3)a. — d. are no longer completely true and accurate. Such notification shall be provided within thirty (30) days of the change. Section 5. 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. P543 ORDINANCE NO. 2017 - Section 6. 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-leftered and the word ordinance may be changed to section, article or such other appropriate word or phrase in order to accomplish such intention. Section 7. 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 22nd day of July, 2017, for a public hearing to be held on the 1 5th day of August, 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 Bob, Solari Commissioner Tim Zorc The Chairman thereupon declared the ordinance duly passed and adopted this 15th day of August, 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court Approved as to form and legal sufficiency: and Comptroller By: Deputy Clerk Dy$a�eingold, County Attorney EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the day of 2017. P544 lo,AJ- * a Ma ac Maine ap- O=rC ' Jus s of va=n day, and p e=na es =eon voters in Florida, Arkansas, North Dakota and Montana Vbacked proposals on medicinal use, marking a sweeping referendum in favor of pot use. Only voters in Arizona, by a narrow margin, rejected an effort to expand legal use of the drug. While marijuana remains illegal at the federal level, pot is now law- ful for recreational use in eight states plus the District of Columbia, an d fo t i rr�di eirial u s -e' m' � 6 states pl u s D.C. And that appears to be a reflection of the rapidly changing mood in America. Nationwide, -86-1*rcent of people think marijuana should be allowed -for medicinal use, according to a fall 2016 Gallup poll. The mason: The May6_Clirfic says pot has pbUible bYn-efits for those with 'chronic pain, epilepsy andseizures, glaucoma, CroluYs disease, nausea related to canceFtiMtru6nts and several other maladies. Another Gallup poll from 2015 showed that among those born be - tween 1951 and 1965, support for legalization had risen from 35 percent to 58 percent since 2061; among those born between 19W and 1950, it had risen from 29 percent to 40 percent More states are likely to follow in 2018, with ballot measures for approvingrecreational use expected in Vermont, Rhode Island, Mich- igan, Delaware and Connecticut. Among Americans ages 50 to 64, over halfreported m the 2015 National Survey on DrugUse and Health having smoked marijuana at some point in their lifetime, while 22 percent agp 65 -plus say they have done so. Lef AARP 13ULLET IN!/ Real Possibilities JA�NU A RY-FEBRUAP' /?644 - i, COUNTY ADMINISTRATOR MATTERS INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boyll Director of Human Resources DATE: August 8, 2017 SUBJECT: Executive Session — 1AFF Local 2201 Staff has been collectively bargaining with the lAFF union concerning a general wage increase for FY2017-18. Staff has scheduled an executive session (as allowed under F.S. 447.605) with the Board to discuss negotiations at 10:00 am, August 15, 2017. This meeting is exempt from F.S. 286.011. Members of the bargaining committee that will be present at the executive session include: Suzanne Boyll, Director of Human Resources; Michael Zito, Assistant County Administrator; John King, Emergency Services Director; Brian Burkeen, Emergency Services Assistant Chief; and Michael Smykowski, Director of Management and Budget; as well as the County Administrator, Jason E. Brown. P545 /0 COUNTY ADMINISTRATOR MATTERS INDIAN RIVER COUNTY MEMORANDUM TO: Jason Brown County Administrator FROM: Suzanne Boy] I Director of Human Resources DATE: August 8, 2017 SUBJECT: Executive Session — Teamsters Local 769 Staff has been collectively bargaining with the Teamsters union concerning a general wage increase for FY2017-18. Staff has scheduled an executive session (as allowed under F.S. 447.605) with the Board to discuss Teamsters negotiations. The session will immediately follow the lAFF executive session scheduled for 10:00 a.m., August 15,2017. This meeting is exempt from F.S. 286.011. Members of the bargaining committee that will be present at the executive session include: Suzanne Boyll, Director of Human Resources; Michael Zito, Assistant County Administrator; and Michael Smykowski, Director of Management and Budget; as well as the County Administrator, Jason E. Brown. E P546 INDIAN RIVER COUNTY, FLORIDA M EMORANDUM I ((� TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka, P.E., Public Works Dlrector�3) FROM: Monique Filipiak, Land Acquisition Specialist & SUBJECT: Sale of Indian River County Annex Building a/k/a Old Library 1028 20d' Place, Vero Beach, Florida 32960 DATE: August 9, 2017 Youth Guidance Donation Fund of Indian River County, Inc. has been leasing,a portion of the Annex Building since 2012. Youth Guidance approached the County in reference to purchasing the Annex Building in order to continue operations at the location. They made an offer of $225,000. The building was appraised by Armfield Wagner Appraisal, Inc. The "as is" appraised value is $350,000. The building is in need of repairs and maintenance to the roof and air-conditioning systems, and the repairs are estimated to be $200,000.00 The proceeds from the sale will be used in accordance with Ordinance No. 92-07 placing restriction on the proceeds from the sale of the old library site. In addition, Florida state statues Section 125.38 allows for the private sale for the purposes of promoting community int erest and welfare to a not for profit organization for such price as the board may fix. An addendum to the Agreement to Purchase and Sell Real Estate is being drafted to include the phones and furniture being included in the sale. RECOMMENDATION Staff recommends approval of the sale of the Annex Building to Youth Guidance and recommends adopting the Resolution and authorizing the Chairman to execute the Agreement to Purchase and Sell Real Estate. ATTACHMENTS One Original Agreement to Purchase and Sell Real Estate One Original BOCC Resolution APPROVED AGENDA ITEM FOR: Auaust 15, 2017 F:\Engineering\Monique Filiplak\1ndlan River County Annex\Sale of IRC Annex Bldg Agenda Item\1ndlan River County Annex Building Sale BOCC Memo 08.07.17.doc P547 AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of August , 2017, by and between the Seller, Indian River County, ("County"), a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FIL 32960; and the Buyer, Youth Guidance Donation Fund of Indian River County, Inc., a Florida notfor profit corporation, ("Youth Guidance"), whose address is P. 0. Box 121, Vero Beach, Florida 32961. WHEREAS, the County is the owner of real property located at 1028 20th Place, Vero Beach, FIL 32960, commonly known as the Old Library; and WHEREAS, Youth Guidance is a not for profit corporation organized for the purpose s of providing mentoring and activities programs foryouths of Indian River County and thereby promotes community interest and welfare for the citizens of Indian River County� and WHEREAS, Youth Guidance has been occupying a portion of the Old Library property under a lease since 2012, and occupied the property without a formal written lease for the several years prior to 2012; and WHEREAS, Youth Guidance has approached the County with an offerto purchase the entire Old Library property; and WHEREAS, the Old Library is notneeded for County purposes anclYouth Guidance desires to use the Old Library to continue to promote community interest and welfare; and WHEREAS, the Board of County Commissioners of Indian River County has adopted a resolution approving this sale of county owned property pursuant to Section 125.38, Florida Statutes (2017), NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter recited, the County and Youth Guidance agree as follows: 1 . Agreement to Purchase and Sell. The County hereby agrees to sell to Youth Guidance, and Youth Guidance hereby agrees to purchase from County, upon the terms and conditions set forth in this Agreement, that certain parcel of real property located at 1028 20th Place Vero Beach, FIL 32960 and more specifically described on Exhibit "A" attached hereto and incorporated by reference, containing approximately 0.81 acres, and all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2. Purchase Price, Effective Date. The purchase price ("Purchase Price") for the P548 Property shall be two hundred twenty-five thousand dollars ($225,000.00). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County approves the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. County shall convey marketable title to the Property by County Deed free of claims, liens, easements and encumbrances of record or known to County; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents Buyer's intended use and development of the Property ("Permitted Exceptions"). 4. Representations of the County. 4.1 County is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, County shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of Youth Guidance. 4.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event Youth Guidance shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to Youth Guidance at or prior to the Closing Date; or (ii) waive the Buyer's default and proceed to Closing. Neither the County nor any other person or party shall have any claim for specific performance, damages, or otherwise against Youth Guidance. 5.2 In the event the County shall fail to perform any of its obligations hereunder, Youth Guidance shall, at its sole option, be entitled to terminate this Agreement by written notice delivered to the County at or prior to the Closing Date or (ii) waive the County's default and proceed to Closing. Thereupon neither Youth Guidance nor any other person or party shall have any claim for specific performance, damages or otherwise against the County. 6� Closing. P549 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 30 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows: (a) The County shall execute and deliver to Youth Guidance a County Deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) Aside from the personal property conveyed to Youth Guidance by the County under separate agreement, the County shall have removed all of its personal property and equipment from the Property and the County shall deliver possession of the Property to Youth Guidance vacant and in the same or better condition that existed at the Effective Date hereof. (c) If County is obligated to discharge any encumbrances at or priorto Closing and fails to do so, Youth Guidance may use a portion of Purchase Price funds to satisfy the encumbrances. (d) The County and Youth Guidance shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the County. 7. Closing Costs: Expenses. Youth Guidance shall be responsible for preparation of all Closing documents. 7.1 Youth Guidance shall pay the following expenses at Closing: 7.1.1 The cost of recording the County Deed and any release or satisfaction obtained by County pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the County Deed. 7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 7.1.4 Current taxes which are not yet due and payable. 7.2 County shall pay the following expenses at or prior to Closing: 7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the permitted exceptions. and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property, . 3 - P550 Miscellaneous. 8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 8.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the County and Youth Guidance relatingto the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 8.3 Assignment and Binding Effect. Neither Youth Guidance nor County may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 8.4 Notices. Any notice shall be deemed duly served if personally served or if nialled by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to Youth Guidance: Youth Guidance Donation Fund of Indian River County, Inc. P� 0. Box 121 Vero Beach, Florida 32961 Phone: --)-JJ --nt) . lic) q r) Fax: '7-) C� Email: tibi)rr'ie-0-5)40���pro3rami-ort 3 If to County: Indian River County Attorney's Office 180127" Street Vero Beach, FL. 32960 Phone; 772-226-1426 Fax: 772-569-4317 bdebraal@ircgov.com Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. P551 8.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.7. Counterparts. This Agreement maybe executed in two or more counterparts, each one of which shall constitute an original. 8.8. County Approval Required. This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 9.0 Property is Beina sold "Where Is, As. Is". The County makes no guaranty or warranty as to the Property or any of its structures or its contents. The sale is not contingent upon Youth Guidance obtaining financing. This sale is not contingent upon a satisfactory inspection report. Youth Guidance's initials <t -%P IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. YOUTH GUIDANCE DONATION FUND OF INDIAN RIVER COUNTY, INC. Print Narpe Title: L�on Linf'k, Date Signed by Buyer: Approved as to form and legal sufficiency. William K. DeBraal Deputy County Attorney -5- INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: Joseph E. Flescher, Chairman Date BCC Approved: Attest: Jeffrey R. Smith, Clerk of Court and Comptroller a Deputy Clerk P552 EXHIBIT "A" 1028 20'h PLACE, VERO BEACH, INDIAN RIVER COUNTY. FLORIDA Full Legal Description: LANGWICK SUBDIVISION, BLOCK 1, LOTS 27 TO 39 INCLUSIVE, AS RECORDED IN PLAT BOOK 1, PAGE 32 OF THE OFFICIAL RECORDS OF INDIAN RIVER COUNTY, LESS AND EXCEPT ANY RIGHT-OF-WAY OF RECORD P553 RESOLUTION NO. 2017 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FINDING THAT THE SALE OF THE OLD LIBRARY PROPERTY IS IN THE BEST INTERESTS OF THE CITIZENS OF INDIAN RIVER COUNTY, FLORIDA WHEREAS, the County owns a parcel of property located at 1028 20th Place Vero Beach, Indian River County; and WHEREAS, the property is familiarly known as the Old Library and contains improvements consisting of a building, parking lot and landscaping; and WHEREAS, the County no longer desires to maintain the property and has declared the Old Library property to be surplus; and WHEREAS, the Youth Guidance Donation Fund of Indian River County, Inc., a Florida not for profit corporation, ("Youth Guidance") has approached the County and offered to purchase the Old Library property; and WHEREAS, Youth Guidance is organized for the purposes of providing mentoring and activities programs for youths of Indian River County and thereby promotes community interest and welfare for the citizens of Indian River County, NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: 1 . It is in the best interest of the health, safety and welfare of citizens of Indian River County to sell the Old Library property to the Youth Guidance Donation Fund of Indian River County, Inc. for the sum of $225,000. 2. Staff is hereby directed to take the steps necessary to prepare the required documents to effectuate the sale of the Old Library property to Youth Guidance. 3. This Resolution is being made pursuant to Florida Statute 125.38. 1 P554 RESOLUTION NO. 2017 - This resolution was moved for adoption by Commissioner , and the 4motion was seconded by Commissioner _, and upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the resolution duly passed and adopted this 15th day of August, 2017. Approved as to form and legal sufficiency: d". W— William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA by its Board of County Commissioners Bv Joseph E. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of the Court and Comptroller Bv Deputy Clerk 2 P555 ADDENDUM TO PURCHASE AND SALE CONTRACT The following furniture shall be included in the sale of the Property to Youth Guidance: Inventory of county furniture left in Annex 13 desks 11 bookshelves 10 tables (various sizes) 20 file cabinets (2 and 4 drawer) 33 Chairs 1 divider set 3 small cabinets 1 small conference table / � A I INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director Richard B. Szpyrka, PE; Public Works Director FROM: Phil Matson, AICP; MPO Staff Director DATE: August 2, 2017 SUBJECT: Request for Authorization to Develop an Agreement with Pulte Homes for Improvements to 58' Avenue It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of August 15, 2017. DESCRIPTION & CONDITIONS In accordance with the Waterway Village Development of Regional Impact (DR]) development order approved by Indian River County in 2004 and amended in 2010, the project developer (now Pulte Homes, Inc.) is obligated to four -lane 5 gth Avenue between 49th Street and 53 d Street in 2019. Fulfillment of that commitment by the developer is currently in the planning and design stage by the Vero Beach office of the firm of Kimley-Horn and Associates. Recently, a number of residential development projects have been initiated or discussed in the vicinity of this segment of 58'h Avenue, including Providence Pointe, Mandala Club, and Bent Pine Preserve while several others in the vicinity (including Huntington Place, Brae Bum, and Vero Lago) continue to be developed with new homes. Approval of development on the west side of 58 1h Avenue has included conditions for extending 53rd Street west, toward 661 Avenue. At the same time, the Board of County Commissioners has approved through its Capital Improvements Element (CIE) other transportation improvements in the area, including extending 53d Street from 58'h Avenue to 66 th Avenue and extending the four-laning of 66h Avenue north. Planning for those improvements recognizes 66th Avenue as a major north/south route and 53 d Stree I t as a major east/west mid -county route. As a follow-up to the last CIE update, County staff considered ways to partner with local developers to implement mid -county improvements, as well as ways to leverage the road widening investment already committed by developers in order to address anticipated future traffic demand in the area. To that end, County Public Works and Community Development staff met with representatives from Waterway Village and discussed ways to extend the four-laning of 58' Avenue an additional CAU�rs\G�NIC— I �WWM�caftTeW�CL TmhnoloV�k�PDF �@BCL@CO059��@BCL@CW59�,&� P556 1/2mile north of the current project limits required under the DRI development order. When complete, the expanded roadway would be capable of handling larger volumes of traffic on 58" Avenue from 49h Street to 57h Street, including the approach to 53dStreet from both the north and south directions. An extended widening would enable the County to achieve several related objectives, including replacing the narrow bridge over the North Relief Canal; providing a sidewalk between the Gifford area and Storm Grove Middle School; adding bike lanes over the existing bridge; and adding future roadway capacity in a growing area of the County. The Board now needs to consider the widening extension concept and authorize staff to move forward to develop an agreement with Pulte Homes. ANALYSIS According to Kimley-Horn and Associates, the cost of designing the extended roadway segment as a 4 -lane facility is $223,705 (see attached). Since the extended segment was not included in the DRI development order and is not required of the developer, the cost of designing and extending the 58 1h Avenue widening would be borne by the County. No additional right-of-way will be needed for the project and the roughly established cost of construction for the "county portion" will be approximately $3,500,000. It is anticipated that, since construction will be undertaken on the southern segment (49th Street — 53d Street) by 2019 in compliance with the DRI development order, constructing the extended project limits (53 rd Street to 57 1h Street) is an opportunity for the county to add value to an existing developer -required project at less cost than if the county undertook its own separate project to extend the widening. Therefore, partnering with the developer to improve and extend 58t" Avenue is an efficient way of adding future capacity and meeting other transportation objectives. A similar approach was used a few years ago for the design and construction of 53' Street from 58 1h Avenue to US I for what was then a planned major roadway abutting the Waterway Village DRI. In that case, the Waterway Village developer was responsible under the DRI development order for designing and constructing a two-lane road segment within the 58 th Avenue to US I project limits. The County entered into an agreement with the developer under which the County paid for the design and construction of two additional lanes, resulting in construction of a four - lane roadway. Staff believes that the same approach will work well for extending the limits of the developer -committed 58 th Avenue widening project. Although the proposed extension of 58 1h Avenue is not included in the current Capital Improvement Element (CIE) of the Comprehensive Plan, staff is in the process of developing the 2017 CIE update and it is anticipated that sufficient funds will be available to include this project in the CIE without eliminating or delaying any other project. FUNDING Funding for the County's share of project design work has been made available in Optional Sales Tax/5 8t' Avenue Widening/5 3rd St to 57h St. Account No. 31521441 -066510-17021 intheamount of $223,705. Sufficient future funding for the County's share of project construction will be also available next year from Optional Sales Taxes. C \Usen\G�MC—I�WDaw�caUe�WL Tmhnol�inN�PDF 7�@BCL@CN59D0%@BCL@CM59M.� P557 RECOMMENDATION Staff recommends that the Board of County Commissioners authorize staff to develop an agreement with Pulte Homes to design and construct an extension to the 58 th Avenue widening project from 53d Street to 57th Street, and for said agreement to be considered by the Board at a future date. ATTACHMENTS 1. The Lakes at Waterway Village Consultant Proposal for 581h Avenue Widening Project Extension 2. Proposed 58h Avenue Widening Conceptual Plan Graphic for Extended Project Limits C \Usen\GMNIC-1�ppDaM�TemWL Tmhnol�im\�PDF A@BCL@CO059DW\@BCL@CM59�.� P558 KimlepMorn March 1, 2017 David Kanarek Land Development Pulte Group, Inc. 4400 PGA Boulevard, Suite 700 Palm Beach Gardens, FL 33410 Re: The Lakes at Waterway Village — 581h Avenue Widening Project Extension Indian River County, FL Dear David: Kimley-Horn and Associates, Inc. ('Kimley-Horn" or "the Consultant") is pleased to submit this letter agreement (the "Agreement") to Pulte Group, Inc. ("the Client") for providing professional consulting services. Our project understanding, scope of services, schedule, and fee are below. PROJECT UNDERSTANDING It is our understanding that the Client wishes to expand the 5811 Avenue Widening Project to include development of final construction documents and obtain jurisdictional permits associated with extending the widening 5P Avenue between 531d Street and 571, Street. The W Avenue Widening is understood to consist of reconstructing 58"1 Avenue from its current two-lane rural roadway to a four - lane divided urban roadway with paved shoulders and pedestrian facilities between 531d Street and 571h Street. It is anticipated that additional right of way will be necessary to be acquired to facilitate the proposed improvements. It is understood that the Client and/ or the.County will provide the design survey and geotechnical investigation by others. The terminal intersections are understood to be required to have the following improvements: 57� Street/ 58� Avenue — Expand intersection to ultimate four lane divided configuration and add left turn lanes on all approaches. The PROJECT LIMITS are projected to extend 3,500 feet along 5816 Avenue. The replacement of the 58� Avenue bridge over the Indian River Farms Water Control District North Canal will be required. Based upon this understanding, our proposed Scope of Services, Schedule and Fee are as follows: ATTACHIM,-AT 7 P559 Kimley)))Horn SCOPE OF SERVICES A. Roadway Analysis and Plans: Roadway set of plans shall consist of the following: Notes: P —Preliminary, C—Complete, but subject to change, F - Final The plans will be prepared based upon English units. Design will be conducted in MicroStation and Geopak. The following additional data shall be utilized for development of the plans: 1. The roadway plans sheets will be drawn at a scale of 1" =40' prepared on 11" x 17' sheets. P560 30% 60% 90% 100% Cover Sheet P C C F Typical Sections P C C F Summary of Quantities & General Notes P P C F Summary of Drainage Structures Sheets P C F Project Layout P C C F Plan and Profile Sheets (40 scale) P C C F Intersection Plan & Details P C F Special Details P C F Drainage Structure Sheets P C F Roadway Soil Survey P C F Cross Sections at 100 ft intervals P C F Stormwater Pollution Prevention Plans P C F Signage & Pavement Marking Plans (40 scale double plan) P C C F Signalization Plans P C F Structure Plans P C F - stimate and Quantities P C C F Notes: P —Preliminary, C—Complete, but subject to change, F - Final The plans will be prepared based upon English units. Design will be conducted in MicroStation and Geopak. The following additional data shall be utilized for development of the plans: 1. The roadway plans sheets will be drawn at a scale of 1" =40' prepared on 11" x 17' sheets. P560 Kimley>Morn 2. Plan sheets shall depict existing right-of-way, section lines, property lines, temporary construction easements, and centerline of construction. Horizontal control points with state plane coordinates for all PC's, Prs, curve radius, curve length and horizontal Pi's shall be included on the Plan or summarized in an alignment table. 3. Plans shall include spot grades adequate to describe any proposed grading. 4. Match lines shall not be located within the limits of an intersection. S. if applicable, soil boring information shall be plotted on cross sections with soil classification and high season water table. 6. All details shall reference FDOT Index Numbers. 7. All specifications shall reference to County and/ or FDOT Specifications for Road and Bridge Construction. Any deviations are special specifications not included in FDOT Specifications are required in the Technical Specifications. 8. Initial, interim and Final Plan Submittal shall include the following: i. Three (3) Sets of Signed and Sealed Plans. ii.. One (1) Opinion of Probable Construction Cost iii. One (1) CD with drawings in PDF format. iv. The Consultant will provide construction documents and calculations in sufficient quantity as required by the various reviewing agencies. B. STRUCTURAL ANALYSIS AND PLANS: This scope of services is to provide engineering design and contract plans for the new roadway bridge along 58" Avenue crossing over the North Relief Canal. As part of this scope, the bridge tasks will include a Bridge Development Report (BDR), 30% Plans, 90% Plans and Final Plans. 1. Bridge Development Report (BDR) The Bridge Development Report will be prepared in accordance with FDOT Plans Preparation Manual Design Criteria and Process. The BDR is intended to establish all the basic parameters that will affect the work done in the Design and Plans Preparation phase. The BDR will define the continuing work by the PROFESSIONAL. The BOR phase of work will contain sufficient detail for the justification of the proposed bridge type. The major items to be considered in the BDR are: P561 Kimley*Horn A. General: The bridge length, height and pier locations are subject to vertical and horizontal design clearance requirements such as those for clear zone, navigation, and hydrology. After these considerations are met, span lengths are governed by economics and aesthetic considerations. Superstructure depths (grade separation structures in particular) shall be kept to the minimum that is consistent with good engineering practice. Recommended span/depth ratios for steel superstructures are shown in AASHTO. The length of the bridge will be affected by: a. Opening required by Hydraulic requirements. b. Environmental Considerations. C. Width of waterway and/or width of cross section of roadway being spanned including the use of retaining walls. B. Statical System: The economic and engineering advantages of both simple span and continuous spans shall be addressed, C� Superstructure: Some superstructure types that could be considered are prestressed concrete girdersi reinforced or prestressed concrete slabs, steel rolled sections or plate girders and post tensioned slabs. D. Substructures: Some substructure types that could be considered are pile bents and multi -column or hammerhead piers. Variations of column shapes may be appropriate for aesthetic or economical requirements. E. Foundations: Some foundation types that could be considered are steel -and concrete piles, drilled shafts and spread footings. G. Temporary Traffic Control: Show how traffic Will be maintained during construction for each of the bridge alternates considered. Consider all major overhead work items such as bridge demolition and girder placement. H. Quantity estimates: For minor bridges rough quantities (such as reinforcing steel based on weight per volume of concrete) may be sufficient. keeping in mind that the intent is to establish relative �and equitable costs between alternates and not necessarily to require the accuracy of the Final Estimate 4 of P562 Kimley)))Horn 2. 30% Bridge Plans: Based on the selected bridge alternative by the City from the BDR, 30% Bridge Plans will be developed and submitted to the City for review which will include the following sheets: A. General Notes B. Plan and Elevations C. Foundation Layouts and Pile Data Table D. End Bent Layouts E. Pile Bent Layouts F. Framing Plans G. Typical Section The Bridge Plans will be produced in CADD format and placed on 11"x17" sheets and provided in PDF format. 3. 90% Bridge Plans: In this phase the bridge plans will be brought up to 90% complete and submitted to the City for review concurrent with the 90% roadway plans. The 90% Bridge Plans will consist of the following type of sheets: A. General Notes B. Plan and Elevations C. Foundation Layouts D. End Bent Layouts E. End Bent Details F. Pile Bent Layouts G. Pile Bent Details H. Finish Grade Elevations 1. Framing Plans J. Typical Sections K. Superstructure Layouts L. Superstructure Details M. Beam Data Sheets N. Approach Slabs 0. Bar Reinforcing List Along with this submittal the Bridge Design Calculations and the Bridge Load Rating Calculations will be submitted based on the 90% Plans. The Designs and Load Rating Calculations will utilize the Florida Department of Transportation (FDOT) Structures Design Manual. The 90% Plan Quantities will also be provided along with a Probable Opinion of Construction Cost based on FDOT statewide averages. The 90 % Bridge will be produced in CADD format and placed on 11"x17" sheets and provided in PDF format. The design and load rating calculations will also be provided in PDF format. The Bridge Specifications will be based on the FDOT Standard Specifications for Road and Bridge Construction. P563 Kimley*Horn 4. Final Bridge Plans: For this phase we will submit the Final Signed and Sealed Bridge Plans, Design Calculations, Load Rating Calculations, Quantities and the Probable Opinion of Construction Cost based on Indian River County historical pricing averages. Final Plans will be signed and sealed (2 sets) along with a PDF document that is not signed and sealed. The Final Design and Load Rating Calculations will also be signed and sealed (2 sets) along with a PDF document that is not signed and sealed. C. Drainage anaIVsis and Plans: 1. Perform drainage investigations and analysis necessary to prepare a design which will drain the project in accordance with the Indian River County (IRC), Indian River Farms Water Control District (IRFWCD) and St Johns River Water Management District (SJRWMD) design criteria. The work will include the analyses for the following: a. Determine Base Clearance Water Elevation Analyze, determine, and document high water elevations which will be used to set roadway profile grades. Determine surface water elevations at cross drains, floodplains, outfalls and adjacent storm water ponds. Determine groundwater elevations at intervals between the above-mentioned surface waters. b. Design of Stormwater Management Facility It is understood that the proposed roadway will utilized existing on-site stormwater management facilities. The Consultant will prepare construction documents depicting the physical connections to these facilities. The Consultant will provide supplemental routing calculations should they vary from existing permit assumptions. c. Design of Storm Drains Develop a "working drainage map", determine runoff, inlet locations, and spread. Calculate hydraulic losses (friction, utility conflict and, if necessary, minor losses). Determine Design tallwater and, if necessary, outlet scour protection. d. Drainage Design Documentation Report Compile drainage design documentation into report format. include documentation for all the drainage design tasks and associated meetings and decisions. 2. A Stormwater Pollution Prevention Plan (SWPPP) will be developed in conjunction with this project. The site specificSWPPP is a requirementof both the EPA National Pollutant Discharge Elimination System (NPDES) General Permit for Stormwater Discharges from Construction P564 Kimley)>>Horn Activities, and the FDEP Generic Permit for Stormwater Discharges from Construction Activities. D. Jurisdictional Permitting; The Consultant shall prepare permit applications forthe Indian River Farms Water Control District (IRFWCD), St Johns River Water Management District (SJRWMD), Army Corp of Consultants (ACOE) and Indian River County for submittal by the Client. This will consist of all required evaluation, design, coordination, and follow-up work necessary to support permit applications. The Consultant shall assemble and be responsible for the final submittal. The Consultant shall prepare permit sketches for submission to IRC, IRFWCD, ACOE and SJRWMD for dredge and fill activities, if necessary. The Consultant shall submit all permit sketches on 8.5" x 11" sheets. Sketches shall be neatly scaled, signed and sealed, and reproducible. 1. Environmental Resource Permitting/Section 404 Permitting The Consultant will prepare and submit the joint Environmental Resource Permit (ERP) application package to the SJRWMD and the ACOE. The application includes the ERP standard forms and a compilation of supplemental materials such as permit sketches, Vegetation (FLUCFCS), soils, quadrangle and FEMA -FIRM maps. The Consultant will coordinate on the behalf of the Client with each agency identified in this task. This may include up to one (1) meeting with the agencies to discuss requests for additional information (RAI), and written responses to one (1) request for additional information (RAI) including plan modifications. This scope assumes that mitigation measures will not be necessary or required, This scope assumes that coordination with US Fish and Wildlife Service through the preparation of Biological Assessments or Biological Opinions will not be required. Permit application submittals will be made subsequent to the 60% plan set submittal approval by the Client. E. Signing and Pavement Marking Plans: Signing and Pavement Marking plans shall include: Preparation of the plan layout, quantities (including signing and pavement marking quantity) and tabulation of quantities. All plans are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and shall be accurate, legible, complete in design and drawn at the same scale as the Roadway Plans, furnished in reproducible form, Plans will be included with 445 24rh Street, Vero Beacl, FIL P565 Kimley)))Horn the roadway plans and submitted as indicated above. F. Utility Coordination: The Consultant will coordinate with franchise utility operators in the vicinity of the project such that the proposed construction activities can be developed to minimize impacts to existing utilities located within the project limits. It is anticipated that the 58 1h Avenue alignment will be developed as to not require relocation of the existing FP&L transmission facilities located along the west side of 58" Avenue. Any utility permitting and relocation design required to accommodate the proposed improvements will be addressed as an additional service relative to this scope of work. G. Signalization Plans: Mast -arm traffic signals will be designed at the following intersection: * 57 1h Street and 58' Avenue (full signal design) The signalization improvements will be designed to meet current County and FDOT standards. Luminaries will be provided on each mast arm pole. The pole analysis and design of the signal systems will be completed and submitted to County for review. Signalization plans will be included with the roadway plans and submitted as inclica - ted above. SCHEDULE Upon authorization to proceed by the Client, final design documents are expected to take approximately twelve (15) months from the Notice to Proceed (NTP). NTP Phase I Submittal (30% Design Plans) Phase 11 Submittal (60% Design Plans) Phase III Submittal (90% Design Plans) Phase IV Submittal (Final Design Plans) Client Execution (2) 3 months following NTP 6 months following NTP 9 months following NTP 12 months following NTP Footnote: (1) And receipt of Design Survey and Geotechnical Investigation Page 8 of 10 =kim�e_yjoMn ij."I 445 24 1h Street, Vero Beach, FL 772-794-4100 P566 KidepMorn FEE AND EXPENSES Kimley-Horn will perform the services in all the tasks listed below for the total lump sum labor fee below. In addition to the lump sum labor fee, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.10 times cost. All permitting, application, and similar project fees will be paid directly by the Client. Task Labor Fee Roadway Analysis and Plans $79,570 Drainage Analysis and Plans $17,100 Erosion Control and SWPPP $3,500 Jurisdictional Permitting $8,420 Signing and Marking Plans $8,970 Utility Coordination $3.300 Signalization Plans $21,965 Bridge Development Report $8,160 Structural Analysis and Plans $72,720 Project Total $223,705 Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Reimbursable expenses will be invoiced based upon expenses incurred. CLOSURE In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, "Consultant" shall refer to Kimley-Horn and Associates, Inc., and "Client" shall refer to Pulte Group, Inc. Kimley-Horn. in an effort to expedite invoices and reduce paperwaste, submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please provide the following information: Please email all invoices to Please copy 9 of 10 P567 Kimley)))Horn If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. We will commence services only after we have received a fully - executed agreement. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. To ensure proper set up of your projects so that we can get started, please complete and return with the signed copy of this Agreement the attached Request for Information. Failure to supp . ly this information could result in delay in starting work on your project. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. By: Kinan Husainy, P.E. Brian Good, P.E. Project Manager Sr, Vice President Page 10 of 10 rt—imfe--h�orncorn y;_�� 1 445 24� Street, Vero Beach. FL P568 0 tu E Proposed Extended 1.9.91US 11IL9 Project Limits uJ JJ 7MV-1 -41731Y IYON Q-IMdVI AM tu ui LU 00 Lul- Developer Ln Project J .3.gu.LS P 9 LU Attachment 2 P569 9/i �9/2017 Ili . JV.j Request for Authorization to Develop an Agreement with Pulte Homes for improvements to 58thAvenue Indian River County Board of County Commissioners August 15, 2017 G(Oq Figure 4.1. Population Growth from 2010 to 2040 01. L,9$1 C, Kmley*Hoin G(Oq I =m Indian River County Kimley)))Horn -r-- --- 2040 Long Range Transportation Plan Update 7-1. Roadway Cost Feasible Plan ST Legend C�t P_.M F:� of 'Year pie entell.. * M21.2D25 2MW WOMEN MMee 2026-20M IMMEN 2031-2040 Indian River County Kimleyol-lorn4:996 2040 Long Range Transportation Plan Update 9j 2017 2 - Proposed 58th Avenue 4-laning • Extended Project Limits: add 53rd Street to 57th Street • County to Pay for Design and Construction of addition - $223k Design, $3.5 million Construction (No ROW needed) • Work to be performed by Developer - some approach successful for 4-laning 53rd Street) 5 r I t ........ .. to @ .......... .. 71.4 4"16 - if! ndedP'61..l - Advantages: • Adds substantial benefit to a project at less cost than starting a new project • Improves all approaches to 53rd Street (Future Central County Corridor) • Upgrades the 57thStreet/58thAvenue intersection • Addresses Canal Bridge Expansion • Provides Bike Lane and Sidewalk Connections for Middle School route 9 017 "'P. 5tDq - 4 * Other Considerations: • Right -Of -Way Exists; no acquisition needed • Funding Available (Optional Sales Tax) • Approach is consistent with State Law (FS 336.71) - Recommendation: Authorize Staff to Develop an Agreement for Design and Construction to be Brought Back to the Board at a Future Date 9j '2017 "?%q - 5 / AA� INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Stan Boling, AICP Community Development Director FROM: Roland M. DeBlois, AlCP Chief, Environmental Planning DATE: August 7, 2017 RE: Request to Consider Establishing an Exception to Cut and Fill Balance Requirements for Commercial Andustrial Development in Flood Hazard Areas It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of August 15, 2017. BACKGROUND In 1968, Congress created the National Flood Insurance Program (NFIP) by adopting the National Flood Insurance Act. In 1973, passage of the Flood Disaster Protection Act mandated that buildings located in flood hazard areas have flood insurance coverage as a condition of federal aid or loans from federally insured banks and as a condition of federal disaster assistance. The NFIP is managed by the Federal Emergency Management Agency (FEMA). Since 1978, Indian River County has been a participant in the NFIP. Under the NFIP, Indian River County is responsible for implementing certain requirements. One such requirement is to regulate construction design in "Special Flood Hazard Areas" (SFHAs) to address potential flood impacts. Chapter 930, Stormwater Management and Flood Protection, of the land development regulations (LDRs) contains the County's flood protection requirements. In addition to minimum NFIP requirements, other County measures, including certain "optional" regulations, affect the County's Community Rating System (CRS) score and flood insurance discounts for the unincorporated area. The CRS is discussed more fully in the analysis section of this report. Cut and Fill Balance Requirement Since 1982, Indian River County has required "cut and fill" balance for development within SFHAs. Also known as compensatory storage, cut and fill balance requires creation of an equal volume of floodplain storage capacity for any volume of the base flood that would be displaced by fill or structures within SFHAs. That requirement, also applied in other jurisdictions, operates to retain flood storage volume within a flood hazard area and not "lose volume" as new development occurs within a flood hazard area, with certain specific exceptions. The cut and fill requirement is established in Comprehensive Plan Stormwater Management Sub -Element Policy 5.3 (see AUachment 6) as well as in LDR Chapter 930. P570 As specified in County Code subsection 930.07(2)(i) [Attachment 2 to this report], the cut and fill balance requirement applies to all development with SFHAs, with the following exceptions: I . Development projects within SFHAs alongthe Indian River Lagoon granted a waiver by the county upon showing the development will not create material adverse impact on flood protection; 2. Subdivided lots of less and one acre that existed prior to July 1, 1990, on the basis that such lots are too small to balance on each individual lot, and post -1990 lots are mitigated on a subdivision - wide basis; 3. Development projects located in the St. John's Marsh with soil classifications indicative of marsh conditions, when granted a waiver by the county based on lack of material adverse impact; and 4. Development located within the Vero Lake Estates Municipal Services Taxing Unit (MSTU) for which a waiver has been granted, in consideration of off -setting overall VLE stormwater improvements. Recently, county staff was approached by a commercial property owner (Ralph Poppell) who requested that that the county waive the cut and fill requirement as it pertains to his property, to allow the filling of a + Y2acre pond (excavated circa 1982) without providing any off -setting compensatory storage. Concerns were expressed about the cut and fill balance requirement making commercial/industrial development more difficult than it should be and that the requirement is not mandated by FEMA. Mr. Poppell's property consists of approximately 7 acres, and is located in the 1-95/SR 60 commercial/industrial (C/1) node on the south side of SR 60, west of 1-95 (see map, Attachment 1). Specific to Mr. Poppell's property, floodplain storage that would be displaced by the pond filling is calculated by his engineer to be +1,100 cubic yards. In considering Mr. Poppell's request, staff met with CRS auditors in July (as part of a scheduled five-year audit), and has reviewed the County's cut and fill requirement as it applies to his property and, in general, to all commercial/industrial development within designated CA nodes. Staff is now reporting its findings to the Board of County Commissioners and is seeking guidance from the Board in consideration of Mr. Poppell's request. ANALYSIS In reviewing the county's cut and fill requirement as it pertains to Mr. Poppell's property and to all commercial1industrial property within county CA nodes, planning staff received assistance from GIS staff to determine the current extent of SFHAs on such property. The following table provides that information. Commercial /Industriiii-N-ode-Property Area (Acr . es) In Flood Zone (SFHA), Developed 476.039 In Flood Zone (SFHA), Vacant 546.556 Not in Flood Zone 4,600.242 Total C/1 Area in Acres 5,622.837 As indicated in the table, staff has determined that there are +476 acres of commercial/industrial development within SFHAs that has occurred, with post -1982 development being constructed in compliance with the cut and fill balance requirement. Staff also found that there are +546 acres of vacant CA node property within SFHAs to which the current cut and fill balance requirement, if unchanged, will apply when future development occurs. P571 Generally, staff does not support eliminating or reducing the County's long-standing code requirement and comprehensive plan policy of requiring cut and fill balance for new development within flood hazard areas. Staff does recognize, however, that for economic development reasons the Board may wish to consider a narrowly -crafted code change that would allow minor filling not subject to the cut and fill balance requirement on commercial/industrial properties that lie within a flood hazard area. In reviewing Mr. Poppell's request, staff has considered the alternative of creating an exception to the cut and fill requirement as it pertains to all C/I node property within SFHAs. Narrowing -down a new exception would limit the degree of potential negative impacts on flood storage volume, target economic development, and limit or preclude a negative impact on the County's CRS rating. If such an exception is to be created, the exception should be limited to: CA node property (only) for economic development purposes; and A maximum amount of flood storage displacement per acre, in order to keep floodplain displacement to a minimum (de minimis). A draft of the code change needed to establish such an exception is attached (see Attachment 3). As drafted, the exception would accommodate Mr. Poppell's proposal to fill his pond without off -setting "cut." It is staff's position that Comprehensive Plan Stormwater Sub -Element Policy 5.3 would need to be updated in the next available comprehensive plan amendment "window" if a new cut and fill exception is added to LDR Chapter 930. It is also staff's position that the cut and fill requirement could not be eliminated without first deleting Policy 5.3 through a comprehensive plan amendment. NFIP CRS Rating Implication Indian River County participates in the Community Rating System (CRS) of the NFIP, whereby flood insurance premiums in the unincorporated county are discounted based on the degree to which the County adopts and implements higher standards than minimum NFIT requirements. Regarding cut and fill (compensatory storage), in SFF1As, such a requirement is a higher local standard (not mandatory), for which the County gets CRS point credit (see FEMA information on compensatory storage, Attachment 4). Currently, Indian River County is a Class 6 CRS community, meaning that property owners with flood insurance for structures in SFHAs receive a 20% discount on flood insurance premiums. Comprehensive Plan Coastal Management Element Policy 5.4 provides that the County shall maintain, at a minimum, a Class 6 CRS rating (see Attachment 6). Attachment 5 to this report provides a summary of the 10 CRS classifications for which a local community can qualify, along with the point ranges for each class and the percentage premium reduction per classification. Indian River County's current Class 6 rating is based on an achievement of 2028 points, putting the County at the low end of the 2,000 to 2,999 point range for Class 6. Consequently, eliminating or changing an optional regulation that the County currently gets credit for, including the existing cut and fill balance requirement, would result in a worse rating if the change reduced the County's score by 29 points or more. Each CRS classification represents a 5% discount, so if the County's classification falls from a "6" to a "7," for example, flood insurance policies for properties in flood hazard areas would lose a 5% discount benefit. With regard to County points for the cut and fill requirement, the number of points that would be lost for the previously described C/I development cle minimis exception is relatively small, but has not been fully determined. On that note, through staff efforts made during the recent CRS five-year audit, the County may have the opportunity to gain CRS points in other categories. Lastly, the County could consider re -visiting other flood protection code requirements that may off -set the (albeit small) loss of CRS points, in order to maintain the Class 6 rating. P572 RECOMMENDATION Staff recommends that the Board of County Commissioners re -affirm the policy of maintaining a CRS classification of "6,"consider the information provided herein, and provide direction to staff regarding the requested cut and fill balance exception. ATTACHMENTS I . Map of Mr. Poppell's property (1931 98' Ave.) within the 1-95/SRE 60 CA node. 2. LDR Subsection 930.07(2)(i). 3. Draft of potential cut and fill balance de minimis exception for commercial/industrial development. 4. FEMA information on compensatory storage. 5. CRS infonnation and Indian River County scoring. 6. Comprehensive Plan Stormwater Management Sub -Element Policy 5.3 and Coastal Management Element Policy 5.4. MALDRs\930.07(2)(i) cut and fill Cl except BCC staff report 8-15-17.docx P573 c 0 C) _0 c 40 cn 0 N 'a 0 0 Z> Ill LL 00 CY) P574 It z w < P574 E 0 wo v; I P574 § 930.07 INDIAN RrVER COUNTY CODE itions less than the design flood --)P W Additional requirements. otherwise function to avoid 1. Cut and fill. An equal volume of o struction of floodwaters;, and stora capacity must be created for tr .ge It C. 0 -site sewage treatment and any volume of the base flood that 'a dbi s asal systems defined in 64E- would be displaced by fill or struc- 6.0 2, FA.C., as filled systems tures except for the following in - or ound systems. stances: 8. Nansiruct ral fill in coastal high haz- a. Those development projects ard areas one W In coastal high within the special flood hazard hazard are s: areaalong the Indian River La- goon when granted a waiver a. Minor ading and the place- from the cut and fill balance ment minor quantities of requirements by the board of nonstru tural fill shall be per- county commissioners. In the mitted landscaping and for special flood hazard area of the drainage purposes under and Indian River Lagoon, an equal ground b 'Idings. volume of storage capacity must b. Nonstru al fill with finished be created for any volume of slopes tha are steeper than the base flood that would be one (1) uni vertical to five (5) displaced by fill or structures units horizo I shall be permit- below elevation two and one - ted only if an alysis prepared half (2.5) feet NAVD88, or the by aqualified egistered design .ten-year flood elevation which has been determined in the flood professional emonstrates no insurance study, whichever is barmftil diver ion of floodwa- greater. The board of county ters or wave r nup and wave commissioners may, in its dis- reflection that ould increase cretion, grant a waiver from damage to adja nt buildings the provisions of this subsec- and structures. tion upon the.affirmative show - C. Where authorize by the Flor- ing of the,applicant, by means ida Department o nvironmen- of a competent engineering tal Protection or a plicable lo- study, that the development cal approval, s nd dune project is situated in an estua- construction and re toration of rine environment and that the sand dunes under r around development project, as de - elevated buildings e permit- signed, will meet all other re- te,d without additional ngineer- quirements of the stormwater ing analysis or certiff ation of management and flood protec- the diversion of flood ater or tion chapter and will not create wave runup and Wav reflec- a material adverse impact on tion if the scale and lo tion of flood protection on other lands the dune work is consiste t with w in the estuarine environment. _p local beach -dune morp ology b . Subdivided lots of less than one and the vertical clear ee is (1) acre in area that existed maintained between the p of prior to July 1, 1990. At such the sand dune and the lo est time as the county may create horizontal structural me ber or cause to be brought into ex - of the building. istence a stormwater utility or Supp. No. 94 930/20 ATTACHMENT 2 P575 Supp. No. 94 STORMWATER MANAGEMENT AND FLOOD PROTECTION § 930.07 other entity charged with man- of county commissioners. The aging drainage concerns, the board of county commissioners requirements of this section will may, in its discretion, grant a apply for lots less than one (1) waiver from the provisions of acre in area existing prior to this subsection upon the affir- July 1, 1990, if the utility or mative showing of the appli- entity has the authority to com- cant, by means of a competent pensate for fill added in special engineering study, that the de - flood hazard areas by adminis- velopment project, as designed, tering a program that causes will meet all other require - compensation for fill added on ments of the storrawater man - individual lots to be mitigated agement and flood protection by contribution to an off site chapter and will not create a mitigation fund for a central material adverse impact on flood facility or facilities, owned by protection. the county, the storrawater util- No structure or fill shall be permit- ity, or other entity. ted within the limits of the floodway C. Those development projects, lo- of the St. Sebastian River, South cated in the St. John's Marsh Prong except as provided by [sec - and within either the Terra Ceia, tion) 930.07,(2)(a)3.a. Holopaw, Delray, Canova, Ga- 2. No development will be allowed that tor, or Floridian soil types (as poses a significant threat of releas- described in the United States ing harmful quantities of pollutants Department of Agriculture Soil to surface waters or groundwaters Conservation Service Soil Sur- during flooding. vey of Indian River County, lat- est edition) for which a cut and 3. If fill is used for foundation support, fill waiver has been granted by the elevation of the soil support shall the board of county commi sion- not be greater than that which would ers. The board of county com- result from the erosion reasonably missioners may, in its discre- anticipated as a resultef the design tion, -grant a waiver from the storm conditions., provisions of this subsection 4. All roads shall be set at or above the upon the affirmative showing of ten-year flood elevation, but in no the applicant, by means of a case shall a road be constructed at competent engineering study, an elevation below five (5) feet above that the development project, sea level. All roads shall be designed as designed, will meet all other to maintain drainage flow beneath requirements of the stormwater the Toad bed so that equalization management and flood protec- tion chapter and will not create may occur. a material adverse impact on 5. If a development project is In a §pe. flood protection. cial flood hazard area, it must be d. Development located within the demonstrated, in addition to comph- Vero Lake Estates Municipal aDce with section 930.07(2), that: Services Taxing Unit as refer- a. The elevation or velocity of the enced in Ordinance No. 84-81, base flood will not be increased for which a cut and fill waiver as a result of any obstruction or has been granted by the board displacement of flood waters. 930121 ATTACHMENT 2 P576 § 930.07 Furp MMMOTWeIri M-WoM5 b. There is no significant threat of releasing quantities of pollut- ants which have the effect of degrading water quality below .standards established in Flor- ida Administrative Code Chap- ter 17-3, as amended from time to time, to surface or groundwa- ter during the base flood. C. The capacity of the critical flood zone to store and convey sur- face waters or perform other significant water management functions will not be impaired. (3) 7�,pe B stormwater management system - flood protection permit !(SWMS 2�pe B). A T�,pd "E'stormwater management system -flood prote6- . tion permit is required prior to the constructioz of any stormwater conveyance, treatment and/dis- charge associated -with development actAities, other than construction of an individual Itached single-family residential building or at4ture, m property that is partially or wholly gcumbered or E by a special flood hazard area astal high hazard area. The Type "B" permit shhU be issued upon the applicant demonstra * npliance with M , t gc� applicable criteria of section 931U, 17 2�) (4) Stormwater management �nd ;�od protec- tion permit (7�pe Q). A Type permit or flood protection permit is required rior to the construc- tion of an individual detachl(d single-family Tesi- dence, duplex residence r accessory structure w - hich is located in a sp/eial flood hazard area as Cl defined in County Coq Chapter 901. The Type "C" permit.shall be ;itsued upon the applicant demonstrating com�liance with applicable crite- ria of section 930.0,W(2). (Ord. No. 90-16, V1, 9-11-90; Ord. No. 91-7, § -22, 2-27-91; Ord. No. 91-48, §§ 45-47, 49, 87, 12-4- 91; Ord. No. 9 �29, § 25, 9-3-92; Ord. No. 94225, '9 §18(A) -(E), -31-'94; Ord. No. 96-6, § 17,2-27-96; Ord, No. 20 3-1006, § 1, 2-18-03; Ord. No. 2005- 031, § 1, 9 205; Ord. No. 2007-01:2, § 1, 3-20-07; Ord. No. 2012;U3, §§ 4-4, 7-10-12; Ord. No. 2012_03, , § 3, 11-6-12) cept by ordinance. The proposed in i il"� charge rate for each basin shall be wroi=p 5 i prior to the scheduling of the ad lic hearings. (2) Basin maximum discharge rates. Bas max- imum discharge rates shall be based o Xenty- five-year, twenty -four-hour storm evenyover a seventy -two-hour period. (3) Adopted basin maximum dischArge rates. The flowing maximum dischargers' `f are hereby adopted: 7 Drainage Basin', MsxinsuqJD19char1ti�Rate B-1 (Beach) B-2 (Beach) B-3 (Beach) B-4 (Bench) B-6 (Beach) R-1 (Indian Rivei). R-2 (Indian River) R-3 Undian River) R-4 Undian Rive R-5 (Indian Rive R-6 (Indian River) R-7 (Indian River) M-1 andiini River ar WCD) 2724 hours M-2 (Sebastian River W 2'724 hours M-3 (Sebastian/Roselan /Fleining Grant) M-4 (Corrigan Ranch// Vero Lake Estates) / M-5 (Fellsinore WCP) 2"124 hours SJ -i (St. Johns I SJ -2 (St. Johns �$hrsh) SM (Talbot SJ -4 (Delta Farfns WCD) I (Ord. No. 91-#, § 88, 12-4-9 1; Ord. No. 2005-03 1, § 1, 9-6-05; Ofd. No. 2012-036, § 3, 11-6-12) Section 9$0.08. Permit requirements. (1) 7�jie A permit. A detailed description and drawingAscale one (1) inch equals fifty (50) feet or larger)hf the proposed stormwater management Sectly'n 930.071. Drainage basi maximum gil d s ar era on Procedure. No maximum discharge rate tei symi be adopted for any drainage basin over )6hich Indian River County has jurisdiction ex- Supp- No. 94 930/22 Ihall be submitted to the community pn:ent director by a Florida registered en- �r or, for any development project constructed site of one (1) acre or less, a Florida regis- architect, as long as any engineering service ved in the design is purely incidental to the tect's practice, as provided for in Florida FWAIMUSIRMT19,111M P577 Draft Revision to County Code Subsection 930.07(2)(i) (i) Additional requirements. Cut and fill. An equal volume of storage capacity must be created for any volume of the base flood that would be displaced by fill or structures except for the following instances: a. Those development projects within the special flood hazard area along the Indian River Lagoon when granted a waiver from the cut and fill balance requirements by the board of county commissioners. In the special flood hazard area of the Indian River Lagoon, an equal volume of storage capacity must be created for any volume of the base flood that would be displaced by fill or structures below elevation two and one-half (2.5) feet NAVD88, or the ten-year flood elevation which has been determined in the flood insurance study, whichever is greater. The board of county commissioners may, in its discretion, grant a waiver from the provisions of this subsection upon the affirmative showing of the applicant, by means of a competent engineering study, that the development project is situated in an estuarine, environment and that the development project, as designed, will meet all other requirements of the stormwater management and flood protection chapter and will not create a material adverse impact on flood protection on other lands in the estuarine environment. b. Subdivided lots of less than one (1) acre in area that existed prior to July 1, 1990. At such time as the county may create or cause to be brought into existence a stormwater utility or other entity charged with managing drainage concerns, the requirements of this section will apply for lots less than one (1) acre in area existing prior to July 1, 1990, if the utility or entity has the authority to compensate for fill added in special flood hazard areas by administering a program that causes compensation for fill added on individual lots to be mitigated by contribution to an.,off-site mitigation fund for a central facility or facilities, owned.by the county, the stormwater utility, or other entity. c, Those development -prqjects, located in the St. John's Marsh and within either the Terra Ceia, Holopaw, Delray, Canova, Gator, or Floridian soil types (as described in the United States Department of Agriculture Soil Conservation Service Soil Survey of Indian River County, latest edition) for which a cut and fill waiver has been granted by the board of county commissioners. The board .of county commissioners may, in its discretion, grant a waiver from the provisions of this subsection upon the affirmative showing of the applicant, by means of a competent engineering study, that the development project, as designed, will meet all other requirements of the stormwater management and flood protection chapter and will not create a material adverse impact on flood protection. d. Development located within the Vero Lake Estates Municipal Services Taxing Unit as referenced in Ordinance No. 84-81, for which a cut and fill waiver has been granted by the board of county commissioners. The board of county commissioners may, in its discretion, grant a waiver from the provisions of this subsection upon the affirmative showing of the applicant, by means of a competent engineering study, that the development project, as designed, will meet all other requirements of the stormwater management and flood protection chapter and will not create a material adverse impact on flood protection. ATTACHMENT 3 C:\Users\roland\Desk�p\930,07(2)(i) cut fill draft revision 8-2-17.docx P578 Draft Revision to County Co -de Subsedion 93,ll]I.07(-2)(i) Nostructure or fill shall be permitted within thedi , ffof the floodway of the St. Sebastian River, South Prong enept as provide.d , , 9�1section),00.07Q)(9)1a. .g ATTACHMENT 3 C:kUseri\roiand\Daktop\.930.0i(ii(l) cut fill dnft reviiion 9z1-17.dm P579 0 M': f FEMA -u/ Compensatory Storage Navigation The purpose of this page.is to define compensatory storage, a commonly used term in floodplain management. Search \/ Collapse All Sections Languages \/ Definition/Description Flood Insurance (/national -flood- The NFIP floodway standard in 44CFR 60.3 (d) restricts new insurance -program) development from obstructing the flow of water and increasing ,Got a problem? flood heights. However, this provision does not address the (/got -problem) need to maintain flood storage. Especially in flat areas, the How do I Buy Flood Insurance? floodplain provides a valuable function bys�toring floodwaters. (/national-flood- Insurance- When fill or buildings are placed in the flood fringe, the flood program/How-Buy- storage areas are lost and flood heights will go up because Flood- Insurance) there is less room for the floodwaters. This is particularly Flood insurance Forms (/national- important in smaller watersheds which respond sooner to fl.00d-insurance- changes in the topography, One approach that may be used to program/national- flood-insurance- address this issue is to require compensatory storage to offset prograrn-forms) any loss of flood storage capacity. Some communities adopt National Flood Insurance more restrictive standards that regulate the amount of fill or Program Policy buildings that can displace floodwater in the flood fringe. Index (/national - flood -insurance- Community Rating System credits are available for communities program -policy - index) that adopt compensatory storage requirements. Accessory Structures (/accessory - structures) Guidance Anchoring (/anchoring) a IS -9 ManaRinR Flood Dla in Develoo ment ThrouRh The Appurtenant National Flood Insurance Program (NFl Structure (/appurtenant- Wwww,fema.gov/meclia- structure) libraUL/assets/documents/6029) (page 6-21) ATTACHMENT4 P580 Program Overview 113 Credit Points and Credited Activ , Ities To be recognized in the insurance rating system, local floodplain management activities must be described, measured, and evaluated by the CRS. The basic document. detailing the program is the CRS Coordinator's Manual. It sets forth the procedures, creditable activities, and the credit points assigned to each activity, and gives examples of activities and how their credit is calculated. 113.a. Credit Points and Classification A community receives a CRS classification based upon the total credit for its activities. There are 10 CRS classes. Class I requires the most credit points and gives the greatest premium reduction or discount. A community that does not apply for the CRS, of does not obtain the minimum number of credit points, is a Class 10 community and receives no discount on premiums. The qualifying community total points, CRS classes, and flood insurance premium discounts are shown in Table 110-1. Table 110-1. CRS classes, credit points, and premium discounts. CRIS Class Credit Points (cT) Premium Reduction In SFHA Outside SFHA 1 4,500+ 45% 10% :2 4,OOD-4.499 .40% 10% 3 3,500-3;999 35% 10610 4 :3,000-3,499 30% 10% 5 2,500-:2,999 25% 10% 6 2,000-2,499 20% 10% 7 1,50D-1,999 15% 5% IF -8 1 1,OOD-1,499 10% 5% 1 9 1 500-999 5% 5% 11 10 1 0-499 1 0 1 0 1 SFHA Zones A, AE, A I�A36, V, VI-V30,AO, and AH Outside the SFHA: Zones X, B, C, A99, AP, and D Preferred Risk Policies are not eligible for GRS premium discounts because they already have premiums lower than otherpolicies. Preferred Risk Policies are available only in B, Q and X Zones forproperties that are shown to have a minimal risk of flood damage. Some minus -rated policies may not be eligible for CRS premium discounts. Premium discounts are subject to change. ATTACHMENT 5 CRS Coordinator's Manual 1,10-3 Edition: 2017 P581 Community : Indian.River County, FL NFIP Number: 120119 720 COMMUNITY CREDIT CALCULATIONS CALCULATION -SECTION: Verified Activity Calculations: Credit c3l 0 54 54 c320 140 140 c330 53 53 c340 10 10 c350 56 56 c360 0410 x CGA c420 '315 x CGA 1.20 378 c430 557 x CGA 1;20 '668 C440 92 x CGA 1.20 110 c450 112 x CGA 1.20 134 c510 109 c520 c530 c540 162 162 c6l 0 83 83 c620 c630 71 71 722 Community Classification Calculation: cT 2028 ,cT = total of above Community Classification '(from Appendix 0): Class= 6 CEO Name/Address: CIRS Coordinator Name/Address: Joseph A. Baird County Administrator 1801 27th Street, Building A Vero Beach, Florida 32960 Roland M. Deblois, AIC.P Chief of Environmental Planning 1801 27th Street, Building A Vero Beach, Florida.32960 (772) 226-1258 Date Report Prepared: November 16, 2011 AW -720 ATTACHMENT 5 P582 maximum discharge limitations, and setting level -of -service standards for are—r quality and flood protection. Policy 4.3: The county will continue to include. 15Wirentatives from F.S..298 Drainage Districts on its Technical Review Committee_,--' Policy 4,4: The county will o rdffi�a-te with applicable local governments and F.S. 298 Drainage Districts to . e notification to appropriate entities of development having potential impacts other jurisdiction. 4:5: The county shall roordinatewiththeSJRWMD, and encourage the municipalities the county to adopt stormwater master plans. OBJECTIVE 5 Preservation of Floodplains and Floodways The county shall maintain its Comprehensive Emergency Management Plan (CEMP) to serve as a comprehensive floodplain management plan approved by the Federal Emergency Management Agency (FEMA). Policy 5. 1: Within regulatory floodways designated on the most current Flood Insurance Rate Maps (171111vis), the county shall prohibit encroachments, including fill, new construction, substantial improvements, and other development that would result in any increase in flood levels during the occurrence of a flood discharge, unless specifically approved by the Administrator of the Federal Insurance Administration under the provisions of 44 CFR 65.12, as amended. Policy 5.2: Contingent upon available funding in the county's environmental lands program, the county shal 1 continue to acquire property in the I 00 -year floodplain for conservation. Policy 5.3: For any structures or fill placed within the 100 year floodplain, an equal volume of storage capacity must be created for any volume of the base flood that would be displaced by fillor structures, except for the following instances as more specifically described in LDR Chapter 930: > development projects within the floodplain along the Indian River Lagoon granted a waiver by the county upon showing the development will not create material adverse impact on flood protection; > subdivided lots less, than one (1) acre in size existing prior to July 1, 1990; > development projects located in the St. Johns Marsh, when granted a cut and fill waiver by the county based on lack of material adverse impact; or Community Development Department Indian River County 42 ATTACHMENT 6 P583 Comprehensive Plan Stormwater. Mauseement Sub4lement I > development within the Vero Lake Estates Municipal Services Taxing Unit (MSTU) for which a. cut and fill waiver hasbeen granted by the county, Policy 5.4: The county will preserve thenatural functionsand values of wetlands by, implementing the policies listed under Objective 5 of the Conservation Element. OBJECTIVE 6 Recharge of the Surficial Aquifer Consistent with Objective 2 of theNatural Groundwater Aquifer Recharge Sub-clemeqAhere will be no reduction in the availability of groundwater from the surficial aquifer through 2030. Poligy 6. 1: The county will continue to require on-site retention/detention iq,<ccordance with SJRWMD and FDEP performance standards, as outlined iMhe Storm eir Management and Flood Protection ordinance. Policy 6.2: Ile county will continue to require reuse of sb - Zter runoff for irrigation of golf courses and other developments with wet dctentio;��ntion pands with a surface area greater than one'atre. Policy 6.3: By 2012, the county shall explore theXasibility of developing stormwater parks in the unincorporated county to recharge the 5ifificial aquifer. OBJECTIVE 7 Stormwater Ouality Consistent with DCA Rule 9J-5.011(2),(pf ,(5), the county shall maintain Water-QualityLevel of Service (WQLOS) based on Pollut t Load Reduction Goals (PLRGs) established by the SJRWMD for the Indian River Lp I g?.!n and, w . hen available, based on Total Maximum Daily Load (TMDL) standards esta shed for the Lagoon. I Poligy 7. 1: The coXy shall cooperateAith the TRLNEP, SJRWMD, FDEP, DHRS, Marine Resources Coutyll (MRC), and other organizations in conducting an inventory pollutant a/dino th d an R ago]n loa 0 g' t 'ver L 7 ding of suspended solids within stormwater ranoff oli 7 T e 0 nL III red;ce th c h c u w by p ng unpaved c ty roa w thin developed areas where the roads' drainage systems, dl arge into the IRL. Policy 7.3: The county will continue to requite applicants for land clearing penruits to submit erosion control plans. Pdlicy7.4: The County will continue to operate a street sweeping program for county roads. Community Development Department Indian Piver County 43 ATTACHMENT 6 P584 COmpreheaslye plan Poligy 4.5: The county shall require dune cross-over structures for all new publicodd private development desiring beach access. The county shall not approve plans which 6 not iclude FDEP approved dune cross-over structures at beach access points. Policy 4.6: Indian Rivet County shall protect and preserve natural bea and dune systems by adopting the specific criteria for shoreline stabilization wi rporated portion of i limits of the c Vero Beach, as outlined in Indian River County and within the munic; pal Policy 10.5 of the Conservation Element. Policy 4.7: 'Me county shall continue to prohibit Moto vehicles on the beach/dune area, to except for vehicles engaged in emergency activiii p itted government vehicles and ru� tl erm M permitted vehicles associated with approved corst�cb�onprestoration and/or scientific projects. Polia 4,8: The county shall enforce its/each and clune protection land development regulations by requiring mitigation orreo6ration of dune disturbances, and imposing fines as warranted in association with code ' v':, ;viotions. Poligy 4.9: County staff will a meetings held by the Sebastian hilet Tax District, and will ec . I i i participate in evaluating t SZ a studies prepared by the District. Poligy 4.1 : The countXAall continue to monitor the PEP reef to evaluate the effects of the reef on shoreline stabildation. Policy 4.11: TheXlunty shall continue to study alternatives to fund shoreline stabilization for the areas of cAical erosion identified in the 2008 Florida Department of Environmental Protection)kritically Eroded Beaches in Florida report. ��c 2 e Fl�rida F d n e rarm 'si 0" lopment of Co s ry = � E in th d a"o ri n� �ding loc Z data on sea Th co�ry hs' W"dlif 0 0 and eF ond D of �P 0 a wi P a hes by pro an 7W !ral = es and 0 er coastal data as may a j a on 0 id Iddell b tC e r e nesimg, erosion even 'potenhaicozrrutigationsit equested y the FwC and DEP . OBJECTTVEs Limiting Public Expenditures in the Coastal High -Hazard Area Through 2030, there will be no expansion of infrastructure within the Coastal High Hazard Area (CH11A) other than that which is deemed necessary to maintain existing l�vels-of-serviec Policy 5. 1: The county hereby designates the "Coastal High -Hazard Areall (CHHA) as the area below the storm surge line of a category I hurricane, as established by a Sea, Lake, and Overland Surges from Hurricanes (SLOSH) computer model. The CHHA shall be depicted on the County's Future Land Use Map, Figure 9.11 of this element is hereby adopted as the county's CHHA designation map. Community Development Department ATTACHMENT 6 Indian River County 5 1 P585 Comprehensive Plan C�tal Management Elment Policv5. :The county shall not subsidize public facilities within the CHHA, othcrthaii those which are deemed necessary to maintain existing level -of -service standards, and those which are directly related to public access and/or resourcemanagement. Furthermore, the county shall adopt Objective 2 and its associated policies of the Capital Einprovements Element. Policy 5.3 Following a storm event, the Public Works Department shall assess all county facilities in the CHRA that were damaged, and shall make recommendations to reduce future exTenditures and potential damage risks. In addition, the Public Works Department shall conduct a cost/benefit analysis to evaluate the relocation of storm damaged infrastructure or infiwtructure which is repeatedly threatened by potential storm damage, Policy 5.4: The county shall maintain, at a minimum, a Federal Emergency Management Agency (FEMA) Community Rating System (CRS) classification of "6" by continuing to enforce LDR Chapter 930 - Stormwater Management and Flood Protection, and by evaluating structures for compliance with the FEMA's 50% Rule, as described in Policies 7.4 and 7.5 of this Element. OBJECTIVE 6 Reduction of Hurricane Evacuation Times of Reduce Public Risk Through 2020, Indian River County will maintain an estimated evacuation 7time of I ours or less for a Category M hurricane. Folipy 6,1: The county hereby designates the "Hurricane Vulnerabili y Zone" (HVZ), as described in the Treasure Coast Regional Planning Council's Hurfleane Evacuation Study (1988 update), as the area of the county subject to being a Category III or greater hurricane. (Ref Figure 9.12) Policy 6.2: The county will con I sting schools, municipally -owned t'nue to moni buildings, and county -owned buidings to id( rfiffy those buildings that are appropriately designed and located to serve as hurrir;ane. acuation shelters. The county will solicit state funding for retrofitting primary shelters increase hurricane -proofing of such structures as warranted. Policy 6.3: To ensure that new developments within the CHRA incorporate hazard is, su mitigation techniques, su as dedication of emergency accesses, the county shall continue to I ,assess the vulnerabili f public infrastructure, private residences, and businesses within the tviCHHA throught�e ountys inter -departmental development review process. fililian River County shall continue to coordinate with the Treasure CoastRegional 'ouncil (TCRPC), Brevard County and St. Lucie County concerning evacuation populations involved to assess the impact of regional growth on local evacuation Policy 6,5: To maintain current evacuation times, the county shall implement Objective I I of the Coastal Management Element and Objective 17 of the Future Land Use Element and their Common ty Development Department Indian River County 52 ATTACHMENT 6 P586 ro 6TO W 7m I 4-4 u 1).. lk, z Ilp 6Rp - I r---4 4-A 4-a Cfj 4-1 cn ct 4—j r ct ct -4--a U� ct CIO ;--� ct 4-4 4-4 C14 ('P53(.D >1 0 co 0 N 'a 0 0 2 w LL �7-1 - - TT - ILA 6 UP- jig 6 UP- C.21 Ct ct u ct 1 0 0 t� -4� c) > 03 ;-4 C) Ct > ct cn C�j u 0 0 0 M �p �S(-o - � 77:$ W') cn C --A v 0c) C�$ SA 03 C�3 03 a) �o cn u ct 0 Ct 4-4 0 cn cn Uo M C's cn Cld u u ,P, 6sb - 5 I I ct 42, cn 0 0 0 n- (P,6s(-v� 4-A 4-4 -+-a 4-A 0 0 n- (P,6s(-v� r---4 M 4-j (A M u oc ct rA C.) -4-j OC) cn cd CTS c1d bi) bi) u u u u q% -P -T 00 03 0 o3 0 cn En cn ct C�3 ct cn Cd cn ct C�3 4-4 r� (01� rl v c1d Cld ct M Ct (A C)� q� $:� 4-a cd T 59(.0 -9 Departmental Matters INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: July 31, 2017 THROUGH: Jason E. Brown, County Administrator FROM: Mic hael Smykowski �141; Director, Office of Management & Budget SUBJ[ECT: Indian River County Travel Policy Background County employees travel in state and out of state to represent Indian River County on official county business or to attend professional developmentAraining courses. Currently, Indian River County does not have a formal travel policy, but abides by the travel reimbursement guidelines outlined in Florida Statute 112.061. Adoption of a formal written travel policy provides a framework to help employees understand and follow the County . 's travel reimbursement process. i Funding There is no specific fiscal impact associated with this travel policy. The policy provides a framework for reimbursements to employees that incurred travel expenses while on official county business. Travel expenses are funded from individual employee's respective departmental budgets. Staff Recommendation Staff recommends that the Board approve the proposed Indian River County Travel Policy and incorporate into the Administrative Policy Manual. Attachment: Proposed Indian River County Travel Policy APPROVED AGENDA 1TEM: FOR: August 15, 2017 P587 Indian River County Travel Policy Purpose It is the intent of this policy to provide Indian River County employees a comprehensive reference for uniform interpretation of payment or reimbursement for travel expenses incurred in conjunction with official County business. This policy is applicable to all Board of County Commissioner employees and Board members. The County will follow F.S. 112.061 for purposes of travel. In the event of any conflict, Florida Statutes will govern. Any future changes to F.S. 112.061 will be automatically incorporated into this policy. It is the policy of the County to pay applicable expenses of employees, County Commissioners, and candidates for executive and professional positions when the travel is necessary or beneficial to the County and the expenses are incurred in the pursuit of County business. County employees are often required to travel when conducting County business. The benefits of this travel fall in the areas of training, maintaining knowledge base on existing or new government regulations, exchanging ideas, or accomplishing a certain task and/or solving a particular problem on behalf of the County. All such travel will be reviewed and approved based on the following criteria outlined in F.S. 112.061(7): (1) The nature of the business. (2) The most efficient and economical means of travel (considering time of the traveler, impact on the productivity of the traveler, cost of transportation and subsistence allowances). (3) The number of persons making the trip and the amount of equipment or material to be transported. , 1 (4) All travel arrangements should be made in a usually traveled route. All travel must be pre -approved, based on the approval chain identified in the table on the following page. Employee and Board Member Responsibilities An employee or Board member traveling on official business is expected to exercise the same care In incurring expenses that a prudent person would exercise if traveling on personal business and expending personal funds. When making reservations, employees should ensure they are speaking directly to a hotel representative rather than a third party booking agent to avoid Incurring sales tax. Excess costs, circuitous routes, luxury accommodations, and services unnecessary or unjustified in the performance of official business are not acceptable under this standard. Employees and Board members will be responsible for unauthorized costs and any additional expenses incurred for personal preference or convenience. Employees and Board members are expected to be in attendance at all meetings to which they are traveling. Willful P588 violations of this policy may result in disciplinary action, up to and including dismissal from County employment. Due to the necessity for travel, the following regulations (in accordance with Section 112.061, Florida Statutes) have been formulated toprovide consistency in submitting and processing travel requests and to establish proper accounting procedures for travel. Definitions As used in this policy, the following terms shall have the meaningskindicated: Designated Representatives — Approval to incur payment of business related travel expenses will be granted as noted in the table below. Out of state travel requests must be approved by the County Administrator. Traveler Approval of Travel Request Process County Commissioner Board of County Commissioners Commissioners submit travel requests as separate agenda items, which are approved by the entire Board during an advertised County Commission meeting. County Commission Immediate Supervisor Travel Request -form request submitted to Staff supervisor. County Administrator Board of County Commissioners The County Administrator submits travel requests as separate agenda items, which are approved by the entire Board during an advertised County Commission meeting. County Attorney Board of County Commissioners The County Attorney submits travel requests as separate agenda items, which are approved by the entire Board during an advertised County Commission meeting. County Attorney Staff CountyAttorney Travel Request form request submitted to Members County Attorney. Assistant County County Administrator Travel Request form request submitted to Administrator and County Administrator. Department Heads Departmental Staff Department Heads Travel Request form request submitted to Department Head. Travel Classifications — Travel shall be classified as follows: (1) Class A Travel: Continuous travel of 24 hours or more away from the official headquarters. (2) Class B Travel: Continuous travel of less than 24 hours, which involves overnight absence from official headquarters or a same day travel that is P589 substantially longer than an ordinary days work schedule (10 or more hours away from official headquarters). (3) Class C Travel: Travel for short or day trips where the traveler is not away from his/her official headquarters overnight and travel time does not substantially exceed an ordinary day's work schedule. (4) OFFICIAL HEADQUARTERS.—The official headquarters of an officer or employee assigned to an office shall be the city or town in which the office is located except that: (a) The official headquarters of a person located in the field shall be the city or town nearest to the area where the majority of the person's work is performed, or such other city, town, or area as may be designated by the agency head provided that in all cases such designation must be in the best interests of the agency and not for the convenience of the person. (5) Lodging: For purposes of reimbursement rates and methods of calculation, per them and subsistence allowances are provided as follows: (a) All travelers shall be allowed for subsistence when traveling to a convention or conference or when traveling within or outside the state in order to conduct bona fide state business, which convention, conference, or business serves a direct and lawful public purpose with relation to the public agency served by the person attending such meeting or conducting such business, either of the following for each day of such travel at the option of the traveler: 1. Eighty dollars per them as delineated in F.S. 112.061; or 2. If actual expenses exceed $80, the amounts permitted for subsistence as outlined in the Meal Allowance section of this policy, plus actual expenses for lodging at a single -occupancy rate to be substantiated by paid bills. Lodging Allowance: (1) Actual cost of lodging at a single occupancy rate or full cost for lodging at the designated seminar or conference designation. (2) Generally, the least expensive hotel choice is selected. Exceptions are made only with Department Director's approval. P590 (3) if the selected hotel is not the "host" hotel, reasonable transportation expenses to event will be considered (i.e., taxi/rental car/shuttle) if not provided by the event sponsor. (4) A County credit card or County check and sales tax exemption certificate should be presented for payment at any Florida hotel. Sales taxes will not be reimbursed to the traveler should he/she pay with personal credit card, personal check or cash. Please note that the current practice of most hotels requires receipt of a check two weeks in advance of the hotel stay and will require advance planning on part of the traveler. (5) Employees are not required to share hotel rooms with other employees. However, employees may opt to share a room to defray travel expenses, if all employees consent to sharing a room. (6) Only hotel rooms and business related expenses are reimbursed by the County. Personal expenses incurred at a hotel (personal phone calls, movies, room service, etc.) are the responsibility of the traveler. Meal Allowance: (1) Meal Compensation Rate: The meal compensation rate (i.e., subsistence rate) is in accordance with Florida Statutes 112.061(5)(b) and 112.061(6)(B) as detailed below: (a) Breakfast: when travel begins before 6:00 a.m. and extends beyond 8:00 a.m.; the current subsistence rate ($6) as delineated in F.S. 112.061. (b) Lunch: when travel begins before 12:00 noon and extends beyond 2:00 p.m.; the current subsistence rate ($11) as delineated in F.S. 112.061. (c) Dinner: when travel begins before 6:00 p.m. and extends beyond 8:00 p.m. or when travel occurs during nighttime hours due to special assignment; the current subsistence rate ($19) as delineated in F.S. 112.061. (d) If meals are included in registration fees, standard allowances must be reduced using the meal allowance amounts noted above. No reimbursement will be made for any meal (includes continental breakfast) or lodging included in a convention, conference, or class registration fee paid by the County. Generally, subsistence reimbursements are not provided for travel confined to Vero Beach or immediate vicinity (within County). (e) Meal functions sponsored by organizations such as professional associations will be paid based on support (receipt) documentation. P591 If) Actual meal costs will be reimbursed for any employee who must follow a medically prescribed diet. Approval of Travel Expenses: (1) All travel that is expected to result in reimbursement of eligible expenses must be pre -approved by the designated representative and authorized in writing on the appropriate travel request and/or voucher reimbursement form. A copy of the program or agenda of the convention, conference, etc. outlining registration fee, meals, lodging shall be attached to the travel authorization request. (2) This shall apply to out of County travel for both regular business and professional development. (3) All travel must be approved in advance by the appropriate approver of travel requests in accordance with the table on page 2 of this policy. In emergency situations, the travel approver may give verbal approval to travel, which must be followed by proper authorization procedures upon return from that travel. Out of state travel must be approved by the County Administrator. (4) No reimbursement is given for personal expenses incurred while on travel (i.e., personal phone calls/faxes, personal purchases, adding on personal travel days to business travel days, travel for anyone other than the authorized traveler, hotel/airline/rental car upgrades). Travel Advance Policy: (1) Advances for anticipated travel expenses should be requested at least one week prior to the expected departure. The Finance department requires that expenses be submitted on Friday for release the following Friday. To avoid unnecessary paperwork, it issuggested that advances not be obtained for less than $50. (2) Travel advances will be limited to the costs of registration fees, hotel reservations or any other expenses that must be pre -paid. Meals, mileage, tolls or other incidental travel expenses will be reimbursed upon submission of travel voucher. (3) Travel advances will not be granted unless sufficient funds are available in the appropriate cost center or the Department Director submits a budget line item transfer/amendment in accordance with the County's financial procedures. P592 (4) Any unused advances must be repaid (cash, mone y order, or personal check from the traveler) within 30 days and submitted with the final expense report. Direct payments to an organization, business or vendor for registration, meals, materials, travel, and the like will not be considered travel advances. Use of County Vehicles: A County -owned vehicle, if available, may be used for travel if usage time is not prohibitive. Any employee driving a County vehicle must have first completed the defensive driving course offered through Risk Management, as required by the County's insurance policy. Use of Privately Owned Vehicles: A requesting party may use his own personal vehicle for travel and be reimbursed as follows: A traveler using a private vehicle shall be entitled to a mileage allowance at a rate of 44.5 cents per mile, as delineated in F.S. 112.061. The point of origin to the point of destination is the basis for the mileage reimbursement and should be supported by documentation from a map or routing software such as Mapquest. Reimbursements for expenditures related to the operation, maintenance, and ownership of a vehicle shall not be allowed when privately owned vehicles are used on public business. Employees who receive a vehicle allowance will not be eligible to receive mileage reimbursement fortravel within Indian RiverCounty. Lodging and meal reimbursement will be allowed during the trip that otherwise would have been made by air carrier. Privatevehicle owners will be responsible forall insurance on theirvehicies Car Rental Car rental will be approved If: The hotel or seminar sponsor provides no regular shuttle. The hotel Is Isolated from any amenities (restaurants, taxis); Taxi service is not a better option. However, if the above criteria are not met, the Department Director will decide if a rental car is needed based on the following: Cost and availability of parking the rental car, Car rental fees versus taxi fares, considering the distance and the number of trips to the seminar; Availability of taxi services. Use of Commercial Airlines: (1) Travel by commercial airlines may be authorized in cases where use of commercial airlines is of advantage to the County. Air travel will be scheduled at coach (most economical class) rates. Pre -planning should be used to take advantage of various airline discount special rates. (2) Only airline tickets for authorized County travel requirements may be charged to Indian River County. All airline travel shall be substantiated by a receipt. (3) The County will pay for one checked bag per week of travel for each traveler (roundtrip). Special Procedures: (1) When driving to an approved business meeting, conference or seminar outside the Indian River County area, but within the State of Florida, meal allowances will be allowed for normal meals in accordance with F.S. 112.061. (2) When reimbursement for lodging and meals is to be provided by other agencies (government or non-government), employees may be paid at the reimbursed rate if it exceeds the County's rate, subject to submittal of appropriate documentation. Prior to trip approval, the requisite travel request forms must be submitted to the Budget Office to ensure funding availability. Inclusions and Exclusions as to Authorized Expenses: In addition to meals and lodging, the following actual expenses incurred as a necessary part of approved travel may be claimed with submission of receipts or documentation: (1) Registration fees. (2) Reasonable commercial transportation cost actually paid by the traveler to/from commercial transportation terminals and place of lodging and to/from places of business. P594 (3) Parking fees. (4) Mileage for approved use of private vehicle. (5) Rental car cost, including sales tax if paid for out of state travel. (6) Fuel and emergency repairs for County -owned vehicles. (7) Road, bridge, or tunnel toll charges or ferry fares. (8) Air fare, if reimbursement is requested with receipt. (9) one checked bag per week of travel with the airline. Reporting Expenditure: (1) After returning from the trip, a travel voucher is required and must Include receipts for all expenses Incurred; the travel voucher must be completed by the employee and submitted within 30 days to the Budget Department. Administrative Hardship: (1) If any of these provisions create undue administrative hardship on any of the departments involved, the County Administrator may grant exceptions within the limitations contained in Section 112.061, Florida Statutes, based on written requests. Spouses: (1) When the spouse accompanies the employee, the spouse's expenses will not be reimbursed. The employee will pay the difference between single and double accommodations and all other expenses including transportation, meals, etc. Fraudulent Travel Claims: Section 112.061(10), Florida Statutes, classifies fraudulent travel claims as a misdemeanor of the second degree. The penalties prescribed in Sections 775.082 and 775.083, Florida Statutes, are a term of imprisonment not to exceed 60 days and/or a fine not to exceed $500. In addition, the traveler shall be civilly liable for the amount of the overpayment, and subject to discipline up to and including termination. P595 i INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: August 9, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Through: Jennifer Hyde, Purchasing Manager Prepared By: Terry Southard, Operations Manager, Utility Services Subject: Sole Source for Kruger/Oxidation Systems BACKGROUND/ ANALYSIS: 04/ Presently, both the Central Wastewater Treatment Facility (VAVTF) and the South WWTF utilize oxidation systems manufactured by Kruger. The equipment provides aeration and mixing of the bio mass to ensure that the facility is in compliance with the Florida Department of Environmental Protection's (FDEP's) treatment requirements. Presently, the gear box (also referred to as drive system) portion of the 17 -year-old system at the Central WWTF is in need of repair or replacement. Kruger is the sole engineering design proprietor of the Kruger/Oxidation Ditch System. Staff received both repair and replacement quotes for the gear box. Repair of the unit is estimated to be $31,967.45 and replacement is $35,727.65. Since the cost of replacing the 17 -year- old gear box is only slightly higher than repairing it, replacement of the gear box is recommended. Costs for ongoing operational maintenance and equipment was $53,229 in FY15/16 and $30,647 for year-to- date FY16/17. Expenditures to cover the remainder of the year are expected to be $35,727.65. FUNDING: Funds for this repair/replacement are derived from the Central WWTF Gearbox account in the Renewal and Replacement account in the operating fund. Operating funds are generated from water and sewer sales. Description I Account Number Amount Central WWTF Gear Box Replacement 1 47123536-044699-16517 $35,727.65 RECOMMENDATION: The staff of Indian River County Department of Utility Services recommends that the Board of County Commissioners approve Kruger as the sole source provider for Kruger/Oxidation Systems, as well as for any necessary factory maintenance, waive the requirement for bids, and authorize the Purchasing Division to issue purchase orders to Kruger as needed. 1. Kruger Quote No. 042517b rev3 2. Sole Source Letter, Kruger OEM P596 QVEOLIA Kruger 1500 Garner Road Raleigh, North Carolina 27610 USA PHONE 888-578-4378 FAX 919-661-4568 EMAIL: usmunicipatsupport@veotia.com QUOTE NO. 042517b rev3 QUOTE DATE: 08. 10. 17 EXPIRATION DATE: 09.10.17 This quote is valid for 30 days To Kevin Gibson FROM: Tony Cook Indian River County Utilities Customer Solutions Manager Central WWTP Southeast Region 3550 49th Street tony.cook@veolia.com Vero Beach, FIL 32967 CELL 919-931-9044 Ph 772.770.5244 kgfbson@frcgov.com SALESPERSON JOB PAYMENT TERMS DELIVERY TERMS DELIVERY SCHEDULE AAC IRC Central WWTP Net 30 Days F.O.S. Prepaid ft Add 1 in stock Destination QTY PART NUMBER AND DESCRIPTION UNIT PRICE LINE TOTAL * NOTE: The attached Kruger Quotation Is for Parts Only. The pricing Is expressly contingent upon the Items In this quotation & ire subject to Kruger Standard Tema of Sale for Parts Orders as detailed herein. No add'i tome contained within Owner's and/or Engineer's Plans & Specifications shall apply to nor become a part of this Quote. VWS,# CMSPGU201301 - UM250 gearbox with DS -250 coupling. Right hand orientation. Motor not included. Component of Kruger Rotor Drive System. Gearbox alignment verification post installation by factory authorized representative. Required to validate 1 year warranty. Kruger to provide verification services only. The equipment must be property aligned before Kruger's arrival. If alignment verification faits the test, the Kruger technician can either wait while your team corrects the alignment or reschedule a second trip. Field Service to include one (1) Field Engineer to perform a post installation alignment verification. If additional time is needed It will be added to the per unit price hourly rate, see attached contract specifications for details. Inclusive of (1) one, (8) eight hour days onsite and travel expenses. *CONFIDENTIAL, Not to be shared with a third partr ALL PRICES SUBJECT TO COST AND AVAILABILITY AT TIME OF ORDER. PRICES QUOTED ABOVE DO NOT INCLUDE SHIPPING, BROKERAGE, CUSTOMS DUTIES & FEES, START UP SERVICES, APPLICABLE TAXES. MINIMUM ORDER $50.00. $165/hr plus travel expenses $33,877.65 Estimated $1,500.00 ESTIMATED SUBTOTAL $35,377.65 LESS 15% DISCOUNT Included PROCESSING FEE WAIVED FREIGHT $350.00 SALES TAX IF APPLICABLE ESTIMATED TOTAL $35,727.65 P597 Quotation prepared by: To accept, sign here and return*: THANK YOU FVK TVUK DUMINIMI PLEASE NOTE: A signed Quotation is required to process order. If you submit a PO, please reference Kruger's Quotation number to process order. I K roger — Standard Terms of Sale — Aftermarket St"ice (Rev. 114/2010) FOLLONVS I P598 KRUGER - STANDARD TERMS OF SALE - AFFERMARKET SERVICE (REV. 1/4/2010) 1. APPLICABLE TERMS. These terms govern the purchase and sale of the goods and related services, if my (the "Goods"), referred to in Customer's purchase order or Seller's quotation, proposal or order acknowledgment, as the case may be. Whether these terms are included in an offer or an acceptance by Seller, such offer or acceptance is conditioned on Customer's assent to these terms. Seller rejects all additional or different terms in my of Customer's forms or documents. If Customer submits a form with contrary terms or conditions, such order shall be considered as confirmation only and in no way amend, prevail over, supplement, or supersede my provision herein, 2. PAYMENTS. Unless otherwise agreed to by Seller in writing, all amounts payable hereunder shall be due to Seller within thirty (30) days of invoice date. Late payments shall bear interest at the rate of 18% per annum or the highest rate permitted by law, whichever is less. All prices are exclusive of and Customer shall pay all expenses including insurance. freight, carriage, and warehousing unless otherwise agreed in writing by Seller. 3. TAXES AND PRICING, All prices quoted are subject to change without notice and are exclusive of taxes, Customer shall pay all taxes resulting from transactions, including without limitation occupation, property, ad valorem, excise, salcs, or use tax, but excluding my taxes based on the income of Seller. no purchase price, including applicable taxes, shall be subject to increase based on Seller's established price at the date of actual shipment� if shipment is delayed thirty (30) days, or more, beyond the scheduled shipment date, and such delay is caused in whole or in part by circumstances beyond the reasonable control of Seller as provided in paragraph 10. 4. SHIPM ENT. Scheduled shipment chate(s) are an estimate only. On or after the scheduled shipment clate(s), Customer shall accept shipment upon notification by Seller; or if Customer refuses shipment, then Seller is authorized to have the Goods transported and warehoused, at the Customer's expense and risk, which act shall constitute shipment to Customer, in which event, Seller may declare as immediately due all =aunts due upon shipment, Seller's shipping weights will govern for each shipment or partial shipment. Should Customer dispute the shipping weight of my shipment or partial shipment, Customer will promptly notify Seller in writing of the reasons for such dispute and provide to Seller all necessary documentation to substantiate the difference. 5. TITLE/RISK OF LOSSANSURANCE. Title to and risk of loss of the Goods shall pass from Seller to the Customer when the Goods or any component pans thereof are placed in the possession of the carrier for shipment to Customer. Customer shall provide insurance to be for no less than the total mount owing to Seller with loss first payable to Seller. 6. ACCEPTANCE OF GOODS. Customer shall inspect or test all Goods upon receipt. Customer shall be deemed to have affected final acceptance of the Goods on the earlier of (i) fifteen (15) days from the date of initial shipment, unless written notice of any non-conformance is received by Seller within such period; or (ii) on the date when used or otherwise placed in commercial operation. 7. WARRANTY, (a) Seller warrants that title to the Goods sold shall be free from my third party encumbrance, and will conform to the description contained on Seller's invoice; (b) Seller warrants that my Goods shall conform to the description set forth in Seller's proposal =it be from defects in materials and workmanship; (c) SELLER DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THERE ARE NO REPRESENTATIONS OR WARRANTIES EXCEPT AS SET FORTH HEREIN. 8. REMEDY AND LIMITATION OF LIABILITY. Seller's sole responsibility and liability and Customer's exclusive remedy for the supply of Goods not conforming to the warranty ("Dclectivc Good ') shall be limited to the repair or replacement of the Defective Goods (Seller's shipping point), or, at Seller 'a option, to the return of the Goods and refund of the pumhase price of the Goods, without interest. IN NO EVENT SHALL SELLER BE LIABLE TO CUSTOMER FOR ANY INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSS OF ACTUAL OR ANTICIPATED REVENUES OR PROFITS OR INCREASED COSTS OF OPERATION. Seller shall not be liable to Customer, under my circumstances, for any amount in excess of the replacement cost of the Defective Goods. The foregoing limitations of liability apply regardless of whether any such claim arises out of breach of contract, tort (including professional negligence) strict liability or any other legal theory. Seller's obligation hereunder is subject to receipt of written notice of rejection of the Goods from Customer within thirty (30) days after such alleged defect shall be reasonably apparent to Customer. 9. RETURNS. Returned Goods will be accepted only if Seller has given prior written consent thcreto. Except in the case of Defective Goods, a handling, inspection, restocking, and invoicing charges also may be assessed against Customer. All returns allowed must be shipped at Customer's expense and must be in excellent resale condition. 10. DELAY OR NONPERFORMANCE. Seller shall not be liable for failure or delay in performance hereunder due in whole or in part to strikes, work stoppages, fires, acts of terrorism, accidents, wars, rebellions, civil commotion, public strife, acts of any governament, whether legal or otherwise, acts of public enemies, force majeure, shortages of transportation or qualified labor, or my other causes beyond the reasonable control of Seller; this specifically includes delays or inability to obtain product or raw materials because of the actions of Seller's suppliers. 11. DEFAULT. If Customer fails to make any payments when due, or if there is a breach by Customer of any other obligation hereunder, or if reasonable grounds for insecurity arise with respect to the performance of Customer and Customer fails to provide adequate assurance of its due perfommance within ten (10) days after its receipt of a written demand from Seller, then Customer shall be deemed in default and Seller shall have, at its option, the right to take immediate possession ofthe Goods, and/or declare all unpaid mounts immediately due and payable and/or suspend shipments to Customer. Seller shall be entitled to set off my mount owed by Customer against any amount payable to Seller in connection with my unpaid moneys due to Seller. Seller's rights and remedies expressed herein are in addition toany other rights =it remedies available at law or equity. Waiver by Seller of any breach or default shall not constitute a waiver of any subsequent breach or default. 12. CANCELLATION. Upon receipt of written notice from Customer, Seller shall cancel my orders as instructed, subject to Seller 'a (or its subcontractors) right to continue processing raw or finished material to the point at which processing can be halted with the least disruption and cost to Seller. Customer shall be responsible for all costs associated with the cancellation and completion of processing of material. 13. MODIFICATION OF TERMS AND CONDITIONS. These Terms and Conditions may only be modified if in writing and signed by an authorized office of Seller; each of thew ter-ais and conditions shall remain in effect unless the provision(s) am explicitly contradicted by the aforesaid writing. 14. ASSIGMENT. Neither Seller nor Customer may assign any of its rights nor delegate any of its duties hereunder without the prior written consent of the non. assigning party. Any attempted assignment in violation hereof is void. 15. GOVERNING LAW. The supply of the Goods hereunder shall be governed by North Carolina law, exclusive of its provisions concerning conflicts of law. 16. MATERIAL SAFETY DATA SHEETS. To the extent legally required each shipment of Goods is accompanied by a Material Safety Data Sheet in compliance with the OSHA Huard Commumcation Standard. If for any reason one is not immediately available, a copy will be sent upon request via electronic mail as seen as practicable. Seller strongly recommends that Customer use this information to ensure proper use and that fie health and safety of all are protected. P599 KRUGER - STANDARD TERMS OF SALE - PARTS ONLY ORDERS (REV. 1/4/20LOI 1. APPLICABLE TERMS. These tcrms govern the purchase and sale of the equipment and related services, if any (collectively, "Equipment"), referred to in Seller's purchase order, quotation, proposal or acknowledgment, as the case may be ("Seller's Documentation"). Whether these terms are included in an offer or an acceptance by Seller, such offer or acceptance is conditioned on Buyer's assent to these terms. Seller rejects all additional or different terms in my of Buyer's forms or documents. 2. PAYMENT. Buyer shall pay Seller the full purchase price as set forth in Seller's Documentation. Unless Seller's Documentation provides othervase, freight, storage, insurance and all taxes, duties or other governments] charges relating to the Equipment shall be paid by Buyer. If Seller is required to pay my such charges, Buyer shall immediately reimburse Seller. All payments am due within 30 days after receipt of invoice. Buyer shall be charged the lower of I -/�% interest per month or the maximum legal rate on all amounts not received by the due date and shall pay all of Seller's masonable costs (including attorneys' fees) of collecting amounts due but unpaid. All orders are subject to credit approval. 3. DELIVERY. Delivery of the Equipment shall be in material compliance with the schedule in Seller's Documentation. Unless Seller's Documentation provides otherwise, Delivery terms are F.O.B. Seller's facility. 4. OWNERSHIP OF MATERIALS. All devices, designs (including drawings, plans and specifications), estimates, prices, notes, electronic data and other documents or information prepared or disclosed by Seller, and all related intellectual property rights, shall remain Seller's property. Seller grants Buyer a non-exclusive, non- transferable license to use my such material solely for Buyer's use of the Equipment. Buyer shall not disclose any such material to third parties without Seller's prior written consent. 5. CHANGE& Seller shall not implement my changes in the scope of work described in Seller's Documentation unless Buyer and Seller agree in writing to the details of the change and any resulting price, schedule or other contractual modifications. This includes any changes necessitated by a change in applicable law occurring after the effective date of my contract including these terms. 6. WARRANTY. Subject to the following sentence, "Supplier warrants to Purchaser that the Equipment shall materially conform to the description in Supplier's RIP and shall be free from defects in material and workmanship. Supplier shall have no other liability to Purchaser under warranty, tort or my other legal theory, If Purchaser gives Supplier prompt written notice of breach of this warrionty, within ninety days (90) on electrical supplies, one (1) year on mechanical supplies from delivery, (the 'Warranty Period"). Supplier shall, at its sole option and as Purchaser's sole remedy, repair or replace the subject parts or refund the purchase price thereof, If Supplier determines that my claimed breach is not, in fact, covered by this warranty, Purchaser shall pay Supplier its then customary charges forany repair or replacement made by Supplier and there shall be a thirty-five percent (35%) re -stocking charge. Supplier's warranty is conditioned on Purchaser's (a) operating and maintaining the Equipment in accordance with Supplier's instructions, (b) not making my unauthorized repairs or alterations, and (c) not being in default of any payment obligation to Supplier Supplier's wwramy does not cover damage caused by chemical action or abrasive mater ial, misuse or improper installation. THE WARP ANTIES SET FORTH IN THIS SECTION ARE SUPPLIER'S SOLE AND EXCLUSIVE WARRANTIES AND ARE SUBJECT TO THE LIMITATION OF LIABILITY BELOW. SUPPLIER MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE. " 7. INDEMNITY. Seller shall indemnify, defend and hold Buyer harmless from my claim, cause of action or liability incurred by Buyer as a result of third party claims for personal injury, death or damage to tangible prop", to the extent caused by Sellers negligence. Seller shall have the sole authority to direct the defense ofand settle any indemnified claim. Seller's indemnification is conditioned on Buyer (a) promptly, within the Warranty Period, notifying Seller of my claim, and (b) providing reasonable cociperation in the defense of my claim. 8. FORCE MAJEURE. Neither Seller nor Buyer shall have my liability for my breach (except for breach of payment obligations) caused by extreme weather onother act of God, strike or other labor shortage or disturbance, fire, accident, war or civil disturbance, delay of caff iers, failure of normal sources of supply, act ofgovemment or any other cause beyond such partys reasonable control. 9. CANCELLATION. If Buyer cancels or suspends its order for my mason other than Seller's breach, Buyer shall promptly pay Seller for work performed prior to cancellation or suspension and my other direct costs incurred by Seller as a result of such cancellation or suspension. 10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY, SELLER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OT14ER INDIRECT DAMAGES, AND SELLER'S TOTAL LIABILITY ARISING AT ANYTIME FROM THE SALE OR USE OF THE EQUIPMENT SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE EQUIPMENT. THESE LIMITATIONS APPLY WHETHER THE LIABILITY IS BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY. 11. MISCELLANEOUS, If these terms am issued in connection with a government contract, they shall be deemed to include those federal acquisition regulations that me required bylaw to be included. Tbese terms, together with any quotation, purchase order or acknowledgement issued or signed by the Seller, comprise the complete and exclusive statement of the agreement between the parties (the "Agreement") and supersede any terms contained in Buyer's documents, unless separately signed by Seller. No part of the Agreement maybe changed or cancelled except by awitten document signed by Seller and Buyer. No course of dealing or performance, usage of trade or failure to enforce any term shall be used to modify the Agreement. If any of these terms is unenforceable, such term shall be limited only to the extent necessary to make it enforceable, and all other terms shall remain in full force and effect. Buyer may not assign or permit my other transfer of the Agreement without Seller's prior written consent. The Agreement shall be governed by the laws of the State of North Carolina without regard to its conflict of lam provisions. TERMS AND CONDITIONS FOR AFTER MARKET FIELD SERVICES This After Market Field Service quotation is an ESTIMATE only. TIME: If, in fact, the work is completed in less time, the final invoice will reflect the savings. If additional time is required, customer will be notified and billed at the rates listed below plus expenses. Any overtime work will be billed at 1 1/2 times the normal rate (after 8 hrs. and Saturdays). Sunday and Holiday work will be billed at 2 times the normal rate. NOTICE: After we receive your authorized purchase order, a minimum of TWO WEEKS notice is required to schedule field service work and to make travel arrangements, if at all possible. RESCHEDULING: After the field service work is agreed upon, it is scheduled at the convenience of both parties. If, in fact, the Field Service Engineer arrives on site and for unknown reasons beyond the control of Kruger, the field service work is canceled, or re -scheduled, customer will be billed for incurred expenses. OUTSIDE EQUIPMENT RENTAL/LEASE: Kruger is not responsible for scheduling nor paying for outside equipment,.i.e., crane, boom truck, etc. LUBRICANTS: Kruger is not responsible for supplying lubricants of any kind. LABOR RATES: Normal (8 hrs) = $165.00/ hour P601 ME 1. Kroger Inc. 4001 Weston Parkway TELEPHONE 919-677-8310 KRUGER Cary, NC 27513 FACSIMILE 919-677-0082 Preparedfor: Indian River County, FL WWTP 12/12/2016 Attention: Jim Degraffenreid Kruger is the sole engineering design proprietor of the Kruger / Oxidation Ditch system. All parts associat - ed with . the I Kruger'/ Oxidation Ditch system ha�Ve beiin enjineFred'bas6d on I.Kruger Inc. specifications and recommendations which include the following: Kruger Actiflo@ Equipment - including, but not limited to, mixers, microsand pumps, hydrocyclone systems, & Is indlas Kruger Curved Bar Screens Kruger / Hydrotech Disc Filter Parts Kruger Mixers Kruger Inlet Distributors/Weir Gates and Drive Components HYDREX TM products (polymers, microsand, coagulants, and specialty chemicals) LPT Slurry Pumps Kruger Rotor Drive Systems Kruger Ditch Aluminum Decking Kruger Proprietary Software/Programming for SCADA and PLC on Kruger Installations Prielf: K-7ger to govide a 15% OEM Discount on Kruger list pricing to include all part associated with the I istedilems. he corresponding discount will be applied at the time ofquote and reflect on the associated invoice. Ship, mr: Shipfing is subyeci to change and standard shipping charges will apply. An option to overnight will be e re, efor a I applicab f ports. If you have any questions or concerns, please feel free to contact me. Thank you, PLEASE NOTa This Letter is valid through December 31, 2017. Tony Cook Key Account Manager WATER TECHNOLOGIES office ; +1919 653-45571cell.* +1919 931-90441fax: +1919 661-4568 Kruger Inc. / 1500 Gamer Road, Suite C / Raleigh, NC 27610 / USA QVEOLIA WATER P602 /9'd � INDIAN RIVER COUNTY., FLORIDA DEPARTMENT OF UTILITY SERVICES Date: August 9, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Through: Jennifer Hyde, Purchasing Manager Prepared By: Terry Southard, Operations Manager, Utility Services Subject: Sole Source for Ring Power BACKGROUND/ ANALYSIS: Presently, the Department of Utility Services has over forty emergency generators. These consist of both stationary generators at major facilities and lift stations, as well as portable generators that are rotated amongst various lift stations and other facilities as needed. Emergency generators ensure that key locations have electric power during any events causing a loss in power from Florida Power & Light (FPQ or the City of Vero Beach. Several of these generators are Caterpillar brand generators, which are serviced by Ring Power in Palm Bay, who are the sole source Original Equipment Manufacturer (OEM) repair center for Indian River County. These generators are tested and run briefly every month in order to ensure their reliability during any unforeseen events. Currently, the generator located at the Central Wastewater Treatment Facility (WWTF) is in need of repair. The cost to replace the generator would be over $200,000. The cost of the repair is $32,434.38. Costs for ongoing operational maintenance and equipment was $7,225 in FY15/16 and $13,680 for year-to-clate FY16/17. Expenditures to cover the remainder of the year are expected to be $32,434.38. FUNDING: Funds for this repair are derived from the Central WWTF Generator Repair account in the Renewal and Replacement account in the operating fund. Operating funds are generated from water and sewer sales. Description I Account Number Amount Central WWTF Generator Repair 1 47123536-044699-17534 $32,434.38 The staff of Indian River County Department of Utility Services recommends that the Board of County Commissioners approve Ring Power as the sole source provider for Caterpillar Generator systems service and repairs, and authorize the Purchasing Division to issue purchase orders to Ring Power for repairs as necessary. 1. RingPowerQuote 2. Sole Source Letter P603 Ring Powerla Power Systems Division godwin pumps A&PSOKERS T. S Lip L. L.Al Ft LYMPIAN" G E N E R A T 0 R S ST. AUGUSTINE DAYTONA BEACH OCALA ORLANDO TAMPA 500 World Commerce Prkwy 401 North Tomoka Farms Rd 6202 N US 301/441 9901 Ringhaver Dr. 9797 Gibsonton Dr St. Augustine, FL 32092 Daytona Beach, FIL 32124 Ocala, FL 34475 Orlando, FIL 32824 Riverview, FL 33569 904-737-7730 386-947-3363 352-732-4600 407-855-6195 813-671-3700. SALES SERVICE PARTS LEASING RENTALS Customer: INDIAN RIVER COUNTY Date: 07/07/17 REFERENCE: Address: 3550 49TH STREET Estimate on Model: 3508 Serial Number: 4GM00414 city, state, zip: VERO BEACH FL Terms: QUOTE#: ATTN: RICHARD MECKES 772-226-3423 � DESCRIPTION OF MATERIAL UNITVR—ICE EXTENSION Ring Power Systems is pleased to offer the following estimate for your consideration. WORK TO BE PERFORMED DURING REGULAR BUSINESS HOURS Scope of Work: Repair quote requested for: REMOVE UNIT FROM SERVICE AND TAG IT OUT DRAIN THE COOLANT OUT REPLACE JACKET WATER HEATER HOSE AND FUEL LINES REPLACE THE WATER TEMPERATURE REGULATORS AND SEALS REMOVE ALL THE GUARDS TO THE FAN AND ALL THE BELTS SO WE CAN GET TO THE RADAITOR REMOVE THE TOP TANK AND ALL THE CORES CLEAN UP THE BOTTOM TANK REPLACE WITH NEW CORES AND SEALS REINSTALL TOP TANK INSTALL AULL THE GAURDS AND BELTS HOSES FILL WITH COOLANT AND TEST THE SYSTEM CLEAN UP AND DO PAPER WORK NOTE: Any and all work outside the scope of work as mentioned above, will require an additional quote. SUBTOTAL: $ 30,312.50 ENVIROIMISC: $ 2,121.88 TAXES: Misc.SuAoleslEnviro: Items used on thejob andlor become part of thojob that are company supplied. is: Lock-fite,never sieze compound, spray lubricants, starting fluids, sanding discs, grinding wheels, absorbents, spray on protective coating, disposable rages or cleaning cost of rental rags, waste stream, processing of regulated waste (0, fuel, contaminated dirt). Charged as 7% of document total, not to exceed $300.00 P.O.# (if required) TOTAL ALL STATE AND FEDERAL TAX APPLIED TO TOTAL 1 $ 32.434.38 QUOTATION ACCEPTED BY: DATE: TAX #: Estimate Salesperson: Sean Simmons Palm Bay 321-288-3473 TERMS: If you should have any questions, comments or would like to schedule this repair, please contact the above personnel. This estimate Is made subject to buyer's acceptance within thirty (30) days from this date. All prices subject to change without notice and those In effect on the date of completion shall prevail. Customer will be contacted should estimate exceed 15% P604 LATERPILLA9 Caterpillar Inc. 100 NE Adams Street Peoda, IL 61629-1245 January 6, 2017 Attn: Ring Power Client I have been asked by Ring Power to address who has Caterpillar Sales and Service coverage responsibilities for the North and Central part of Florida. The Caterpillar authorized dealer for this area is Ring Power Systems. Ring Power is the only agent authorized by Caterpillar to provide service for all your Caterpillar/Olympian Electric Power products needs. Regards, Lyle Kesler Southeast Region EP Product Support Manager Electric Power North America P605 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES /� �3 Date: August 10, 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: Additional Grant Funding Opportunity for North Sebastian Septic to Sewer (S2S) Phase 1 Sewer Project DESCRIPTIONS AND CONDITIONS: On July 18, 2017, the Indian River County Board of County Commissioners (BCQ approved the adoption of Resolution 111 (2017-073) confirming the North Sebastian Septic to Sewer Phase 1sewerproject inSebastian. Since the approval, the Assistant County Attorney has solicited an additional funding opportunity for the subject project through the Florida Job Growth Grant Fund administered bythe Department of Economic Opportunity (DEO). Therefore, the purpose of the subject agenda is to obtain BCC approval to submit a proposal for potential additional grant funds to offset County/Property Owner contributions. ANALYSIS: The DEO is currently accepting proposals. Although a deadline for submission of proposals has not been established, grant allocations are based on available funds. The notice to proceed for construction to begin was issued August 10, 2017. Therefore, in the essence of time, efficiency and simplicity, staff recommends submitting the proposal as soon as possible and authorize signature authority to the County Administrator for the subject proposal, and if awarded, any future agreements. FUNDING: Total project cost is $3,283,152.00, which includes construction cost and soft cost such as engineering design, construction engineering, inspection and permitting. The attached proposal is requesting $1,000,000.00 in grant funding to offset County/Property Owner contributions. RECOMMENDATION: Staff requests the Board of County Commissioners recommend submitting a proposal for the Florida Job Growth Grant Fund to offset some of the cost, and also authorize the County Administrator to sign the subject proposal and, if awarded, any future agreements. ATTACHMIENT(s): 1. Enterprise Florida Job Growth Grant Fund Public Infrastructure Grant Proposal (12 Pages) r C:\Users\GRANIC—I\AppData\Loul\Temp\BCL Tech no og1es\easyPDF 7\@BCL@D8052331\@BCL@D805233l.docx P606 ,7<�, ENTERPRISE lick k 'd 11="i r%inir A FLORIDA DEPARTMENTer ECONOMIC OPPORTUNrrY Florida Job Growth Grant Fund Public Infrastructure Grant Proposal Proposal Instructions: The Florida Job Growth Grant Fund Proposal (this document) must be completed by the governmental entity -applying forthe grant and.signed byeither the._ chief elected official, the administrator for the governmental entity or their designee. Please read the proposal carefully as some questions may require a separate narrative to be completed. Governmental Entity Information Name of Governmental Entity: Indian River County Government Federal Employer Identification Number: Contact Information: Primary Contact Name: Vincent Burke Title: Director of Utility Services Mailing Address: 1801 27th Street Vero Beach, Florida 32960 Phone Number: 772-226-1830 Email: vburke@ircgov.com Public Infrastructure Grant Eligibility Pursuant to section 288.101, F.S., the Florida Job Growth Grant Fund was created to promote economic opportunity by improving public infrastructure and enhancing workforce training. Eligible governmental entities that wish to access this grant fund must submit public infrastructure proposals that: • Promote economic recovery in specific regions of the state, economic diversification or economic enhancement in a targeted industry. (View Florida's Tarcieted Industries here.) • Are not for the exclusive benefit of any single company, corporation or business entity. • Are for infrastructure that is owned by the public and is for public use or predominately benefits the public. 1 P607 DEW FLORIDA pv;AwTmFINT%r ECONOMIC OPPORTUNrrY 1. Program Requirements: Ir ENTERPRISE k1/41 FLORIDA@ Each proposal must include the following information describing how the project satisfies -eligibility requirements listed on page, I... . , . . .1 .1 . . . .. . . A. Provide the title and a detailed description of the, public infrastructure improvements. North Sebastian Septic to Sewer- Phase 1. The project will construct approximately 6,195 -LIF of 101' PVC and 3,995 -LIF of 8" PVC gravity sewer to serve 58 parcels primarily zoned commercial. B. Is this infrastructure owned by the public? W] Yes F No C. Is this infrastructure for public use or does it predominately benefit the public? Z Yes r-1 No D. Will the public infrastructure improvements be for the exclusive benefit of any single company, corporation or business entity? [:] Yes ZNo E. Provide a detailed explanation of how the public infrastructure improvements will connect to a broader economic development vision for the community and benefit additional current or future businesses. The North Sebastian Phase I Septic Sewer ("Project") includes a gravity sewer system to service an area with a land use designation of primarily commercial properties on septic for a total construction cost of $2,977,932. See Attachment A. The lack of public sewer prevents or limits the orderly growth of commercial development in the area. The availability of public sanitary gravity sewer to the area will facilitate responsible eco -friendly development while concurrently eliminating the threat of septic tank leaks into the groundwater and into the Indian River Lagoon. The commercial areas which will be included in this project are generally described as follows: - The commercial area in the unincorporated part of Indian River County along the east side of US Highway I from the Sebastian Cemetery north to Bay Street. - The commercial area in the City of Sebastian including North Central Avenue, Jackson Street, Madison Street and Davis Street. P608 DEWn F�11 ENTERPRISE �F�IDZ �EAO�Ltrrqr ts,4 FLORIDA@ ECONOMIC oppoRTuNrry F. Provide a detailed description of, and quantitative evidence demonstrating, how the proposed public infrastructure project will promote: I . - 0 Economic recovery.in specific regions of the.state; a Economic diversification; or Economic enhancement of a Targeted Industry (View Florida's Targeted Industries here. As part of this response, describe how the project will promote specific job growth. Include a description of the number of jobs that will be retained or created, the average wages of such jobs, and in which industry(ies) the jobs will be created using the North American Industry Classification System (NAICS) codes. Where applicable, you may list specific businesses that will retain or grow jobs or make capital investment. Further, include the economic impact on the community, region, or state and the associated metrics used to measure the success of the proposed project. Targeted industries positively impacted by this project: Sebastian River Medical Center Health Care Industry Accommodation and Food Services Retail Trade Small Business Please see Attachment B According to the Indian River County Community Development Report dated July, 2017, the Sebastian River Medical Center was ranked in the top 5 largest employers in Indian River County. Health Care is the largest employer In the County. Sebastian Hospital is currently expanding the existing facility to accommodate more beds. Since the North Sebastian Phase I area plays an integral part in supporting the hospital where support services such as accommodation, food services, medical offices and retail can be accommodated with centralized sewer. Numerous planned developments have not come into fruition due to the lack of infrastructure in the area. Therefore, the North Sebastian Sewer Project will greatly assist in the development of the vacant parcels and existing commercial uses Intending on expanding their businesses. P609 DE. 109% W FLORIDA DEPARTMENT -f ECONOMIC OPPORTUNrrY 2. Additional Information: ENTERPRISE Ire, FLORIDAG A. Is this Rroject an exq�jnsion of an existing infrastructure project? Z Yes F] No B. Provide the proposed commencement date and number of days required to complete construction of the public infrastructure project. The start date is scheduled for 8/10/17, with 330 -calendar days for completion. C. What is the location of the public infrastructure? (Provide the road number, if applicable.) US Hwy 1 from Central to Bay Street, Central Ave, Davis, Madison, and Jackson Street. D. Who is responsible for maintenance and upkeep? (Indicate if more than one are applicable.) E] Federal E] State V] County L] City n Other E. What permits are necessary for the public infrastructure project? All necessary permits are in place. FDEP, FDOT, City of Sebastian & IRC ROW. F. Detail whether required permits have been secured, and if not, detail the timeline for securing these permits. Additionally, if any required permits are local permits, will these permits be prioritized? The FDEP, FDOT, City of Sebastian & IRC ROW have all been secured. G. What is the future land use and zoning designation on the proposed site of the infrastructure improvements, and will the improvements conform to those uses? The City of Sebastian city limits predominantly.has a future land use designation of Riverfront Mixed Use with a zoning of Commercial Waterfront Residential District (CWR). The un -incorporated Indian River County has a land use/zoning designation of commercial. The proposed improvements conform to the future land use/zoning designations. 4 P610 DECO FIUORIDA t;EPA5iTMENT�7 ECONOMIC OPPORTUNITY ENTERPRISE FLORIDA. H. Will an amendment to the local comprehensive plan or a development order be required on the site of the proposed project or on adjacent property to -66dbffirff6dat6'thi�-infrEittfuttiife'airfd 06teritial—cur-rehl: or future job "creation* opportunities? If yes, please detail the timeline. E] Yes W] No If additional space is needed, attach a word document with your entire answer. 1. Is the project ready to commence upon grant fund approval and contract execution? If no, please explain. Z Yes RNo If additional space is needed, attach a word document with your entire answer. J. Does this project have a local match amount? Z Yes Fj No If yes, please describe the entity providing the match and the amount. Indian River County K. Provide any additional information or attachments to be considered for this proposal. If additional space is needed, attach a word document with your entire answer. 5 P611 DEW kxiWi-D�� meWmirmEw Wr ECONOMIC OPPOFrrUNrrY 3. Program Budget I'll ENTERPRISE L4 FLORIDA@ Estimated Costs and Sources of Funding: Include all applicable public infrastructure.costs and other funding sources.available to.suppor.t-the. proposal., A. Public Infrastructure Project Costs: Construction $ 2,977,932.00 Reconstruction $ Design & Engineering $ 305,220.00 Land Acquisition $ Land Improvement $ Pl6ase Other $ Specify: Total Project Costs $ 3,283,152.00 B. Other Public Infrastructure Project Funding Sources: City/County $ 995;911.65 Private Sources $ 638.000.00 Other (grants, etc.) Total Other Funding Total Amount Requested Please $ 649,240.35 Specify: $ 1,000,000.00 SJRWIVID Note: The total amount requested must equal the difference between the public infrastructure project costs in 3.A. and the other public infrastructure project funding sources in 3.B. C. Provide a detailed budget narrative, including the timing and steps necessary to obtain the funding and any other pertinent budget -related information. If additional space is needed, attach a word document with your entire answer. P612 DEQ-0- Fi.6RIDA PAiirMENT�7 ECONOMIC OPPORTUNITY 17 ENTERPRISE FLORIDA@ 4. Approvals and Authori'ty A. If the governmental entity is awarded grant funds based on this proposal, what approvals must be obtained before it can execute a grant agreement with the Florida Department of Economic Opportunity (e.g., approval of a board, commission or council)? Approval from the Indian River County Board of County Commissioners B. If approval of a board, commission, council or other group is needed prior to execution of an agreement between the governmental entity and the Florida Department of Economic Opportunity: L Provide the schedule of upcoming meetings for the group for a period of at least six months. Starting September, 2017 BCC will meet a total of 15 times in the next 6 -month. ii. State whether that group can hold special meetings, and if so, upon how many days' notice. Special meetings can be held with 48 -hours of notice. C. Attach evidence that the undersigned has all necessary authority to execute this proposal on behalf of the governmental entity. This evidence may take a variety of forms, including but not limited to: a delegation of authority, citation to relevant laws or codes, policy documents, etc. 7 P613 DEQ FLOR16;� 61�PZUMENTW ECONOMIC OPPORTUNrry ENTERPRISE Ire, F LO R I DAO 1, the undersigned, do hereby certify that I have express authority to sign this proposal on behalf of the above-described governmental entity. Indian River County Name otGovernmental.Entity:, Name and Title of Authorized Representative: Jason Brown, County Administrator Print, sign, scan and attach with form submission. Representative Signature: Signature Date: P614 A� lye Cei -r INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES NORTH SEBASTIAN SEWER PARCELS LOCATION MAP Leg"d ==1 CAtY of sebastlan PARCELS C31000 EM 2700 PROPUSE_C() 1100 2800 0000 , 200 49,0 0100 1700 7600 0200 EM 19DO [M 7700 0417 = 2100 8701 0419 [M 2300 8900 eN-x 0800 M 2500 8901 N 9 N- rn� U tp 'e. ATTACHMENTA P66 cgycf SEBAST" ina- HOME OF PELICAN ISLAND OFFICE OF THE CITY MANAGER 1225-MAIN.STPEET.-z.SEBASTIAII,.F.L32Rn PHONE 772-388-8200 - FAX 772-581-0149 Reviewing Board: It is my pleasure to write a letter in support of Indian River County's 2016-2017 Cost - Share Funding grant application to St. Johns River Water Management District concerning the Sebastian Septic to Sewer project ("Projecf) The City of Sebastian is a waterfront district on the Indian River Lagoon. There ate a large number of septic tanks within the city limits of Sebastian as well as within the unincorporated areas of Indian River County ("County"). According to the United States Dep artment of Agriculture's Soil Conservation Service, most of the soil within the County is not conducive for the use of septic tank systems. This limitation, combined with the County's high water table, creates a high potential for groundwater contamination and pollution in the Indian River Lagoon. The Project Will both decrease the number of existing septic tanks as well as prohibit the installation of any future septic tanks within its service area. This will benefit the water quality of the Indian River Lagoon. FurthenTiore, the Project will provide an economic benefit to the Sebastian area. The Project will install a centralized sewer system and allow for environmentally sensible commercial development along the cast side of US 1. This will create additional employment and economic activity for the Project area. In conclusion, I fully support the e[Torts of the County as they seek external funding to support the Project. Any project that can enhance or assist with the prosperity of the Indian River Lagoon will benefit our communi I ty and its citizens. Thank you for allowing me to share my thoughts on this important public project. Joseph F. Griffin City Manager P616 INDIAN RIVER NEIGHBORHOOD ASSOCIATION Statement of the Indian River Neighborhood Association in Support of Indian River County Grant Application By Resolution ofthe-Board of.Directors:. The Indian River Neighborhood Association (IRNA) is a community-based organization that serves the economic and quality -of -life of interests of over 100,000 property owners and residents of Indian River County (IRC). It is the largest such organization In Indian River County. Impairment of the Indian River Lagoon (IRL) and waterway restoration is a top -priority issue for IRNA; The Lagoon, a primary driver of our quality of life and economy, directly Impacts much of our $19 billion of property value. IRNA has carefully examined a number of case studies and strategies that address nutrient -load reduction In the IRL, along with related scientific, engineering and cost data. We conclude that elimination of Onsite Sewage Treatment and Disposal Systems (OSTDS, or conventionally, "septic systems-) is the.most direct, cost-effective and scalable strategy to reduce nutrient loading to the IRL. To this end, IRNA successfully -lobbied the IRC Board of County Commissioners to undertake a detailed Strategic Plan for elimination of OSTDS in the County. Extension of the county system In LIST Corridor of Sebastian represents a very high priority opportunity for a number of reasons, Including but not limited to (1) the project is a linear corridor that runs parallel, and directly proximate to the Indian River Lagoon, in which the direction of flow of groundwater directly deposits nutrient pollution. (2) Individual parcels are high-value targets, (3) th r ere is popular demand, as evidenced by the connection rate incomparable areas to the south. Property owners perceive the Improvements to have a positive net return on investment. (4) investment is believed to be a catalyst for pent-up demand to redevelop the area, and this will have a large positive multiplier in terms of future economic activity and employment In the area. Perhaps most importantly to IRNA, the success and timing of the USI Corridor project is critical to establish a favorable case -study with which to support IRC Utilities, )RNA, and allied civic associations, as well as the County Commission, in moving public opinion towards support of the larger OSTDS Strategic Plan. NowmMmew On behalf of the The Board of Directors, Indian River Neighborhood Association, Inc. April 22, 2016 INDIAN RIVER NEIGHBORHOOD ASSOCIATION, INC. - P. 0. BOX 643868 - VERO BEACH, FL 32964 P617 From: mike burford Fmailto:mburford77(cNmail.com Sent: Monday, October 12,2015 1:26 PM To: Wesley S. Davis <wdavls(ZDircRov.com> Subject.- Sewer feasbilitV ---------- Forwarded message ---------- From: "mike burford" <mburfbrd77@gmail.com> Date: Oct 12,2015 1:24 PM Subject: Sewer feasbility To. �5wdavis@irc.gW> Cc: Good afternoon, 1 own a small business here in sebastian, we have no sewer. We have a water disposallrecycling system that requires constant upkeep and supervision to ensure a environmentally fiiendly disposal. Every few years we have to go through a recertification process Of OUT facility, which is not an easy process. I'm sure I'm not the only business that goes through this everyone uses water. I have been following the sewer feasbility study since ifs proposal and have been waiting for its implementation. Anyways, just wanted to be heard, We need a sewer.' Regards, Nfike Family car wash co. 13020 us-hwy I sebastian fl, 32958 P618 Dylan Reingold, County Attorney William K. DcBmal, Deputy Cowry Attorney Kate Pingolt Cotna, Assistant County Attorney 131A County Attorney's Maners - B.C.C. 8.15.17 0 ffiCe Of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: Kate Pingolt Cotner, Assistant County Atto�`iey DATE: August 7, 2017 SUBJECT: 2018 Pre -Session Legislative List of Priorities and Concerns Background: The interim committee meetings for the 2018 State Legislative Session is scheduled to begin on September 11, 2017. This is slightly earlier than last year because the 2018 legislative session is scheduled to begin on January 9, 2017. To date, 21 bills have been filed with the Florida Legislature. While none of the referenced bills directly impact Indian River County, the County Attorney's Office anticipates a significant number of bills to be filed in the next several months that will impact all local governments across the State of Florida. Recommendation: The County Attorney's Office recommends that the Board adopt a 2018 pre -session legislative list of priorities and concerns. Approvedfor A ugust 15, 2017 BCC Meeting County A norney Is Matters a COUNTY ATTORNEY P619 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS 2018 State Legislative Program Pre -Session P620 C,ommissioncr Susan Adams District 1 (772) 226-1442 sadarts@ircgov.com Conamissioner I im 7�orc District 3 (772) 2264919 tzorc@ircgov.com Commissioner Bob Solari District 5 (772) 226-1440 bsolari@irrgov.c= F Chairman Joseph H'. Flescher District 2 (772) 226-1919 jflcschcr@irqgov.cona Vice -Chairman Peter 1). O'Bryan District 4 (772) 226-1442 pobryan@ircgov.com P621 GUIDING PRINCIPLES The ability to maintain home rule and avoid unfunded mandates arc central to Indian River County's state legis- lative priorities and concerns. Indian River County works with the Florida Association of Counties (FAC) and other local governments across the State of Florida to advocate for these ideals. In general, Indian River County Board of County Commissioners (BCC) supports FAC's legislative policy statements. • Indian River County BCC SUPPORTS maintaining the integrity of county home rule power, both adminis- trative and fiscal, which allows counties to develop and implement community-b-ased solutions to local problems. • Indian River County BCC OPPOSES any unfunded mandate legislation which would compel local govem- mcnts to provide a service, program, or benefit without providing the appropriate monies or a funding source. 3 P622 1. INDIAN RIVER LAGOON kagkgmund- The health of the Indian River Lagoon ("Lagoon') is of great concern to Indian River County. The Lagoon provides an economic benefit by promoting tourism and creating recreational opportunities for resi- dents. The Lagoon is also an important element in the protection of our environment including endangered and protected plant and animal populations. This year, Indian River County is promoting a number of projects to protect the Lagoon, including, but not iim- ited to, projects that would properly abandon aging septic tanks and provide County -operated sewer and create a new water treatment facility to remove nitrogen and phosphates from canal water within the Indian River Farms Water Control District prior to being released into the Lagoon. Position: Indian River County BCC SUPPORTS legislation that will enhance the economic wellbeing of Indian River County by treating and monitoring the health of the Lagoon. P623 2. SALE OF THE CITY OF VERO BEACH ELECTRIC UTILITY TO FLORIDA POWER AND LIGHT Rack=ound: 'ne City of Vero Beach is a member of the Florida Municipal Power Agency ("FMPA'). The City of Vero Beach is working closely with the FMPA to complete the hffl sale of the City's electric utility to Florida Power and Lght. Indian River County supports any legislation that assists in the full sale. Position If the FMPA is unable to assist in the full sale of the City of Vero Beach Electric Utility to Florida Power and Light, Indian River County BCC SUPPORTS legislation to require greater oversight, transparency, and ac- countability by die Florida Municipal Power Agency (FMPA) to its member municipalities and ratepayers; SUP- PORTS legislation to require the FMPA annually determine the market value of each generation asset; and SUP- PORTS legislation to require FMPA to determine die value of the generation asset for each of the FNIPA member municipalities. P624 3. HIGH-SPEED PASSENGER FAIL BackMound: For at least a decade, high-speed passenger rail has been discussed and proposed within the State of Florida. NVhJc All Aboard Florida is the most recent passenger rail service being proposed, it is not the first and it certainly will not be the last. It is imperative that the State of Florida implement the statutory structure to hold railroads operating passenger rail service accountable for the highest degree of safety improvements along its chosen railroad corridor. It is also important to protect the public coffers from being exploited by private pas- senger rail entities that seek to piggyback off of prc-existing contracts with established railroad carriers. Positio : Indian River County BCC OPPOSES any state, federal or local funding for private passenger rail pro- jects proposing to traverse through its jurisdiction including, but not limited to, All Aboard Florida (aka Bright - line); SUPPORTS legislative and executive branch advocacy efforts relating to a high-speed rail's impacts on the health, safety, and welfare of citizens; SUPPORTS legislation that regulates passenger rail to protect the State of Florida's citizens, local governments, wildlife, waterways, and natural environment; and OPPOSES any effort to shift the cost burden of operating and maintaining passenger rail onto local governments or the State of Florida. P625 4. CANAvERAL PORT AUTHORiTy FoRoGN TRADE ZONE Backp,round: The Canaveral Port District Charter currently Limits Canaveral Port Authority's Foreign Trade Zone (F12) #136 to be operated within Brevard County. For a number of years Indian River County has worked closely with the Port District in an effort to modil�y its Charter to remove the referenced Limitation so that a portion of Indian River County could be included within Foreign Trade Zone #136. The benefits include (a) a reduction of dudes for manufacturers if they use foreign components in their finished products, (b) a duty exemption on imported goods that are later re-exported, (c) a delayed payment of duties for goods until they cn- ter the U.S. Market, (d) an elimination of duties on waste, scrap and rejected or defective parts, and (e) a possible reduction in merchandise processing fees (U.S. Customs Processing fees). Position: Indian River County BCC SUPPORTS an amendment to the Canaveral Port District Charter to re- move the current language which limits the foreign trade zone boundary to Brcvard County. 7 P626 5. BEACH RESTORATION AND NouRiSHMENT Bac�Xound: 711ic Florida Department of Emironmental Protection has a Beach Management Funding Assis- tance Program to protect and restore the state's beaches. Erosion leaves miles of beaches, public infrastructure and upland development vulnerable to the next stonn event as well as impacting tourism. Currently, beach re - nourishment is funded via dock stamps along with countless other programs. Tliis leaves beach renourishment projects fighting every year for a very small piece of a large pie. Additionally, Indian River County, like its sister counties to the north and to the south on Florida's cast coast, has a natural nearshore hardbottom resource. '11iis resources is classified as an essential fish habitat and is a species of critical concern. It provides foraging and breeding grounds for sea turtles and juven�c fish. Indian River County's beach management plan is specifically custon-d7cd to maximize the fill while minimizing the impact to the near - shore hardbottom resource. Last year, HB 877 (Albritton) and SB 1566 (Hutson) proposed to place additional considerations for determining and assigning annual funding priorities for beach management and erosion control projects. One of the proposed additional considerations would have likely caused a negative impact on Indian River County. The consideration would have required the Department of Environmental Protections to analyze the cost per volume per mile of the beach renourishmcnt project and recognize those projects with design com- ponents to extend the nourishment interval. While Indian River County understands the State of Florida's interest in receiving the most "bang for its buck", Indian River County makes a conscious effort to only use the necessary amount of fill to renoutish its beaches so it can rriinirnize any negative impacts to the nearshore hardbottom re- source. Position: Indian River County BCC SUPPORTS the creation of a newly dedicated and reoccurring statutory funding source for beach restoration and nourishment projects; and OPPOSES legislation that would change or modi�, the criteria used by the Department of Environmental Protection to rank eligible beach rcnourishment projects that would negatively impact communities interested in protecting ncarshorc hardbottom resources. P627 1. COUNTY FUNDING OF COURT RELATED FUNCTIONS Indian River County BCC SUPPORTS legislation to remove the automatic 1.5% increase in funding for Court related functions; and SUPPORTS legislation to increase the service fee charged for recording doc- umcnts and instruments pursuant to s. 28.24(12)(c), F.S., from $4.00 to $8.00, so that $6.00 of the fee dis- tributed to boards of county commissioners to help fund court -related technology -and technology needs as 2. COUNTY SHARE OF COST FOR MEDICAID SERVICES Indian River County BCC SUPPORTS legislation to establish a 3% cap on growth in the individual coun- ty Medicaid costs under s. 409.915, F.S., and OPPOSES efforts to further shift state Medicaid costs to counties. 3. WASTE MANAGEMENT Indian River County BCC OPPOSES any legislation which would inhibit a local government's ability to meet the statutory requirement under Section 403.7032, Florida Statutes, to recycle 75% of its solid waste by the year 2020. 4. MEDICAL ExAmINERS Indian River County BCC OPPOSES legislation that prohibits medical examiners from charging a fee for examination and autopsy services that a medical examiner is required to perform by law for cremation ser- vices. 5. MILLAGE RATES Indian River County BCC OPPOSES legislation that negatively changes the formula for calculating a local government's maximum millage rate; and OPPOSES legislation that prohibits local governments from redeeming earned rolled back credits. 6. COMMUNICATION SERVICE TAx Indian River County BCC SUPPORTS legislation that protects general revenues collected from the com- munications scrvices tax. 7. STATE HOUSING INITIATIVE PARTNERSHIP PROGRAM (SHIP) Indian River County BCC SUPPORTS the legislature appropriating the fun SHIP funding for local gov- ernments. P628 8. LOCAL GOVERNMENT TAx REFERENDA Indian River County BCC OPPOSES legislation that requires a 60% threshold for passage of a local tax referenda during a general election. 9. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY (COPCN)FOR LIFE SUPPORT OR AIR AMBULANCE SERVICE Indian River County BCC OPPOSES legislation relating to CCPCNs which would negatively impact the County's fire rescue district's ability to provide services. 10. FIREFIGHTERS Indian River County BCC OPPOSES any legislation that does not use competent evidence when deterinining whether a disability or death -was caused by a firefighter's employment. 11. TOURIST DEVELOPMENT TAx Indian River County BCC OPPOSES legislation that mandates tourist development funds be diverted away from local communities. 12. DERELICT VESSELS Indian River County BCC SUPPORTS legislation that would stream line the process to remove der- elict vessels from the waterways of the State of Florida; and SUPPORTS revised statutory authority and continued state funding for the enforcement and removal of derelict vessels, with emphasis on chronic offenders. 13. FRACEING Indian River County BCC OPPOSES state preemption of fracking activities; OPPOSES any legisla- tion which would create a public records exemption for proprietary information provided by drilling companies to the Florida Department of Environmental protection ("FDEP") through FDEP's online chemical disclosure registry; and SUPPORTS a moratorium on all new well stimulation activities, in- cluding hydraulic fracturing and acidization, until an independent and comprehensive Florida -specific study has been completed and peer-reviewed. SEPTIC TO SEWER Indian River County BCC SUPPORTS the expansion of Governor Scott's proposed Indian Rivez Lagoon and Caloosahatchee River 50/50 grant matching program in support of septic to sewer con- versions to include all of the communities along the Indian River Lagoon. 15. ZIKA Indian River County BCC SUPPORTS legislative policy that entitles each county, irrespective of pop- ulation, to a pro rata share of waste tire grants from the fee imposed on motor vehicle tires for use in mosquito control programs. 10 P629 16. VACATION RENTALS Indian River County BCC OPPOSES legislation that would preempt a local government's ability to have local ordinances related to vacation rentals within its jurisdiction. 17. RECYLING Indian River County BCC SUPPORTS legislation that provides appropriate resources and incentives to local governments to achieve statewide recycling goals, with credit afforded for all recycled materials in- cluding municipal biomass and other waste -to -energy processes. 18. ASSISTANCE FOR FIRST RESPONDERS Indian River County BCC SUPPORTS the use of Critical Incident Stress Management Plans to assist first responders with psychological traumas including post-traurnatic stress syndrome. 19. LOCAL GovERNmENT FISCAL RESPONSIBILITY Indian River County BCC OPPOSES legislation that would negatively impact the collection of ad val- orem taxes and other revenue sources. 20. LOCAL PREEMPTION ON BUSINESS REGULATIONS AND TAxEs Indian River County BCC OPPOSES legislation that would remove the authority for counties and municipalities to increase business tax rates or to impose additional business taxes in the future. 11 P630 Dy]= Reingold, County Attorney Wharn K DeBmaL Deputy County Attorney K2te Pingolt Cotner, Assisotat County Attorney Attorney's Matters -B.CC 08.15.17 Ofice of 138 INDIAN RIVER COUNTY ATTORNEY 0"T �1111jui TO: Board of County Commissioners FROM; Dylan Reingold, County Attorney DATE: August 7, 2017 SUBJECT: Economic Development Council Appointment 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 "local tourist industry" vacancy on the Economic Development Council, which term expires in January 2021. 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 rdsumd and application is available for review in the Commissioners' Front Office area: Chad PL Olson RECOMMENDATION. Ile County Attorney recommends that the Board review the applicant's r6sum6 and application, and determine whether to appoint him to fill the unexpired term for the "local tourist industry" representative to the Economic Development Council. ATTACIMENTS Application Resume F:WtDno,�hrisdrmkC0MMn�Gem.j M.UntoUICC Alemd, Meenm\170M �mmittft Appointment (EDC) - 01sen.donts P631 J L PAX No.772-410-0080 P. 003 ,VN/23/'017/FRI 11:22 AM COSTA VESTE INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Nams:!Chad Olson I Date: �6/22/17 Full NarnedChad Olson i Email Address: �'oorn I Street Address (No P.O. Boxes): 11035 Ansley Ave. SW, Vero Beach Home Phone: Work Phone; Cell Phone: How long have you been a resident of Indian River County? 11 1/2 years Are you a ful[or part time resident? Check one; Full TimezPart Timen Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. General Manager Costa d' Este Beach Resort & Spa Please list any licenses you presently hold: Please list any organization of which you are currently a member: mease iist any otner committees or Doaras you currently sit on: River Chamber Board of Directors 7 Lffe non-profit organization Board of Directors L;ontinuea on next page P632 J.0/23)NIVRI 11:22 AM COSTA WESTE FAX No.772-410-0080 P.004 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMM111 EE CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT El CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ECONOMIC DEVELOPMENT COUNCIL ENTERPRISE ZONE DEVELOPMENT AGENCY E] ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE 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 — COMP—REHENSIVE ECONOMIC DEVELOPMENT STRATEGY Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. P633 JUN/23/2017/FRI 11:22 AM COSTA WESTE PAX No.772-410-0080 Chad R. Olson 925-876-1930 * colson013(agmail.corn P. 006 Executive -level Hotel General Manager with a consistent history of delivering continuous improvement In profits, operations, process, cost, quality, and occupancy, even during times of downturned economy. Proven record of managing successful hotel transitions and managing relationaWp* between management and unions, Adept at restoring failing hotels to financial health and profitability and in managing large-scale renovations. Selected Achievements 0 Consisteatky improved Revpar index levels and GOP performance: Grew Revpar indeX in 2012 by 19.8%. (2012-13). Achieved 99% of budget duxing an economic downturn and 97% of budget after change of ownership and management. (2007-2012). 9 Achieved 98% of budgeted GOP, tip fxom, 58% and 60% in prior 3 years; raised STAR report statistics to 112.3% occupancy penetration; 100. 1% ADR penetration; 112.4% RevPar penetration. (2007&2012) by restructuring management, Managed large budgets up to $25M; directed up to 5,000 square feet of event space, and two. food and beverage outlets plus retail space. Professional Chronology General Manager, Villa Florence, San Francisco CA 189-r*om Hotel Feb 2012 to July 2015 • Managed $25 million a year in annual revenues, including 2,000 square feet of event space, two food and beverage outlets NuIctos' Italian Restaurant and gar. Norciall and retail space. • Stopped in to build and develop team after recent change in hotel owner -ship and management. Grew Rovpar index 19.8% in 2012, and an average of 14% in 2013 and 2014. Facilitated a $9.5 million guest room renovation. Task Force GM from December 2014 to March 2015 for newly acquired Heathman Hotel (ranbed among the Top 500 Hotels in the World and Top 50 in the U. S. by Travel & rAi4ure Magazine). General Manager, Jole do Vivte BoapitRlity Hotels 2005 to Feb 2012 Adagio, Harvest inn, and Commodore, joie de vivre was the 20 10 Customer Satiafaotion Winner for Upper Upscale Hotels by Market Metrix Hospitality Index. Overall Achievements • Frequent1y placed in the top 5% of the company for bi-annual Quality Assurance LRA inspections, • Improved Profitability and occupancy rates for several struggling hotels. consistently realized profitable and budgeted GOP's including highlighted achievements of 990/0 of budget during an economic downturn and 97% after ownership and management change. Consistently unproved Revpar index levels and GOP performance, • Managed daily operation ofHuman Resources, Property maintenance, Accounting, Sales and Catering, Revenue Management, and Food and Beverage. Supervised up to 225 employees and managers. Hotel Adagio San Francisco CA Feb 2007 to Feb 2012 171 -room Hotel • Implemented cost reduction platform in 2009 to siuvive the economic downturn and rebound to a GOP of 9Wo of budget in 20 10. Rebuilt sales team with full service focus on Was to maximize outlet revenues. Moved hotel toward near record performing Revpar index levels in 2oio. • Managed $9.5 million in annual revenues and 5,000 square feet of event space. • Orchestrated the surcersfW takeover, renovations and operations of Bar Adagio, the 150 -seat restaurant and lounge, in August 2008. Concept and operations became a model in the company. • Continuously placed in the top 5% of the company for the bi-annual Quality Assurance LRA inspections; consistently scored above Joie de Vivre bencbmark on annual work cliTuate survey. • Assisted the Ownership team in the sale of the property in June 2011. I TransWoxked the hotel between management companies. P634 JUN/2V20IVFRI 11:22 AM COSTA WESTE PAX No.772-410-0080 P. 007 Chad Olson, page 2 925-876-LS30 * colso -no-138amall.c-orn Harvest St. Helena, CA Nov 2006 to Feb 2007 74 -room, Four Diamond Rated Hotel 0 MansLged the transition of the luxury resort to the new General Manager over a 90 -day period. Commodore Hotel, San Francisco CA Jan 2005 to Nov 2006 110 -Room Hotel • Restructured and implemented new yield management stretagier to bring an under -performing hotel into the top 5 among Joic de Vivre's 27 hotels. Achieved 61% GOP YTD or 98% of budgeted GOP, an increase fxom 60% in 2004 and Sal/0 in 2003. STAR report statistics include: 112.3% occupancy penetration; 100. 1% ADP penetration; 112.4% RevPar penetration. • Member of team that guided transition of hotel to student housing for the San Francisco Acaderay of Art in NOve%obor 2006. General Manager, Consfort Inn —by the B San Francisco CA Jun. 2002 to Dec 2004 138 -room Hotel • Achieved a 46% GOP in 2002 and 36% GOP in 2003 and 2004, equivalent to 98% of budgeted GOP. • Maintzlined. a 111% occupancy penetration, 100% ADR penetration and 111*/* RevPar penetration in 2005 on the STAR Report competitive set by implementing diligent yield management practices. • ln=eased guest Rintent to returrim score from 88% to 96%. • Brought 17 hotels together to form the San Francisco Hotel Association, The association facilitated collective bargaining with the various hospitality unions, and improved working relationships between management and the three staff unions. Lfiftetto Park Hotel & ftg Lafayette CA 140 -room, Five Star-Diantond Rated Hotel 1990 to 2002 progressively promoted through various positions from Accounting Manager, rxneat services Manager and Ultimately to Rooms Division Manager. Selected achievements: • Managed two restaurant remodels, Vestroom remodels, computer conversion, office remodels, addition of lobby fireplace, and ground -up construction of the European style Spa. • Analyzed statistics and tends for General Manager and implemented remedial actions. Creeted direct Wes and marketing prornotions. • Managed Property Yield Management systems and procedures, Established policies and guidelines and monitored compliance. Surveyed and conducted daily property and room inspections, and identified areas requiring improvement. Supervised all Rooms Division areas and coordinated employee training. Professional Organizations Board of Directors, Hoipitalit:y and Restaurant Foundation (HARF), San Francisco CA 2013 to Present Board of Directors, Art fbr Life. Clayton CA 2004 to Present Member/Aloxnaf, Contra Costa County Leadership Progrwn, Walnut Creek CA 2001 to Present Education/Certifications Diablo Valley College, Concord CA Certification, Hotel Management, 1996 P635 JUN/23/2017/FRI 11:22 AM COSTA WESTE FAX No.772-410-0080 P.005 CHAD OLSON General Manager Costa d'Este Beach Resort & Spa Chad Olson brings nearly 26 years of experience and expertise in the hospitality industry to his current position as general manager of Costa d'Fste Beach Resort & Spa In Vero Beach, Florida as well as Cardozo Hotel in South Beach, Miami, FL, both properties owned by International superstars Gloria and Emilio Estefan. Chad Olson was previously general manager for Mile Florence, a luxury property located in the heart of San Francisco, California. He served In the same position prior to this for Jole de Vivre Hospitality Hotels, Including at the Hotel Adagio of San Francisco, the Harvest Inn of St. Helena, California, and the Commodore Hotel, also located in San Francisco. Olson began his career in the hotel arena at the Lafayette Park Hotel & Spa where he started as a guest services manager and worked his way up the ranks to become the rooms division manager there. After eight years at this hotel, Olson took a position across the bay as general manager of the Comfort Inn by the Bay in San Francisco. In addition to a successful two-year tenure in this capacity, he also brought 17 hotels together to form the San Francisco Hotel Association. The association facilitated collective bargaining with the various hospitality unions; improved working relationships between management and the three staff unions, Chad Olson currently sits on the board for Indian River County Chamber of Commerce. He also sits on the Board of Directors at the Art for Life Foundation. a charitable organization that supplies artistic experiences to young children that reside in a hospital environment. He has served on the Board of Directors at Diablo Valley College Hotel and Restaurant Management Advisory, Hospitality and Restaurant Foundation and Contra Costa County Leadership Program, He attended Diablo Valley College of Concord, California, where he e2med his Hotel Management Certification P636 Dylan Reingold, County Attomey Wiffiarn K DeBmL Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney Atformy Maners - B, CC. 08.15.17 Office of 13( INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attomey� DATE: August 10, 2017 ATTORNEY SUBJECT: Development Review and Permit Process Advisory Commi Appointments On July 11, 2017, the Board of County Commissioners adopted Resolution 2017-070, which established the Development Review and Permit Process Advisory Committee. The founding resolution called for the Committee to be made up of eleven to thirteen appointed members: each Commissioner shall appoint two members each with one of the members being from the development community and one member being from the community at large, but preferably knowledgeable with respect to some aspect of building and development, The remaining eleven through thirteenth members shall be selected by a majority vote of the Commission. This agenda item is for the Board to consider the additional appointment or appointments of the community at large members. The following are the names of qualified persons who submitted applications specifically for serving on Development Review and Permit Process Advisory Committee: Stephen R. Melchiori Joseph W. Schulke Robert J. Votaw David B. Kanarek James G. Vitter, H Christopher Murphy Greg Burke The County Attorney recommends that the Board review the applications and appoint the candidate(s) to represent the community at large on the Development Review and Permit Process Advisory Committee. ATTACHMENTS Applications and Resumes F.'A"..�ACh�imWOMMMMMG...l MOM�BCC AX� Co..M. Ap"Mt..l (D�AC) �] - Ap,1k.mdm P637 RECEIVED INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT AUG 0 7 2017 HO A pl) OF COUNTY Name:[Stephen R. Melchiori Date: 108107/17 ONIMISSION Full NamedStephen R. Melchiori Email Address: om---] Street Address (No P.O. Boxes): 16408 55th Square, Vero Beach, FL 32967 Home Phone:E==Work Phone: Cell Phone: How long have you been a resident of Indian River County? [37 years I Are you a full or part time resident? Check one: Full TimeWl Part TimeEl Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Rubicon Consulting, LLC I have been involved in the civil engineering/land surveying/land development business in Indian River County -for over 35 years. Please list anylicenses you presently hold: Flodda Professional Surveyor and Mapper, License Number 5127 Florida Community Association Manager, License Number CAM39715 Please list any organization of which you are currently a member: Please list any other committees or boards you currently sit on: F— Uontinued on next page P638 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE 0 AGRICULTURE ADVISORY COMMITTEE - E1_ BEACH & SHORE PRESERVATION ADVISORY COMMITTEE 0 CHILDREN'S SERVICES ADVISORY COMMITTEE - 0 CODE ENFORCEMENT BOARD - COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD E] MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE 0 PLANNING &ZONING COMMISSION - 0 SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE El TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY Please print and return the comr�eted apRficafion,21onq with a current resume� to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. Print P639 Stephen R. Melchiori, P.S.M., CAM 640855 1h Square Vero Beach, Florida 32967 Cell (772) 473-0393 SRM5127@gm".com EDUCATION: Michigan State University, Bachelor of Science, Industrial Arts Education REGISTRATION: Professional Surveyor and Mapper, Florida #5127 Community Association Manager, Florida #39715 POSITION: Project/Construction/Property Manager PROFESSIONAL EXPERIENCE: Over thirty years in the fields of civil engineering, surveying and construction. Responsibilities include the coordination of the planning, permitting and construction of numerous residential and commercial projects in addition to working with various governmental agencies on the expansion of public roadways and utility services. Consulted on several land use related court proceedings. President, Pointe West Master Property Owners Association, Board Member, Collier Club Homeowners Association. Property Manager, Pointe West Master Property Owners Association., Collier Club Homeowners Association. Proficient in Microsoft Office and AutoCAD. CAREER GOALS AND ACCOMPLISHMENTS: Established solid working relationships with federal, state and local permitting agencies. Acquire necessary land use including Comprehensive Lands Use Plan amendments, zoning, and development approvals. Coordinate the acquisition of all necessary permits, surveys, engineering plans and specifications. Negotiate and obtain any local, state and federal mitigation requirements. Prepared detailed project cost estimates and development budgets. Locate qualified vendors, bid and negotiate contracts with subcontractors. Supervise all phases of site development including infrastructure. recreation and common facilities, including golf courses, tennis centers and support structures. Coordinate the planning and construction of several commercial structures. Tract project budgets approve and process pay requests. Secure all final approvals, releases and sign -offs. Provided testimony and consultation on land use related court proceedings. Property Manager, Pointe West Master Property Owners Association Property Manager, Collier Club Property Owners Association P640 REPRESENTATIVE PROJECTS: Pointe West PD: A Traditional Neighborhood Design, Planned Residential Development with 198,000 s/f of commercial space, assisted care facility, 18 -hole championship golf course and over 1,100 single and multi -family residential units. Coordinated all acquisition surveys, zoning and land use changes. Obtained all development permits, developed construction documents and supervised 0 surveying and engineering for the golf course and site infrastructure. John's Island: 3,000 plus unit residential community developed by Lost Tree Village Corporation, located between the Atlantic Ocean and Indian River. Project includes three eighteen -hole championship golf courses, tennis center, golf and beach club. Project engineer for numerous phases of the development including single family, multi -family, golf course, tennis center, Gem Island Bridge and causeway, seawalls, canals, docks and other site related improvements. Private consultant now acting as director of development overseeing all permitting and land use activities. Lost Tree Preserve: 453 unit Planned Residential Development. Project manager in charge of all land use approvals. Coordinate final engineering, surveying, permitting, and mitigation requirements. Develop construction budgets and schedules. Collier Club PD: 440 unit Planned Residential Development. Coordinated all acquisition surveys, zoning and land use changes. Obtained all development permits, developed construction documents and supervised all surveying and engineering for site infrastructure. Orchid Island Golf and Beach Club: 400 plus unit residential development located between the Atlantic Ocean and Indian River. Project includes an eighteen -hole Arnold Palmer championship golf course, tennis center and beach club. Coordinated acquisition surveys. Obtained development permits, developed construction documents and schedules. Supervised surveying and engineering for the golf course, tennis facility, site infrastructure and clubhouse. Indian River Counly.10" Force Main: Owner's representative in charge of engineering, surveying and construction of a Developers Agreement Master Plan Force Main. Coordinate with County utility department, project engineer and contractor. Process and approve all vendor pay requests. Indian River County 12'h Street, 16 1h Street 74h Avenue roadway improvements: Owner's representative in charge of engineering, surveying and construction of approximately three miles of County roadways. Coordinate with County public works and utility departments, project engineer and contractor. Process and approve all vendor pay requests. Indian River Marina: Project manager, upgrade of the facility, reconstruction of the seawall, replacement of fuel tanks and dispensers, new floating dock system with utility services, dry storage rack replacement, update submerged land lease with the State of Florida and undated site plan. P641 Additional Related Projects: The Moorings — Club Facilities Renovations Indian Trails - Residential Community Marbrisa - Residential Community Ocean Colony - Residential Community Mariner Village - Residential Community Bermuda Bay - Residential Community High Pines - Residential Community Ocean Pearl - Residential Community Stonebridge - Residential Community Grand Harbor - Residential Community Gracewood - Residential Community Ballentrae Golf & Yacht Club - Residential Community Bald Rock - Residential Community Arbor Trace —Residential Community Hammock Lakes — Residential Community 58th Avenue 6" Force Main Extension - County Utilities Department 4th Street 12" Water Main Extension - County Utilities Department 16 1h Street Master Plan Water Main Extension - County Utilities Department First Street SW Roadway improvements - County Public Works Department First Street SW Water Main and Force Main - County Utilities Department EMPLOYMENT HISTORY: 2015 — Present Project Manager, Lost Tree Village Corporation 2013-2015 Project Manager, Dickerson of Florida, Inc. 66th Av. Roadway Project 2012-2013, Property Manager, Pointe West Master Property Owners Association 2012-2013, Property Manager, Collier Club Homeowners Association 1992 - Present, OnSite Management Group, Inc., Principal, Project Manager 1995 - Present, Lost Tree Village Corporation, Consultant, Director of Development 1987-1992, McQueen and Associates, Inc., Consulting Engineers and Surveyors, Vice President, Project Manager 1,981 - 1987, Lloyd and Associates, Inc., Consulting Engineers and Surveyors, Project Manager 1977- 1981, Industrial Arts Teacher, Millington, MI — Vero Beach, FL P642 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Name:lJoseph W. Schulke, =PE Date: 108/03/17 1 Full Name:lJoseph W. Schulke, P.E. --1 Email Address: PhuIkp@sbsengineers.cj Street Address (No P.O. Boxes): L717 Indian River Blvd, Suite 201, Vero Beach, FL 32960 Home Phone: Work Phone: Cell Phone: How long have you been a resident of Indian River County? 138 years I Are you a full or part time resident? Check one: Full TimewlPart TimeEl Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Schulke, Bittle & Stoddard, LLC (Civil/Structural Engineering) Please list any licenses you presently hold: Professional Engineer; General Contractor Please list any organization of which you are currently a member: American Society of Civil Engineers LEED AP Certified, GBCI No. 10375123 (2009) Please list any other committees or boards you currently sit on: Loontinuea on next page P643 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE El CODE ENFORCEMENT BOARD 0 COMMUNITY DEVELOPMENT BLOCK GRANT - CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE ECONOMIC DEVELOPMENT COUNCIL El ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE 0 MPO CITIZEN ADVISORY COMMITTEE - 1:1 PLANNING & ZONING COMMISSION 0 SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE - TOURIST DEVELOPMENT COUNCIL 0 TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD - 0 TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY 10 - Please print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. P644 Joseph W. Schulke, P.E. Managing Member & Civil Project Manager Years Experience: 32 Years with Scbulke, Bittle & Stoddard, LLC: 17 Education: Professional Registrations/ Memberships: University of Miami Florida Professional Engineer No.: 47048 (1993) Bachelor of Science in Civil Engineering 1989 Florida Cenified Building Contractor No. CBC 050073 (1990) Bachelor of Science in Architectural Engineering 1989 American Society of Civil Engineers LFED AP Certified, GBCI No. 10375123 (2009) Experience: Joseph W. Schulke, is a Professional Engineer licensed in the State of Florida. Mr. Schulkc's experience began as a part time (summer employment) survey rod -man with Lloyd & Associates, Inc. of Vero Beach in 1985-86. In 1987, he began survey and engineering drafting. After graduating from the University of Miami (1989), Mr. Schulke started full time employment at McQueen & Associates, Inc. of Vero Beach as a Project Engineer. In 1993, he started work" with Knight, McGuire & Associates of Vero Beach as a Project Engineer/Project Manager. In September of 2000, together with two associates, he started Schulke, Bittle & Stoddard, L.L.C. Mr. Schulkc has been the primary liaison and project manager on all of the firm's public sector projects and continuing service contracts with the City of Sebastian, Indian River County Department of Utility Services, COVB, and City of Port St. Lucie, in addition to managing numerous private development projects. This has provided an opportunity to annass significant experience with: the coordination of complex projects; general communication and contract negotiation with department heads of several Public Works/Utility Departments; and management of and practice in numerous civil disciplines within the firm; and management of numerous consultants in related disciplines outside the firm. The following are several public and private development projects that require several engineering disciplines and demonstrate Mr. Schulke's experience in multiple civil engineering fields. Civil Enginetring • Indian River County I Sc11j2r Resourm Association Transit Facility: Design and permitting for 5,165 SF Administration and Operations Offices, 2,858 SF Vehicle Maintenance and Repair Facility, 75 + transit vehicle parking/storage and Site improvements for the 2.53 +/. acre site development area, "off-site" site improvements in 43rd Avenue, within the adjacent Supervisor of Elections site, Emergency Operations Center and IRC Road and Bridge Maintenance Complex sites. • City of Sebastian Main StAndian River D .: Re -alignment of Main Street and Indian River Drive; signal modifications at US I/ Main Street; boat trailer and general parking; boat ramp modifications; park amenities; public resvoom facility; pedestrian improvements; stormwater system; utility improvements and lift station; lighting and electrical systems. • COVI3 Humiston Park: Combine stormwater/ERP requirements for the parking area improvements at Humiston Park with the stormwatcr improvements for COVB Oman Drive commercial area (30 +/- acres) in a mst effective manner; implement underground "filtration systems, pumping systems, mconstrucicd occan outfull, and closed drainage pipe/mIct systems. City of Sebastian Fisbcmnanj� Liuiding Working Waterfiront: Parking area, fish house and other anciliary structures, docks, decks, tree house Cpotain Butcher's Marin : Marina dredge and fill permitting: maintenance dredging of the marim, design and permitting of the mooring area for a barge, Permitting through FDEP (ERP and propriety authorization) and ACOE (federal permits). M2dcmaac Commerical Redcyelomnent: Redevelop a 4 1,000 SF fumiture store to a 37,000 SF mixed use commercial development; paving and parking arm; FDOT driveway/amess; water main extension; parking (ULI) evaluation; sidewalk construction; stormwater management system * Christ the King Presbyterian Church: Site development for a 7,000 SF temporary sanctuary and 27,000 SF permanent facility; paving and parking; FDOT access, siormwater systems, landscaping, V4 mi. water and sewer extensions; rc-align and improve / pave 77� Street and York Road, and US I / 7r Street intersection improvements 0 Walgirms I McDonalds. US I/Prima Vista, St. Lupic County. Fl.: Site development of a 15,000 SF Wallumns and 4,000 SF McDonalds; paving, parking, FDOT access, stormwater and environmentaUvvetlarid mitigation, landscaping, an off- " esign including: design initial legofPrims Vista Boulevard, extending we�a from USI —4 ImeBlvd. secdon;signal modificationsadtUS I /Prima Vista; intersection improvements at US I/ Prima Vista including turn Imes, sidewalk and drainage improv ents 0 82! Sits2t / 80 Avenue Pultlic Roads - Re -Align Old Fgll2mere Wobasso Road for Bluewater Day PD: I mile sui:Tivision collector road, 89� Street and 80 Avenue, located at CR5 10, near Treasure Coast Elementary and Sebastian River High School; two Ime curbed urban section and sidewalks; intersection improvements at 89� Succt/CR510 and 866 Avenue/CR510 — turn Imes on all I be following public projects demonstrate Mr. Schulke's ability to provide engineering services for various types of water and sewer line projects whem Mr. Schulke has been the primary liaison, project manager, and engineer of record: Water & Sewer Line Work • City of Sebastian Veterans'Memorial Lift Station • Indian River County Continuing Services Contract • 74'h Avenue Form Main: 2.5 mile sewer uansmission force main • Bent Pine Lift Station: Modifications to two existing public fit stations and existing form mains; new pumps, controls, valve vault, and generators while keeping operational P645 Water & Sewer Line Work (Con 't) c, Mister Plan Water Main — Vero Lake Estates: 24,930 LF (4.72 mi.) of 12" "backbone" water main, hydraulic analysis/model (WaterCad) of future water distribution gridluet%vork to service all of Vero Lake Estates ,o SR 60 Utility Conflicts — Phase 11 and Phase III: Modifications to existing water mains, sewer mains, and non-poLable mains lying within SR 60 to avoid conflicts with FDPT paving and drainage improvements to SR 60 between 70 Ave. and 846 Am 0 3711 Stroct Lill Station. Rehabilitation: Modifications to an existing public lift station sewing the hospital / medi I cal node. Co rstruct new wet well, new valve vault, convert existing wet well to manhole, and salvage electric while keeping pump stati6m operationalcluo grc�construction. I o Brine Line'Conversion to Potable Main — 77t' Street: Develop a comprehensive cleaning and disinfection regimen to permit the conversion of 1, 150 it (+/-)of an ROWFP 16" brine discharge main to a potable water main. c, E. Shell Lane Gravity Sewer: Construction of anew 8" Gravity ScwcrColleafion System to serve the ten (10) home sites on East Shell Lane and provide stub -outs for future connections and extensions to serve other areas of the Surnmerplace Unit I Subdivision and other adjacent properties. o College Lane Water Main Extension: Construction of approximately 1,841 LF of 16" PVC and 451 LF of 18'; HDPE Master Planned Water Transmission Main located and constructed along College Lane, west of 58" Avenue. c, . 53rd Street: Engineering design and permitting for the construction of new 12" Muster Planned Water Main extensions on 53rd St. and Old Dixie Higb%my, and provide for the necessary utility modifications to existing water mains, 'ewe" mams:pdanon, potable re -use water maim lying within or adjacent to 53rd St. and Old Dixie Highway to avoid conflicts with IRC P vin and drainage improvernents to 5314 Street and Old Dixie H". The work is being completed in conjunction with the IRC Public Works department's proposed contract plans, "53rd St. Roadway Improvements", "Phase I" and "Phase 11" o. l6th Street & 66th Avenue Utility Extensions and Relocations: Construction Engineering and Inspection servic, construction of a now 12" and 16" Master Planned Water Main extension on 66th Ave, from SR60 to 16'M SL, and a P646 Name:lRobert J Votaw INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Date: 108/07/17 1 Full Name] Robert J Votaw Email Address: Irobert@Servicesbycatalys Street Address (No P.O. Boxes): 1 1025 33rd Ave SWI, Vero Beach, FL 32968 :71 Home Phone: Work Phone: Cell Phone: How long have you been a resident of Indian River County? 132 years Are you a full or part time resident? Check one: Full Time 7 Part TimeEl Please list current employer or business. If refired, please list any business experience that may be applicable to the committee. Catalyst Business Services, Managing Member Please list any licenses you presently hold: N/A Please list any organization of which you are currently a member: None Please list any other committees or boards you currently sit on: None I Continued on next page P647 Plate a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE El AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE E1_ CODE ENFORCEMENT BOARD El COMMUNITY DEVELOPMENT BLOCK GRANT El CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE ECONOMIC DEVELOPMENT COUNCIL E1_ ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION E] SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE - TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD 0 TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY - ,Please print and return the comeleted apelication, along with a current resumej to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. Print P648 PROFESSIONAL OVERVIEW: Catalyst Business Services, MGRNV Owner I D - tobert J. Votaw '772-473-6909 Robert@sevicesbycatalyst.com 1025 33� Ave. SW, Vero Beach, Fl, 32968 Vero Beach, FL 2010 - Present • Specializing in Residential Land Development Financial analysis and CFO Services for multiple Residential developments with a gross value of $45MM. • Provide Business Consulting services including HR, Bookkeeping, Employee Training, Marketing, Strategic Plan*g and Implementation, Cash Management, Monthly Financial reviews. • Develop exit strategies and prepare business valuation reports. • Executive Coaching, Business plan preparation, Loan request preparedness. The Oculina Bank, Loan Officer, Branch Manager Vero Beach, FL 2008 - 2011 o Commercial, Residential and Consumer Lender, and Branch Manager for the Main Branch closing in excess of $8MM in loans. Financial analysis and loan presentations to board of directors. o Trained, managed, and motivated staff consisting of 3 to 5 employees and deposits of $28MM • Responsible for all Main Branch cash, operations, loss risk reduction, lending, and sales • Served as IT back-up support for bank Renaissance Services, ILLC, President/Owner Vero Beach, FL 2006 - 2008 • Supplied business consultant and PEO Provider services • Provided own industry -recognized small business and repairs skills training • Licensed Mortgage Broker for GTC Lending Indian River National Bank (now RBC Bank), Loan Vero Beach, FL 2004 - 2006 Officer o Residential Loan Originator, promoted to Commercial, Residential and Consumer Loan Officer • Exceeded annual production goals of $8-12MM • Supervised and trained branch4evel loan assistant, who achieved Branch Manager position Sun Coast Repair Services, Dmammaker Bath & Kitchen Fmnchise Vero Beach, FL 1990 - 2003 President/Owner • Purchased company after five years of employment • Increased Warranty Rep customer base from 10 to over 30 manufacturers and grew overall clientele and territory to include all of South Florida and Caribbean Islands • Created and conducted manufacturers'cerfified training Course for business entrepreneurs nationwide • Expanded company from I to 5 employees increasing sales $250K annually • Developed exit strategy and sold company in 2003 EDUCATION: P649 Dacneior oi Arts Catawba College, Salisbury, NC, 1984 Continued Education o Mortgage Broker License, State of Florida, 2003 o Tom Hopkins Sales Seminar, 1998 o Dwyer Group Yearly Sales and Business Seminars, 1991-2003 COMMUNrrY LEADERSIIIP AND SERVICE: Vero Heritage Center o Board of Directors, Treasurer, 2010-2016 Kiwanis Club of Vero -Treasure Coast o Active Member, 2004-2012. President, 2006-2007. Kiwanian of the Year, 2004 Main Street Vero Beach o Board of Directors, 2004-2009 o Chairman of Downtown Friday Event, 2004-2010. Logistics Chair, Hibiscus Festival, 2005- 2011 P650 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Name:lDavid Brian Kanarek I Date: 108/04/17 1 Full Name:lDavid Brian Kanarek Email Address: I David.Kanarek@Pultegro Street Address (No P.O. Boxes): 14400 PGA Blvd. Suite 700. Palm Beach Gardens, FL 33410 Home Phone: Work Phone: Cell Phone: 1772-453-3458 How long have you been a resident of Indian River County? lPreviously 20 + yW� Are you a full or part time resident? Check one: Full Time[]Part TimeF-1 Please list current employer or business. If refired, please list any business experience that may be applicable to the committee. Employer: PulteGroup - Parent Company to DiVosta Homes. I have previously served as DIVosta Land Project Manager at Waterway Village and Provence Bay. Presently I serve as General Manager of HOA operations from Indian River County to Please list any licenses you presently hold: Please list any organization of which you are currently a member: Gold Coast Builders Association - VP of Government Affairs Palm Beach County Workforce Housing Summit - Steering Committee Member Palm Beach County Housing Leadership Committee - Board Member Please list any other committees or boards you currently sit on: Families First of Palm Beach County - Business Development Committee Jewish Federation of Palm Beach County - Emerging Leadership Project Continued on next page P651 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE 0 AGRICULTURE ADVISORY COMMITTEE - 0 BEACH & SHORE PRESERVATION ADVISORY COMMITTEE - Ij CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE mpb CITIZEN, ADVISORY COMMITTEE 0 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 ti, lease: print rancl 0 return' ItheLcomplete app to the Board of ]IL County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. r— -- -- I _frInt_. P652 DAVID B. IKANAREK 616 Clearwater Park Road - Unit 203 - West Palm Beach, FL 33401 - David.Kanrek@Pultegroup.com - 772-453-3458 EDUCATION University of Florida, Gainesville, FL Master of Arts in Urban and Regional Planning, May 2009 GPA: 3.68/4.00 Bachelor of Arts in Political Science, cum laude, December 2006 GPA: 3.50/4.00 PROFESSIONAL EXPERIENCE PulteGroup, Inc. Palm Beach Gardens, FL Land Project Manager and General Manager of Community Associations, August 2016 — Present Manage land development budgets, entitlement, site development and community closeout including bond exoneration. • Oversee site development schedules in excess of 150 residential units. • Coordinate with local municipalities on permits and site compliance. LandAcquisition Manager and General Manager of Community Associations, June 2015 — August 2016 • Drafted initial Letters of Intent as well as review Purchase Sale Agreements. • Determined financial feasibility of potential land acquisitions by reviewing department budgets and suggested product pricing using proprietary software. • Prepared PTOformas on multiple acquisitions in total, exceeding $100 million. • Selected by Pulte Operations Team to attend a two-day Leadership and Management Training retreat. General Manager of Community Associations, October 2012 — Present • Serve as President for Community Associations on the East Coast of Florida and from October, 2012 through July, 2015 Sarasota market of Florida. • Lead a team of both On -Site and Portfolio Property Managers as well as Lifestyle Directors. • Facilitate numerous events to foster creativity and devise new best practices for property managers. • Lead Association meetings and effectively communicate complex Association matters to large crowds of residents with varying knowledge of Community Associations. 0 Responsible for all Association budgets, which exceed $15 million annually; review all developer deficit funding. • Selected by my peers and Operations Team to serve on Vision Team for new developments. • Direct legal counsel in preparation of Homeowner Association legal documents. • Coordinate developer turnover of the Association to the residents, including document review, developer liability and developer release negotiations with resident board of directors. • Successfully negotiated legal release settlements from turned -over Associations. • Preparation of cost share and easement agreements for potential land acquisitions. • Direct legal counsel on establishment of CDDs and serve on CDD Boards in Southeast Florida. • Ensure each property is maintained at a high standard to support the sales effort and reduce developer liability. Gardens Home Management Services, LLC. Boca Raton, FL Director ofSouth Palm Beach County Division, October 2009 — November 2011 • Managed 175 residential and commercial accounts throughout Southern Palm Beach County. • Conducted market analysis for two property management acquisitions; each resulting in 50% increase in revenue. • Coordinated improvement projects for multiple properties. ACTIVITIES & PROFESSIONAL AFFILIATIONS Gold Coast Builders Association, West Palm Beach, FL (2015 —Present) • Board of Directors (January, 2017 — Present) • Vice President, Government Affairs Committee (January, 2017 — Present) • Government Affairs Committee member (July, 2015 — December, 2016) • Steering Committee Member for Palm Beach County Housing Summit on Workforce Housing (March 2017 — Present) Families First of Palm Beach County, West Palm Beach, Fl, (2016 —Present) 0 Business Development Board (July, 2016 — Present) Jewish Federation of Palm Beach County, West Palm Beach, FL (2011 —Present) • Emerging Leadership Project, class of 2013. • Chair of Alumni Programming (2016— Present) Florida Blue Key, Gainesville, FL (Inducted, 2008) P653 RECEIVED AUG 04 2GJ7 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT bOAROOFCOUNTy Name . :1james 6. Vitter, ii Date 1 :108/03/17 Full Name]James G. Vitter, 11 Email Address: �im.vitter@kimIey-h—om.(;;mj Street Address (No P.O. Boxes): 1445 24th Street, Suite 200, Vero Beach, FL, 32960 Home Phone: Work Phone: Cell Phone: How long have you been a resident of Indian River County?119.5 years :�7� Are you a full or part time resident? Check one: Full TimeZPart TimeEl Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Kimley-Horn and Associates, Inc. Please list any licenses you presently hold: Professional Engineer (Florida) Florida Department of Environmental Protection Qualified Stormwater Management Inspector Please list any organization of which you are currently a member: American Society of Civil Engineers mease ust any otner committees or Maras YOU currenny sit on: none Continued on next page P654 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE El AGRICULTLFRE ADVISORY COMMITTEE E]_ BEACH & SHORE PRESERVATION ADVISORY COMMITTEE 0 CHILDREN'S SERVICES ADVISORY COMMITTEE - ET CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT Ij CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS ET DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE [Z]_ ECONOMIC DEVELOPMENT COUNCIL El ENVIRONMENTAL CONTROL HEARING BOARD El MPO BICYCLE ADVISORY COMMITTEE 0 MPO CITIZEN ADVISORY COMMITTEE - PLANNING & ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD El TREASURE COAST REGIONAL PLANNING COUNCIL —COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY Please print and! return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. P655 James G. Vifter, 11, P.E. Senior Engineer / Senior Project Manager 445 20 Street Suite 200 Vero Beach, Florida 32960 jim.vitter@kimley-hom.com 772-559-9737 Summary of Qualifications Over 19 years of project management and civil design experience with large and small private sector land development projects. Responsible for projects from marketing and contract negotiations through design and entitlement process. Extensive experience with site planning, stormwater design, potable water and wastewater system design including lift stations, and discretionary entitlements. Also directly involved with construction observation, contractor coordination and project cerfifications. Education a Bachelor of Science, Civil Engineering, University of Florida, 1997 Professional Credentials Professional Engineer in Florida Department of Environmental Protection Qualified Stormwater Management inspector (inspector no. 24586) w American Society of Civil Engineers Accomplishments Kimley-Hom Best Project Team, 2001 Kimley-Hom Outstanding Professional Development, 2002 a Kinrley-Hom Best Promoter of Team Work, 2003 Work Experience January 1998 to Present Kimley-Hom and Associates - Vero Beach, Florida Computer and Software Skills Noticrosoft Office including Word, Excel, Outlook, Project AdICPR AutoCAD MODRET Projects BJ's Wholesale Club - Continuing Nationwide Consulting and Design Services — Primary point of contact for BJ's Development and construction teams. Lead a team of engineers and designers to handle various design and permitting tasks. As team leader, responsibilities include reviewing plans for technical compliance with codes and maintaining consistency of deliverables across multiple production offices. Recently completed construction projects include: • Wholesale Club and Gas Station in Fayetteville, North Carolina • Off-site gas station facility in Fredericksburg, Virginia P656 James G. Vitter, 11, RE, confinued • Gas Station.Facility.in Philadelphia, Pennsylvania • Gas Station Facility in Amherst, New York • Gas Station Facility in Seekonk, Massachusetts • Gas Station Facility in Miami Lakes, Florida • Propane Facility in Camp Hill, Pennsylvania • Propane Facility in MechanicsVille, Virginia • Propane Facility in Clermont, Florida parc24 - Kimley-Horn Vero Beach Office Campus, Vero Beach, FL — Engineer of Record for this professional office development consisting of 112,000 square feet on 5.18 acres in the City of Vero Beach. Design of the stormwater system for this project included the use of pervious pavers and base material capable of flowing stormwater to on-site wet detention ponds. Kimley-Hom's design services also included utilities, roadway, traffic and landscaping. The permitting of the proposed project involved coordination with City of Vero Beach, Indian River County, St Johns River Water Management District, FDEP, and FDOT. Construction observation and certifications were also provided. parc24 was a LEED Certified project and achieved Silver status. During the design process, the selection of the sustainable design elements required research and cost comparisons of different potential designs and analyzing the impacts to the project over the entire project life. Woodfield Residential Development, Indian River County, FIL — Project manager and design engineer for this 150 -acre residential development. Kimley-Hom provided extensive consulting services for the project including rezoning, site planning, landscape design, wetland impacts and mitigation, and tree preservation. Responsibilities for the project included stormwater design, utility design, lift station design, internal roadway design, coordination with local agencies to obtain all civil permits, and engineering inspections and cerfifications. Hampton Inn and Suites -Okeechobee, Okeechobee, FIL — Project manager and design engineer for this 85 room hotel and two outparcels on 6.28 acres in the City of Okeechobee. Design services included site planning, stormwater design, utility design, off-site roadway design, traffic analysis and landscaping. The site plan approval of the project required rezoning and comprehensive land use change through the City of Okeechobee. Other approvals required included South Florida Water Management District, FDOT, and FDEP. Coordination with the adjacent Post Office to design a shared driveway to State Road 70 were also included in the scope of services. Hampton Inn and Suites -Vero Beach, Florida – Project manager and design engineer for this 90 room hotel in the City of Vero Beach. Services included writing a Planned Development Ordinance for the City to allow the approval of project characteristics not permitted in the code. Other design services included site planning, stormwater design and utility design. Coordination and permit approval was required from St Johns River Water Management District, FDOT, FDEP, and Indian River County. Las Ventanas, Boynton Beach, FL— Design engineer and project manager for this 15 -acre mixed use project which included approximately 50,000 square feet of retail space and 504 residential units. This innovative site design planned buildings to be constructed at the perimeter of the site and all vehicular parking was internal and not visible from adjacent roadways. Kimley-Horn also provided traffic engineering, roadway design, signal design, off-site utility analysis and design, lift station design, and project coordination. Civil permitting included the City of Boynton Beach, South Florida Water Management District, Palm Beach County, FDOT, and FDEP. P657 I James G. Vitter, 11, P.E., continued Reserve at Vero.Beach, Vem Beach, FIL — Project Managerfor this 20 -acre mixed use project in Vero Beach, Florida. The project included 159 mulfi-family units and 3 commercial outparcels; integrated together to promote walkability and shared amenities. The design of the stormwater detention system included flood plain compensation for development in the flood plain. Kimley-Hom also provided site planning, off-site roadway improvements, lift station capacity analysis, utility design and landscape design. P658 From CivilSury Design Group 1.772.323.2245 Fri Sep 23 08:36:35 2016 WT Page I of 2 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Name:Khristopher Murphy Date: �09/22/16 - Full Name:ichristopher Murphy Email Address: [cmurphy@civilsurv.com Street Address (No P.O. Boxes): 1780 Blackpine Drive Vero Beach, FL 32968 Home Phone: �1778 Work Phone: Cell Phone: How long have you been a resident of Indian River County? 11 Oyrs Are you a full or part time resident? Check one: Full TimeFV� Part TimeM Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. sury Design Group, Inc.: Experienced in both the private and public sector with projects involved any of the following: Community and neighborhood re -development, transportation ning, water & sewer utility operations, planning (i.e. zoning/long range planning), grant Please list any licenses you presently hold: Florida Professional Engineer Florida Real Estate Sales Associate Florida 220 Insurance License Please list any organization of which you are currently a member: Scout Troop 473 Please list any other committees or boards you currently sit on: AUG 0 3 2017 Continued on next page 130ARD" OF COUNTY co -M T\f ISSION SEP OF P659 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE El CHILDREN'S SERVICES ADVISORY COMMITTEE CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE 0 MPO CITIZEN ADVISORY COMMITTEE - PLANNING &ZONING COMMISSION SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL El TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD ED TREASURE COAST REGIONAL PLANNING COUNCIL —COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY -117 Please. print and return the completed application, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. I PrInt M Resume for consideration for appointment to Indian River County Volunteer Committee Positions September, 2016 Chris Murphy, P.E., ME, MPA 780 Blackpine Drive Vero Beach, FIL 32968 Phone: 772-233-3178 Email: cmurphy@civilsurv.com Education: Master of Engineering, University of Florida, 2008 Master of Public Administration, University of Central Florida, 1999 Bachelor of Science, University of Florida, 1994 Experience: 2006 -Present: CivilSury Design Group, Inc., Director of Engineering (10yrs) 2003-2005 Port Orange, FL- Community Development Engineer (3yrs) 2000-2006 Weldon Land Development, Inc. (6yrs/owner) 1999-2000 Longwood, FL- City Engineer (2yrs) 1996-1999 Winter Springs, FL- Stormwater Utility Manager (3yrs) 1994-1996 Martin County BOCC- Engineering Assistant (1.5yrs) Activities: Boy Scouts of America, Assistant Scout Master, Troop 473 Other Licensure/Certifications Florida Professional Engineer Florida Real Estate Sales Associate License Florida P&C 220 insurance License P661 INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Name:lGreg Burke, AIA, NC RB Date: 08/03/17 Full Name: Greg Burke, AIA, NCARB Email Address: Igjburke@burkearchitects. Street Address (No P.O. Boxes): 1333. 17th Street, Suite J., Vero Beach 32960 Home Phone: [!7�:2�7�5 �flWork Phone: E7L2�9.6999 Cell Phone: How long have you been a I resident of Indian River County? 122 years Are you a full or part time resident? Check one: Full TimeR]Part TimeEl Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. President, Gregory John Burke I ARCHITECT, PA Please list any licenses you presently hold: Licensed to practice architecture in seven states including Florida Please list any organization of which you are currently a member: The American Institute of Architects National Council of Architectural Registration Boards �Iease list any other committees or boards you currently sit on: Equity and the Future of Architecture (National AIA) Continued on next page P662 Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMITTEE BEACH & SHORE PRESERVATION ADVISORY COMMITTEE -El CHILDREN'S SERVICES ADVISORY COMMITTEE El CODE ENFORCEMENT BOARD El COMMUNITY DEVELOPMENT BLOCK GRANT 0 CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS - El DEVELOPMENT REVIEW AND PERMIT PROCESS ADVISORY COMMITTEE ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD. MPO BICYCLE ADVISORY COMMITTEE E! MPO CITIZEN ADVISORY COMMITTEE F] 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 E:] Please print and return the completed application, along with a currqii t re.surt*, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. P663 Grog Burke, AIA, NCARB Gregory John Burke ARCHITECT, PA Profile Thirty years as a registered, award winning architect with a track record in design, project management and delivery of building, planning and interior architecture projects for more than 10,000,000 square feet at a cost of more than $2B on time and on budget. Clients range from small families to several Fortune 500 companies. Listening, communication and delivery drive a client oriented service. Professional PRESIDENT Experience (05198 - Present) Gregory John Burke I ARCHITECT, PA, Vero Beach, Florida DESIGN PRINCIPAL (11/95 - 05/98) Donadio & Associates, Architects, PA, Vero Beach, Florida TECHNICAL DIRECTOR I PROJECT MANAGER (10/89 - 11195) The Hillier Group, Princeton. New Jersey PROJECT ARCHITECT I PROJECT MANAGER (10/10 - 07/14) URS Corporation, Miami, Florida (Part-time) (06/88 - 06/89) CUH2A, Princeton, New Jersey (06/85 - 06/88) Gensler & Associates, Houston, Texas Education Knowlton School of Architecture, The Ohio State University, Columbus, Ohio Bachelor of Science in Architecture, (History of Art Minor) 1981 Professional Ohio, 1984 New Jersey, 1988 (1) Georgia, 1999 (1) Licenses NCARB Certificate 1984 Florida, 1996 Alabama, 2005(1) Louisiana, 2005 (1) South Carolina, 2009 (1) California -Safety Assessment Professional Carl No. SAP63293 (1) after a license indicates inactive status. H o n o r s Architectural Woodworking Institute, Juror National Student Design Competition, 1992 Publications and Awards Revit "Pioneer Program" - Consultant for software improvement. 1999-2001 AIA Florida "Tony" Pullara Award, 2017 AIA National Diversity Awards Program, Juror, 2016 AIA Treasure Coast, Les Larsen, FAIA Chapter Relations Award, 2016 AIA Florida Presidential Citation 'Advocacy & Legislative Affairs," 2015 AIA National Component Award, 'Citizen Architect,"2015 AIA Florida Presidential Citation 'Citizen Architect,", 2014 "Citizen Architect", AIANationaI2011 Texas and Houston Chapter Honor Award: Enron Corp, 1988 New Jersey Honor Award: Howard Hughes Medical Institute, 1991 United Arab Emirates Telephone Company Headquarters Design Competition, Winning Design, 1985 AIA Architect, 'Architects Who Overcame Disabilities," 29 June 2016 333 117" StreelL Suite J, Vero Beach, Florida 32960 - PH: 772.299.6999 P664 Greg Burke, AIA, NCARB Gregory John Burke I ARCHITECT, PA Affiliations and National Trust for Historic Preservation, 1979 - Present Activities Sigma Chi Fraternity Life Member, 1980 - Present Indian River County Code Enforcement Board, Member, 1997 - 2001, Chairman 1999 Board of Adjustment & Appeals, 2008-2010, Coalition for Attainable Housing of Indian River County Board Member 2006-2008 The Coalition for the Homeless of Indian River.County Board Member, 1998 - 2001, Vice -President 2000, 2001 Indian River County Chamber of Commerce, Board of Directors 2006-2008 Legislative Committee 2005 - 2009 (Chair 2006-2008) Member, 2003 - 2016 St. Lucie County Growth Awareness Ad Hoc Committee Member 2007 - 2008 City of Vero Beach, Florida Architectural Review Commission Member, 2008-2011 The American Institute of Architects: National Equity and the Future f Architecture, 2017-2018 National AIA Diversity & Inclusion Council, 2014-2016 Florida Foundation for Architecture, Trustee, 2013, Treasurer 2014-2015 Florida Association I AIA, Vice -President 2015 - 2016 Florida Association I AIA, Citizen Architect Task Force, Chair, 2013, 2014 Treasure Coast Chapter FA I AIA State Director 2008-2013 Treasure Coast Chapter President, 2006, 2012 Treasure Coast Chapter, Architecture Week Chair, 2006-2007 Treasure Coast Chapter Vice President / President Elect, 2004, 2011 Treasure Coast Chapter Vice President; 1999, 2000, 2009,2010 Treasure Coast Chapter Design Awards Committee Chair, 2000 Treasure Coast Chapter Golf Tournament Chair 2004-2008 Treasure Coast Chapter Golf Tournament Co -Chair 2003 New Jersey Board of Trustees, 1994 New Jersey Governance Task Force, 1993 New Jersey Central Section Treasurer, 1992 - 1993 National AIA Practice Committee, 1993 Texas Chapter Student Liaison Committee, 1987,-1988, Chair 1988 The Congress on New Urbanism, Member 2006-2010 333 17'h Street, Suite J, Vero Beach, Florida 32960 - PH: 772.299.6999 P665 Greg Burke, AIA, NCARB Gregory John Burke I ARCHITECT, PA .. ............ . . S k I I I a & Mr. Burke has extensive experience with several different building types and from the Services smallest of scope to very large and complex projects. The following represents the unique skill sets he brings to a firm: Design Services: Site Design and Selection Building Code Review Programming Schematic Design Contract Documents & Specifications ADA Review and Compliance Interior Architecture AIA Contracts Skills: Financial (Proforma) Development Conceptual Design Design Development Construction Administration Zoning and Code Review and Compliance Systems Furniture Design Expert Witness Hand Sketching CADD - DataCAD. AutoCad (familiarity) 3-D Computer Visualization with ArchICAD, Photoshop, Artlantis Building Information Modeling (BIM) experience with Revit, ArchiCAD and Sketchup Microsoft Office and Project Word Perfect Public Speaking to community organizations, Planning & Zoning Boards, City Councils and County Commissions Hobbies: Golf Traveled through Europe, China and the United States Languages: English Italian (Beginning) 333 17'h Street, Suite J, Vero Beach, Florida 32960 - PH: 772.299.6999 P666 Namej Raymond Sheltra INDIAN RIVER COUNTY APPLICATION FOR COMMITTEE APPOINTMENT Date: Full NamedRaymond Sheltra Ray@shel�a�conracti�ng.cj Email Address:F Street Address (No P.O. Boxes): 16625 49th Street, Vero Beach, Florida 32967 Home Phone: Work Phone: Cell Phone: 1772-563-8j6l How long have you been a resident of Indian River County? 115 years Are you a full or part time residenO Check one: Full Timez Part TlmeE1 Please list current employer or business. If retired, please list any business experience that may be applicable to the committee. Dickerson of Florida Sheltra & Sons Contracting, LLC Please list any licenses you presently hold: Please list any organization of which you are currently a member: Please list any other committees or boards you currently sit on: Continued on next page Place a check mark next to the committee(s) you would like to serve on: AFFORDABLE HOUSING ADVISORY COMMITTEE 0 AGRICULTURE ADVISORY COMMITTEE - BEACH & SHORE PRESERVATION ADVISORY COMMITTEE CHILDREN'S SERVICES ADVISORY COMMITTEE El CODE ENFORCEMENT BOARD COMMUNITY DEVELOPMENT BLOCK GRANT CONSTRUCTION BOARD OF ADJUSTMENT & APPEALS El DEVELOPMENT REVIEWAND PERMIT PROCESS ADVISORY COMMITTEE ECONOMIC DEVELOPMENT COUNCIL ENVIRONMENTAL CONTROL HEARING BOARD MPO BICYCLE ADVISORY COMMITTEE Ej MPO CITIZEN ADVISORY COMMITTEE PLANNING & ZONING COMMISSION El - SCHOOL PLANNING CITIZEN OVERSIGHT COMMITTEE TOURIST DEVELOPMENT COUNCIL TRANSPORTATION DISADVANTAGED LOCAL COORDINATING BOARD El TREASURE COAST REGIONAL PLANNING COUNCIL — COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY 01 flease,pLj�t��qj��tum the co I mpleted a I pplic I ation, along with a current resume, to the Board of County Commission office, 1801 27th Street, Vero Beach, FL. 32960, or by fax at 772-770-5334. Please note: All applications are kept on file for 6 months. Print 6625 491h St.. Vero Beach, Flodda 32967 rmond W. Sheltra Construction experience spans over 38 years from operating equipment to Work project general superintendent on several road and subdivision projects from start up through completion. Experience 1978 - 1999 Sheltra & Sons Construction Incillantown, Florida Operator Back hoe, Bulldozer, Loader Superintendent Oversee the daily operation of building a project: scheduling, reading plans and running equipment when needed. General Superintendent Oversee the daily operations of several projects scheduling, attending meetings, and overseeing the superintendents on individual jobs to ensure job completion and contractual compliance. I 1999 Felix Construction Vero Beach, Florida Project Superintendent Oversee daily operations building multimillion dollar projects from excavation, underground, utilities, water, sewer etc. 1� 1999 —Arbor Trace, Vero Beach Contracted for 3 Million 2. 1-95 for DOT From Vero Beach to County Road 512 Fellsmere 1990-2012 SIPS Contracting Vero Beach, Florida Project Superintendent/Partner Oversee the daily operations of several projects and the aspects of building a project from the roads, underground, utilities etc. I . 1999-5.5 Million - Pointe West, Vero Beach, Florida 2. 2000-2,.5 Million - South Lakes, Vero Beach, Florida 3. 2001 -2.5 Million - Bridge Pointe, Vero Beach , Florida 4. 2001-2.6 Million - Seranoa, Vero Beach Florida 5. 2001-3 Million - Grand Harbor, Vero Beach, Florida 6. 2002-2.5 Million - River Wind, Vero Beach, Florida 7. 2002 - 15 Million - Tennis Village, Vero Beach, Florida 8. 2003-2 Million - Four Lakes, Vero Beach, Florida 9. 2003-2.5 Million - Diamond Court, Vero Beach, Florida 10. 2004 - 2.5 Million - Amber Lakes, Vero Beach, Florida 11.2005-3 Million - Ashley Lakes, Vero Beach, Florida 12. 2006 - 3.5 Million - Antillies, Vero Beach, Florida 13.2008-11 Million - Manchester, Vero Beach, Florida 14� 2009 - 11.5 Million - Copper Creek, Florida 15. 2010 - 1.4 Million - Cortez & 25th Street, Fort Pierce, Florida nd W. Sheltra 2012 -Present 2014 Vice president 6625 49� St., Vero Beach, Florida 32967 Dickerson of Florida Fort Pierce, Florida Oversee several projects from the scheduling, planning, operators etc. �'l 1 . 2012 - 12.3 Million - 1-95 to Indrio Road in St. Lucie/Indian River County 2. 2012 - 3.1 Million - Lake Wales Airport, Lake Wales, Florida I 3. 2014 � 21 Million r 66th Avenue, Vero Beach, Florida 4. 2014 - 15.6 Million - Midway Road, Fort Pierce, Florida 5. 2016/17 - 24.6 Million - Indrio Road, Vero Beach, Florida 6. 2016/17- 3.1 Million - Fort Pierce Airport, Fort Pierce, Florida 7. 2017 - 17.8 Million - Kings Hwy, Indian River County, Florida 8. 2017-18 Million - F.P.& L, Miami, Florida I 2014 -Present Sheltra & Sons Contracting Vero Beach,florida Owner and Financial Officer Oversee several projects from the financial, bidding, scheduling, planning, operators etc. 1 . 2014- 750 Thousand - Collier Club - Vero Beach, Florida 2. 2015- 1.6 Million - Harrhony Reserve Phase 1, Vero Beach, Florida 3. 2015- 900 Thousand - Sandcrest Phase 1, Sebastian, Florida 4. 2016- 1.5 Million - Acadia - Vero Beach, Florida 5. 2016- 1.1 Million - The Willows Phase 1, Vero Beach, Florida 6. 2017- 2.6 Million - Lost Tree Preserve, Indian River County, F, lorida 7. 2017- 400 Thousand - Sandcrest Phase 11, Sebastian, Florida 8. 2017 r 1.1 Million - Harmony Reserve Phase 11, Vero Beach, Florida BCC AGENDA August 15, 2017 ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 24, 2017 SUBJECT: Discussion of a Resolution In Support of Legislation making Texting and Driving a Primary Traffic Offense FROM: Joseph E. Flescher, Chairman Commissioner, District 2 I would like to discuss preparing a Resolution to encourage the Florida Legislature to enact legislation making Texting and Driving a Primary Traffic Offense. Currently, State law does not allow a law enforcement officer to make a traffic stop solely based on observing a driver texting while driving. Please see FS.316.305 (2016) attached. The officer must have a primary reason, such as having an expired tag, tail light out or speeding in order to lawfully stop a texting driver. By making Texting while Driving a primary offense, an officer could make a traffic stop based on seeing a driver texting while driving. The Florida Department of Highway Safety and Motor Vehicles, Traffic Crash Facts report, defines Distracted Driving Crashes as: Crashes, injuries and fatalities that occurred in events where at least one driver was listed on the crash report with a distraction code of "2" (Electronic Communications device), "3" (Other Electronic Device), "4" (Other distraction inside the vehicle), 05" (External distraction), "6" (Texting, or 7" (inattentive in general). According to statistics from the Florida Department of Transportation, in 2017 Indian River County had 1,045 crashes and 422 of those (40%) were distracted driving crashes with 21 resulting in incapacitating injuries and 18 fatalities. Texting and driving, is a primary offense for all drivers in 41 States and the District of Columbia. P667 RESOLUTION NO. A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ENCOURAGING THE FLORIDA LEGISLATURE TO ENACT LEGISLATION THAT WOULD MAKE TEXTING WHILE DRIVING A PRIMARY TRAFFIC OFFENSE WHEREAS, distracted driving is driving while performing another activity that shifts the driver's attention away from driving; and WHEREAS, texting while driving is a form of distracted driving; and WHEREAS, texting while driving makes the likelihood of a crash 23 times greater than driving while not distracted, according to the Virginia Tech Transportation Institute; and WHEREAS, the National Highway Traffic Safety Administration (NHTSA) reported an estimated total of 967,000 crashes in the United States involving distracted drivers in 2014, resulting in 3,179 deaths and approximately 43 1,000 injuries; and WHEREAS, the concern of the American public over distracted driving has grown exponentially, resulting in the first-ever national distracted driving enforcement and advertising campaign in April 2014 by the United States Department of Transportation; and WHEREAS, the degree of cognitive distraction associated with mobile phone use is so high that drivers using mobile phones exhibit greater impairment than legally intoxicated drivers, according to a University of Utah study; and WHEREAS, the Florida Legislature enacted Chapter 2002-179, Laws of Florida (Senate Bill 358), which preempted local governments from regulating the use of electronic communications devices in motor vehicles; and WHEREAS, during the 2013 regular session, the Florida Legislature passed the Florida Ban on Texting While Driving Law, Nvbich made texting while driving a noncriminal traffic secondary infraction; and WHEREAS, a secondary offense is an offense for which a law enforcement officer can issue a ticket only if a driver has been pulled over for committing another traffic violation; and WHEREAS, despite making texting while driving a secondary offense, The Florida Department of Highway Safety and Motor Vehicles (FDHSMV) reports that distracted driving crashes have increased 26% since 2013; and WHEEREAS, according to statistics from the FDHSMV, Indian River County had 2,360 crashes in calendar year 2016 and 383 of those (16%) were distracted driving crashes with 21 resulting in incapacitating injuries and 5 fatalities; and WHEREAS, Florida is among only five states that do not enforce texting while driving as a primary offense, but instead as a secondary offense; and P668 RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: I . The Board hereby urges the Florida Legislature to enact legislation that would make texting while driving a primary offense. 2. The Clerk to the Board is hereby directed to transmit a certified copy of this resolution to the Governor, Senate President, House Speaker, and the Members of the Indian River County Legislative Delegation. J. This item shall be included as a priority matter for the 2018 Legislative Package when it is presented to the Board. The resolution was oved for adoption by Commissioner motion was seconded by Commissioner the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissionet-Bob Solari Commissioner Tim Zorc , and the and, upon being put to a vote, The Chairman thereupon declared the resolution duly passed and adopted this day of 2017. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: By: Deputy Clerk Approved as to form and legal sufficiency: By: William K. DeBraal Deputy County Attorney Joseph E. Flescher, Chairman P669 ,'Treasure Coast Newspapers 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 afflant 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 Offi.s in Vem 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. 461741 - INDIAN RIVER CO ATTORNEYS OFC 1683416 Hearing: 8/15/17: Medical Maijuana Hearing: 8/15/17 Pub Dates July 22, 20 Sworn tkand subficridled before me this dAy of, JUJy 21, 2017, by .he is Sherri Cipriani U (X) personally known to me or ( )who has produced as identification. i )qAf - LINDA JOYCE KLEIN Florida 'XI vp'%� Note,, "1 -11 11008f C 4(b �1'c bram", on 4 L 1422 my Comm. Expires Mat 9,2021 Handledth"hNexavifieurryAM L11 W -W -W P 1-0, GUM I NON SEQUITUR WIN" I, Mvavw CAPTINVIST a IN THE CIRCUIT COURT IN AND OR MARTIN COUNTY. FLORIDA PROBATE DIVISION USENO.: 17-610 CAP IN RE: ESTATE OF VIRGINIA M. TAIRK, a/k/a VIRGINIA MAY TUAK, Ducce'da. G� HENRY WESKRNk SR� recessed. � SU" Dixie Hd19ht` Carol 3n/1 CK Is 1 Tweed, =0& ANII surer Is"KaR."Y.-srear. WEII to 168,157 IN THE CIRCUIT COURT IN AND FOR ST. LUCIE MUNTIG FLORIDA PROBATE DIVISION USE N0-- 20ITCPT57 10 M' ESTATE Of MICKEYSCHULTE. AnVa LOCKEY LEE SCHULTE. DINA.'ed. Personal Rephreventather: "" H. WESKRNA. Ill. 240 URNMS mare I, Manchester, 1 759 Attorney 1. Per.canal Re .r1entathee: 10 D&INFIELM,ESQUIRE Fibride ", No. M71S 416 carrier AW. SIVIN. a 3.99a M.- (771) 236�011)0 Fax: (772) 28SIM Fred. d= r d.a; ace r ry a-unall: cho"I 'ffn— ALL.,! 2.2017 TCH1 2SO %net Public Notices NOTICE Parseral Rdfxrxsealaxx�. Snotr 300 Balmhex, ned A,t. 2001 suncylslestleaddh FLDI60 Attanyon, fOrPersonil JO D EILDS. ESQUIRE Florida Bar No. 20574S 41fiCornatAWrome Stuart R 34994 Annex: 072) m6r0alle Fax: (772) 2118-1728 PrINA " '"' r.d.-Ef-JAW"a'a . e,nual: Christ i1final,ox. Purbe J2 15. 22. 2017 TCSI I AD . R..l Flea tax 11M) �"AN - I BuRn Ban CG '774 A W/D $139 nfit. SoNq 72-321-= Sea, � BEACH - 31dinfloa/12. shadvin....Wryprm, central Interior, his. fix floor ',I No a Mm n. AC. WID. ended fam $14sorso H.S. Ind laven ;;alnt. Cali 712-51LI-MWEB1111619,113 VIER0 BEACH - Beautiful Sfflsh Style 3bd/4ba/?Cl v Ads I.. 3500M. Inn7j,ptell .... Granite. an . pft Mastay. A.11 hannecBmwerinS,sh.. 352-2M6723 . (714)321- 2121 WES 10 16918,11 M�. M Dal lar0cene Front CANDA. Great turn, da'X 'm ul =CJ. to wl & Beach Axaa- able thru Ded 3 end man S� Can 305�-Im in IW659 FORT ST LAINSE - Arech0r.90 Ad " St Lucia Rixer. ARM Rentalt [It floor. deence unit 2,72 Gated. Great taxatian! Pool. Newly renew. 61700 me Ind Water & cable. Censer 772 -237 -CIS? Wd, Id 102423 �M-�Q�A� MMSS..$110(i JanTI2.283-7727 WIEZ 10 1679282 a "Ich In, p,Rl Y. kit INTHECIRCIATMURITIN NOTICE Of INTENT AND MR ST. ILUCIE COUWTY. RIVERFRONT FLORIDA PUBLIC HEARING PROBATE DIVISHIN HOME CASE NO, W17C�735 NOTICE 15 HEINEBY GIVEN that mi I C.:F RA..dc=s- With IH ON, Board 0 County Corn, AUCTION! IN RE: ESTATEW erfissfinters of Indian Rive, GARY H. WESKRINA. Counny, Thobda. Nill consider GAAYHENRYWESIUNRA. A Proud Hearing to Consider 14041 Indian River Drive doothen efulormaded ordl- SebaStian AA/A n.needruld G� HENRY WESKRNk SR� recessed. � SU" Dixie Hd19ht` Carol 3n/1 CK Is 1 Tweed, =0& ANII surer Is"KaR."Y.-srear. WEII to 168,157 IN THE CIRCUIT COURT IN AND FOR ST. LUCIE MUNTIG FLORIDA PROBATE DIVISION USE N0-- 20ITCPT57 10 M' ESTATE Of MICKEYSCHULTE. AnVa LOCKEY LEE SCHULTE. DINA.'ed. Personal Rephreventather: "" H. WESKRNA. Ill. 240 URNMS mare I, Manchester, 1 759 Attorney 1. Per.canal Re .r1entathee: 10 D&INFIELM,ESQUIRE Fibride ", No. M71S 416 carrier AW. SIVIN. a 3.99a M.- (771) 236�011)0 Fax: (772) 28SIM Fred. d= r d.a; ace r ry a-unall: cho"I 'ffn— ALL.,! 2.2017 TCH1 2SO %net Public Notices NOTICE Parseral Rdfxrxsealaxx�. Snotr 300 Balmhex, ned A,t. 2001 suncylslestleaddh FLDI60 Attanyon, fOrPersonil JO D EILDS. ESQUIRE Florida Bar No. 20574S 41fiCornatAWrome Stuart R 34994 Annex: 072) m6r0alle Fax: (772) 2118-1728 PrINA " '"' r.d.-Ef-JAW"a'a . e,nual: Christ i1final,ox. Purbe J2 15. 22. 2017 TCSI I AD . R..l Flea tax 11M) �"AN - I BuRn Ban CG '774 A W/D $139 nfit. SoNq 72-321-= Sea, � BEACH - 31dinfloa/12. shadvin....Wryprm, central Interior, his. fix floor ',I No a Mm n. AC. WID. ended fam $14sorso H.S. Ind laven ;;alnt. Cali 712-51LI-MWEB1111619,113 VIER0 BEACH - Beautiful Sfflsh Style 3bd/4ba/?Cl v Ads I.. 3500M. Inn7j,ptell .... Granite. an . pft Mastay. A.11 hannecBmwerinS,sh.. 352-2M6723 . (714)321- 2121 WES 10 16918,11 M�. M Dal lar0cene Front CANDA. Great turn, da'X 'm ul =CJ. to wl & Beach Axaa- able thru Ded 3 end man S� Can 305�-Im in IW659 FORT ST LAINSE - Arech0r.90 Ad " St Lucia Rixer. ARM Rentalt [It floor. deence unit 2,72 Gated. Great taxatian! Pool. Newly renew. 61700 me Ind Water & cable. Censer 772 -237 -CIS? Wd, Id 102423 �M-�Q�A� MMSS..$110(i JanTI2.283-7727 WIEZ 10 1679282 a "Ich In, p,Rl Y. kit �U�O pd,.t Isteas 'I. Anyone %xho need A . A Nalk In arem vu.ter Attend S!VL999 Wk to w no lisle rom=Val FILS, FORM poelal accommodation for this 772-546-60110 ID I670A56 561 -MIT -7059.,772-286-0644 I INTO 10 l�71 mi I C.:F RA..dc=s- With IH VERO BEACH - Ited/lba --- Dica Idea Act (ADA) Codur- Mobile He., 55. WM BEACIA - Isuctleet Crack, dinala, at 772-226-1223 at fiewk. A Great Cannot PaNcry � 21,02.5b.. [.me r.*.,: least 48 hours In &&Amce of the 10 me to orders. no pets; Is 9495; Mortblylottentor47 9 rt'.11 mi. half block to eNCIL Sllii�6� Annual FLS: hatell.q. 190: Cal Keith 772-217-124 2 Call GeV 7 2M3 -IVa: INDIAN INVER COUNTY BOARD WES ID 1681999 Wm.D 11TV OFCOUNiTcwuubwuNxwy was, THASIN . 55+ Hdruri JOSEPH E. FIESCHER. CHAIRMAN Full July 22 2017 '.ch Tism IS&I P . be �MMM�D.�N if. VIEW. 2BDnBA, f.],hed BOSS Ea conde. III% bK^ rend, Ilt g xated. '. Wit conee, older starting. 6 M. to I Wo— "a �AOVfie HOWSAolts rar. Sim ons. call 917-00- SAVAN BANATI AT Indian River ore,ndand. carport SS-.$I%M 464 VVIEBID1691614 connote Scheduled A SPddAJ Z28-20:4SUffe"WEll 159DEB16 valdess MminR Far LIL- — gthen on Tuesday. My 25. 17. to the held lerrosdialely get Mist ALU.n a. wat - Near 1`15 off Meeting the 6 Ons. Business Nteeul Meet of, location: ON-SITE— Gatfln Beed. uld Marmethet, fudy"bil Nxwn. cable TV. N. snoolunlN. pec, must 65005 sl� Verb Beach. If. ,%. 32967 In Me ITC. AUCTION havaceentra all. IRM)812-13�7 Fund July 2 A 2017 TCH 10547 Saturday, Jul 2911, S40OVdHo; call ID,OQ AU S507 Ft. Pierce Beat LaNswoodi Park Lake Waterfront TO `XNDate olds, m been, FUJI Iro.s.. CBS 2 Bed I Bath Plus I Bed I Both mother-laxia" so of no IonAhng Irside/pets. Dryad b.th� "I"Oe Lot Need close to Shoppinh, S3015ent CrFEM HOME Sunday ad 12-1 Ortudedl TERMS I If Won d -% MAIN. Mat uno" w rdd� 41;r. Dr. kitchen Wing A or= ' Ju. led.1 reands derp, do trart mon. La ' A Lgdexprivat I. d :ddd edth sag rtertalrueent .,I. wires, Ad, yodur TIMB. Prior I ould ST. LUCHE - Christian Great 11. Fla. Once you I. Old Add. will Act I-rublooductildetcom I .... M! holuxt 'MI. .1.1115urnokle, IM you Want I. haxe. Was .01,stj I Jacobson audition Co. Ara an and.Mye. First I Last —ABIII_AU231 MBUI-074 ID 16925811 deal chning th, A,, Ce can a paw for a PrInkla vHnNInGS 772 475� 4572- Bled a B."Ifters. fdrA. and, PaU11905(loyahadeont Younon'tImMU,.ppainted, r— Proof of hauxurne call In the ar. are -4572 k B '&791 (771475 atrr.77�777-32SO 1694724 IT WOE - 4bdn1jT2—C In in 11�" MAO - SO IT old ond, In ads, ,,IM 0. His carde eurencHmund post. posid health M earned dead . crectery . ocaure. Mal. or Redertly renovated w/rmm to .", Build"" *0 mWim Feread S7500ano Res & Bral.- Call eM-283-5510 1AWeNo harre. $379xi 772. 28-3553 WEB to 16791" team Fri NOIR, n 10 W%U 2 14MMIS17-24-17 1692534 Real Estate qp'a 7777 u n =fu-. WW BEACH - Fund Are F. , " rance fe'm'at'e'thped a b..tEtte.md 7 el.el neddhol ME) .382. 7 9 Carl Call 772,5594 , or 772-217-14(M 102M �?WA,�- BCC AGENDA August 16, 2017 ITEM 114.1) (1) INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: August 9, 2017 SUBJECT: Revision to County's Local Job Grant Program FROM: Commissioner Bob Solari During a chat I was told th ' at a company that had used 'our jobs grant program in the past was not going to use it for an upcoming expansion because of its complexity. After hearing that comment I made further inquiries and heard that our staff was already working on revisions to the County's local job grant program award computation methodology. After listening to the discussion that took place at the 6-20-17 Economic Development Council meeting, where the item was tabled, I could not understand why the staff's proposal did not go forward. The County has what I consider to be a good, long term, economic development program, which I have no desire to expand, but I do believe that given ours is a limited program, and given the jobs grant program is a major piece of it, I believe that we should have each element functioning and not sidelined by unnecessary bureaucratic procedures. I would like to see if the BCC would like to have staff present us with a presentation geared to improving the jobs grant program while reducing just a very wee bit of bureaucracy. Thank you. P670 August 15, 2017 ITEM 14.E.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: July 24, 2017 SUBJECT: Zoning and Rezoning Requirements FROM: Tim Zorc Commissioner, District 3 Discussion Item: I would like to have an open discussion on zoning and rezoning requirements, corridor plans, plan development approvals, when and where they are appropriate and general requirements for commercial development. P671 INDIAN RIVER COUNTY, FLORIDA DISTRICT MEMORANDUM /54,2, TO: Honorable Emergency Services District Board of Commissioners THROUGH: Jason E. Brown, County Administrator THROUGH: John King, Director ofEmergency Services FROM: Brian Burkeen, Assistant Chief DATE: July 31, 2017 SUBJECT: Approval to Increase Boundtree Medical Purchase Order It is respectfully requested that the information contained herein be given formal consideration bythe District Board of Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS The Fire -Rescue Division has a blanket purchase orderwith Boundtree Medical in place formedical supplies that has reached its $50,000.00 limit. Staff is requesting the Board approve an increase of $20,000.00 to the current purchase order and authorize the County Administrator to authorize a Purchase Order for FY 17/18 up to $70,000. The Fire -Rescue Division currently purchases medical supplies from five (5) separate vendors and utilizes the best pricing from each vendor as needed. Boundtree Medical, overthe years, has acquired many of the smaller supply companies and therefore provides comparative pricing on many of the expendable medical supplies. The amount budgeted for medical supplies is $309,090.00. FUNDING: Funding for the $20,000.00 increase is identified and available within the current budget. ITEM JAMOUNT ACCOUNT NUMBER Medical Supplies 1 $20,000.00 11412022-035270 RECOMMENDATION: Staff recommends the approval of an increase for the current and future purchase orders, as needed, with Boundtree Medical. P672 168) INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT R BOARD MEMORANDUM Date: June 28, 2017 To: Jason Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Preparedl By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Final Pay to Kessler Consulting, Inc for Work Order No. 1 and Work Order No. 2, Solid Waste Procurement Services and Feasibility of Solid Waste Processing & Recycling Services On April 8, 2014, the Solid Waste Disposal District (SWDD) gave authorization to piggy -back Okaloosa County Contract No. C10 -1781 -PW and approve Work Order No. 1 with Kessler Consulting, Inc. (KCI) in the amount of $76,090 to provide solid waste procurement services for expiring franchise agreements. Subsequently, the SWIDD Board approved the following three amendments: On February 17, 2015, the SWDD Board approved Amendment No. I in the amount of $40,790; on June 9, 2015, the SWIDD Board approved Amendment No. 2 in the amount of $18,520; and on October 20, 2015, the SWDD Board approved Amendment No. 3 in the amount of $39,600. The total authorization approved by the SWDD Board for Work Order No. I to KCI is $175,000, which includes Amendments 1, 2 and 3. In addition, on January 6, 2015, the SWDD Board approved Work Order No. 2 to KCI in the amount of $50,950 for an Initial Feasibililty Evaluation and subsequent procurement in exploring the interest of private sector vendors to recover recyclables, organics and possibly energy with the objective of assisting the county in achieving the 75% recycling goal set by the Florida Legislature. On September 13, 2016, staff and KCI provided a summary of the Request for information (RFI#2016039) and requested approval from the SWDD Board to proceed with an formal Request for Proposal process. However, the SWDD Board directed staff to report back to the Board with recycling data from January 2016 to January 2017, for further discussion on costs and means for increasing recycling volumes. The total approved budget for both Work Order No. 1 and No. 2 was $225,950. The majority of the work associated with both of these work orders was completed by the end of September 2016; however, there was an approximate remaining budget of $28,000. Therefore, staff requested KCI to assist in providing additional services as requested by the Board. KCI submitted a Technical Memorandum for this final task which will be further detailed in a separate agenda item. @BCL@D8055426 Page 1 of 2 P673 ANALYSIS: Kessler has satisfactorily completed all of the tasks described in the scope of work for the total invoiced amount, including the final invoices of $556.10 under Work Order No. 1 and $2,028.62 under Work Order No. 2 for a total of $2,584.72. After final payment, the total amount paid to KCI will be at the cost of $227,950. This is $2,000 over the original approved budget, therefore, staff is requesting Board approval to authorize the additional $2,000 funding within the final payment of $2,584.72. FUNDING: Funding for these services are available in the Other Professional Services account in the SWIDID Landfill Fund account, which is funded from SWDD assessments and user fees. The account has funds available for the final payment of $2,584.72. Description Account Number Amont Other Professional Services 41121734-033190 $2,58 .72 SWIDD staff recommends that its Board approve Kessler Consulting's final invoice amount of $2,584.72. ATTACHMENT(s): 1. Kessler's Final Invoices @BCL@D8055426 Page 2 of 2 P674 kessler consulting inc. innovative waste solutions & movolvdEJ DY6MD JUL 2 / 2e.17 Indian River County Landnil 14620 North Nebraska Ave., Bldg D, Tampa, FL 33613 Phone: 813-971-8333 Fax: 813-971-8582 P675 BILL TO DATE INV ICE # Indian River County '132574thAvenue'SW Vero Beach, FL 32968 7/31/20 7 20170311 R Attn: Himanshu Mehta PROJECT 13-05.00 DESCRIPTION HOURS RATE AMOUNT 73-05 IRC Alternative Processing Procurement Amount to close original PO. 28.62 28.62 Amount for additional services and to close out project including attending BOCC 2,000.00 2,000.00 meeting on July I Sth. TOTAL AMOUNT INVOICED 2,028.62 Activifiesfor this period are described on the reverse. All work is complete on this PO! Total S2,028.62 14620 North Nebraska Ave., Bldg D, Tampa, FL 33613 Phone: 813-971-8333 Fax: 813-971-8582 P675 Received by SWDD JUN 27 2017 Indian River County Landfill kessler consulting inc. innovative waste solutions 14620 North Nebraska Ave, Bldg D, Tampa, FL 33613 Phone: 813-971-8333 Fax: 813-971-8582 P676 BILLTO Indi Ri C AR -nr. PTLty—... _DATE, _!NVOICE# 1325 74th Avenue SW Vem Beach, FL 32968 MIMI! 2017M99 Aun: Valerie Lemons via email PROJECT 7344.00 DESCRIPTION HOURS RATE AMOUNT Belo* are the expenses incurred by Kessler Consulting, Inc. during the Period of May 2017. LABOR Ntch Kessler, Project Director 0.5 185.00 92.50 Robin Mitchell, Project Manager 6.25 140.00 975.00 Nildd McNew, Technical Support 1 50.00 50.00 TOTAL LABOR COSTS 1;017.50 Courtesy invoice adjustment 461.40 -461.40 Activitiesfor this period are described on the reverse All work is complete on this POI Total 14620 North Nebraska Ave, Bldg D, Tampa, FL 33613 Phone: 813-971-8333 Fax: 813-971-8582 P676 Indian River County, FL KC1 Project No. 73-04.00 Collection Procurement & Additional Technical Assistance Below are the activities conducted by Kessler Consulting, Inc. in May 2017: Tasks 8—Additional Technical Assistance Revised -final technical memorandum -regarding recycling opportunities based on additional comments provided by client and transmitted final to client an 5/3/17. Reviewed changes made to the PowerPoint presentation by client. Emailed comments on PowerPoint revisions to client and discussed by phone. Reviewed the draft SWDD Board Agenda memorandum prepared by client and Utility Director's comment on the memorandum; discussed with client. Reviewed revised SWDD Board Agenda memorandum and provided written comments to client on 5/4/17. oo Reviewed additional revisions to SWDD Board Agenda memorandum and discussed with client. Maintained communication with client regarding project status. IRC 73-04 May 2017 kessler consulting Inc. P677 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: July 21, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Work Order No. 11 to CDM Smith, Inc. for Evaluation Monitoring for the C&D Landfill The Solid Waste Disposal District (SWDD) landfill operation is a highly regulated activity, which requires groundwater monitoring in accordance with the site permits for the Class I landfill and the Construction and Demolition (C&D) debris landfill as well as submittal of environmental compliance documentation. Results of routine semi-annual monitoring of groundwater quality at the C&D Debris Landfill in January 2017 indicated that confirmed concentrations of benzene and sodium exceeded the Primary Drinking Water Standard Maximum Contaminant Levels (MCLs) in samples collected from monitor well MW -21. MW -21 is one of the 10 detection monitor wells that comprise the monitoring network for the C&D Debris Landfill. In accordance with Florida Department of Environmental Protection (FDEP) rules and the permit for the facility, SWDD reported the exceeclances of the MCLs; to the FDEP in March 2017. In the attached letter dated June 22, 2017, FDEP requested that SWDD initiate evaluation monitoring in accordance with the requirements of Chapter 62-701.510(6), Florida Administrative Code (F.A.C.). Compliance with the evaluation monitoring requirements include installation of additional monitor wells and implementation of a quarterly monitoring program for the new wells and affected existing wells. This agenda item requests authorization to the engineering firm of CDM Smith, Inc. (CDM Smith) to assist with the evaluation monitoring requirements which include installation of up to two additional monitor wells, quarterly sampling of at least two monitor wells, and preparation of two reports to be performed in 2017 to meet FDEP requirements. ANALYSIS: CDM Smith has prepared Work Order No. 11, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for the project. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the engineer's continuing consulting services master agreement. The table below shows the expected completion date and their estimated fees. TASK DESCRIPTION COMPLETION DATE AMOUNT Task 1 Project Quality Management January 31, 2018 $9,450 Task 2 Well Installation July 25, 2017 $8,245 Task 3 Groundwater Sampling (Quarterly) 1$' Quarter — July 28, 2017 2�1 Quarter - October 28, 2017 $4,450 Task 4 Reporting ls' Quarter — September 28, 2017 2nd Quarter - December 28, 2017 $12,150 TOTAL (Lump Sum)= $34,295 @BCL@78053941 Page 1 P678 The costs above are consistent with what SWDD has paid historically for these services. Due to the time sensitive nature of this work related to the scheduling of the drilling contractor and coinciding the sampling of the new well with the semi-annual sampling that CDM Smith was scheduled to perform at the end of July 2017, staff requested and received approval from the County Administrator on July 21, 2017, to authorize an interim Purchase Order No. 78006 for the work proposed in the work order. Staff is requesting approval from the SWDD Board to ratify the action by the County Administrator and to approve the attached work order. FUNDING: Funding for the C&D Landfill is budgeted and available in the Engineering Services account in the SWDD Landfill Fund, which is funded from SWDD assessments and user fees. The account has a total budget of $573,500 for the 2016/2017 fiscal year. DESCRIPTION ACCOUNT NO. AMOUNT Engineering Services 41121734-033130 $34,295 RECOMMENDATION: SWDD staff recommends that its Board approve the following: a) Ratify the action by the County Administrator in approving authorization for this work under an interim Purchase Order No. 78006 on July 21, 2017. b) Approve Work Order No. 11 with CDM Smith, Inc. in the amount of $34,295 to provide engineering services related to the Evaluation Monitoring for the C&D Landfill. c) Authorize the Chairman to execute the same, as presented. ATTACHMENT: 1) WorkOrderNo.11 2) FDEP Review June 22, 2017 Letter— Notification to Initiate Evaluation Monitoring @BCL@78053941 Page 2 P6 79 WORK ORDER NUMBER CCNA2014WO11 Evaluation Monitoring for the C&D Debris Landfill in 2017 This Work Order Number 11 is entered into as of this — day of July, 2017, pursuant to that certain Continuing Contract Agreement for Professional Services, dated December 6, 2011, and that certain Extension and Amendment of Continuing Contract Agreement for Professional Services entered into as of this 41h 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 CDM Smith, 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 B (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 C (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: CDM Smith, Inc. By: By-, Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY 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 Brown, County Administrator Dylan T. Reingold, County Attorney P680 EXHIBITA AUTHORIZATION FOR PROFESSIONAL SERVICES INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR EVALUATION MONITORING FOR THE C&D DEBRIS LANDFILL IN 2017 CCNA-2014 WO NO. 11 This Authorization, when executed, shall be incorporated in and become part of the Continuing Contract Agreement for Professional Services between the Indian River County Solid Waste Disposal District (COUNTY), and CDM Smith Inc. (CONSULTANT), dated December 6,2011, and the Extension and Amendment of Continuing Contract Agreement for Professional Services, dated November 4, 2014, hereafter referred to as the Contract. BACKGROUND Evaluation Monitoring Results of routine semi-annual monitoring of groundwater quality at the C&D Debris Landfill in January 2017 indicated that confirmed concentrations of benzene and sodium exceeded the Primary Drinking Water Standard Maximum Contaminant Levels (MCLs) in samples collected from monitor well MW -21. MW -21 is one of the 10 detection monitor wells that comprise the monitoring network for the C&D Debris Landfill. In accordance with Florida Department of Environmental Protection (FDEP) rules and the permit for the facility, the COUNTY reported the exceedances of the MCLs to the FDEP in March 2017. In a letter dated June 22, 2017, FDEP requested that the COUNTY initiate evaluation monitoring in accordance with the requirements of Chapter 62-701.510(6), Florida Administrative Code (F.A.C.). Compliance with the evaluation monitoring requirements include installation of additional monitor wells and implementation of a quarterly monitoring program for the new wells and affected existing wells. Installation of up to two additional monitor wells, quarterly sampling of at least two monitor wells, and preparation of two reports will be performed in 2017 to meet FDEP requirements. SCOPE OF SERVICES CONSULTANT will undertake the annual permit compliance monitoring and reporting, which will include the following tasks: Task 1: Project Quality Management Task 2: Well Installation Task 3: Groundwater Sampling (Quarterly Monitoring) Task4: Reporting TASK 1.0 - PROJECT QUALITY MANAGEMENT Activities performed under this task consist of those generally administrative functions required to assure that the project remains on schedule, within budget, and that the quality of the work products defined within this scope is consistent with CONSULTANT's standards and the COUNTY's expectations. A-1 J12045.doa P681 CONSULTANT will meet with COUNTY staff as necessary for project planning and coordination. Preparation of subcontractor agreements, invoices, and project administration will also be performed under this task. Included in this task are preparation of a health and safety plan, initial telephone conference with COUNTY and FDEP, and submittal of notifications to FDEP of field activities. TASK 2.0 -WELL INSTALLATION CONSULTANT using a subcontracted licensed well driller, will install up to two shallow monitor wells to the east of well MW -21 near the eastern boundary of the facility. The wells will be up to 25 - feet deep and constructed of PVC casing with 10 -feet of screen. Surface completions will include a concrete pad (2 -feet X 2 -inches X 6 -inches) and protective aluminum casings. Drill cuttings and development water will be contained and disposed of at the facility. Locations and measuring point elevations will be surveyed by a licensed surveyor. Well installation will be overseen and documented by an engineer or geologist. Well installation is tentatively scheduled for the week of July 17, 2017. TASK 3.0 - GROUNDWATER SAMPLING (QUARTERLY MONITORING) CONSULTANT, using Ideal Tech Services, Inc. (ITS) as a subcontractor, will perform the initial sampling of up to two new wells and MW -21 and one quarterly sampling event in October 2017 for up to two new wells an MW -21. Initial sampling will be performed concurrently with the routine groundwater monitoring scheduled for late July 2017. CONSULTANT /ITS will coordinate with and deliver samples to COUNTY'S contract analytical laboratory. ENCO will perform the laboratory analysis under COUNTY'S contract. TASK 4.0 - REPORTING CONSULTANT will prepare an initial Evaluation Monitoring Report that will include information regarding the installation of the new well or wells and results of the initial sampling event. An Evaluation Monitoring Report for the second quarterly monitoring event is also included in this task. Draft reports will be submitted to the COUNTY for review and comment. The reports will be finalized and submitted to FDEP after resolution of COUNTY comments. The reports will be letter reports. ASSUMPTIONS m The below Scope of Services is based on regulations and monitoring and reporting requirements as of the authorization date of this Work Order. An amendment to this Work Order may be needed if there are any regulatory changes that result in additional work. m The new groundwater monitor wells are installed prior to the July 2017 routine monitoring event for the facility. m Initial sampling will be performed concurrently with the routine groundwater monitoring scheduled for late July 2017. w Laboratory analysis is not included in this Work Order. FAVA J12045.doa P662 DATA OR ASSISTANCE TO BE PROVIDED BY COUNTY Access to new well sites and MW -2 1. COUNTY to provide protective bollards (if desired) and identification signs after installation. PAYMENT AND COMPENSATION Compensation for the Scope of Services described herein shall be made on the basis of a lump sum fee. The annual lump sum fee for Tasks 1 through 4, inclusive, is $34,295 as shown in Exhibit B. CONSULTANT will invoice the COUNTY on a monthly basis based on percent complete of each task, For invoice purposes only, the value of each task is as shown in the Table 1. Table 1 A-3 JJ2045.d.. P683 TASK VALUE FOR INVOICE PURPOSE TASK DESCRIPTION VALUE 1 Project Quality Management $9,450 2 W01 Installation $8,245 3 Groundwater Sampling (Ouarterly Monitoring) $4,450 4 Reporting $12,150 TOTALWORK ORDER NO. 11 - LUMP SUM $34,295 A-3 JJ2045.d.. P683 EXHIBIT B PROJECT BUDGET INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR EVALUATION MONITORING FOR THE C&D DEBRIS LANDFILL IN 2017 CCNA-2014 WO NO. 11 PROJECT: Evaluation Monitoring for the C&D Debris Landfill in 2017 CONTRACT REFERENCE: Agreement between the Indian River County Board of County Commissioners and CDM Smith Inc. Labor Catego Hours Rate Lo W Senior Officer 6 $220 $1,320 Associate 24 $200 $4,800 Senior Professional 30 $165 Professional 11 62 $130 $8,060 Professional 1 36 $110 $3,960 Staff Support 4 $85 $340 Project Administration 20 $85 $1,700 Total Hours 182 Total Salary Cost $25,130 Other Direct Costs $1,850 Outside Professional Services (Drilling, Surveying, Sampling, etc.) $7,315 TOTAL LUMP SUM FEE For the basic services under this Agreement, COUNTY agrees to pay the Consultant a lump sum fee $34,295. CONSULTANT will submit monthly invoices based on the percent complete for the work performed. WE JJ204S.d.� P684 EXHIBIT C PROJECT SCHEDULE INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT ENGINEERING SERVICES FOR EVALUATION MONITORING FOR THE C&D DEBRIS LANDFILL IN 2017 CCNA-2014 WO NO. 11 The following project schedule has been developed based on receiving authorization on or before July 14, 2017. Task Completion Date Task 1: January 31, 2018 Task 2: July 25, 2017 Task 3: First Quarterly Monitoring Event July 28, 2017 Second Quarterly Monitoring Event October 28, 2017 Task 4: First Quarterly Report September 28, 2017 Second Quarterly Report December 28, 2017 C-1 JJ2045.d.. P6 85 June 22, 2017 Florida Department of Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 Mr. Himanshu Mehta, P.E. Indian River County Solid Waste Disposal District 1325 74 1h Avenue SW Vero Beach, FL,32968 hmehta@ircgov.com Re: Indian River County Landfill WACS Facility Identification Number 19134 First Semiannual 2017 Water Quality Monitoring Report Department Review Letter Indian River County — Solid Waste Dear Mr. Mchta: Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Noah Valenstein Secretary The Florida Department of Environmental Protection (DEP) has reviewed the Semi -Annual Water Quality Monitoring Report for January 2017 (Report) for Indian River County Landfill. The Report, prepared by CDM Smith Inc. for the above -referenced site pursuant to Department Permit No. 0128769-024-SOMM, was dated and received March 30, 2017 respectively. The Department has reviewed the C&D landfill portion of the report and have following comments and recommendation in the attached document. Therefore, in accordance with subsection 62-701.510(6)(a), F.A.C. you are hereby notified to initiate evaluation monitoring in a manner and within the time frames provided for by Department Rule 62- 701.510(6), F.A.C. Department staff look forward to receiving the results of the quarterly ground water monitoring required by this section including the data from any newly installed piezometers. Should you have any questions concerning this matter, please direct all correspondence to me at the letterhead address or via email at ben.fisch@dep.statc.fl.us or contact me by telephone at (561) 68 1 - 6617. Sincerely, Ben Fisch Environmental Specialist Compliance Assurance Program JS/ja/gk/bf P686 TO: Ben Fisch, FDEP Southeast District Office DATE: June 21, 2017 THROUGH: Cory Dilmore, P.E. Environmental Administrator, Solid Waste Section FROM: James Jarmolowski, P.G. Professional Geologist 11, Solid Waste Section FACILITY: Indian River County Construction and Demolition (C&D) Debris Disposal Facility WACS ID # 19134 SUBJECT: Review of Groundwater Quality Information for a Permit Renewal Application for C&D Disposal and Recycling Facility Submitted by Indian River County on May 17, 2017 1. Facility Information: The Indian River County Landfill property covers about 276 acres and includes a Class I disposal area and a 19 -acre C&D disposal facility in the southeast comer of the property. The C&D disposal facility is permitted under a separate permit from the Class I landfill, and is the subject of this review. Other operations and facilities located on the Indian River County Landfill property include a recovered materials transfer facility, a household hazardous waste transfer facility, a yard trash processing operation, and a waste tire site. Z C&D Disposal Facility Information: C&D operations have been conducted for Cell I since between 1993 and 1998. C&D permit No. S031-0128769-021 was issued by the Central District on September 11, 2012. A renewal application was submitted on May 17, 2017, for the continued operation of Cell I of the C&D facility, which indicated that no proposed changes to the operation were proposed, except for the addition of general procedures for closure by mining. A Request for Additional Information was sent by the Department on June 7, 2017, concerning the renewal application submitted on May 17, 2017. In accordance with 62-701.730(6)(a), the C&D disposal facility is an existing facility that was in operation prior to July 1, 2010, and is authorized to continue operation without a liner and leachate collection system. 3. Groundwater Monitoring Network: The groundwater monitoring network consists of five well clusters, with each having shallow and intermediate depth monitoring wells, and have the designations of S for shallow, and I for intermediate. The monitoring wells include MW -17S, MW -171, MW -18S, MW -181, MW -19S, MW -191, MW -20S, MW -201, MW -21S, and MW -21 1. The locations are shown in Figure 1, and the following information is provided for each monitoring well: MW -17S: This is a detection monitoring well, installed adjacent to the west of the C&D disposal facility, and is 22.91 feet deep. MW -171: This detection monitoring well is located adjacent to MW -17S, and is 44.51 feet deep. MW -18S: This is a detection monitoring well, installed on the southwest of the C&D disposal facility, and is 21.34 feet deep. P687 MW -181: This detection monitoring well is located adjacent to MW -18S, and is 36.01 feet deep. MW -19S: This is a compliance monitoring well, installed adjacent to the cast of the C&D disposal facility, and is 23.75 feet deep. MW -191: This compliance monitoring well is located adjacent to MW -19S, and is 42.95 feet deep. MW -20S: This is a compliance monitoring well, installed adjacent to the southeast of the C&D disposal facility, and is 21.04 feet deep. MW -201: This compliance monitoring well is located adjacent to MW -19S, and is 43.13 feet deep. MW -21S: This is a compliance monitoring well, installed adjacent to the northeast of the C&D disposal facility, and is 32.22 feet deep. MW -211: This compliance monitoring well is located adjacent to MW -21S, and is 52.24 feet deep. 4. Groundwater Monitoring Requirements: Groundwater monitoring is required to be conducted semi-annually for MW- I 7S, MW- 171, MW- I 8S, MW -I 81, MW- I 9S, MW- 191, MW - 201, MW -21 S, and MW -21 1, for parameters for C&D disposal facilities specified in 62-730(8)(c). The sampling and reporting activities are included with the results for the Class I landfill. The samples are collected in January and July of each year, for the required parameters associated with C&D disposal facilities. In addition to the semi-annual monitoring activities, the C&D monitoring wells were also sampled on April 7, 2017, for the parameters for C&D disposal facilities. - 5. Site Specific Information: Based on the information contained in multiple reports submitted by the facility, the direction of groundwater flow in the shallow and intermediate zones is generally from the west to the east. The hydraulic gradient between MW -17S and MW -19S is 0.0010. With respect to nearby surface water features, the southwest portion of the facility contains a large stormwaterpond. A canal identified as the C-6 canal is located approximately 100 feet to the south and extends in an east -west direction, and a canal identified as the Lateral canal is located approximately 200 feet to the east, and extends in a north -south direction. Based on the well survey completed for the 2015 renewal application for the Class I landfill, there are multiple water supply wells located off-site to the west within a I mile radius. With respect to groundwater flow velocity, the Technical Report completed by CDM Smith on May 28, 2015, it was indicated that the "horizontal seepage velocity in the shallow zone of the surficial aquifer in the immediate vicinities of the canals is 0.51 foot/day or approximately 15.3 feet per month. It was indicated that the horizontal seepage rate for the "intermediate zone of the surficial aquifer in the immediate vicinities of the canals is 0.11 foot/day or approximately 3.4 feet/month. 6. Review of Benzene Levels Detected in MW -21S Since January 2016: Benzene has been detected in MW -21 S in low concentrations slightly above the Groundwater Cleanup Target Level (GCTL) of 1.0 microgram per liter (ug/L) in concentrations ranging from 1.1 ug/L in January 2016 to 1.5 ug/L detected in January 2017, and is indicative of an increasing trend. Benzene was 2 P688 not detected in MW -21 S above the applicable laboratory detection limit prior to January 2016. The results for MW -21 S and MW -211 are summarized in the following table: Sampling Date Benzene, uglL MW -21S Benzene, uglL MW -211 1/2014 0.71U 0.71U 7/2014 0.71 U 0.71U 1/2015 0.71U 0.71U 7/2015 0.71U 0.71 U 1/2016 1.1 0.71U 7/2016 1.2 0.71U 1/2017 1.5 0.71U 4/2017 1.4 0.71U Notes 1) ug/L Micrograms per liter, U Not detected above applicable laboratory detection limit. 2) The GmundWiaeT cleanup target level (GCTL) for ben7xne is 1.0 ug/L 7. Iron and TDS Monitoring ReNulisfor January 2007, January 2010, January 2015 and January2017. While reviewing the semi-annual monitoring reports and the additional groundwater sampling results completed in April 2017 for the C&D permit renewal application, elevated iron and TDS levels have been reported for the C&D disposal facility and the Class I landfill. These elevated levels have been reported as being historically elevated due to background conditions. However, review of multiple reports indicates that background conditions for landfill with respect to off-site properties have never been established. Summary tables for iron and TDS results obtained in January 2007, January 2010, January 2015 and January 2017 are provided below to illustrate the levels detected and identification of increasing trends for these parameters. Well Number Sampling Date Iron, ug/L TDS, mg/L 17S 1/2007 220 1,800 1/2010 1310 2,200 1/2015 2440 780 1/2017 7340 690 171 1/2007 80 930 1/2010 20,200 970 1/2015 29,700 1,100 L 1/2017 37,100 1,100 'No'e 'm u�l, Micrograms per liter. mg/L - milligrams per liter. r2))l'&hc Groundoater Cleanup Target level (GCTL) for iron is 300 ug/l,, and is 500 mg/L for TDS. i" WellNumber Sampling Date Iron, uglL TDS, mglL 18S 1/2007 41,000 630 1/2010 819 860 1/2015 4,600 690 1/2017 2,960 680 181 1/2007 M 1,100 1/2010 31,600 950 1/2015 38,000 1,100 1/2017 51,200 1,000 19S 1/2007 26,000 1,100 1/2010 16,300 1,100 1/2015 7,720 1,200 1/2017 8,930 1,100 191 1/2007 79 780 1/2010 9,980 760 1/2015 11,100 670 1/2017 11,400 680 20S 1/2007 920 1,100 1/2010 266 1,200 1/2015 47.7 1,100 1/2017 38U 1,000 201 1/2007 17U 760 1/2010 6,390 940 1/2015 5,680 760 1/2017 5,560 710 21S 1/2007 160 600 1/2010 9,830 710 1/2015 14,900 1,200 1/2017 16,120 2,100 211 1/2007 78 560 1/2010 5,120 510 1/2015 5,380 470 1/2017 5,810 490 NoteS ' ) ugfL Micrograms per liter. mg/L - milligrams per liter, 2) U= not detected abo- fficap ble Iii1qon-fyodelection limit� 3) The Groundwater c�l (GC ) r aa'gl�ca P690 8. Review of Iron Monitoring Resultsfor January 2007, January 2010, January 2015 and January 2017. Based on review of monitoring results for iron for January 2007, January 2010, January 2015 and January 2017, the following items are provided: a. Iron was consistently detected above the GCTL of 300 micrograms per liter (ug/L) in almost every monitoring well at the C&D disposal facility. The only monitoring well where iron was not detected consistently above 300 ug/L was MW -20S. b. For the monitoring event in January 2017, the concentrations of iron ranged from less than 38 ug�l_ in MW -20S to 51,200 ug/L in MW- 181. c. Increasing trends of iron are present in MW- I 7S, MW- 171, MW -I 81, MW- 191, MW -21 S, and MW -21 1. Higher concentrations were also observed in intermediate wells MW -I 71, MW- 181, and MW -201 than in the adjacent shallow wells. d. The Technical Report dated May 28, 2015 indicated the elevated concentrations of iron for the C&D disposal facility "vary considerable with time and location" and that "there is little correlation between parameters." 9. Review of TDS Monitoring Resultsfor January 2007, January 2010, January 2015 and January2017. Based on review of monitoring results for TDS for January 2007, January 2010, January 2015 and January 2017, the following items are provided: a. TDS was consistently detected above the GCTL of 500 milligrams per liter (mg/L) in almost every monitoring well at the C&D disposal facility. The only monitoring well where TDS was not detected consistently above 500 mg/L was MW -2 11. b. For the monitoring event in January 2017, the concentrations of TDS ranged from 490 mg/L in MW -2 11 to 2,100 mg/L detected in MW -21 S. c. A decreasing trend is present in MW -I 7S, and no other trends were identified for any other monitoring wells. Higher concentrations were also observed in shallow wells MW- I 9S, 20S, and 21 S, than in the adjacent intermediate wells. d. The Technical Report dated May 28, 2015 indicated the elevated concentrations of TDS for the C&D disposal facility "there is little if any correlation between parameters." It was also indicated that "other parameters such as TDS are generally consistent with respect to time and location. 10. Sodium andAmmonia Monitoring Resultsfor MW -19S, MW -19I, MW -21S, and MW- 21Ifor January 2007, January 2010, January 2015 and January 2017. While reviewing the semi-annual monitoring reports and the additional groundwater sampling results completed in April 2017 for the C&D permit renewal application, elevated ammonia and sodium levels were reported for MW -21 S at C&D disposal facility. The Technical Report completed in May 2015 indicated that "groundwater in the vicinity of the C&D debris landfill is generally stable or perhaps improving with respect to most parameters at most locations with the exception of well MW -21 S." The following summary table is provided for sodium and ammonia for MW -I 9S, MW- 191, MW -21 S, and MW -21 1, to illustrate any increasing trends for these parameters: P691 WellNumber Sampling Date Sodium, mg1L Ammonia, mg1L 19S 1/2007 160 3.5 1/2010 134 8.0 1/2015 164 17.0 1/2017 148 13.0 191 1/2007 98 2.5 1/2010 91.7 1.6 1/2015 74 0.66 1/2017 86 0.56 21S 1/2007 42 0.72 1/2010 89.2 8.3 1/2015 174 12 1/2017 349 21 211 1/2007 62 0.56 1/2010 1 62.4 1 0.63 1/2011 1118 0.63 1 7 /201 55 55.6 0.64 Notes: 1) mg/L=milligramsperliteT. 2) The Groundwater cleanup target level for sodium is 160 mg/L and is 2.8 mg/L for ammonia, 11. Review of Sodium andAmmonia Monitoring Resultsfor January 2007, January 2010, January 2015 and January 2017for MW -19S, MW -191, MW -21S, and MW -21I. Basedon review of monitoring results for sodium and ammonia for January 2007, January 2010, January 2015 and January 2017, the following items are provided: a. An increasing trend for sodium was identified in MW -21S, which increased from 42 mg/L in January 2007, to 349 mg/L in January 2017. The GCTL for sodium is 160 mg/L. b. Increasing trends for ammonia were identified in MW -19S and MW -21S for the interval from January 2007 through January 2017. MW -I 9S detected ammonia at 3.5 mg/L in January 2007, and 13.0 mg/I in January 2017. MW -21 S detected ammonia at 0.72 mg/L in January 2007, and 21 mg/l in January 2017. The GCTL for sodium is 160 mg/L. 12. Recommendations: Based on the above paragraphs, the following recommendations are provided: a. Detection ofBenzene in MW -21S. Based on the detection of benzene in MW -21S from January 2016 to April 2017, it is recommended that evaluation monitoring be initiated pursuant to 62-701.510(6). The evaluation monitoring should provide (but not be limited to) if the benzene exceedance is related to the C&D disposal facility; and a determination if elevated benzene concentrations are present beyond the zone of discharge. P692 b. Recommendation for Evaluation Monitoringfor Iron: Based on the increasing trends of iron observed in detection and compliance wells and the elevated levels of iron observed in the intermediate detection and compliance monitoring wells, evaluation monitoring is recommended pursuant to 62-701.510(6) for iron at the C&D disposal facility. The evaluation monitoring should provide (but not be limited to) a determination of background levels for iron for the C&D disposal facility; if the iron exceedances in the compliance and detection monitoring wells are related to the C&D disposal facility; and a determination if elevated iron concentrations are present beyond the zone of discharge. c. Recommendation for Evaluation Monitoringfor TDS.- Based on the elevated levels of TDS observed in detection and compliance wells, evaluation monitoring is recommended pursuant to 62-701.510(6) for TDS at the C&D disposal facility. The evaluation monitoring should provide (but not be limited to) a determination of background levels for TDS for the C&D disposal facility; if the TDS exceedances in the compliance and detection monitoring wells are related to the C&D disposal facility; and a determination if elevated TDS concentrations are present beyond the zone of discharge. d. Recommendationfor Evaluation Monitoringfor Sodium andAmmonia in MW -19S and MW -21S: Based on the elevated levels of sodium and ammonia in MW -21 S and ammonia in MW -19S, evaluation monitoring is recommended pursuant to 62-701.510(6). Theevaluation monitoring should provide (but not be limited to) a determination of background levels for sodium and ammonia for the MW -1 9S and MW -21 S; if the ammonia and sodium exceedances in MW -1 9S and MW -21 S as applicable are related to the C&D disposal facility; and a determination if elevated sodium and ammonia concentrations are present beyond the zone of discharge. P693 FIGURES P694 Figure I — Site Plan and Monitoring Well Locations 0.'-, Vdh Mdi.nMwrC*UML.nMWawQuA I, Monftod�rLf WT.. M'. C..t, Source: Water Quality Monitoring Event, January 2017 Monitoring Event, prepared by CDM Smith, March 30, 2017 0 P695 Figure 2 — Well Survey Map Source: Class I Landfill Permit Renewal Landfill Application for Indian River County, prepared by Geosyntec Consultants, September 28, 2015 10 P696 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT R BOARD MEMORANDUM / "�'b 3 0 Date: July 31, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Approval of 2017 CPI Adjustment Request by Waste Management On April 21, 2015, the Indian River County Solid Waste Disposal District (SWDD) Board entered into a Franchise Agreement for the Solid Waste and Recyclables Collection Franchise Agreement with Waste Management Inc. of Florida (WMIF) (the "Franchise Agreement"). WMIF started providing services on October 1, 2015. Article 16 of the Franchise Agreement provides for the compensation provision of the services specified in the referenced Exhibit lalongwith a rate adjustment process specified inthereferenced Exhibit 4 of said agreement. On October 4, 2016, the SWDD Board approved the First Amendment to the Franchise Agreement, which updated the rate adjusment process wherein all unit prices remained the same for the first two years, i.e. through September 30, 2017. The natural gas component was removed, and the maximum rate adjustment was set to 3.0%. On May 25, 2017, in accordance with Article 16.1.2. "Rate Adjustment", WMIF submitted an annual rate adjustment request of 1.51% to be effective October 1, 2017. ANALYSIS: Staff has reviewed and verified the approval request by WMIF for a 1.51% increase of the residential and commercial rates as specified in the attached Exhibit 1. In summary, here are the changes: Residential Unit FY2015/16 Rate FY2016/17 Rate Proposed FY2017/18 Rate Change from Prior Year %Change Single Family subscription $9.68 $9.68 $9.93 $0.15 1.51% Single Family Universal $7.73 $7.73 $7.85 $0.12 1.51% Billed Cubic Yard $4.73 $4.73 $4.80 $0.07 1.51% Billed Cart service $9.46 $9.46 $9.60 $0.14 1.51% 1S Yard Open Top Per Pull - $155.00 $155.DO $1S7.34 $2.34 1.51% 20 Yard Open Top Per Pull - $170.00 1 $170.00 $172.57 $2.57 1.s1% 30 Yard Open Top Per Pull - $205.00 $205.00 $208.10 $3.10 1.s1% 40 Yard Open Top Per Pull - $235.00 $235.00 $238.55 $3.55 1.51% Compactor - 20 cubic yards * $245.00 $245.00 $248.71 $3.71 1.51% Compactor - 30 cubic yards * $245.00 $Z45.00 $248.71 $3.71 1.51% Compactor - 40 cubic yards $Z45.00 $245.00 $249.71 $3.71 1.s1% Single Family Recycling $2.55 $2.SS $Z.sg $0.04 1.51% @BCL@6005OE66 Page 1 of 2 P697 Residential Unit FY2015/16 Rate FY2016/17 Rate Proposed FYZ017/18 Rate Change from Prior Year %Change Multi-Farnity Recycling $2.04 $2.04 $2.07 $0.03 1.51% Commercial Compactor $14.19 $14.19 $14.40 $0.21 1.51% Exchange Solid Waste Cart $30.00 $30.DD $30.00 $0.00 0% Additional Solid Waste Cart $60.00 $60.00 $60.00 $0.00 0% Reinstate Service Charge $25.00 $25.00 $25.00 $0.00 0% Includes a container and maintenance fee per month: Increasefrom $100.00 to $101.51 per month (1.5196).. FUNDING: The majority of the services provided in the Franchise Agreement are directly billed to and paid by residential or commercial subscription customers. The exception is the payment for the residential recycling services, which is paid to WMIF by SWIDD. The funding for these services are in the SWDD recycling account under Other Contractual Services, Account No. 41125 , 534-033490, which is funded from SWDD assessments and user fees. For the current 2016/17 fiscal year, WMIF has been paid $1,643,284.26 for the first 9 months and the account has a total budget of $653,863.20 available for the remaining three months of the 2016/2017 fiscal year. The estimated annual cost of the recycling services forthe 2017/2018 fiscal year is estimated at $2,300,000. I Description �::�Account Number Arnoun! I Other Contractual Services 1 41125534-033490 $2,300,0 0 RECOMMENDATION: SWIDD staff recommends that the Board approve the request for a 1.51% rate adjustment by Waste Management, Inc. of Florida and authorize the County Adminstrator to send a letter of approval. ATTACHMENT: 1. Rate Adjustment Letter from Waste Management 2. Updated Exhibit 1 @BCL@6005OE66 Page 2 of 2 P698 wume WASTE MANAGEMENT May 25. 2017 Mr. Jason Brown County Administrator Indian River County 1801 27th Street Vero Beach, FL 32980 --I Dear _:Jr""N Thank you for the opportunity to provide solid waste collection services to Indian River County. In accordance with the contractual agreement granted to Waste Management Inc. of Florida, please accept this notice for the annual rate adjustment to reflect changes in the cost of doing business. Latest data reflected in the Consumer Price Index for Urban Consumers (CPI) serves as the basis for a 1.51 % adjustment. Supporting documentation is included for your reference. The revised pricing structure, effective October 1, 2017, is attached for your review. Should you have any questions, please do not hesitate to contact me at (321) 537-4273 or via email at dreider@wm.com. On behalf of Indian River County's Waste Management employees, thank you for the privilege of serving the residents and businesses of Indian River County. Sincere�y, Le:�H i c �ks Public Affairs Manager cc: Vincent Burks, P.E., Director of utility Services, Indian River County Himanshu Mehits, P.E., Managing Director, IRC SWDD Geoff Golder, Pricing Management, Florida Area Kesey Godwin, District Manager, AIM Vero & Okeechobee Hauling Bob DelaCruz, Operations Manager, WM Vero Hauling Waste Management Inc. of Florida, 4310 71h Street, Vero Beach, FL 32967 www.WM.com im INDIAN RIVER COUNTY EXHIBIT I - COLLECTION SERVICE RATES 10/01/2017 RESIDENTIAL COLLECTION SERVICE One -Time Monthly SUBSCRIPTION SERVICE Exchange Solid Waste Cart Size: Collection (applicable only if SWDD initiates universal collection) Fee/Unit 1x/week in Franchisee - provided Roll Carts; $ 30.00 Additional Solid Waste Cart: Solid Waste: If Resident generates large quantities of SW they may request ONE Additonal Cart; This is a One -Time Charge; There is NO Additonal Charge to Service the Bulk Trash on call $ 60.00 6.90 Yard Trash: ix/week 291 ITotal Subscription Service I $ 7.8S RESIDENTIAL COLLECTION SERVICE One -Time Monthly UNIVERSAL SERVICE IN URBAN SERVICE AREA Exchange Solid Waste Cart Size: Collection (applicable only if SWDD initiates universal collection) Fee/Unit Universal in USA: 1x/week in Franchisee - $ 30.00 Additional Solid Waste Cart: Solid Waste: If Resident generates large quantities of SW they may request ONE Additonal Cart; This is a One -Time Charge; There is NO Additonal Charge to Service the provided Roll Carts; Bulk Trash on call $ 60.00 4.92 Yard Trash: Universal in USA: 1x/week 293 Total Subscription Service I $ 7.8S RESIDENTIAL COLLECTION SERVICE One -Time (ancillary services) Charge Exchange Solid Waste Cart Size: Following the 1st 90 days of service, upon request, custome can exchange cart service at No Charge; After that, any additional solid waste can size exchange will incur a charge $ 30.00 Additional Solid Waste Cart: If Resident generates large quantities of SW they may request ONE Additonal Cart; This is a One -Time Charge; There is NO Additonal Charge to Service the Extra Cart $ 60.00 Additional Recycle Cart: If Resident generates large quantities of REC, they may request an Additonal Cart; There is NO CHARGE to deliver OR service a REC Cart $ - Reinstate Service Charge: Should a Roll Carl be removed from a Residential Customer due to Non Payment, WM may charge to Re -Deliver Carl $ 25.00 8/2/2017 9:33 AM Indian River County CPI October 2017 Page 1 P700 INDIAN RIVER COUNTY EXHIBIT 1 - COLLECTION SERVICE RATES 10/01/2017 COMMERCIAL COLLECTION SERVICE Monthly RESIDENTIAL RECYCLABLES COLLECTION SERVICE Collection Commercial Dumpster Service -includes container and maintenance Fee/Unit Residential . Units: Fee/Cubic Yard $ 4.80 Commercial Cart Service - in Franchisee - provided Roll Cart $ 2.59 Multi -Family Units: Single Stream; ix/week in Franchisee - Fee/Pickup $ 9.60 Commercial Compactor - includes container and maintenance fto Fee/Cubic Yard $ 14.40 Container and Maintenance Fee/Month Fee Pull Open Top Roll -Off - 15 cubic yards $ 101.51 $ 157.34 Open Top Roll -Off - 20 cubic yards $ 101.S1 $ 172.57 Open Top Roll -Off - 30 cubic yards $ 101.51 $ 208.10 Open Top Roll -Off - 40 cubic yards $ 101.51 $ 238.55 Compactor - 20 cubic yards $ 101.51 $ 248.71 Compactor- 30cubicyards $ 101.51 $ 248.71 Compactor-' 40cubicyards $ 101.51 $ 248.71 8/2/2017 9:33 AM Indian River County CPI October 2017 Page 2 P701 Monthly RESIDENTIAL RECYCLABLES COLLECTION SERVICE Collection Fee/Unit Residential . Units: Single Stream; 1x/week in Franchisee - provided Roll Carts $ 2.59 Multi -Family Units: Single Stream; ix/week in Franchisee - L_ provided Roll Carts/Dumpsters $ 2.07.j 8/2/2017 9:33 AM Indian River County CPI October 2017 Page 2 P701 0 m m 0 m m 0 V c c Cc LU a. 'E (L) 0 r �-1 rl-- 1 (" bD c w u x 0 u U z 0 m 19 0 P702 IT oo M IT M CIJ M 0) (D 0 co 0 m 0 w — U) " w " r-. C%4 0) 04 C,4 . . . . C,4 LL M M V CY) 00 IT 00 M v 0 Cl) w IT m (D Lf) > 0 z 0 0 0 0 0 0) f� CO M 00 C-4 LO CO r - CL 0 00 V 0) co . U) 6 0) 6 — 6 0 6 6 m 04 6 . 6 . � . 6 tm B m OR o 't m cc w 0 r 00 v 0) v 0 0) 0 LL. C6 N N N . . . . d) CL m w M m 0 N v 0 W� C-4 M LO Lri (6 < m 0 Cl) 't 0 0 U) LL " m 04 o 0 (D IT U) m c c m E E C� 0 L) < < C-4 21 0 0 w 4) U) 0 cc U) Z r �-1 rl-- 1 (" bD c w u x 0 u U z 0 m 19 0 P702 156q INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT 0 BOARD MEMORANDUM 0 Date: August 4, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Thru: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Stephanie C. Fonvielle, Recycling Education and Marketing Coordinator, SWIDD Subject: Request Approval for Two Paper Shredding Events in Fiscal Year 2017/18 DESCRIPTION:: Since April 2016, SWDD has hosted three largely successful Residential Paper Shredding Events that have collectively diverted over 49,000 lbs of shredded paper from the landfill. The response from local residents has been extremely positive, and each event has shown a substantial increase in attendance: Event Date Turnout (# of vehicles) Amount Recycled (Ibs) April 2, 2016 250 12,600 November 19,2016 450 15,588 April 8, 2017 700 20,829 For Fiscal Year (FY) 2017/18, SWDD staff would like to host two Residential PaperShredding Events, one on November 18, 2017, and one on April 7, 2018. For the past two Paper Shredding Events, SWDD has partnered with a locally owned and operated paper shredding company, Southeast Secure Shredding (SESS). SESS has hosted the events at their paper shredding facility for a duration of 5 hours at no cost to the County. However, as the popularity of the PaperShredding Event increases, SESS determined it was necessaryto provide 8-10 personnel in order to safely and responsibly manage the large number of cars. SESS is available to host the fall and spring papershredding events for FY2017/18 this year; however, they are requesting a payment of $800 per event ($1600 in total) to cover laborcosts. Staff received offers from two other out -of -county vendors: All Points Mobile Shredding and Progressive Document Destruction. Both companies would utilize mobile paper shredding trucks with a total capacity of 33-34,000 lbs and a total cost of $3,420 and $3,600 respectively. SESS would host the event out of their shredding facility, which would provide an overall capacity of 88,000 lbs at a total cost of $1,600: Company Rate # Trucks # Hours Capacity (Ibs) # Events Total C t Southeast Secure Shredding $800/event. - 5 88,000 2 $1,600 All Points Mobile Shredding $190/truck/hour 3 3 34,500 2 $3,420 Progressive Doc. Destruction $200/truck/hour 3 3 33,000 2 $3,666 The commercial plaza where SESS is located can accommodate a queue of approximately 40 cars before overflowing intotheturning lane on US Highway 1. Due to thegrowing popularityof the event, staff has reached outtothe Sheriffs Department who has verbally confirmed that they can regulate traffic flow during the event. In addition to the advertising campaign by SWDD staff, the Sheriffs Department will also promote the event through their radio connections and social media. gBCL@1C06F13E Page —I — P703 Based on SESS's ability to provide the highest capacity at the lowest price and the availability of the Sheriffs Department to facilitate traffic on US Highway 1, staff recommends utilizing SESS to host the fall and spring paper shredding events for FY 2017/18 at their local facility at 3910 US -1 in Vero Beach for a total of $1,600. FUTURE PAPER SHREDDING EVENTS Based on the overwhelmingly positive response from the community and the successful diversion of recyclable paper from the landfill, SWDD staff would like to continue to offer two paper shredding events per fiscal year. Staff has received averbal confirmation from SESSthattheyare interested ina longterm agreement with the county to provide shredding services for two papershredding events perfiscal year. Since SESS operates directly out of their facility, they can offerthe County a much less expensive rate than their out - of -county competitors who haveto factor in the cost of travel. Additionally, the large capacity of SESS's facility would more readily be able to accommodate a rise in material if resident participation continuesto increase. Companiesthat utilize mobile shredding trucks are limited by the number of trucks available and the capacity of each truck. Hosting the events at SESS's facility would also familiarize residents with a local shredding company that could be utilized throughout the year. Based on the competitive rate offered by SESS, the benefits of using a locally based shredding facility and the positive relationship the county has built with SESS over the last year, staff would like to work with the County Attorney's Office to detennine the terms and duration of a long-term agreement. FUNDING: If the FY17/18 budget is approved as requested, funding for the Paper Shredding Event will be available in the SWDD account under Other Contractual Services in the Operating fund. Operating funds are derived from SWDD assessment and user fees. Description Account Number Amount Other Contractual Services 41125534-033490 $1,600 Staff recommends the SWDD Board authorize the sponsorship of two Residential Paper Shredding Events in Fiscal Year 2017/18 utilizing Southeast Secure Shredding for a total cost of $1,600. Staff also recommends that the SWDD Board authorize staff to work with the County Attorney's Office to pursue a mufti -year agreement with Southeast Secure Shredding to host two papershredding events perfiscal year. @BCL@IC06Fl3E Page — 2 — P704 1886 ""VE,� INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM Date: July 31, 2017 To: Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Agreement for Recycling of Batteries DESCRIPTIONS AND CONDITIONS: The Indian River County (IRC) Solid Waste Disposal District (SWDD) provides for the safe disposal/recycling of certain batteries at the IRC Landfill and at the five Customer Convenience Centers (CCC's) for the public. Historically, various vendors have been utilized by SWDD for these services. Staff received a proposal from St. Lucie Battery and Tire offering certain fixed revenues for an exclusive right to collect and recycle automotive, lawn and non -alkaline batteries. ANALYSIS: Currently, Republic Services, through our non -Class I landfill services agreement, collects and transports all of the batteries from the CCC's and brings them to the the IRC Landfill. These are then sorted, packed and then retransported to a local vendor. SWIDD currently receives $5.00 per automotive battery from the local vendor. St. Lucie Battery and Tire is offering for the direct collection of automotive, lawn and non -alkaline batteries directly from each of the CCC's and the IRC Landfill. In addition, they are offering $5.50 per automotive battery and $3.00 per each lawn motor battery. St. Lucie Battery has agreed to hold these prices fixed for the next two years. The attached agreement formalizes the services and includes a 30 -day provision for termination by either party. FUNDING: Forthe current 2016/2017 fiscal year, we have received $1,470 in revenues for batteries for the first 9 months. We project $2,200 in revenues from batteries for the 2017/2018 fiscal year. No funding is required for these services as there is a revenue potential, not a direct expense to SWDD. RECOMMENDATION: SWDD staff recommends that the Board review and approve the agreement for recycling of batteries, and authorize the Chairman to sign on their behalf, once the agreement is reviewed and approved as to form and legal sufficiency by the County Attorney, and the necessary insurance requirements submitted to the Purchasing Department. ATTACHMENT(s): 1. Agreement with St. Lucie Battery and Tire 2. Proposal from St. Lucie Battery and Tire 3. Letter of Signatory Authorization @BCL@70055BA6 Page I of I P705 Agreement for Recycling of Batteries THIS AGREEMENT made and entered into this day of 20� by and between Indian River County Solid Waste Disposal District (SWDD), a dependent special district of Indian River County, Florida, a political subdivision of the State of Florida, whose address is c/o Indian River County Utilities Department, 1801 271h St. Vero Beach, FL and St. Lucie Battery & Tire (Vendor) whose address is 5500 Orange Avenue, Fort Pierce, FL 34947. WITNESSED: That whereas, the SWDD and the Vendor agree as set forth below: 1. BASIC AGREEMENT It is hereby agreed that Vendor is granted the exclusive right to collect and recycle automotive batteries, lawn batteries and smaller non -alkaline batteries received by SWDD from the public at the Indian River County Landfill and at any of the five Customer Convenience Centers (Fellsmere, Roseland, Winter Beach, Gifford and Oslo). 2. PAYMENT TO COUNTY As set forth in their proposal, and indicated on monthly itemized collection report which will be submitted to the SWDD no later than the fifth day of each calendar month, Vendor will provide the following compensation to the SWDD in return for the ability to have this exclusive service: $5.50 per automotive batteries / $3.00 per lawn battery and / $0.00 for all non -alkaline batteries The Vendor has agreed to provide the above prices on a guaranteed basis for the next two (2) years. Thereafter, the Vendor and SWDD shall negotiate adjustment to the above prices and update this agreement, as needed. 3. TERM OF AGREEMENT This Agreement shall be in effect for a term of twelve (12) months starting on September 1, 2017. The SWDD retains the right to automatically renew this Agreement with the consent of Vendor, under the same terms and conditions, for two additional twelve (12) month terms. Additional terms and/or services may be added to this Agreement upon satisfactory negotiation of terms between the SWDD and Vendor. Vendor must receive written notification from the SWDD to cancel no less than 60 days prior to the end of the initial term. 4. TERMINATION The parties agree that this agreement may be cancelled by either party with 30 days written notice. S. LIABILITY INSURANCE AND INDEMNIFICATION Vendor shall name the SWDD as an additional insured party under its commercial general liability insurance policy and supply the SWDD with proof of insurance. Vendor shall indemnify and hold harmless the SWDD from all suits, actions or claims including reasonable attorney's fees, of any character brought on account of any injuries or damages received or sustained by any person, persons, or property by or from the use of the machine or by or in consequence of any liability losses, misconduct or negligent act or omission of Vendor its agents or employees in connection with the operation of the machine. 6. ASSIGNMENT OF AGREEMENT Assignment of this agreement is not allowed. P706 7. VENUE This agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida, or in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. S. FACITLITY SERVICE LOCATIONS AND HOURS OF OPERATIONS The Vendor shall provide collection of batteries at the following locations: Indian River County Landfill 1325 70 Ave SW Vero Beach, FL 32963 Open 7:00 am — 5:00 pm daily and closed on New Year's Day, July 4th, Labor Day, Thanksgiving Day, and Christmas Day. Roseland Customer Convenience Center 7860 130th St Roseland, FIL 32958 Closed Tuesday and Wednesday Winter Beach Customer Convenience Center 3955 65th St Vero Beach, FL 32967 Closed Tuesday and Wednesday Gifford Customer Convenience Center 4901 41st St Vero Beach, FL 32967 Closed Tuesday and Wednesday Oslo Customer Convenience Center 950 Ist PI Vero Beach, FL 32962 Closed Wednesday and Thursday Fellsmere Customer Convenience Center 12510 County Road 512 Fellsmere, FL 32948 Closed Wednesday and Thursday Open 7:00 am - 6:00 pm. All Centers are closed on Wednesday, New Year's Day, July 4th, Labor Day, Thanksgiving Day, and Christmas Day. 9. COLLECTION PROCEDURES The Vendor shall provide collection of automotive, lawn and non -alkaline batteries from the above locations during the 3rd week of each month during normal business hours; however, shall provide additional pick-up at no cost to the SWDD if needed. The Vendor shall provide a written receipt of the total battery count at each pick-up location. This information shall be summarized in a monthly report along with a payment for the batteries. The payment shall be made out to "Indian River County SWDD". P707 IN WITNESS WHEREOF, the undersigned duly authorized representatives of the parties have executed this Agreement. VENDOR IN WITNESS WHEREOF, the parties have executed by their respective duly authorized officers as of the day and year first written above. Attest: Jeffrey R. Smith, Clerk of C ourt and Comptroller By: Deputy Clerk Date Approved by SWDD: Approved By: By Owner: Solid Waste Disposal District Indian River County, Florida Approved as to Form and Legal Sufficiency By: Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney Signed, sealed, and delivered in the presence By Vendor: St. Lucie Battery & Tire of: Print Name: 01.-C 11 Ot -T F ro S -U Print 144�. i2 all, (Z C�A e, Print Title: S+Ore- AaAYJC r Print Name: �)4A I 1 /5 P708 AM 5560 ORANGE AVENUE - FORT PIERCE. FLORIDA 34947 - TELEPHONE 772-461-1746 Indian River County Solid Waste Disposal District June 19, 2017 Re: Purchase of,Batteries Valerie Lemons, Thank you for considering our battery program. We are offering to pick up all automotive batteries as cores and pay Indian River County $5.50 per battery. Lawn Mower batteries would be paid at $3 per battery. Any smaller batteries will be picked up free of charge. We pick up our other landfill contracts monthly and could also do so for you. Our plan would be to pick up batteries from your locations during the 3rd week of each month but can also adjust as needed for your convenience. If more often is needed based upon what you have that could also be accommodated. We would pick up directly from each of your Customer Convenience Centers (Felismere, Roseland, Winter Beach, Gifford, and Oslo) and also pick up directly from your county landfill. At each location a handwritten receipt would be issued with my driven signature and someone from the county's signature veri�ing the battery count that was picked up. Once all batteries are picked up and total number calculated we issue a check by mail monthly. If you have my questions or concerns please feel free to contact me at your convenience. Thanks, James Farley Store Manager St. Lucie Battery & Tire 5500 Orange Ave Ft. Pierce, FL 34947 772-461-1746 jfarlcy@slbt.com STUART PORT ST. LUCIE OKEECHOBEE DOWNTOWN PALM CITY VERO BEACH (772) 8 7 2 - 7 37 5 (772) 466-1814 (863) 357 - 24 31 (77 2) 4 89-3 9.77 (772) 219 -0100 (77 2) 569-7 629 P709 5500 ORANGEAVE. - FORT PIERCE, FL 34947 TELEPHONE 1-800-432-1064 WWW.SLBT-COM A ug"st 9, 2 017 india4'V IZ I�Ve�r COUAty S&U& Wa4te1f)i4polalM4tKct T'o- Whom It May Concpryv* Th&k Lettee fk to- �i�*vyou/ thatja~ Fa*iey &k a4il a,4th4orqe& represe4,ttatvecfSt-LuzCp,'Batt-e*y&,-r�t-eI J4e1ha-kdle1 authcrity tv, 9#yv aeree*wnt-k that bin& St Luci& Batt-e*y &r Twel 0�0� Lo� t-erml ao4,-ee*wwU-k a*ui, oo�owtk (�. Daugtak m aie4- Pr"Ldent P710