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10/03/2017
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, OCTOBER 3, 2017 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Joseph E. Flescher, Chairman, District 2 Peter D. O'Bryan, Vice Chairman, District 4 Susan Adams, District 1 Bob Solari, District 5 Tim Zorc, District 3 Jason E. Brown, County Administrator Dylan Reingold, County Attorney Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS 2.B. INVOCATION Deputy Teddy Floyd, Indian River County Sheriff Department 3. PLEDGE OF ALLEGIANCE Dylan Reingold, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Designating the Month of September, 2017 as Hunger Action Month Attachments: Proclamation 5.B. Presentation of Proclamation Designating the Month of October, 2017 as National Arts and Humanities Month Attachments: Proclamation 5.C. Presentation Thanking Commission for Supporting Gifford Youth Achievement Center by Freddie Woolfork, Director of Public Relations & Facilities Operations 5.D. Presentation on "Real Men Wear Pink" by Commissioner Peter O'Bryan October 3, 2017 Page 1 of 8 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Florida Public Service Commission Consummating Order No. PSC -2017 -0351 -CO -EQ In re: Petition for approval of amended standard offer contract and amended interconnection agreement, by Duke Energy Florida, LLC. On File in the Clerk to the Board's Office. 7.B. Florida Public Service Commission Order No. PSC -2017 -0359 -PAA -E1 In re: Petition for approval of a new depreciation class and rate for energy storage equipment, by Florida Power & Light Company is On File in the Clerk to the Board Office. 7.C. Update on All Aboard FloridalVero Electric Expenses Attachments: Staff Report All Aboard FL Expenses FP&L-Vero Beach-FMPA expenses 7.D. Indian River County Venue Event Calendar Review Attachments: Staff Report 7.E. State of Florida Special Olympic Aquatic Championships Attachments: Staff Report 2017 State Swimming- Fact Sheet 8. CONSENT AGENDA 8.A. Checks and Electronic Payments September 1, 2017 to September 14, 2017 Attachments: Finance Department Staff Report 8.B. Checks and Electronic Payments September 15, 2017 to September 21, 2017 Attachments: Finance Department Staff Report 8.C. Wild Turkey Sand Mine - Fourth Phase: Cash Deposit and Escrow Agreements for Compliance and Restoration Attachments: Staff Report Compliance - Cash Deposit and Escrow Agreement Restoration - Cash Deposit and Escrow Agreement October 3, 2017 Page 2 of 8 8.D. Change Order No. 1, Final Payment and Release of Retainage IRC Go -Line Transfer Hub IRC Project No. 1330, Bid No. 2016019 Attachments: Staff Report Barth Construction, Inc. Pay Application No. 9 Change Order No. 1 Description of Itemized Changes 8.E. Approval of Renewal of a Class "E" Certificate of Public Convenience and Necessity for The ARC of Indian River County, Inc. to Provide Wheelchair Services Attachments: Staff Report ARC Renewal Application COPCN Certificate 8.F. Approval of Renewal for a Class "B" and "E" Certificate of Public Convenience and Necessity for We Care of the Treasure Coast Inc. to Provide Wheelchair/Stretcher Services Attachments: Staff Report We Care of the Treasure Coast Renewal Application COPCN Certificate 8.G. Right -of -Way Acquisition - 66th Avenue Widening Project Owner: SBA Towers III LLC - 6590 65th Street, Vero Beach, FL 32967 Attachments: Staff Report Purchase Agreement Temporary Construction Easement 8.H. Indian River County Shooting Range Hunter Education Classroom Change Order No. 1 (Final), Final Payment and Release of Retainage Attachments: Staff Report Contractor's Application for Payment No. 5 Change Order No. 1 Final 8.I. Approval of a 2017 House Appropriations Grant and a Fiscal Year 2017 TMDL Water Quality Restoration Grant for Osprey Acres Floway and Nature Preserve Attachments: Staff Report Osprey Acres Grants Agreement 8.J. Approval of State Sovereignty Submerged Lands Lease Renewal for the Jones's Pier Dock Facility Attachments: Staff report Submerged lands lease renewal October 3, 2017 Page 3 of 8 8.K. Division of Library and Information Services State Aid Application/Agreement Attachments: Staff Report State Aid To Libraries Grant Agreement Grant Form Library State Aid Application 8.L. Library Services Request for Consideration to Update Circulation Limits Attachments: Staff Report IRC Library Loan Rules - Circulation Matters IRC Library Sys Procedures proposed revised Circulation Matters Pages 9-10 only 8.M. Forest Park Water Main Extension: Approval of Blue Goose Construction Work Authorization No. 2017-008 Attachments: Staff Report FDEP In -Kind Approval Letter BGC Work Authorization No 2017-008 Cost Estimate - Labor and Material Exhibit - Proposed Water Main 8.N. Collier Creek Estates Subdivision (Utility Phases 1, la, lb, and 2) and Harbor Point Subdivision (Utility Phase 3) Petition Water Assessment Project - Bidding Status: Bid No. 2017-067 Attachments: Staff Report Sample Agreement 8.0. Miscellaneous Budget Amendment 024 Attachments: Staff Report Resolution Exhibit "A" BA 024 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS October 3, 2017 Page 4 of 8 10.A.1. Consideration of a Proposed Land Development Regulation Amendment to Chapter 904 (Nonconformities) (Legislative) Attachments: Staff Report July 11, 2017 BCC Staff Report July 11, 2017 BCC Minutes August 24, 2017 Draft PZC Minutes 911.07 Excerpts Proposed Ordinance B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Reza Torkaman Regarding Utility Policy on tenant non-payment Attachments: Request to Speak Form 10.B.2. Request to Speak from Ardra Rigby and Bill Rigby Regarding the Demolition of the Property at 6345 85th Street Attachments: Request to Speak Form C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. Collective Bargaining Agreement Between Indian River County Firefighter/Paramedic Association IAFF Local 2201 - FY2017/18 General Wage Increase Attachments: Staff Report First Amendment to CBA Exhibit A 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1. Consideration of ACS Financial, LLC's Request For a Local Jobs Grant (File #2-2017) Attachments: Staff Report Tax resolutions services offered by Company Jobs Grant Application (on file in Planning Division) Draft Jobs Grant Agreement Portion of Draft September 19, 2017 EDC Meeting Minutes B. Emergency Services C. General Services October 3, 2017 Page 5 of 8 12.C.1. Library Services Request for Consideration to run a Fine Amnesty Campaign October 17 - 31, 2017 Attachments: Staff Report 1. Human Services 2. Sandridge Golf Club 3. Recreation -- 12.C.3.a. Approval for the Aquatic Center Geo -Thermal System Repair Attachments: Staff Report Symbiont Service Corp Quote Symbiont Service Corp Sole Source Letter D. Human Resources E. Office of Management and Budget F. Public Works 12.F.1. Designation of Securitas Electronic Security Inc., as Sole Source Provider for the Security Access Control System for the Indian River County Courthouse Attachments: Staff Report G. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Permission to Advertise Amending Indian River Code Chapter 201, Stormwater Discharge Attachments: Staff Report 14. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Peter D. O'Bryan, Vice Chairman 14.B.1. Request Board Discussion on the Issue of Unmaintained County Roads Attachments: Commissioner's Memorandum 14.B.2. Request Board to Approve Resolution Supporting the $14.8 Million Capital Outlay Request of Indian River State College for the Treasure Coast Advanced Manufacturing Center Attachments: Commissioner's Memorandum Resolution to approve IRSC capital outlay request 14.B.3. Attendance at October 10th Board of County Commissioners Meeting Attachments: Commissioner's Memorandum October 3, 2017 Page 6 of 8 C. Commissioner Susan Adams D. Commissioner Bob Solari E. Commissioner Tim Zorc 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of Minutes of July 11, 2017 15.B.2. Final Pay for CDM Smith CCNA 2014 Work Order No. 10 - C & D Debris Landfill Permit Renewal Attachments: Staff Report CDM Smith Project Completion Report & Final Invoice 15.B.3. IRC Landfill Amendment No. 1 to Work Order No. 1 to CDM Smith, Inc. Attachments: Staff Report IRC Landfill Amendment No 1 to Work Order No 1 C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. October 3, 2017 Page 7 of 8 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. October 3, 2017 Page 8 of 8 PROCLAMATION DESIGNATING THE MONTH OF SEPTEMBER, 2017 AS Hunger Action Month WHEREAS, hunger and poverty remain issues of grave concern in the United States, the State of Florida, the Treasure Coast, and Indian River County; and WHEREAS, Indian River County is committed to taking steps to raise awareness about the need to combat hunger in every part of our County and to provide additional resources that the citizens of Indian River County need; and WHEREAS, Indian River County is committed to working with the Treasure Coast Food Bank in mobilizing people about the role and importance of food banks and hunger relief organizations in addressing hunger and bringing attention to the need to devote more resources and attention to hunger issues; and, WHEREAS, food banks and hunger relief organizations across the country, including the Treasure Coast Food Bank, will participate in Hunger Action Day on September 14th and will host numerous events throughout the month of September to shed light on this important issue. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of September, 2017, be designated as Hunger Action Month in Indian River County and the Board encourages all citizens to be involved in efforts to end hunger in our community. Adopted this 12th day of September, 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 Z -71 tu es 3 a) ‘<tn j _4, c aOCDL0 0 O0 • fu ...•0 u) (1) 0 01:o N ---• c -rt 1_4 ", C an ;:i: Ci2 C `5 co ci) 0 0 q 17. 1-2, 0 a Q N 0 CX J ca a m Qo F G) y b Q � a yQ. 88 V N a 0 j 5 m 0 a. co w j a Q O 3• a a J z a a m N O Q CD O j –I m 3 - iv 2. 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H.O.P.E. - Healthy Options Program for the Elderly • ■ ■ cn rn Z 0 70 n T 70 -:3 p I 61 n D o Cn 0_ c rD 3 T 0 0 Q 0 W CU 0) 3 A211NVd 13d VJVHE02id A2l1NVd 4003 31180W . . . slealy saplued pooj pasr loops z'wed W JSoJd pedpee NOIlI2I1f1N CIIHJ En m m v T.t-1D 3311321 2131SVSIG SNAP - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM HJd3111f10 N0111211fN'8 H11V3H HJVRI1f10 31iV3 318VGHOddV (-) • (D D : ST 6 o rt) �-0 o rD < ' fD z 0- v f • c 0_ - -h o m 3 u1: • o o N o 5 m (D -h N CD o 0 0_ Your Plate and Whole Child Connection are TCFB's direct client N]H.LON]}I.LS 14 ,11141 00 -CD a3 a) Fr) Et; ‘" = (1) (1)0 CD 0- (/) 5. 5: 5 5 a) CO 0 0 -a 3 -o 3 0c CD (D (r) 0 — —h 0 0- 5' (D (D a: c1- -50) (D NJ LTI 3 -o —h —h (D 5 c -h 3 a) CD —h •••JeaA leinOneu! sm UI P142- C Q m u,(71 a -a 0 Q 4 0 C i,i 0 c z �-t t!) aSIWOJd anti pedwi anp o Q. - w cn sQg m' cn z CD =•o•.. ▪ 6- a) Qn � v = c FL)_ CD g o8o O <•ci--, CD g X114 .1%;‘,4:S' PROCLAMATION DESIGNATING THE MONTH OF OCTOBER, 2017, AS NATIONAL ARTS AND HUMANITIES MONTH WHEREAS, the month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations, communities, and states across the country, as well as by the White House and Congress for over 30 years; and WHEREAS, the arts and humanities embody much of the accumulated wisdom, intellect, and imagination of humankind; and WHEREAS, the arts and humanities play a unique role in the lives of our families, our communities, and our country; and WHEREAS, the nonprofit arts industry also strengthens our economy by generating $135 billion in total economic activity annually, $22.3 billion in government revenue, and by supporting the full-time equivalent of 4.1 million jobs. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA that the month of October, 2017, be designated as NATIONAL ARTS AND HUMANITIES MONTH in Indian River County and that we call upon our citizens to celebrate and promote the arts and culture in our nation and to specifically encourage the greater participation by those said citizens in taking action for the arts and humanities in our community. Adopted this 3rd day of October, 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 T2-1 r',371:; 7 • T. 2-3 2-L1- rs T. 7.-Lp P--' f`-8 AD n CD C CD P+ cA O UG UQ O + O FILED 9/18/2017 DOCUMENT NO. 07700-2017 FPSC - COMMISSION CLERK BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION In re: Petition for approval of amended standard offer contract and amended interconnection agreement, by Duke Energy Florida, LLC. BY THE COMMISSION: Ole tb 174K DOCKET NO. 20170072 -EQ ORDER NO. PSC -2017 -0351 -CO -EQ ISSUED: September 18, 2017 CONSUMMATING ORDER By Order No. PSC -2017 -0336 -PAA -EQ, issued August 24, 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 -2017 -0336 - PAA -EQ has become effective and final. It is further ORDERED that this docket shall be closed. By ORDER of the Florida Public Service Commission this 18th day of September, 2017. \C\J HONG ANG Chief Deputy 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 atthe time of issuance and, if applicable, interested persons. SAC 71 ORDER NO. PSC -2017 -0351 -CO -EQ DOCKET NO. 20170072 -EQ 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. • • • iFILED 9/20/2017 'DOCUMENT NO. 07784-2017 'FPSC - COMMISSION CLERK I e, 117-1009 BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION 1�/ .5 In re: Petition for approval of a new depreciation class and rate for energy storage equipment, by Florida Power & Light Company. DOCKET NO. 20170097 -EI ORDER NO. PSC -2017 -0359 -PAA -EI ISSUED: September 20, 2017 The following Commissioners participated in the disposition of this matter: JULIE 1. BROWN, Chairman ART GRAHAM RONALD A. BRISE DONALD J. POLMANN NOTICE OF PROPOSED AGENCY ACTION ORDER APPROVING FLORIDA POWER & LIGHT COMPANY'S DEPRECIATION CLASS AND RATE FOR ENERGY STORAGE EQUIPMENT BY THE COMMISSION: NOTICE is hereby given by the Florida Public Service 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.). BACKGROUND On May 1, 2017, Florida Power & Light Company (FPL or Company) fled a request for approval of a new depreciation classification and depreciation rate for the accounting of its energy storage equipment. The Company's request, in accordance with Rule 25-6.0436(3)(b), F.A.C., requires that: "[u]pon establishing a new account or subaccount classification, each utility shall request Commission approval of a depreciation rate for the new plant category." Pursuant to Rule 25-6.0436(3)(a), F.A.C., electric utilities are required to maintain depreciation rates and accumulated depreciation reserves in accounts or subaccounts in accordance with the Uniform System of Accounts for Public Utilities and Licensees, as found in the Code of Federal Regulations, which is incorporated by reference in Rule 25-6.014(1), F.A.C. In December 2016, the Company received our authorization to implement a 50 megawatt (MW) battery storage pilot program (Battery Storage Pilot).2 This authorization is pursuant to the terms of the Company's Stipulation and Settlement Agreement (2016 Settlement) which Code of Federal Regulations, Title 18, Subchapter C, Part 101, for Major Utilities, as revised April 1, 2013. 2 Order No. PSC -16 -0560 -AS -EI, issued December 15, 2016, in Docket No. 160021 -EI, In re: Petition for rate increase by Florida Power & Light Company; Docket No. 160061 -EI, In re: Petition for approval of 2016-2018 storm hardening plan, by Florida Power & Light Company; Docket No. 160062 -EI, In re: 2016 depreciation and dismantlement study by Florida Power & Light Company; and Docket No. 160088 -EI, In re: Petition for limited proceeding to modify and continue incentive mechanism, by Florida Power & Light Company. '1.2.12 ORDER NO. PSC -2017 -0359 -PAA -EI DOCKET NO. 20170097 -EI • PAGE 2 resolved all issues in FPL's 2016 rate case and associated dockets.3 Currently, the Company does not specifically classify nor have an authorized depreciation rate for the types of equipment required to effectuate its planned Battery Storage Pilot or any other energy storage endeavors. We have not received any public comments on this matter. We have jurisdiction in this matter pursuant to Sections 366.04, 366.05, and 366.06, Florida Statutes (F.S.). DECISION As outlined in its petition, FPL does not currently maintain a stand-alone classification, nor does it have a specifically -authorized depreciation rate, for investments related to energy storage. The Company is requesting authorization to record and depreciate energy storage - related investments by plant function in Federal Energy Regulatory Commission (FERC) Accounts; 348 - Energy Storage Equipment — Production, 351 - Energy Storage Equipment — Transmission, and 363 - Energy Storage Equipment — Distribution. These accounts were originally established by the FERC in 2013, by Order No. 784, with the primary purpose of accounting for energy storage investments based on how specific assets are used in providing electric service.4 Requested Depreciation Parameters The Company has requested approval of a 10 -year average service life (ASL), and a zero percent net salvage level (NS), for depreciating its energy storage equipment. An annual depreciation rate of 10 percent is computed by using these parameters.' •Industry -wide depreciation data and regulatory guidance regarding energy storage equipment is limited. However, through data request responses, FPL provided documentation detailing regulatory approvals of ASL and NS values similar to its proposals that are applicable to other electric utilities operating in the United States; namely, Consolidated Edison of New York (ConEd) and Pacific Gas & Electric (PG&E).6 With respect to the ConEd decision, the New York Public Service Commission authorized an ASL of either 10 or 15 years (depending on the specific project), and a zero percent NS level. The California Public Utilities Commission authorized an ASL of 15 years, and a zero percent NS level applicable to PG&E's energy storage equipment.8 • 3 Id. 4 U.S. Federal Energy Regulatory Commission, Order No. 784, issued July 18, 2013, in Docket Nos. RM11-24-000 and AD10-13-000, In re: Third -Party Provision of Ancillary Services: Accounting and Financial Reporting for New Electric Storage Technologies. 5 Rule 25-6.0436(1)(e), F.A.C., and Rule 25-6.0436(1)(m), F.A.C., specify the Commission's depreciation rate formulae and methodologies. 6 See FPL's Responses to Staff's First Data Request, No. 8, and Staff's First Request for Production of Documents, No. 1. 7 State of New York Public Service Commission, Order Approving Electric and Gas Rate Plans, issued January 25, 2017, CASE 16-E-0060, In re: Proceeding on Motion of the Commission as to the Rates, Charges, Rules and Regulations of Consolidated Edison Company of New York, Inc. for Electric Service. 8 Public Utilities Commission of the State of California, Decision 17-05-013, issued May 11, 2017, Application 15- 09-001, In re: Application of Pacific Gas and Electric Company for Authority, Among Other Things, to Increase Rates and Charges for Electric and Gas Service Effective on January 1, 2017 (U39M). T. 2-i3 • • ORDER NO. PSC -2017 -0359 -PAA -EI DOCKET NO. 20170097 -El PAGE 3 Further supporting its request, FPL held consultations with its engineering subject matter experts, as well as energy storage equipment manufacturers, to arrive at the proposed 10 -year ASL and zero percent NS level. FPL contends its proposal is reasonable given the newness of the technology and an industry -wide lack of available retirement and salvage data. Given the fact that utility -scale energy storage equipment/technology is in its infancy phase of development and application, we find that an ASL at the bottom -end of a 10- to 15 -year range represents a measured and reasonable approach in life estimation. Further, we will have future opportunities to evaluate FPL's depreciation data associated with useful lives and net salvage levels and order modifications as appropriate.9 We also find that the Company's account classifications outlined in its petition, to which any newly -established depreciation rate would apply, comport with recent accounting guidance from the FERC. Further, any depreciation rate we approve here will initially only be used for accounting purposes and will have no impact on base rates during the term of the Company's 2016 Settlement Agreement.10 For the reasons outlined above, we hereby approve an annual depreciation rate of 10 percent, applicable to FPL's newly -established Account 348 - Energy Storage Equipment — Production, Account 351 - Energy Storage Equipment — Transmission, and Account 363 - Energy Storage Equipment — Distribution. FPL has also requested authorization to transfer of certain investment and corresponding reserve amounts related to energy storage equipment presently on FPL's books.11 These investments, which are listed in Table 1 below, are FPL's Community Storage facilities, Florida Bay Everglades National Park facilities, Miami Open Tennis Stadium facilities, and South West facilities. These assets are currently recorded in FERC Account 362 — Station Equipment, and are being depreciated at the authorized rate of 1.9 percent for that account.12 The energy storage equipment listed in Table 1 was deployed as part of the Company's participation in the "White House Summit on Scaling Renewable Energy and Storage." The Summit, which was held in 2016, was essentially for the purpose of exchanging ideas and exploring ways to "scale -up" and/or "grid -scale" energy storage technologies. We previously reviewed a portion of these energy storage investments in FPL's last rate case, Docket No. 160021 -EI, In re: Petition for rate increase by Florida Power & Light Company.13 FPL's methodology for determining its proposed plant investment apportionments from Account 362 - Station Equipment to Account 348 - Energy Storage Equipment — Production and Account 363 - Energy Storage Equipment — Distribution, focused on how the assets were utilized on the Company's system. Specifically, if the asset is used for peak shaving, it's classified as a production investment and recorded to account 348. If an asset is used for frequency response, 9 Rule 25-6.0436(4)(a), F.A.C., requires investor-owned electric companies to file a depreciation study for Commission review at least once every four years from submission of the previous study and/or pursuant to Commission order. 10 Pursuant to the terms of the 2016 Settlement Agreement, approved by Order No. PSC -16 -0560 -AS -EI, ¶ 18, FPL: "will pursue cost recovery for the Battery Storage Pilot in its next general base rate case ...". 11 Rule 25-6.0436(2)(b), F.A.C., requires that: "[n]o utility shall reallocate accumulated depreciation reserves among any primary accounts and sub -accounts without prior Commission approval." 12 Order No. PSC -16 -0560 -AS -EI. 13 See Docket No. 160021 -EI, Staff's Thirty -Second Set of Interrogatories, No. 403 (Hearing Exhibit 429). 2.- 14 ORDER NO. PSC -2017 -0359 -PAA -EI DOCKET NO. 20170097 -El • PAGE 4 it's classified as a transmission investment and recorded to account 351. Assets that provide reliable energy back up can be classified as a distribution investment and recorded to account 363. If an asset serves roles across multiple functions, it is allocated on a percentage basis (by usage) accordingly. Table 1 below shows the total amount of energy storage equipment investments, as well as the associated depreciation reserves, FPL currently has recorded on its books. • • Table 1 Account 362 - Station Equipment Energy Storage Assets Plant Investment (as of April 2017) Depreciation Reserve (as of April 2017) Community Storage Facilities $500,254 $3,326 Florida Bay Everglades N. P. $3,435,123 $25,477 Miami Open Tennis Stadium $963,598 $3,814 South West $6,080,404 $97,793 Total* $10,979,379 $130,411 Source: FPL's Response to Staff's First Data Request, No. 5 - Supplemental *May not add due to rounding Tables 2 and 3 detail the apportionment of investments being requested for transfer from Account 362 - Station Equipment (Table 1) to Account 348 - Energy Storage Equipment — Production (Table 2) and Account 363 - Energy Storage Equipment — Distribution (Table 3). Table 2 Account 348 - Ener av Storage Equipment — Production Energy Storage Assets Plant Investment (as of April 2017) Depreciation Reserve (as of April 2017) Community Storage Facilities $250,127 $1,663 Florida Bay Everglades N. P. $1,717,562 $12,739 South West $5,472,364 $88,014 Total* $7,440,053 $102,415 Source: FPL's Response to Staff's First Data Request, No. 5 - Supplemental *May not add due to rounding Table 3 Account 363 - Ener gv Storage Eauinment — Distribution Energy Storage Assets Plant Investment Depreciation Reserve (as of April 2017) (as of April 2017) Community Storage Facilities $250,127 $1,663 Florida Bay Everglades N. P. $1,717,562 $12,739 Miami Open Tennis Stadium $963,598 $3,814 South West $608,040 $9,779 Total* $3,539,327 $27,995 Source: FPL's Response to Staff's First Data Request, No. 5 - Supplemental *May not add due to rounding I 7.- IS ORDER NO. PSC -2017 -0359 -PAA -EI DOCKET NO. 20170097 -EI • PAGE 5 Based upon our decision to establish an annual depreciation rate of 10 percent applicable to Account 348 - Energy Storage Equipment — Production, Account 351 - Energy Storage Equipment — Transmission, and Account 363 - Energy Storage Equipment — Distribution as discussed above, we find that the transfer of plant and reserve balances associated with energy storage equipment is also appropriate. These transfers will assist in ensuring that costs are assigned appropriately to the function for which the equipment is being used, as well as further refining cost recovery to the useful life patterns of the three energy storage (equipment) property groups. • • We further find that book transfers from Account 362 - Station Equipment to Account 348 - Energy Storage Equipment — Production and Account 363 - Energy Storage Equipment — Distribution in the aggregate amounts detailed in Tables 2 and 3 shall be made. The effective date of this new depreciation rate for FPL's energy storage equipment, applicable to Accounts 348 - Energy Storage Equipment — Production, Account 351 - Energy Storage Equipment — Transmission, and Account 363 - Energy Storage Equipment — Distribution, shall be upon the issuance of a final Commission Order in this docket. Based on the foregoing, it is ORDERED by the Florida Public Service Commission that Florida Power & Light Company's request for approval of an annual depreciation rate of 10 percent for energy storage equipment is granted as set forth in the body of this order. It is further ORDERED that Florida Power & Light Company's request to transfer plant investments and associated book reserves is granted as set forth in the body of this order. It is further ORDERED that the new deprecation rate for energy storage equipment shall become effective upon issuance of a final order in this docket. 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, F.A.C., is received by the Office of 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 if no person whose substantial interests are affected by this proposed agency action files a timely protest within 21 days of the issuance of this Order, this docket shall be closed upon the issuance of a Consummating Order. If a timely protest is filed by a substantially affected person, this docket shall remain open pending resolution of the protest. T. 2.- 1lD ORDER NO. PSC -2017 -0359 -PAA -EI DOCKET NO. 20170097 -El • PAGE 6 SBr By ORDER of the .Florida Public Service Commission this 20th day of September, 2017. IA) HONG ANG Chief Deputy 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 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, by the close of business on October 11. 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. • 7,(. INFORMATIONAL INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: September 26, 2017 FROM: Michael Smykowski Director, Office of Management & Budget SUBJECT: UPDATE ON ALL ABOARD FL/VERO ELECTRIC EXPENSES DESCRIPTION Staff is providing an update to the Board of County Commissioners on actual expenses for All Aboard Florida and Vero Electric/FMPA issues. Please see the attached documents for expenses incurred as of 9/25/17. ATTACHED: • All Aboard Fl. expenses through 9/25/17 spreadsheet. Vero Beach Electric/FPL/FMPA expenses through 9/25/17 spreadsheet. P3 All Aboard Florida Expenses Indian River County Board approved expenses of $186,921 prior to 3/24/15 autorization 3/24/15 Litigation- Board Approved a total of $2.7 million FY 14/15 - 16/17 in addition to prior authorizations Acct#00110214-033110-15023 Date Vendor 8/15/2017 Bryan Cave LLP 7/17/2017 Bryan Cave LLP 7/17/2017 Bryan Cave LLP 6/13/2017 Bryan Cave LLP 5/12/2017 Bryan Cave LLP 5/12/2017 Bryan Cave LLP 4/10/2017 Bryan Cave LLP 4/10/2017 Bryan Cave LLP 3/8/2017 Bryan Cave LLP 3/8/2017 Bryan Cave LLP 2/20/2017 Bryan Cave LLP 2/20/2017 Bryan Cave LLP 1/24/2017 Shubin & Bass PAS 1/17/2017 Bryan Cave LLP 1/17/2017 Bryan Cave LLP 12/1/2016 Bryan Cave LLP 12/1/2016 Bryan Cave LLP 12/1/2016 Shubin & Bass PAS Amount Legal Services Note $5,893.00 Fees for Legal $20,729.17 Fees for Legal $1,551.00 Fees for Legal $823.50 Fees for Legal $2,608.50 Fees for Legal $77.02 Fees for Legal $3,385.90 Fees for Legal $375.00 Fees for Legal $11,097.20 Fees for Legal $14,886.78 Fees for Legal $342.50 Fees for Legal $53,720.93 Fees for Legal $4,795.00 Fees for Legal $534.50 Fees for Legal $15,931.78 Fees for Legal $1,722.50 Fees for Legal $16,457.70 Fees for Legal $9,387.20 Fees for Legal Subtotal Expenses FY 16/17 $164,319.18 9/30/2016 Bryan Cave LLP 9/30/2016 Bryan Cave LLP 9/30/2016 Bryan Cave LLP 9/30/2016 Bryan Cave LLP 9/30/2016 Shubin & Bass PAS 9/28/2016 Shubin & Bass PAS 9/28/2016 Shubin & Bass PAS 9/14/2016 Bryan Cave LLP 9/14/2016 Bryan Cave LLP 8/16/2016 Bryan Cave LLP 8/16/2016 Bryan Cave LLP 7/27/2016 Shubin & Bass PAS 7/19/2016 Bryan Cave LLP 7/19/2016 Bryan Cave LLP 6/21/2016 Shubin & Bass PAS 6/14/2016 Bryan Cave LLP 6/14/2016 Bryan Cave LLP 5/24/2016 Shubin & Bass PAS 5/3/2016 Shubin & Bass PAS 4/19/2016 Bryan Cave LLP 4/19/2016 Bryan Cave LLP 4/6/2016 Bryan Cave LLP 4/6/2016 Nabors & Giblin 3/30/2016 Shubin & Bass PAS 3/16/2016 Bryan Cave LLP 3/16/2016 Bryan Cave LLP 2/9/2016 Bryan Cave LLP 2/9/2016 Bryan Cave LLP 1/20/2016 Bryan Cave LLP 1/20/2016 Bryan Cave LLP 12/8/2015 Bryan Cave LLP 12/8/2015 Bryan Cave LLP Services- June 2017 Services -May 2017 private activity bonds Services- May 2017 Services -April 2017 Services -March 2017 Service -March 2017 private activity bonds Services -Feb 2017 Services -Feb 2017 private activity bonds Services- Jan 2017 Services -Jan 2017 private activity bonds Services- Dec 2016 Services -Dec 2016 private activity bonds Services -Nov 2016 Services -Nov 2016 Services -Nov 2016 -private activity bonds Services -Oct 2016 Services -Oct 2016 -private activity bonds Services -Oct 2016 $5,060.15 Fees for Legal Services -Sept 2016 $46,369.62 Fees for Legal Services -Sept 2016 -private activity bonds $20,358.95 Fees for Legal Services -Aug 2016 $8,496.08 Fees for Legal Services -Aug 2016 -private activity bonds $28,277.00 Fees for Legal Services -Sept 2016 $22,949.40 Fees for Legal Services -Aug 2016 $15,581.00 Fees for Legal Services -July 2016 $14,149.70 Fees for Legal Services -July 2016 $3,457.13 Fees for Legal Services -July 2016- private activity bonds $72,430.59 Fees for Legal Services -June 2016- private activity bonds $1,754.00 Fees for Legal Services -June 2016 $17,550.50 Fees for Legal Services -June 2016 $3,561.50 Fees for Legal Services -May 2016 $9,255.65 Fees for Legal Services -May 2016 -private activity bonds $11,591.49 Fees for Legal Services -May 2016 $27,804.30 Fees for Legal Services -April 2016 $386.10 Fees for Legal Services -April 2016 -private activity bonds $29,983.35 Fees for Legal Services -April 2016 $21,968.25 Fees for Legal Services -March 2016 $19,845.75 Fees for Legal Services -March 2016 $128,696.58 Fees for Legal Services -March 2016 -private activity bonds $112,572.86 Fees for Legal Services -Feb 2016 -private activity bonds $150.00 Fees for Legal Services -August 2015 $7,575.75 Fees for Legal Services -Feb 2016 $31,795.61 Fees for Legal Service -Jan 2016 -private activity bonds $22,207.65 Fees for Legal Services -Jan 2016 $16,410.09 Fees for Legal Service -Dec 2015 private activity bonds $6,767.90 Fees for Legal Service -Dec 2015 $50,663.10 Fees for Legal Service -Nov 2015 private activity bonds $20,948.09 Fees for Legal Services Nov 2015 $27,303.95 Fees for Legal Services Oct 2015 $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 9/30/2015 Bryan Cave LLP 9/30/2015 Bryan Cave LLP 9/30/2015 Bryan Cave LLP 8/28/2015 Bryan Cave LLP 8/28/2015 Bryan Cave LLP $54,812.80 Fees for Legal Services Sept 2015 $7,113.36 Fees for Legal Services -Sept 2015 private activity bonds $81,436.99 Fees for Legal Services -Aug 2015 $55,354.02 Fees for Legal Services -Aug 2015 private activity bonds $51,636.09 Fees for Legal Services -July 2015 private activity bonds $6,307.05 Fees for Legal Services -July 2015 F:\Budget\All Aboard FL Expenses P4 All Aboard Florida Expenses Indian River County 8/12/2015 Bryan Cave LLP 8/12/2015 Bryan Cave LLP 7/1/2015 Bryan Cave LLP 7/1/2015 Bryan Cave LLP 7/2/2015 Bryan Cave LLP 7/1/2015 Bryan Cave LLP 6/18/2015 Nabors Giblin & Nickerson PA 5/20/2015 Nabors Giblin & Nickerson PA 05/12/15 Bryan Cave LLP 05/12/15 Bryan Cave LLP 04/20/15 Bryan Cave LLP 3/24/15 Nabors Giblin & Nickerson PA* 2/24/15 Nabors Giblin & Nickerson PA* 12/22/14 Bryan Cave LLP 12/10/14 Bryan Cave LLP $50,710.86 Fees for Legal Services -June 2015 private activity bonds $37,687.25 Fees for Legal Services -June 2015 $178,503.50 Fees for Legal Services -May 2015 private activity bonds $37,048.25 Fees for Legal Services -May 2015 $177,071.70 Fees for Legal Services -April 2015 $28,871.78 Fees for Legal Services -April 2015 private activity bonds ($250.00) Martin county paid 1/2 $500.00 Fees for Legal Services $28,877.05 Fees for Legal Services $145,105.00 Fees for Legal Services $4,107.50 Fees for Legal Services $617.49 IRC 1/3 Portion of Legal Fees $5,593.56 IRC 1/3 Portion of Legal Fees $33,252.60 Fees for Legal Services $79,962.30 Fees for Legal Services Subtotal Expenses FY 14/15 9/30/14 Bryan Cave LLP 9/30/14 Bryan Cave LLP 9/17/14 Bryan Cave LLP $1,064,319.151 $26,975.60 Fees for Legal Services $638.70 Fees for Legal Services $937.50 Fees for Legal Services Subtotal Expenses FY 13/14 $28,551.80 *Split between St.Lucie, Indian River, and Martin Counties Acct#00110214-033190-15023 4/28/2017 Martin County 50% reimbursement 4/18/2017 Triad Railroad Consultants 2/20/2017 Atkins North America,Inc. 1/24/2017 Triad Railroad Consulants 12/1/2016 VB Court Reporters 12/1/2016 Scripps Subtotal Expenses FY 16/17 9/30/2016 GK Environmental 9/30/2016 Triad Railroad Consulants 9/30/2016 Atkins North America,Inc. 9/30/2016 Federal Express 8/5/2016 GK Environmental 7/12/2016 Dylan Reingold-travel to Wash DC 6/1/2016 US Legal Support Inc. 5/23/2016 Federal Express 5/11/2016 GK Environmental 4/19/16 GK Environmental 1/26/2016 Federal Express 1/25/2016 VB Court Reporting Other Professional Services -$3,380.35 50% reimbursement $6,760.69 Expert Witness $1,607.00 Drainage Reports & calculations $13,396.11 $300.00 St Johns Admin Hearing $95.70 Legal Advertising $18,779.151 $5,580.00 $24,758.59 Review AAF 90% & plans $20,782.50 Drainage Reports & calculations $8.18 $2,040.00 $928.37 AAF Hearing $160.80 AAF Hearing Certified Transcriber $6.10 Shipping $6,000.00 Prelim wetland determination $1,875.00 Prelim wetland determination $6.85 Shipping $417.50 IRC vs Rogoff Subtotal Expenses FY 15/16 $62,563.89 9/30/2015 9/16/2015 8/25/2015 8/25/2015 7/14/2015 7/2/2015 6/16/2015 6/10/2015 5/12/2015 Dyland Reingold Federal Express Railroad Consultant Group Railroad Consultant Group Federal Express William M Sampson Federal Express Dylan Reingold-travel to Wash DC Treasury of the United States $412.00 Reimburse for case filing $3.92 Shipping $36,053.97 Rail Safety Study $435.00 Rail Safety Study $6.31 Shipping $6,875.00 Rail Crossing Analysis $7.84 Shipping $446.11 Preliminary Hearing $570.00 Public Records Subtotal Expenses FY 14/15 $44,810.15 F:\Budget\All Aboard FL Expenses P5 All Aboard Florida Expenses Indian River County Acct#00110214-034020-15023 6/28/2017 Kate Cotner -Tag Meeting All Travel $60.07 mileage to Cocoa Subtotal Expenses FY 16/17 $60.07 4/20/2016 Dylan Reingold 4/6/2016 Aloft Hotel 12/16/2015 Kimberely Graham 12/2/2015 Kate Cotner -FAC Legislative Conference $106.26 Hearing $109.00 MHG Tallahasse AL P -Dylan Reingold $901.76 Fed Railway Assoc. Mtg-Washington DC $19.44 Subtotal Expenses FY 15/16 $1,136.46 9/8/2015 Doubletree Orlando 8/26/2015 Dylan Reingold 8/26/2015 Kate Cotner $271.36 Orlando -Travel -FI. Dev. Finance Corp $75.26 ($5.36) Orlando -Tavel -FI Dev. Finance Corp Subtotal Expenses FY 14/15 $341.26 Acct4J 11124319-033190 7/02/15 CDM Smith Inc 1/02/15 CDM Smith Inc 1/02/15 CDM Smith Inc 11/26/14 CDM Smith Inc 11/21/14 CDM Smith Inc Other Professional Services $23,454.00 Work Order 10 EIS $6,973.40 Work Order 13 Noise Monitoring $2,122.50 Work Order 10 EIS $5,605.00 Work Order 10 EIS $6,585.80 Work Order 13 Noise Monitoring Subtotal Expenses FY 14/15 $44,740.70 9/30/14 CDM Smith Inc 9/30/14 CDM Smith Inc 8/29/14 CDM Smith Inc 8/08/14 CDM Smith Inc $1,937.00 Work Order 13 Noise Monitoring $8,077.00 Work Order 10 EIS $4,135.00 Work Order 10 EIS $3,125.00 Work Order 10 EIS Subtotal Expenses FY 13/14 $17,274.00 Total Expenses 16/17 Total Expenses 15/16 Total Expenses 14/15 Total Expenses 13/14 $183,158.40 $870,867.50 $1,154,211.26 $45,825.80 Total expenses processed as of 9/25/17 $2,254,062.96 Total Board authorized budget for FY 16/17 Total Board authorized budget for FY 15/16 Total Board authorized budget for FY 14/15 Total Board authorized budget for FY 13/14 $816,015.00 $870,868.00 $1,154,212.00 $45,826.00 Total budgeted 13/14-16/17 $2,886,921.00 Remaining Balance $632,858.04 F:\Budget\AII Aboard FL Expenses P6 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services 2/20/2017 Berger Singerman Subtotal Expenses FY 16/17 9/30/2016 Berger Singerman 9/20/2016 Berger Singerman 8/16/2016 Berger Singerman 7/19/2016 Berger Singerman 6/14/2016 Berger Singerman 5/24/2016 Berger Singerman 5/4/2016 Berger Singerman 2/9/2016 Berger Singerman 1/20/2016 Berger Singerman 12/22/2015 Berger Singerman 12/8/2015 King Reporting & Video 11/17/2015 Berger Singerman $880.00 $1,072.50 $632.50 $275.00 $275.00 $605.00 $495.00 $1,650.00 $1,265.00 $11,722.50 $15,090.00 $457.75 $2,172.50 $5,462.50 $25,370.00 $10,150.00 $7,855.00 $29,622.50 $312.50 $1,878.10 $10,582.50 $26,713.48 $10,312.50 $4,161.72 $22,882.98 $16,610.00 $8,824.24 $7,821.90 $30,144.31 $12,292.50 $8,415.00 Subtotal Expenses FY 15/16 9/30/2015 Berger Singerman 9/21/2015 Berger Singerman 8/18/2015 Berger Singerman 7/22/2015 Berger Singerman 7/1/2015 Berger Singerman 6/3/2015 Nabors Giblin & Nickerson 5/20/2015 Carolos Alvarez,Esq 4/20/2015 Gonzalez Saggio & Harlan 4/2/2015 Gonzalez Saggio & Harlan 3/23/2015 Gonzalez Saggio & Harlan 3/23/2015 Nabors Giblin & Nickerson 2/2/2015 Gonzalez Saggio & Harlan 1/16/2015 Gonzalez Saggio & Harlan 12/3/2014 Gonzalez Saggio & Harlan Subtotal Expenses FY 14/15 9/30/2014 Gonzalez Saggio & Harlan 9/30/2014 Gonzalez Saggio & Harlan 8/15/2014 Gonzalez Saggio & Harlan 7/22/2014 Gonzalez Saggio & Harlan $880.00 $35,712.75 $180,738.02 Subtotal Expenses FY 13/14 $58,673.71 P7 Indian River County Vero Beach Electric/Florida Power & Light/FMPA expenses Acct# 00410214-033110-15024 Legal Services Other Prof. Services /Legal Advertising 5/27/2016 RW Wilson & Assoc 4/22/2016 RW Wilson & Assoc 4/8/2016 RW Wilson & Assoc 3/24/2016 RW Wilson & Assoc 3/24/2016 RW Wilson & Assoc 2/9/2016 Federal Express 1/20/2016 RW Wilson & Assoc 1/8/2016 RW Wilson & Assoc 12/22/2015 RW Wilson & Assoc $4,090.00 $4,090.00 $4,090.00 $4,090.00 $4,090.00 $4.85 $4,090.00 $4,090.00 $4,090.00 Subtotal Expenses FY 15/16 9/30/2015 RW Wilson & Assoc 9/11/2015 RW Wilson & Assoc 8/14/2015 RW Wilson & Assoc 7/21/2015 Kate Cotner Reimbursement 7/10/2015 RW Wilson & Assoc 5/26/2015 RW Wilson & Assoc 5/21/2015 Scripps Treasure Coast 3/4/2015 RB Oppenheim Assoc 2/13/2015 FMPA-copy of audio 1/16/2015 Scripps Treasure Coast 11/19/2014 Scripps Treasure Coast $32,724.85 $4,090.00 $4,090.00 $4,090.00 $50.00 $4,090.00 $4,090.00 $71.76 $4,625.00 $119.13 $70.98 $63.96 Subtotal Expenses FY 14/15 $25,450.83 9/30/2014 Scripps Treasure Coast 9/10/2014 Scripps Treasure Coast $87.36 $88.92 Subtotal Expenses FY 13/14 $176.28 Travel 3/16/2016 Dylan Reingold-FL Senate Committee mtg 3/8/2016 Courtyard by Mariott 1/20/2016 Dylan Reingold-FMPA mtg/Tallahassee 1/6/2016 Dylan Reingold-FMPA mtg/Tallahassee 10/12/2015 Dylan Reingold-Joint Legislative mtg/Tallahassee $394.25 $98.00 $372.39 $149.00 $437.53 Subtotal Expenses FY 15/16 $1,451.17 8/26/2015 Dylan Reingold-FMPA mtg/Tallahassee 8/26/2015 Kate Cotner-FMPA mtg/Tallahassee $75.26 $36.00 Subtotal Expenses FY 14/15 $111.26 P8 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 $880.00 $69,888.77 $206,300.11 $58,849.99 Total expenses processed as of 9/25/17. $335,918.87 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 Budget $69,789.00 $69,889.00 $35,150.00 $130,000.00 $100,000.00 Total Board Authorized Budget $404,828.00 Remaining Balance $68,909.13 P9 Indian River County Venue Event Calendar Review For more information go to www.ircgov.com - Event Calendar 7,.D• Jimmy Graves Memorial Golf Tournament October 7 @ Sandridge: • 7am Fights at the Fairgrounds October 7 @ IRC Fairgrounds: • Sat: 5pm, $10 General Admission, $20 at the door Special Olympics October 7-8 @ North County Aquatic Center & iG Center: • Sat: Meet at NCAC,8am-3pm. 8pm Dance at the iG Center • Sun: Meet at NCAC, 8am-4pm. Treasure Coast Marine Boat Show / Marine Flea Market & Seafood Festival October 13-15 @ IRC Fairgrounds: info@flnauticalfleamarket.com • 9am-5pm 30th Annual Treasure Coast Amateur Golf Championship October 14-15 @ Sandridge: • Sat: 8am • Sun: 8am Community Office Hours Event October 19 @ North IRC Library: • 10am- One on one with Commissioner Susan Adams Halo Hoedown Ocotber 21 @ IRC Fairgrounds: • 7- l Opm P10 5th Annual Bela Nagy Sr. Memorial Golf Tournament Ocotber 28 @ Sandridge: • 8 am- I pm KDMF Car Show Ocotber 28 @ IRC Fairgrounds: • 12noon-5pm P11 7.E. INFORMATIONAL ITEM INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services / Recreation Division MEMORANDUM Date: September 25, 2017 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator From: Michael Redstone, Recreation Manager Subject: State of Florida Special Olympic Aquatic Championships It is requested that the information herein presented be given formal consideration by the Board of County Commission at its regular meeting of October 3, 2017. DESCRIPTIONS AND CONDITIONS: Special Olympics is a global organization and is the largest sports organization that serves athletes with intellectual disabilities with more than 4.9 million athletes in 172 countries and over one million volunteers. The mission of Special Olympics is to provide year-round sports training and athletic competition in a variety of Olympic type sports for children and adults with intellectual disabilities. The Special Olympics mission remains as vital today as it did when the movement was founded in 1968. The Special Olympic USA games will be held in Seattle, Washington in July of 2018. Swimming will be among the 14 Olympic type sports held. The State of Florida Special Olympic Aquatic Championships will be held starting at 8:00 a.m. on October 7 & 8, 2017, at the North County Aquatic Center in Sebastian for the 12th consecutive year. The Opening Ceremony will take place on October 7th at the Intergenerational Recreation Center in Vero Beach starting at 8:00 p.m. It is at the local level right here where interested volunteers meet the athletes. This year's event will highlight 428 swimmers representing 39 Florida counties, 120 coaches, family members and volunteers. Anyone interested in volunteering their time at this event can call the North County Aquatic Center (772) 581 — POOL (7665). There are positions open in timing, staging, awards, ushers and cheerleaders. The Recreation Department encourages the community to come out and support the hard work of these athletes. ATTACHMENT(s): Special Olympic Florida Flyer C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@C40DC499\@BCL@C40DC499.doc P12 Special Olympics Florida 2017 State Aquatics Championships October 7-8, 2017 Venue Locations Competition Venue: Ceremony/Dinner Venue: North County Aquatics Center/North Regional Park 9450 County Road 512 Sebastian, FL 32958 Intergenerational Recreation Center 1590 9th St. SW Vero Beach, FL 32962 Participation Numbers Athletes: 428 Unified Partners: 32 Coaches: 120 Family Members: 100 Volunteers: 100 Total Participants: 780 Event Hosts Indian River County Recreation Department Treasure Coast Sports Commission Friday, October 6 Saturday, October 7 Sunday, October 8 Premier Games Sponsor Tentative Schedule 7:00 p.pm — 8:00 p.m. Coaches Meeting- Intergenerational Recreation Center 7:15 a.m. — 7:45 a.m. 8:00 a.m. - 11:30 a.m. 11:00 a.m. — 1:00 p.m. 1:00 p.m. — 4:00 p.m. 6:30 p.m. - 7:45 p.m. 8:00 p.m. — 8:30 p.m. 8:30 p.m. — 9:30 p.m. 8:30 p.m. 9:00 a.m. - 2:30 p.m. 11:00 a.m. — 1:00 p.m. Statewide Aquatics Sponsor & Venue Sponsor Coaches Meeting Recap at Pool Aquatics Competition Finals and Awards (Long Course) Lunch - North County Aquatics Center Aquatics Competition Finals and Awards (Long Course) Dinner — Indian River Intergenerational Center Opening Ceremony - Indian River Intergenerational Center Dance - Indian River Intergenerational Center Head Delegate Meeting - Indian River Intergenerational Center Aquatics Competition and Awards (all Short Course events) Lunch - North County Aquatics Center Publix. fPINCM•A•PENNY l POOL•PATIO•SPAJ. The Perfect People For A Perfect Pool For more information about Special Olympics Florida: Website: www.specialolympicsflorida.org Phone: 352-243-9536 P13 JEFFREY R. SMITH, CPA., CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 aaA. TO: HONORABLE. BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: September 14, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 1, 2017 to September 14, 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 September 1, 2017 to September 14, 2017. Attachment: ERN P14 TRANS. NER 1011991 1011992 1011993 1011994 1011995 1011996 1011997 1011998 1011999 1012000 1012001 1012002 1012003 1012004 1012005 1012006 1012007 1012008 1012009 1012010 1012011 1012012 1012013 1012014 1012015 1012016 1012017 1012018 1012019 1012020 1012021 1012022 1012023 1012024 1012025 1012026 1012027 1012028 1012029 1012030 1012031 1012032 1012033 1012034 1012035 1012036 1012037 1012038 1012039 1012040 1012041 1012042 1012043 1012044 1012045 1012046 1012047 1012048 ELECTRONIC PAYMENT - VISA CARD DATE 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/05/2017 09/05/2017 09/05/2017 09/05/2017 09/05/2017 09/05/2017 09/05/2017 09/05/2017 09/05/2017 09/05/2017 09/05/2017 09/05/2017 09/05/2017 09/05/2017 09/05/2017 09/05/2017 09/05/2017 09/05/2017 09/05/2017 09/05/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/14/2017 09/14/2017 VENDOR AT&T OFFICE DEPOT BSD CUSTOMER SVC WASTE MANAGEMENT INC COMCAST BRIDGESTONE GOLF INC SSES INC COPYCO INC HENRY SCHEIN INC INDIAN RIVER BATTERY MIKES GARAGE & WRECKER SERVICE INC MEEKS PLUMBING INC WORLD INDUSTRIAL EQUIPMENT INC GROVE WELDERS INC RECORDED BOOKS LLC SOUTHERN COMPUTER WAREHOUSE PRIDE ENTERPRISES COMPLETE ELECTRIC INC SHRIEVE CHEMICAL CO SOUTHERN JANITOR SUPPLY INC FPS OFFICE SOLUTIONS LLC EVERGLADES FARM EQUIPMENT CO INC COPYCO INC DEMCO INC AMERICAN CONCRETE INDUSTRIES INC MIKES GARAGE & WRECKER SERVICE INC APPLE INDUSTRIAL SUPPLY CO ALLIED UNIVERSAL CORP GROVE WELDERS INC SOUTHERN COMPUTER WAREHOUSE COMPLETE RESTAURANT EQUIPMENT LLC APPLE MACHINE & SUPPLY CO TOTAL TRUCK PARTS INC COMO OIL COMPANY OF FLORIDA ESR] INC RECHTIEN INTERNATIONAL TRUCKS CONSOLIDATED ELECTRICAL DISTRIBUTORS INC BENNETT AUTO SUPPLY INC CUSTOM PRODUCTS CORPORATION PIONEER MANUFACTURING PACE ANALYTICAL SERVICES INC WASTE MANAGEMENT INC T -MOBILE USA INC AT&T OFFICE DEPOT BSD CUSTOMER SVC WASTE MANAGEMENT INC HELENA CHEMICAL SUB AQUATICS INC SOUTHERN COMPUTER WAREHOUSE COMPLETE RESTAURANT EQUIPMENT LLC COMMERCIAL ENERGY SPECIALISTS HARCROS CHEMICALS, INC. CONSOLIDATED ELECTRICAL DISTRIBUTORS INC RADWELL INTERNATIONAL INC WRIGHT FASTENER COMPANY LLC PACE ANALYTICAL SERVICES INC FILTRATION GROUP CORPORATION HENRY SCHEIN INC SOUTHERN COMPUTER WAREHOUSE AMOUNT 436.19 911.60 1,110.85 165.69 2,729.74 1,554.40 181.75 711.66 425.80 165.00 306.00 350.00 47.59 221.55 411.95 414.00 7,800.00 2,391.11 1,845.48 879.96 379.62 168.98 527.20 353.00 75.00 589.59 7,539.22 93.65 466.44 3,620.20 126.00 115.99 1,385.24 20,400.00 741.73 62.88 117.94 2,920.00 1,047.00 102.00 1,778.42 344.25 21,301.08 1,723.67 1,273.06 1,818.75 588.05 193.06 202.00 12.43 2,425.83 283.44 102.21 419.90 416.00 1,096.84 2,704.75 528.69 l P15 TRANS. NBR 1012049 1012050 1012051 1012052 1012053 1012054 1012055 1012056 1012057 1012058 Grand Total: DATE 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 VENDOR WIGINTON CORPORATION FIRST HOSPITAL LABORATORIES INC PRIDE ENTERPRISES COMPLETE ELECTRIC INC MIDWEST MOTOR SUPPLY CO RECHTIEN INTERNATIONAL TRUCKS SOUTHERN JANITOR SUPPLY INC PROTRANSMASTERS 11 INC L&L DISTRIBUTORS STAT MEDICAL DISPOSAL INC AMOUNT 1,818,00 451.50 521.30 190.00 553.80 114.95 2,442.24 2,172.58 1,068.07 295.00 110,731.87 P16 TRANS NBR 357735 357736 357737 357738 357739 357740 357741 357742 357743 357744 357745 357746 357747 357748 357749 357750 357751 357752 357753 357754 357755 357756 357757 357758 357759 357760 357761 357762 357763 357764 357765 357766 357767 357768 357769 357770 357771 357772 357773 357774 357775 357776 357777 357778 357779 357780 357781 357782 357783 357784 357785 357786 357787 357788 357789 357790 357791 357792 DATE 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 CHECKS WRITTEN VENDOR 1135 RENTALS LLC ORANGE COUNTY HOUSING & C D ALL FLORIDA REALTY SERVICES INC VERO BEACH EDGEWOOD PLACE LP GRACES LANDING LTD LINDSEY GARDENS LTD BRYAN D BLAIS WILLIE C REAGAN RIVER PARK ASSOCIATES LIMITED RICHARD C THERIEN CREATIVE CHOICE HOMES XVI LTD DAVID YORK ST FRANCIS MANOR OF VERO BEACH TREASURE COAST HOMELESS SERVICES VENETIAN APARTMENTS OF VERO BEACH PINNACLE GROVE LTD VERO CLUB PARTNERS LTD DAVID SPARKS INDIAN RIVER COUNTY HOUSING AUTHORITY INDIAN RIVER COUNTY HOUSING AUTHORITY CRAIG MERRILL CHRISTINE SALTER HAGGERTY FAMILY LTD SUNQUEST INC THE PALMS AT VERO BEACH FELLSMERE COMM ENRICHMENT PROGRAM INC DAVID CONDON HILARY MCIVOR PAULA LANE PELICAN ISLES LP KATE TYSON LYONS SUNCOAST REALTY & RENTAL MGMT LLC OAK RIVER PROPERTIES INC SONRISE.VILLAS LTD ADINA GOLDMAN INDIAN RIVER RDA LP RICHARD L DAVENPORT GEORGE THUYNS LAZY J LLC SYLVIA MCNEILL SKOKIE HOLDINGS INC ROGER WINSLOW OSLO VALLEY PROPERTIES INC SAID S MOOBARK OSCEOLA COUNTY SECTION 8 LINDSEY GARDENS II LTD ANTHONY ARROYO AHS HOLDINGS GROUP LLC DANIEL CORY MARTIN YVONNE KOUTSOFIOS ALAN R TOKAR VERO BEACH VILLAS I LLC BRIAN E GALLAGHER HOUSING AUTHORITY STEPHANIE WATCHEK FOUNTAIN TRUST SCOT WILKE J & K PALMER ENTERPRISES LLC THEODORE BARTOSIEWICZ AMOUNT 580.00 651.73 3,795.00 949.00 9,070.00 6,246.00 356.00 449.00 14,426.00 444.00 10,700.00 502.00 272.00 849.00 390.00 8,675.00 8,748.00 383.00 533.00 534.00 858.00 483.00 373.00 4,515.00 11,564.00 620.00 632.00 402.00 451.00 8,003.00 334.00 4,336.00 248.00 2,504.00 545.00 5,057.00 495.00 565.00 1,738.00 719.00 704.00 478.00 319.00 1,317.00 743.73 4,689.00 654.00 3,523.00 742.00 370.00 631.00 462.00 524.00 766.73 243.00 503.00 191.00 508.00 1 P17 TRANS NBR DATE VENDOR AMOUNT 357793 09/01/2017 FOUNDATION FOR AFFORDABLE RENTAL 19,869.00 357794 09/01/2017 RICHARD KUSSEROW 573.00 357795 09/01/2017 ARE JAY INVESTMENTS OF INDIAN RIVER COUNTY 1T 469.00 357796 09/01/2017 SONRISE VILLAS II LLC 591.00 357797 09/01/2017 JOHN T STANLEY 785.00 357798 09/01/2017 CSMA SFR HOLDINGS II-LLC 503.00 357799 09/01/2017 YELLOW KID INC 550.00 357800 09/01/2017 WEDGEWOOD RENTALS LLC 1,607.00 357801 09/01/2017 ALMA LUCKETT 852.00 357802 09/01/2017 LIVE OAKS REALTY INC 227.00 357803 09/01/2017 IBIS GARDENS APTS LLC 475.00 357804 09/01/2017 MCLAUGHLIN PROPERTIES LLC 1,195.00 357805 09/01/2017 JOYCE BODANZA 552.00 357806 09/01/2017 MYRIAM MELENDEZ 438.00 357807 09/06/2017 PETTY CASH 0.00'; check voided 357808 09/06/2017 PETTY CASH 9,500.00 357809 09/06/2017 PORT CONSOLIDATED INC 19,069.92 357810 09/06/2017 JORDAN MOWER INC 144.00 357811 09/06/2017 SUNCOAST WELDING SUPPLIES INC 302.54 357812 09/06/2017 COMMUNICATIONS INTERNATIONAL 730.00 357813 09/06/2017 RANGER CONSTRUCTION IND INC 960.16 357814 09/06/2017 FISHER SCIENTIFIC COMPANY LLC 1,811.25 357815 09/06/2017 VERO CHEMICAL DISTRIBUTORS INC 791.80 357816 09/06/2017 PERERS ENTERPRISES INC 23,438.43 357817 09/06/2017 ALARM PARTNERS 105.00 357818 09/06/2017 CHISHOLM CORP OF VERO 260.00 357819 09/06/2017 KIMLEY HORN & ASSOC INC 236.60 357820 09/06/2017 SAFETY PRODUCTS INC 369.25 357821 09/06/2017 STEWART MATERIALS INC 4,546.35 357822 09/06/2017 DATA FLOW SYSTEMS INC 2,461.00 357823 09/06/2017 B G KENN INC 170.90 357824 09/06/2017 E-Z BREW COFFEE & BOTTLE WATER SVC 26.45 357825 09/06/2017 GRAINGER 15.15 357826 09/06/2017 KELLY TRACTOR CO 1,751.16 357827 09/06/2017 SAFETY KLEEN SYSTEMS INC 335.39 357828 09/06/2017 MY RECEPTIONIST INC 473.70 357829 09/06/2017 AMERIGAS EAGLE PROPANE LP 1,182.96 357830 09/06/2017 AMERIGAS EAGLE PROPANE LP 1,192.19 357831 09/06/2017 AMERIGAS EAGLE PROPANE LP 1,316.12 357832 09/06/2017 GAYLORD BROTHERS INC 926.13 357833 09/06/2017 WILD LAND ENTERPRISES INC 120.00 357834 09/06/2017 HACH CO 395.65 357835 09/06/2017 LFI FORT PIERCE INC 1,847.51 357836 09/06/2017 LFI FORT PIERCE INC 614.03 357837 09/06/2017 CLIFF BERRY INC 560.00 357838 09/06/2017 KSM ENGINEERING & TESTING INC 717.50 357839 09/06/2017 HD SUPPLY WATERWORKS, LTD 1,028.66 357840 09/06/2017 PETES CONCRETE 1,800.00 357841 09/06/2017 EXPRESS REEL GRINDING INC 4,400.00 357842 09/06/2017 TIRESOLES OF BROWARD INC 106.44 357843 09/06/2017 MOTION INDUSTRIES INC 767.60 357844 09/06/2017 CITY ELECTRIC SUPPLY 9,600.00 357845 09/06/2017 ARMFIELD WAGNER APPRAISAL AND RESEARCH INC 1,200.00 357846 09/06/2017 DELL MARKETING LP 2,239.10 357847 09/06/2017 BLAKESLEE SERVICES INC 760.00 357848 09/06/2017 BAKER & TAYLOR INC 1,841.91 357849 09/06/2017 MIDWEST TAPE LLC 390.43 357850 09/06/2017 MICROMARKETING LLC 323.73 357851 09/06/2017 BAKER DISTRIBUTING CO LLC 15.32 357852 09/06/2017 ATKINS NORTH AMERICA INC 19,885.42 2 P18 TRANS NBR 357853 357854 357855 357856 357857 357858 357859 357860 357861 357862 357863 357864 357865 357866 357867 357868 357869 357870 357871 357872 357873 357874 357875 357876 357877 357878 357879 357880 357881 357882 357883 357884 357885 357886 357887 357888 357889 357890 35789] 357892 357893 357894 357895 357896 357897 357898 357899 357900 357901 357902 357903 357904 357905 357906 357907 357908 357909 357910 357911 357912 DATE 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/20] 7 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/20 ] 7 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 VENDOR CENGAGE LEARNING INC PALM TRUCK CENTERS INC GO COASTAL INC COMMUNITY ASPHALT CORP CITY OF VERO BEACH CHAPTER 13 TRUSTEE COMP B ENEFITS . COMPANY COLONIAL LIFE & ACCIDENT INS CO AMERICAN FAMILY LIFE ASSURANCE CO INDIAN RIVER ALL FAB INC FERGUSON ENTERPRISES INC UNITED STATES POSTAL SERVICE JANITORIAL DEPOT OF AMERICA INC TREASURE COAST HOMELESS SERVICES FLORIDA DEPT OF EDUCATION ACUSHNET COMPANY ACUSHNET COMPANY TIMOTHY ROSE CONTRACTING INC FLORIDA POWER AND LIGHT CITY OF FELLSMERE BE SAFE SECURITY ALARMS INC FLORIDA OUTDOOR EQUIPMENT INC CAPE PUBLICATIONS INC THE AVANTI COMPANY INC RUSSELL PAYNE INC TRANE US INC VAN WAL INC SNL INC ALAN HILL MBV ENGINEERING INC CENTRAL PUMP & SUPPLY INC STAPLES CONTRACT & COMMERCIAL INC GLOVER OIL COMPANY INC ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ORCHID ISLAND PROPERTY MGMT 11 INC PAK MAIL BILBREY, JOHN B & LUNA MUNICIPAL WATER WORKS INC MOORE MEDICAL LLC DYNAMIC AIR QUALITY & COOLING INC INDIAN RIVER SOCCER ASSOCIATION FLORIDAAQUASTORE INC WINSUPPLY OF VERO BEACH WOERNER DEVELOPMENT INC ATLANTIC COASTAL LAND TITLE CO LLC TREASURE COAST MOTOR CYCLE CENTER INC ECMC JANCY PET BURIAL SERVICE INC BERMUDA SANDS APPAREL LLC CIT FINANCE LLC ALAN JAY CHEVROLET CADILLAC TAMPA CRANE & BODY INC REPROGRAPHIC SOLUTIONS INC LOWES HOME CENTERS INC BURNETT LIME CO INC AMERICAN MINORITY BUSINESS FORMS TREASURE COAST TURF INC CARMEN LEWIS AMOUNT 132.00 118.97 206.50 109,046.89 16,723.21 201.08 80.16 21.24 18,180.92 330.00 2,805.00 8,021.00 493.29 17,654.00 181.00 1,561.79 3,847.42 909,449.12 17,331.51 232.94 115.00 8,404.50 463.09 1,369.99 1,048.95 198,562.50 240.00 980.00 400.87 11,080.00 163.08 862.98 4,939.45 267.77 271.40 151.43 450.00 64.30 50.00 53,300.30 238.80 1,326.28 600.00 6,200.00 132.13 613.00 150.00 233.35 258.40 4.25 218.24 186.21 26,301.20 1,155.97 17.16 1,670.57 9,564.80 280.00 2,700.00 180.00 3 P19 TRANS NBR DATE 357913 09/06/2017 357914 09/06/2017 357915 09/06/2017 357916 09/06/2017 357917 09/06/2017 357918 09/06/2017 357919 09/06/2017 357920 09/06/2017 357921 09/06/2017 357922 09/06/2017 357923 09/06/2017 357924 09/06/2017 357925 09/06/2017 357926 09/06/2017 357927 09/06/2017 357928 09/06/2017 357929 09/06/2017 357930 09/06/2017 357931 09/06/2017 357932 09/06/2017 357933 09/06/2017 357934 09/06/2017 357935 09/06/2017 357936 09/06/2017 357937 09/06/2017 357938 09/06/2017 357939 09/06/2017 357940 09/06/2017 357941 09/06/2017 357942 09/06/2017 357943 09/06/2017 357944 09/06/2017 357945 09/06/2017 357946 09/06/2017 357947 09/06/2017 357948 09/06/2017 357949 09/06/2017 357950 09/06/2017 357951 09/06/2017 357952 09/06/2017 357953 09/06/2017 357954 09/06/2017 357955 09/06/2017 357956 09/06/2017 357957 09/06/2017 357958 09/06/2017 357959 09/06/2017 357960 09/06/2017 357961 09/06/2017 357962 09/06/2017 357963 09/06/2017 357964 09/06/2017 357965 09/06/2017 357966 09/06/2017 357967 09/06/2017 357968 09/06/2017 357969 09/06/2017 357970 09/06/2017 357971 09/06/2017 357972 09/06/2017 VENDOR SUMMIT CONSTRUCTION OF VERO BEACH LLC SUSAN ADAMS FAMILY SUPPORT REGISTRY BERNARD EGAN & COMPANY MASCHMEYER CONCRETE COMPANY OF FLORIDA RELIANT FIRE SYSTEMS INC COBRA GOLF INCORPORATED MICHAEL EDWARD HAMILTON HAWKINS INC ENCORE ONE LLC COCA COLA BEVERAGES FLORIDA LLC CAREFREE RANCH CATHEDRAL CORPORATION UNIFIRST CORPORATION SITEONE LANDSCAPE SUPPLY LLC ADVANCE STORES COMPANY INCORPORATED EGP DOCUMENT SOLUTIONS LLC FLORIDA EAST COAST HOLDINGS CORP BYERS ENGINEERING COMPANY MATHESON TRI -GAS INC PEOPLE READY INC RAUL E VIVANCO COLE AUTO SUPPLY INC VOOTU INC MARISA ALEXANDER KONICA MINOLTA BUSINESS SOLUTIONS BETH NOLAN AXON ENTERPRISE INC THOMAS R PILIERO SSPS INC US DEPT OF TREASURY CHRIS PRECIADO PACIFIC RIM VENTURES INC JOHN WALCOTT RICHARD MONROE BUILDER LLC SOUTH FLORIDA EVENT MANAGEMENT JASMINE ALEXANDER MATT MC CARTHY UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 47,022.30 15.00 156.45 91,673.37 3,453.12 85.00 91.40 300.00 1,667.50 3,705.73 110.09 1,000.00 19,478.97 1,224.36 89.57 223.70 177.38 7,660.00 53,200.00 7,372.95 13,111.20 216.00 1,230.64 3,708.40 32.00 72.52 70.00 505.70 52.00 665.65 112.53 451.62 125.00 72.00 100.00 450.00 53.50 53.50 10.40 14.76 59.40 32.45 15.81 41.61 27.52 341.44 14.49 84.63 5.39 45.74 81.42 68.06 44.24 85.42 63.10 42.84 83.53 68.85 31.79 46.58 4 P20 TRANS NBR 357973 357974 357975 357976 357977 357978 357979 357980 357981 357982 357983 357984 357985 357986 357987 357988 357989 357990 357991 357992 357993 357994 357995 357996 357997 357998 357999 358000 358001 358002 358003 358004 358005 358006 358007 358008 358009 358010 358011 358012 358013 358014 358015 358016 358017 358018 358019 358020 358021 358022 358023 358024 358025 358026 358027 358028 358029 358030 358031 358032 DATE 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/06/2017 09/13/2017 09/13/2017 09/13/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 VENDOR UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UT1L REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS CITY OF VERO BEACH FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 38.49 85.85 37.62 24.96 5.71 79.44 32.65 89.37 36.71 50.39 75.83 24.75 46.63 17.09 338.88 15.69 44.03 35.23 27.00 87.00 17.05 29.85 77.14 23.74 59.69 43.15 41.46 43.03 7,364.40 2,020.94 4,162.41 23.42 68.38 9.04 36.29 65.23 83.85 41.23 32.78 21.65 73.12 70.60 7.37 37.05 92.53 152.06 258.18 58.67 53.07 73.78 17.86 66.16 167.69 119.78 29.55 19.27 42.98 75.98 26.60 30.43 5 P21 TRANS NBR 358033 358034 358035 358036 358037 358038 358039 358040 358041 358042 358043 358044 Grand Total: DATE 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 09/14/2017 VENDOR UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 100.00 29.57 40.68 38.63 37.80 5.50 81.48 42.76 38.63 30.79 87.00 85.42 2,000,260.61. P22 TRANS NBR 5379 5380 5381 5382 5383 5384 5385 P -CARD 5386 5387 5388 5389 5390 5391 5392 5393 5394 5395 5396 5397 5398 Grand Total: DATE 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/01/2017 09/05/2017 09/07/2017 09/08/2017 09/08/2017 09/08/2017 09/08/2017 09/08/2017 09/08/2017 09/08/2017 09/11/2017 09/11/2017 09/13/2017 09/13/2017 ELECTRONIC PAYMENTS - WIRE & ACH VENDOR KIMLEY HORN & ASSOC INC C E R SIGNATURE CLEANING CDM SMITH INC AGENCY FOR HEALTH CARE ADMIN INDIAN RIVER COUNTY SHERIFF CLERK OF CIRCUIT COURT INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS TD BANK, N.A. ATLANTIC COASTAL LAND TITLE CO LLC WEST HEALTH ADVOCATE SOLUTIONS INC NATIONWIDE SOLUTIONS RETIREMENT INC NATIONWIDE SOLUTIONS RETIREMENT INC FLORIDA LEAGUE OF CITIES, INC IRC FIRE FIGHTERS ASSOC ICMA RETIREMENT CORPORATION 1CMA RETIREMENT CORPORATION BENEFITS WORKSHOP FL SDU IRS -PAYROLL TAXES FL RETIREMENT SYSTEM ALLSTATE 1 AMOUNT 4,702.40 15,410.00 1,947.80 13,173.89 3,600,453.65 80,959.25 86,512.34 33,627.14 2,679,903.50 1,171.50 2,148.64 31,578.79 4,220.74 6,690.00 12,057.53 2,145.00 4,549,53 5,930.52 441,507.20 530,172.96 292.22 7,559,154.60 P23 JEFFREY R. SMITH, CPA, CGFO, CGMA Clerk of Circuit Court & Comptroller Finance Department 1801 27th Street Vero Beach, FL 32960 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, FINANCE DIRECTOR THRU: JEFFREY R. SMITH, COMPTROLLER DATE: September 21, 2017 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 15, 2017 to September 21, 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 September 15, 2017 to September 21, 2017. Attachment: ERN P24 TRANS NBR 358045 358046 358047 358048 358049 358050 358051 358052 358053 358054 358055 358056 358057 358058 358059 358060 358061 358062 358063 358064 358065 358066 358067 358068 358069 358070 358071 358072 358073 358074 358075 358076 358077 358078 358079 358080 358081 358082 358083 358084 358085 358086 358087 358088 358089 358090 358091 358092 358093 358094 358095 358096 358097 358098 358099 358100 358101 358102 DATE 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 09/15/2017 CHECKS WRITTEN VENDOR AMOUNT JORDAN MOWER INC 928.87 TEN -8 FIRE EQUIPMENT INC 3,129.80 VERO CHEMICAL DISTRIBUTORS INC 275.30 RICOH USA INC 89.10 VELDE FORD INC 20.57 THOMAS P WHITE 22.00 VERO MARINE CENTER INC 10,364.22 CLIFF BERRY INC 350.00 JERRY SMITH TILE INC 13,345.00 PATTERSON POPE INC 414.95 EXPRESS REEL GRINDING INC 3,500.00 BARTH CONSTRUCTION INC 307,817.88 DELL MARKETING LP 1,153.99 BAKER & TAYLOR INC 4,931.39 MIDWEST TAPE LLC 510.70 MICROMARKETING LLC 125.69 CENGAGE LEARNING INC 84.74 SOFTWARE HARDWARE INTEGRATION 146.00 CITY OF VERO BEACH 1,785.26 LIVINGSTON PAGE 60.00 PUBLIX SUPERMARKETS 58.61 FEDERAL EXPRESS CORP 40.50 SUBSTANCE AWARENESS COUNCIL OF IRC INC 3,132.05 FLORIDA POWER AND LIGHT 2,219.97 PHILLIP J MATSON 196.75 WASTE MANAGEMENT INC 183,991.68 BUILDING OFFICIALS ASSOC OF FLORIDA 476.72 KENNETH JAMES BINGHAM JR 60.00 COUNTY VETERAN SERVICE OFFICERS 160.00 ALAN C KAUFFMANN 160.00 LELCO FB TALLAHASSEE LLL 182.00 LELCO FB TALLAHASSEE LLL 182.00 LELCO FB TALLAHASSEE LLL 204.00 LELCO FB TALLAHASSEE LLL 204.00 FLORIDAASSOC OF CODE ENFORCEMENT 210.00 HOMETOWN NEWS 75.00 ECONOLITE CONTROL PRODUCTS INC 434.00 THE PALMS AT VERO BEACH 657.00 CELICO PARTNERSHIP 1,034.15 CINDY CORRENTE 23.85 VAN WAL INC 210.00 M T CAUSLEY INC 32,480.00 CHRISTINE KELLY-BEGAZO 612.86 MARK PLATE 326.46 OCLC ONLINE COMPUTER LIBRARY CENTER 436.66 MBV ENGINEERING INC 400.00 MICHAEL ZITO 222.54 STAPLES CONTRACT & COMMERCIAL INC 47.19 SAFETY HARBOR RESORT AND SPA 432.00 ELIZABETH POWELL 116.75 PROFESSIONAL PAVEMENT PRODUCTS. INC 1,031.54 GARY L EMBREY 60.00 JOSEPH E FLESCHER 120.15 JOHNNY B SMITH 120.00 CHARLES A WALKER 120.00 BRIAN FREEMAN 230.06 ATLANTIC COASTAL LAND TITLE CO LLC 75.00 HEATHER HATTON 40.00 1 P25 TRANS NBR DATE VENDOR AMOUNT 358103 09/15/2017 MOORE MOTORS INC 3,148.26 358104 09/15/2017 LOWES HOME CENTERS INC 107.51 358105 09/15/2017 MUNICIPAL EMERGENCY SERVICES INC 15,727.70 358106 09/15/2017 KELLY LORRAINE HAMLIN 110.00 358107 09/15/2017 ALEX MIKLO 60.00 358108 09/15/2017 IMPECCABLE SIGNS INC 1,254.70 358109 09/15/2017 NICOLE GRAPPO 16.00 358110 09/15/2017 SEAN MAKI COMMUNICATIONS LLC 483.00 358111 09/15/2017 MARK BAER 686.00 358112 09/15/2017 WADE WILSON 120.00 358113 09/15/2017 MONA MOSHKI FEDERICI 10.00 358114 09/15/2017 RONALD NICHELSON 120.00 358115 09/15/2017 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 425.00 358116 09/15/2017 SYLIVIA MILLER 152,00 358117 09/15/2017 SCRIPPS NP OPERATING LLC 219.00 35811.8 09/15/2017 JOSEPH DIZONNO 120.00 358119 09/15/2017 UNIFIRST CORPORATION 276.33 358120 09/15/2017 SITEONE LANDSCAPE SUPPLY LLC 104.76 358121 09/15/2017 GUARDIAN ALARM OF FLORIDA LLC 165.00 358122 09/15/2017 RUSSELL L OWEN III 60.00 358123 09/15/2017 EZLINKS GOLF LLC 300.00 358124 09/15/2017 DARREN COLE 383.58 358125 09/15/2017 EDWARD ILLIDGE 120.00 358126 09/15/2017 EDUCATION FOUNDATION OF INDIAN RIVER COUNTY 78,297.15 358127 09/15/2017 LESLIE N MUNROE 47.00 358128 09/15/2017 GNS REAL ESTATE HOLDINGS LLC 1,635.00 358129 09/15/2017 DALE R BINTZ 578.00 358130 09/15/2017 COVERALL NORTH AMERICA INC 2,015.00 35813] 09/15/2017 PEOPLE READY INC 2,665.02 358132 09/15/2017 ROBERT O RICHARDSON 111 140.00 358133 09/15/2017 EMILY GOUGE 120.00 358134 09/15/2017 RAUL E VIVANCO 180.00 358135 09/15/2017 KIMBERLY RICCIARDONE 80.00 358136 09/15/2017 UNICOM GOVERNMENT INC 199,977.53 358137 09/15/2017 BETH NOLAN 80.00 358138 09/15/2017 THOMAS R PILIERO 20.00 358139 09/15/2017 HERBERT O CHAMBERS III 168.50 358140 09/15/2017 FLAMINGO SIGNS LLC 200.00 35814 ] 09/21/2017 UTIL REFUNDS 150.32 358142 09/21/2017 UTIL REFUNDS 62.23 358143 09/21/2017 UTIL REFUNDS 43.93 358144 09/21/2017 UTIL REFUNDS 24.35 358145 09/21/2017 UTIL REFUNDS 37.66 358146 09/21/2017 UTIL REFUNDS 40.68 358]47 09/21/2017 UTIL REFUNDS 11.68 358148 09/21/2017 UTIL REFUNDS 72.96 358 ] 49 09/21/2017 UTIL REFUNDS 34.10 358 ] 50 09/21/2017 UTIL REFUNDS 57.42 358151 09/21/2017 UTIL REFUNDS 15.90 358 ] 52 09/21/2017 UTIL REFUNDS 151.33 358153 09/21/2017 UTIL REFUNDS 126.31 358154 09/21/2017 UTIL REFUNDS 81.48 358155 09/21/2017 UTIL REFUNDS 8.79 358156 09/21/2017 UTIL REFUNDS 31.79 358157 09/21/2017 UTIL REFUNDS 52.97 358158 09/21/2017 UTIL REFUNDS 17.79 358159 09/21/2017 UTIL REFUNDS 3.54 358160 09/21/2017 UTIL REFUNDS 85.18 358161 09/21/2017 UTIL REFUNDS 19.88 358162 09/21/2017 UTIL. REFUNDS 37.74 2 P26 TRANS NBR DATE VENDOR AMOUNT 358163 09/21/2017 UTIL REFUNDS 45.74 358164 09/21/2017 UTIL REFUNDS 112.96 358165 09/21/2017 UTIL REFUNDS 55.50 358166 09/21/2017 UTIL REFUNDS 82.32 358167 09/21/2017 UTIL REFUNDS 21.83 358168 09/21/2017 UTIL REFUNDS 16.47 358169 09/21/2017 UTIL REFUNDS 4.51 358170 09/21/2017 UTIL REFUNDS 28.36 358171 09/21/2017 UTIL REFUNDS 42.12 358172 09/21/2017 UTIL REFUNDS 49.28 358173 09/21/2017 UTIL REFUNDS 149.69 358174 09/21/2017 UTIL REFUNDS 67.74 358175 09/21/2017 UTIL REFUNDS 48.08 358176 09/21/2017 UTIL REFUNDS 25.66 358177 09/21/2017 UTIL REFUNDS 74.44 358178 09/21/2017 UTIL REFUNDS 78.73 358179 09/21/2017 UTIL REFUNDS 53.48 358180 09/21/2017 UTIL REFUNDS 37.00 358181 09/21/2017 UTIL REFUNDS 35.33 358182 09/21/2017 UTIL REFUNDS 45.17 358183 09/21/2017 UTIL REFUNDS 17.43 358184 09/21/2017 UTIL REFUNDS 73.74 358185 09/21/2017 UTIL REFUNDS 13.96 358186 09/21/2017 UT.ILREFUNDS 47.95 358187 09/21/2017 PORT CONSOLIDATED INC 54,599.38 358188 09/21/2017 JORDAN MOWER INC 2,289.22 358189 09/21/2017 COMMUNICATIONS INTERNATIONAL 297.00 358190 09/21/2017 COMMUNICATIONS INTERNATIONAL 490.00 358191 09/21/2017 RANGER CONSTRUCTION IND INC 342.04 358192 09/21/2017 VERO CHEMICAL DISTRIBUTORS INC 424.55 358193 09/21/2017 RICOH USA INC 251.83 358194 09/21/2017 SAFETY PRODUCTS INC 72.00 358195 09/21/2017 STEWART MATERIALS INC 3,472.71 358196 09/21/2017 AT&T WIRELESS 550.46 358197 09/21/2017 DATA FLOW SYSTEMS INC 108.45 358198 09/21/2017 PARALEE COMPANY INC 500.00 358199 09/21/2017 E-Z BREW COFFEE & BOTTLE WATER SVC 52.91 358200 09/21/2017 GRAINGER 73.80 358201 09/21/2017 AMERICAS EAGLE PROPANE LP 134.00 358202 09/21/2017 AMERICAS EAGLE PROPANE LP 270.40 358203 09/21/2017 AMERICAS EAGLE PROPANE LP 486.23 358204 09/21/2017 AMERIGAS EAGLE PROPANE LP 1,198.17 358205 09/21/2017 WILD LAND ENTERPRISES INC 19.22 358206 09/21/2017 HACH CO 3,097.87 358207 09/21/2017 LFI FORT PIERCE INC 2,479.09 358208 09/21/2017 HD SUPPLY WATERWORKS, LTD 2,258.76 35.8209 09/21/2017 BOUND TREE MEDICAL LLC 336.45 358210 09/21/2017 FETES CONCRETE 2,350.00 358211 09/21/2017 VERO INDUSTRIAL SUPPLY INC 266.56 358212 09/21/2017 TIRESOLES OF BROWARD INC 1,619.98 358213 09/21/2017 ARMFIELD WAGNERAPPRAISALAND RESEARCH INC 1,750.00 358214 09/21/2017 PHILIP VANVYNCKT 715.00 358215 09/21/2017 THE GOODYEAR TIRE & RUBBER COMPANY 14,544.35 358216 09/21/2017 BAKER & TAYLOR INC 2,369.87 358217 09/21/2017 GO COASTAL INC 308.00 358218 09/21/2017 SUNSHINE REHABILATION CENTER OF IRC INC 30.00 358219 09/21/2017 CLERK OF CIRCUIT COURT 123.43 358220 09/21/2017 ROGER J NICOSIA 1,500.00 358221 09/21/2017 CITY OF VERO BEACH 70,759.85 358222 09/21/2017 CHAPTER 13 TRUSTEE 201.08 3 P27 TRANS NBR 358223 358224 358225 358226 358227 358228 358229 358230 358231 358232 358233 358234 358235 358236 358237 358238 358239 358240 358241 358242 358243 358244 358245 358246 358247 358248 358249 358250 358251 358252 358253 358254 358255 358256 358257 358258 358259 358260 358261 358262 358263 358264 358265 358266 358267 358268 358269 358270 358271 358272 358273 358274 358275 358276 358277 358278 358279 358280 358281 358282 DATE 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 VENDOR UNITED WAY OF INDIAN RIVER COUNTY INDIAN RI VER ALL FAB INC UNITED PARCEL SERVICE INC FERGUSON ENTERPRISES INC FLORIDA DEPT OF EDUCATION CULTURAL COUNCIL OF IRC DEANGELO BROTHERS INC MUNICIPAL CODE CORPORATION FLORIDA POWER AND LIGHT FLORIDA POWER AND LIGHT UNITED STATES LIFESAVING ASSOCIATION HOLIDAY INN WESTIN INNIBROOK RESORT PUBLIC DEFENDER FLORIDA BLUE FLORIDA BLUE STATE ATTORNEY CITY OF FELLSMERE PEACE RIVER ELECTRIC COOP INC NEW HORIZONS OF THE TREASURE COAST CONTRACT SERVICE ENTERPRISES INC LANGUAGE LINE SERVICES INC TROY FAIN INSURANCE INC SKILLPATH SEMINARS INTERNATIONAL CODE COUNCIL INC BRIDGESTONE AMERICAS INC HOMETOWN NEWS MICHAEL QUIGLEY RUSSELL PAYNE INC CELICO PARTNERSHIP VAN WAL INC ALAN HILL CENTRAL PUMP & SUPPLY INC STAPLES CONTRACT & COMMERCIAL INC W F MCCAIN & ASSOCIATES INC GLOVER OIL COMPANY INC ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT ADMIN FOR CHILD SUPPORT ENFORCEMENT SEBASTIAN RIVER AREA CHAMBER OF COMMERCE TREASURE COAST INSIDE TRACK ALMANAC FISHER & PHILLIPS LLP GUARDIAN COMMUNITY RESOURCE MANAGEMENT K'S COMMERCIAL CLEANING WINSUPPLY OF VERO BEACH HMA-SOLANTIC JOINT VENTURE LLC DBA HELPING ANIMALS LIVE -OVERCOME BRENNTAG MID -SOUTH INC WOERNER DEVELOPMENT INC KEMPER BUSINESS SYSTEMS ECMC FLORIDA ARMATURE WORKS INC PROMATIC INC SOUTHEASTERN SECURITY CONSULTANTS INC HEATHER H.ATTON ALTERATIONS BLESSED REPROGRAPHIC SOLUTIONS INC LOWES HOME CENTERS INC CARDINAL HEALTH 110 INC IMPECCABLE SIGNS INC AMOUNT 560.00 932.30 15.72 665.99 277.21 60.00 239.00 1,590.54 87,943.85 1,879.40 730.00 219.98 507.00 3,565.83 1,096.62 1,096.62 9,674.13 553.83 364.07 23,931.00 2,540.00 79.83 123.00 299.00 9,119.72 1,823.65 550.00 130.00 706.65 2,279.24 510.00 66.89 261.50 71.96 2,125.00 2,308.69 284.97 288.84 161.16 6,122.02 350.00 159.00 250.00 2,533.89 1,519.85 195.00 62.00 7,591.49 1,226.00 27.50 260.29 2,612.27 508.15 18.50 70.00 98.00 4.68 812.12 67.91 720.00 4 P28 TRANS NBR DATE VENDOR AMOUNT 358283 09/21/2017 SOUTHERN MANAGEMENT LLC 1,490.00 358284 09/21/2017 KANSAS STATE BANK OF MANHATTAN 1,167.37 358285 09/21/2017 CHEM TRADE CHEMICALS CORPORTATION 2,274.07 358286 09/21/2017 SAMBA HOLDINGS INC 1,528.26 358287 09/21/2017 COLONIAL HEIGHTS ACQUISITION LP 500.00 358288 09/21/2017 FAMILY SUPPORT REGISTRY 156.45 358289 09/21/2017 MONA MOSHKI FEDERICI 10.00 358290 09/21/2017 AMERITAS 26,972.64 358291 09/21/2017 ARROW JNTERNATIONAL 2,200.00 358292 09/21/2017 RELIANT FIRE SYSTEMS INC 350.00 358293 09/21/2017 SYLIVIA MILLER 2,190.00 358294 09/21/2017 HAWKINS INC 746.75 358295 09/21/2017 SHOWER TOWER INC 461.45 358296 09/21/2017 ANFIELD CONSULTING GROUP INC 10,000.00 358297 09/21/2017 CATHEDRAL CORPORATION 1,417.37 358298 09/21/2017 GERELCO TRAFFIC CONTROLS INC 6,972.00 358299 09/21/2017 BIG RJ INC 1,000.00 358300 09/21/2017 UNIFIRST CORPORATION 900.00 358301 09/21/2017 CDA SOLUTIONS INC 16,194.47 358302 09/21/2017 SITEONE LANDSCAPE SUPPLY LLC 206.53 358303 09/21/2017 ADVANCE STORES COMPANY INCORPORATED 58.50 358304 09/21/2017 DENISE GILLESPIE 60.00 358305 09/21/2017 EGP DOCUMENT SOLUTIONS LLC 128.53 358306 09/21/2017 NORTH AMERICAN OFFICE SOLUTIONS INC 33.86 358307 09/21/2017 ALL SAFE INDUSTRIES INC 3,603.29 358308 09/21/2017 AC VETERINARY SPECIALTY SERVICES 253.69 358309 09/21/2017 CKJ GOLF SALES LLC 325.00 358310 09/21/2017 PEOPLE READY 1NC 5,509.73 358311 09/21/2017 RAULE VIVANCO 48.00 358312 09/21/2017 COLE AUTO SUPPLY INC 2,448.70 358313 09/21/2017 MARISA ALEXANDER 76.00 358314 09/21/2017 KIMBERLY RICCIARDONE 40.00 358315 09/21/2017 SUPERSAFE LIBRARY SECURITY INC 14,200.00 358316 09/21/2017 US DEPT OF TREASURY 112.53 358317 09/21/2017 GILL GROUP INC 971.97 358318 09/21/2017 CORE & MAIN LP 6,735.79 358319 09/21/2017 HEALTH WELL SOLUTIONS LLC 16,675.00 358320 09/21/2017 UTILREFUNDS 61.38 358321 09/21/2017 UTILREFUNDS 35.47 358322 09/21/2017 UTILREFUNDS 46.65 358323 09/21/2017 UTILREFUNDS 67.74 358324 09/21/2017 UTILREFUNDS 35.33 358325 09/21/2017 UTILREFUNDS 19.29 358326 09/21/2017 UTILREFUNDS 7.98 358327 09/21/2017 UTILREFUNDS 62.06 358328 09/21/2017 UTIL REFUNDS 29.57 358329 09/21/2017 UTILREFUNDS 25.74 358330 09/21/2017 UTILREFUNDS 14.54 358331 09/21/2017 UTIL REFUNDS 90.95 358332 09/21/2017 UTIL REFUNDS 31.57 358333 09/21/2017 UTIL REFUNDS 26.33 358334 09/21/2017 UTIL REFUNDS 38.83 358335 09/21/2017 UTILREFUNDS 65.23 358336 09/21/2017 UTILREFUNDS 79.90 358337 09/21/2017 UTILREFUNDS 28.13 358338 09/21/2017 UTIL REFUNDS 85.43 358339 09/21/2017 UTILREFUNDS 49.86 358340 09/21/2017 UTIL REFUNDS 121.26 358341 09/21/2017 UTIL REFUNDS 34.41 358342 09/21/2017 UTI]_ REFUNDS 24.93 5 P29 TRANS NBR 358343 358344 358345 358346 358347 358348 358349 358350 358351 358352 358353 358354 358355 358356 358357 358358 358359 358360 358361 358362 358363 358364 358365 358366 358367 358368 358369 Grand Total: DATE 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 VENDOR UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS UTIL REFUNDS AMOUNT 16.34 50.50 33.21 45.13 67.43 37.56 17.37 75.16 37.55 62.95 73.12 33.30 16.41 52.69 27.81 40.13 27.16 36.57 40.13 80.86 38.35 26.60 12.42 45.51 80.86 11.64 35.33 1,378,013.65 6 P30 TRANS. NBR 1012059 1012060 1012061 1012062 1012063 1012064 1012065 1012066 1012067 1012068 1012069 1012070 1012071 1012072 1012073 1012074 1012075 1012076 1012077 1012078 1012079 1012080 1012081 1012082 1012083 1012084 1012085 1012086 1012087 1012088 1012089 Grand Total: ELECTRONIC PAYMENT - VISA CARD DATE 09/15/2017 09/15/2017 09/15/2017 09/18/2017 09/18/2017 09/18/2017 09/18/2017 09/18/2017 09/18/2017 09/18/2017 09/18/2017 09/18/2017 09/18/2017 09/18/2017 09/18/2017 09/18/2017 09/18/2017 09/18/2017 09/18/2017 09/18/2017 09/18/2017 09/19/2017 09/19/2017 09/19/2017 09/20/2017 09/20/2017 09/20/2017 09/20/2017 09/20/2017 09/20/2017 09/20/2017 VENDOR AT&T OFFICE DEPOT BSD CUSTOMER SVC COMCAST EVERGLADES FARM EQUIPMENT CO INC COLD AIR DISTRIBUTORS WAREHOUSE INDIAN RIVER BATTERY INDIAN RIVER OXYGEN INC MIKES GARAGE & WRECKER SERVICE INC DAVES SPORTING GOODS & TROPHIES APPLE INDUSTRIAL SUPPLY CO SMITH BROTHERS CONTRACTING EQUIP ALLIED UNIVERSAL CORP FIRST HOSPITAL LABORATORIES INC COMPLETE ELECTRIC INC ESRI INC CONSOLIDATED ELECTRICAL DISTRIBUTORS INC BENNETT AUTO SUPPLY INC HYDRA SERVICE (S) INC HORIZON 'DISTRIBUTORS INC FILTRATION GROUP CORPORATION NEXAIR LLC OFFICE DEPOT BSD CUSTOMER SVC WASTE MANAGEMENT INC COMCAST SSES INC COPYCO INC SOUTHERN COMPUTER WAREHOUSE PERKINS INDIAN RIVER PHARMACY GLOBAL GOLF SALES INC RADWELL INTERNATIONAL INC PACE ANALYTICAL SERVICES INC AMOUNT 3,424.66 5,126.56 104.85 405.65 960.63 1,644.25 3,334.50 350.00 1,806.56 152.37 163.21 7,502.87 741.75 855.51 62,260.00 74.25 89.91 671.00 346.30 864.00 11.83 940.16 1,370.79 59.90 1,369.47 54.90 731.07 8.60 205.31 200.52 9,740.50 105,571.88 P31 TRANS NBR 5399 5400 5401 5402 5403 5404 5405 5406 5407 5408 5409 5410 5411 5412 5413 5414 5415 5416 Grand Total: ELECTRONIC PAYMENTS - WIRE & ACH DATE 09/15/2017 09/15/2017 09/15/2017 09/18/2017 09/18/2017 09/18/2017 09/18/2017 09/18/2017 09/18/2017 09/19/2017 09/19/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 09/21/2017 VENDOR VETERANS COUNCIL OF I R C RUSSELL PAYNE INC WRIGHT EXPRESS FSC MUTUAL OF OMAHA FLORIDA DEPARTMENT OF REVENUE FLORIDA DEPARTMENT OF REVENUE FLORIDA DEPARTMENT OF REVENUE FLORIDA DEPARTMENT OF REVENUE IRS -PAYROLL TAXES SCHOOL DISTRICT OF I R COUNTY MUTUAL OF OMAHA INDIAN RIVER COUNTY TAX COLLECTOR TREASURE COAST TITLE AGENCY INC ATLANTIC COASTAL LAND TITLE CO LLC INDIAN RIVER COUNTY SHERIFF SENIOR RESOURCE ASSOCIATION FIRST AMERICAN TITLE INSURANCE CO I R C HEALTH INSURANCE - TRUST AMOUNT 6,352.84 109,455.10 18,378.86 7,102.61 9,029.01 550.58 2,572.83 1,510.17 20,657.64 135,832.00 16,493.39 18,269.64 10,000.00 324,319.50 519,300.00 326,743.39 10,000.00 171,966.24 1,708,533.80 1 P32 CONSENT: 1013117 S. C Office of INDIAN RIVER COUNTY ATTORNEY 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 Attorney DATE: September 14, 2017 SUBJECT: Wild Turkey Sand Mine — Fourth Phase Cash Deposit and Escrow Agreements for Compliance and Restoration In 2009 the Planning and Zoning Commission approved the request for major site plan and administrative permit use approval for a sand/coquina mine known as Wild Turkey; and both compliance and restoration security in the form of cash were posted for Phase 1. Phase 1 was restored and, in June of 2015, the posted funds were transferred to the second phase. The second phase was thereafter restored and the funds were then transferred to the third phase. The third phase has now been restored to the satisfaction of the County based on site inspection, and the developer is ready to proceed to the fourth phase and wishes to transfer those funds presently in escrow with the County from the third phase to its fourth phase. Attached for your approval are both the compliance and restoration Cash Deposit and Escrow Agreements for the fourth phase - the compliance security is in the amount of $49,800.00; and the restoration security is in the amount of $67,710.90. Both agreements earmark the transfer of the funds. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the two compliance and restoration Cash Deposit and Escrow Agreements with regard to the transfer from the third phase to the fourth phase. /nhm attachments P33 FOURTH PHASE CASH DEPOSIT AND ESCROW AGREEMENT FOR COMPLIANCE RE: WILD TURKEY SAND MINE SP -MA -07-10-34 (2004120019-59695) THIS AGREEMENT is entered into this day of 2017, by and between Wild Turkey Estates of Vero, L.L.C., a Florida limited liability company (Developer), Duane C. Pankratz, party posting security (Funder), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County): WITNESSETH: WHEREAS, Developer is mining certain property within Indian River County and is required to post security insuring compliance with the requirements of the approved mining site plan; Indian River County Code Section 934.07; and restoration of the site; and WHEREAS, in March, 2011, Funder posted $49,800.00 cash to guarantee compliance with the requirements of the approved mining site plan for Phase I; said Phase 1 having since been restored to the satisfaction of the County based on site inspection, and the posted funds were transferred to the second phase; and WHEREAS, the second phase was restored to the satisfaction of the County based on site inspection, and the Developer transferred the entire $49,800 cash from the second phase to the third phase; and WHEREAS, the third phase has now been restored to the satisfaction of the County based on site inspection, and the Developer is now desirous to move into the fourth phase; and WHEREAS, Developer and Funder wish to transfer the entire $49,800.00 cash being held by County, from the third phase to the fourth phase, NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows: 1. The Developer and Funder agree to the transfer of the entire $49,800.00 from the third phase to the fourth phase, as depicted on the attached map; said sum shall continue to be held in escrow by the County Office of Management and Budget (Escrow Agent), but earmarked/obligated for the fourth phase, subject to the terms, conditions and covenants of this escrow P34 agreement as assurance that Developer shall perform in all respects the obligations of Indian River County Code Chapter 934 with respect to site plan compliance. 2. Upon completion of the restoration of each mine phase, the Developer or Funder may obtain a disbursement from the escrow account by making a written request to Indian River County's Community Development Director. The request shall specify the amount of disbursement, and shall be accompanied by a sealed certificate from Developer's engineer that the mine is in compliance and has been restored in accordance with the most recent set of plans approved and on file with the County. 3. Within seven (7) working days after receipt of a disbursement request, the Community Development Director shall cause an inspection of the work for which payment is sought. If the Community Development Director is satisfied in all respects with the condition of the site and certifications, the Community Development Director shall deliver written notice to disburse to the County Office of Management and Budget. Upon receipt of the notice to disburse, the Office of Management and Budget shall make the disbursement described therein directly to Funder (the party that posted the funds), or its legal representatives, heirs, successors or assigns, absent bankruptcy, court order, or an assignment. 4. Upon failure to comply with all the requirements of the site plan approval, including but not limited to unapproved off-site discharge of water, failure to confine hauling to approved hauling routes, operating in violation of the safety/security plan, excavating within required setbacks, mining of additional phases prior to restoration of the previous phase, and activity not consistent with permits issued by other jurisdictional agencies; or if Developer fails to perform all or any part of the obligations of restoration and reclamation, including, but not limited to mine abandonment prior to restoration, restoration not completed within the approved time frame, restoration not consistent with Chapter 934 of the Indian River County Code, and restoration activity not consistent with permits issued by other jurisdictional agencies, the County may utilize escrowed funds to achieve compliance or restoration. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County. Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has failed to comply with Indian River County Code Chapter 934 site plan or restoration conditions of the mining approval, and that said funds are necessary to achieve compliance. All funds disbursed to County in excess of the final amount determined necessary by the County shall be returned to Funder (the party that posted the funds), or its legal representatives, heirs, successors or assigns, absent bankruptcy, court order, or an assignment, at the completion of site restoration 2 P35 5. Any interest earned during the term of escrow, Tess administrative expenses, shall be disbursed at close of escrow unless necessary for County to utilize in cure of developer's default. 6. The funds deposited hereunder exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, materialman, architect, engineer, attorney or other party providing labor, material, supplies, or services to Developer and/or Funder while such funds remain subject to this escrow agreement. The County shall not be liable to any of the aforementioned parties for claims against the Developer relating to the approved mining site. 7. Alternate security, in the form of performance bonds or letters of credit, may be substituted with the approval of the County Attorney. 8. This Agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or understanding, except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, and executed by authorized representatives of each party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. The effective date of this Agreement shall be the date of approval by the Board of County Commissioners. Signed in the presence of: sign nam print nam sign name: print name: Date: V Signed in th sign nam print name: esence of: WILD TURKEY ESTATES OF VERO, L.L.C., a Florida limited liability company By. Duane C. Pankratz nager DEVELOPER sign name: print name: Date:g 5/— uane C. Pankratz 3 NDER P36 ATTEST: _ Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk OFFICE OF MANAGEMENT AND BUDGET BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman BCC approved: (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: By: Michael Smykowski OMB Director 4 ylan Reingold County Attomey P37 WMr.•NIMM Mr.= ti loyfig..FUMLral WOCW e -%0.3d:0 .W .2 .17.ValtrithreSESSVilear IMMO Mt•M LAT:TfASIT allri Fill.3Ti..�srrl"y tiEI IMILIPOD r82." 1°"r. LAP • • 1 1 • I C• 110E VIAL at 10 WM n 8823.8COMM01 1N• C 4182 SMUT •aQ0•MWl88 I'�ryy4 a { 1 1 1 1 i MOM IS. NOM 2111.1 Mi•mN WAXY .MW M.9 Wim, iiW MSSIMS �o�Irawo•wnmMlC MN as 1211•1310 eeaalm.O<wwer a NallienaMUM wUI as OM M YMr 4 In a .ant •rM•at.a.. •ef••••1.nnMOS MAL •.len N..rrrwSPEtallettsrer pwr M•. Mot lizah nMaM PaOMMW 111Mit 00.1 M• MOM•ra rl ror SZI MIS RSr 1 .clrlOrr1 r r1Y AM OS OM! UM •• I011101 MOM SS MI MS CIS •rM{01rrM a1! 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SHEET 13 tam M•tr1..Yn .s••rr.IM•IM•.Mr.wrr rr ..11.s *i ="=•••..":"..:411"="1=4r. 4F....r���� .rr�LrM ���ii.Vli•�i•...rr...+.i�i•iAir r .W...•.Sw24d.Frwr• .�iwr rinn w.7h:�i7'w::n: •r..1r.. r Ms. r•wrlrrrl •••Y.11•01••Yr.....Mr1111.0Y• W..•• rr/..rr 111•••••••17. =Imo :.....r.r.s.YrMrwr•r •rrMr••rwrrr+•••••••..rrrM r r••�VAX.•r_r•_r.•.rr.r ••==.• =0 woe Y:!'S'?:.Z.•r""r'w+.rlora raer.r.r....•r....rrr..w•ww...rr Y ••.M•1•.rMom s•••••••••••••••••,••••••••••••••• Yr.grM•rMMrr•r• roe rr•..••Naar +r••. rM.mom .MY.r.r•.•rremora . ab. rw•...new r r•r.•.r.•rr ▪ •.w.• rrr+•r.r•w• r•••.•• Y rm.. worm •.•oft* o. •••••••• r•Yrr r•r•..Mr r.• &•.M r•••• rr.r•.• M •Mu. r•*1rll••Mlr•Mi•MMM.YYr1.M.M.•.rrr..41•rrY•.M.*es low plus •..• o ✓ r r. r•rr._w+rw.•.•w.•rr•alos •.• MI* l...rr W to -140 •Mr-tr•r poi 10.441•11.r.•••1•• trl. •:. � .••M�w�! .� rrr rM.r ::LT 1'LJtrr t�"L: 'L'S•CMr• nMi =trit io =.M•.Lr.l• br.r•rwa.r•Mrr•.•_YJ••=•"Mr Inen MMgqYYIest alma t4aMr. FOURTH PHASE IS LABELED AS PHASE 4 AND IS HIGHLIGHTED IN BLUE Cg m hi! .„gK 9; 1yW agie. Yr Mar C••3 FOURTH PHASE CASH DEPOSIT AND ESCROW AGREEMENT FOR RESTORATION RE: WILD TURKEY SAND MINE SP -MA -07-10-34 (2004120019-59695) THIS AGREEMENT is entered into this day of 2017, by and between Wild Turkey Estates of Vero, L.L.C., a Florida limited liability company (Developer), Duane C. Pankratz, party posting security (Funder), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida (County): WITNESSETH: WHEREAS, Developer is mining certain property within Indian River County and is . required to post bonds insuring compliance with the requirements of the approved mining site plan; Indian River County Code Section 934.07; and restoration of the site; and WHEREAS, in March, 2011, Funder posted $83,867.74 cash to guarantee compliance with the restoration requirements of the approved mining site plan for Phase 1; and in May, 2011 the posted security was reduced to $67,710.90 due to a portion of the restoration requirements being already posted with Sebastian River Improvement District for canal right-of-way restoration; and WHEREAS, Phase 1 was restored to the satisfaction of the County based on site inspection and the posted funds were transferred to the second phase; and WHEREAS, the second phase was restored to the satisfaction of the County based on site inspection, and the Developer transferred the entire $67,710.90 cash from the second phase to the third phase; and WHEREAS, the third phase has now been restored to the satisfaction of the County based on site inspection, and the Developer is now desirous to move into the fourth phase; and WHEREAS, Developer and Funder wish to transfer the entire $67,710.90 cash being held by County, from the third phase to the fourth phase, NOW, THEREFORE, in consideration of the agreements, promises, and covenants set forth herein, and other good and valuable considerations, the parties hereto agree as follows: 1 P39 1. The Developer and Funder agree to the transfer of the entire $67,710.90 from the third phase to the fourth phase, as depicted on the attached map; said sum shall continue to be held in escrow by the County Office of Management and Budget (Escrow Agent), but earmarked/obligated for the fourth phase, subject to the terms, conditions and covenants of this escrow agreement as assurance that Developer shall perform in all respects the obligations of Indian River County Code Chapter 934 with respect to site restoration. 2. Upon completion of the restoration of each mine phase, the Developer or Funder may obtain a disbursement from the escrow account by making a written request to Indian River County's Community Development Director. The request shall specify the amount of disbursement, and shall be accompanied by a sealed certificate from Developer's engineer that the mine is in compliance and has been restored in accordance with the most recent set of plans approved and on file with the County. 3. Within seven (7) working days after receipt of a disbursement request, the Community Development Director shall cause an inspection of the work for which payment is sought. If the Community Development Director is satisfied in all respects with the condition of the site and certifications, the Community Development Director shall deliver written notice to disburse to the County Office of Management and Budget. Upon receipt of the notice to disburse, the Office of Management and Budget shall make the disbursement described therein directly to Funder (the party that posted the funds), or its legal representatives, heirs, successors or assigns, absent bankruptcy, court order, or an assignment. 4. Upon failure to perform all or any part of the obligations of restoration and reclamation, including, but not limited to mine abandonment prior to restoration, restoration not completed within the approved time frame, restoration not consistent with the restoration plan and Chapter 934 of the Indian River County Code, and restoration activity not consistent with permits issued by other jurisdictional agencies, the County may utilize escrowed funds to achieve restoration. All funds remaining in the escrow account at the time default is declared by the County shall be available for use by the County. Said funds shall be disbursed to the County upon receipt by the Office of Management and Budget of a certified copy of a resolution of the Board of County Commissioners stating that Developer has failed to comply with Indian River County Code Chapter 934 restoration conditions of the mining approval, and that said funds are necessary to achieve restoration. All funds disbursed to County in excess of the final amount determined necessary by the County shall be returned to Funder, its legal representatives, heirs, successors or assigns, absent bankruptcy, court order, or an assignment, at the completion of site restoration. 5. Any interest earned during the term of escrow, less administrative expenses, shall be disbursed at close of escrow unless necessary for County to utilize in cure of developer's default. 2 P40 6. The funds deposited hereunder exist solely for the protection, use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any contractor, subcontractor, laborer, materialman, architect, engineer, attorney or other party providing labor, material, supplies, or services to Developer and/or Funder while such funds remain subject to this escrow agreement. The County shall not be liable to any of the aforementioned parties for claims against the Developer relating to the approved mining site. 7. Altemate security, in the form of performance bonds or letters of credit, may be substituted with the approval of the County Attorney. 8. This Agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any prior agreement, discussion, or understanding, except as specifically mentioned herein. This Agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, and executed by authorized representatives of each party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals. The effective date of this Agreement shall be the date of approval by the Board of County Commissioners. Signed in the presence of: sign name. print name: WILD TURKEY ESTATES OF VERO, L.L.C., a Florida limited liability compa sign name: print print name: LfG'jGl � f 1� Date: Signed in th = • resence of: sign nam print name: sign name: print name: Date: _; �% 7 Pankratz, Manag DEVELOPER 3 Duane C. Pankratz NDER P41 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk OFFICE OF MANAGEMENT AND BUDGET By: Michael Smykowski OMB Director BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman BCC approved: (SEAL) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: 4 ylan an Reingo ld County Attomey P42 .Y,.MM•1•r gAa :�� ntk�snas,�s 11 •••0O LAMY .rrr.+rr.rr..Y PIP:" itleM x eg6TEMr:-est eS�uY�3ir��Fw, .rr O• 1...1111 M� ILIMIWal reartMirrsa =Web rr•0 REIN*. .46•DTMILE r MMrYaMr•••aw ono Aims raui1C=.317,40110 r.. 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SWUM WO rwa.A.r r rr • LAO .r Awl 721i i,SMiw.lo M Yr wa YW� at NAY s•Alw 11MOwbMMunnn..•Ow .. � R'.y�. ..f".�S Tom' a •. .e.. SEE ENTRANCE ��}}�L,�� DETAIL, SHEET 13 4nTralaww•a :SL:wSi':.""'rn.'=4"::.:wrr. r1.1 :14"='�"rrrkrirperksi"i r= :^"w LRr ra.r YYr�rrrwr.w..Yrr.rwr.rwmt. Y ar.wr.••••••••10.1. y+rAlwMA.MY10•0 MI woo w.rMraw ���A.�M.w1=•=41r. a11 �ir~Y�.riY..r. r�.r.. pO.rr.r.rr.�..wwwwr..4r rrlMrMw.trb P •.w.wra.r.rAl r.ar..rr•..rw.Yana .Oar.. r•r•.rr.wr.Ar• rem ..r...nrrr.r.wum ma�� A Y..rn..r�•rM....AM HIAA NAM .rf.rr Mr SI A..r ••••.4 .Orr.r••••••.wr0.14414.rwr..w0rr•••/441•11r•••rwr A..,rr•••••• ••r .11111.1•11.01.M...rY•wY www••••••••...w.w...... 1...w1.,..w.w..IwY. Y.;a....ri..rrzI.. A•. rO I M f .00•101.01••ite .• 00 ••••••••••••••000.0.4.• rrT....IItyDa.iw==aVeersga=•••••wyy_w YYrrMr ".." Y Y .iw_.Yw.iN `C r ez H.Y=2 rw•1w.,MOM••r 0 •••••• : F1.07=:X.r: 1'73 S`.3C t 3r�rs.�L..rr :......`3r FOURTH PHASE IS LABELED AS PHASE 4 AND IS HIGHLIGHTED IN BLUE VESSE•rrwarr Me. 1•00•1144.44.••••••••74 1144 .w. •rrM•.wo ' V• SMIC ✓ a INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT, TO: Jason Brown, County Administrator �> THROUGH: Richard B. Szpyrka, P.E., Public Works Director l� FROM: James W. Ennis, P.E. PMP, County Enginee SUBJECT: Change Order No. 1, Final Payment and Release of Retainage IRC Go -Line Transfer Hub IRC Project No. 1330, Bid No. 2016019 DATE: August 22, 2017 DESCRIPTION AND CONDITIONS On July 12, 2016, the Board of County Commissioners awarded Bid No. 2016019 to Barth Construction, Inc. in the amount of $1,780,074.06 for the construction of the new Indian River County Go -Line Bus Transfer Hub Facility a 1,732 square foot structure with bathrooms and open air waiting areas, 3,410 square feet of pre -manufactured aluminum structures providing covered walkways and shelter for riders, and 1.60 acres of site improvements that include parking, lighting, landscaping, stormwater treatment and space to accommodate eight bus routes. Construction of the project is complete and Change Order No. 1 is intended to make final adjustments to contract bid items and contract time to decrease the total contract price by $45,879.80 for a final cost of $1,734,194.26 and to add time due to additional work requested by the County and justified delays. Barth Construction, Inc. has been paid $1,645,492.40 with $86,604.86 held in retainage. Barth Construction, Inc. has submitted Pay Application No. 9 for final payment and release of retainage in the amount of $88,701.86. The Contractor has requested 21 days be added to the contract time. Once final releases of liens from all Barth Construction, Inc. subcontractors have been received, reviewed and approved, payment will be processed. FUNDING Funding is available from: MPO/Planning/Transit Hub Project Account No. 12420415-066510-10802 $2,097.00 MPO/Planning/Transit Hub Project/Retainage Account No. 124-206001-10802 $86,604.86 Indian River County received grant funding in the amount of $1,518,642.32 for design and construction of this project from Federal Transit Authority ($1,150,000.00) and Florida Department of Transportation ($368,642.32). The balance of the project will be funded with a transfer from Secondary Roads/Gas Tax. F:Wublic Works\ENGINEERING DIVISION PROJECTS\1330-GoLine Bus Transfer Hub FacilityWdmin\agenda items\Final Change Order No. 1\BCC Agenda Final Pay Release of Retainage CO 1 (002).doc P44 Page 2 BCC Agenda Item for IRC Go -Line Transfer Hub BCC - Change Order No. 1, Final Payment and Release of Retainage RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Barth Construction, Inc. Pay Application No. 9 for final payment and release of retainage in the amount of $88,701.86. ATTACHMENTS 1. Barth Construction, Inc. Pay Application No. 9 2. Change Order No. 1 3. Description of Itemized Changes DISTRIBUTION 1. Deward Howard, Jr., Construction Coordination Manager 2. Donald Keith, Senior Engineering Inspector 3. Barth Construction, Inc. APPROVED AGENDA ITEM FOR OCTOBER 3, 2017 F:\Public Works\ENGINEERING DIVISION PROJECTS\1330-Goline Bus Transfer Hub Facility \Admin\agenda items\Final Change Order No. 1\BCC Agenda Final Pay Release of Retainage CO 1 (002).doc P45 SECTION 00622 - Contractor's Application for Payment I.R.C. Go Line Transfer Hub Application for Payment No. For Work Accomplished through the period of 03/20/17 through 04/23/17 9 To: Indian River County (OWNER) From: Barth Construction, Inc. (CONTRACTOR) Bid No.: 2016019 Project No.: 1330 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: 2. Net change by Change Orders and Written Amendments (+ or-): 3. Current Contract Price (1 plus 2): 4. Total completed and stored to date: 5. Retainage (per Agreement): 0% of completed work Total Retainage: 6. Total completed and stored to date less retainage (4 minus 5): 7. Less previous Application for Payments: 8. DUE THIS APPLICATION (6 MINUS 7): $1,780,074.06 $1,780,074.06 $ 1,734,194.26 $ 000.00 $1,734,194.26 $1,645,492..40 $88,701.86 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; 00622-1 F:1Public Works\ENGINEERING DIVISION PROJECTS\1330•I.R.C. Goline Transfer Hub1Adminlbld documents Master Contract Documents100622- Contractos Application for Payment- 03-10 rev.doc Rev. 05/01 00622 - Contractor's Application for Payment - 03-10 rev P46 2. Updated Construction Schedule per Specification Section 01310 Dated 6/2qb "7 STATE OF FLORIDA COUNTY OF INDIAN RIVER NTRACTOR-must be signed by fficer of the CorporAO- tion) sO � rd fC C 11,__ Print Name and Title Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared r ---I n/ 5/(< ! , who being by me first duly sworn upon oath, says that he/she is the /�T44c�i7C, 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 Contractor's Application for Payment and Contractor's 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 this2s4 day of Jade- , 20 /7 - .1 -ryr/ / /i 3 is personally known to me or has produced as identification. NOTARY PUBLIC: /l ait.ec›.._-/.�. (SEAL) Printed name: %Yitz,04/ /1. 7zz 7< • AMRION H. TUPB( MY COMMISSION # FF 973380 WIRES: Juy 21, 2020 Bonded ileo Notary PuMc UndMwdlen Aril/ • ♦/r Please remit payment to: Contractor's Name: Address: Commission No.: 97.33 Commission Expiration: 7/2./AD **************************************************************************************************** [The remainder of this page was left blank intentionally] 00622-2 F:1Public Works\ENGINEERING DIVISION PROJECTS11330-I.R.C. Goline Transfer Hub \Adminlbld documents\Master Contract Documents 100622- Contractos Application for Payment- 03-10 rev.doc Rev. 05/01 00622 - Contractor's Application for Payment - 03-10 rev P47 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The ,S u United Fire & Casualty Company PO Box 73909, Cedar Ra2jsIsLIA 52407-3909 f corporation, in accordance with Ptblic Construction Bond Number 54-210441 a IA consents hereby to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY: Attest: United Fire & Casualty Company cretary Susan L. Reich Corporate Surety PO Box 73909 Cedar Rapids, IA 52407-3909 Business Address BY: 10 -UA i^o� .� Print Name: Teresa I-.-DLIr-bal) Title: Attorney -In -Fact & FL LicePsed Resid Aggat(407) 786-7770 STATE OF FLORIDA COUNTY OF INDIAN -RIVER ORANGE (Affix Corporate SEAL) Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Teresa L. Durham " to me well known or who produced N/A as identification, who being by me first duly sworn upon oath, says that he/she is the Attomey-In-Fact for United Fire*and that he/she has been authorized by United Fire* 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 26th day of June ,20 17 *& Casualty Company Bart ;� NotoryPublic State of Fiorldta Lisa Roselerxl ai My Corarni&0ion I F 10660. Expires 0 3/2f 1201 P Notary Public, State of Florida s My Commission Expires: 3/25/2018 Lisa Roseland #***********#*****k********************************************************************************* [The remainder of this page was left blank intentionally] 00622 -Contractor's Application for Payment - 03-10 rev 00622-3 FlPublic Works\ENGINEERING DIVISION PROJECTS11330-I.R.C. Gonne Transfer HublAdminlbld documents\MaeterContract Documente100622- Contractor's Application for Payment -03.10 mv.doc Rev. 05/01 P48 -• -'' .,'' i:::.:•.: .. „ :••••• ::,:-: , 7,. ,.- • ; • ,,, .: ,. . <- . UNITED FIRE &...::CASIJALTY ,..cpgPANY: . CEDAR RAP_, lEIS...,4A „:, .....;: ..... ii:-., '.:.::,•:,::..:,' .-.. • :.,:: • .:'..„ •<.• ' -...-..:..-::UNITED FIRE:'&:'UNDE/tINITY:COIRANYi.WEBSTER, TX -.''.:.:litiptirles: SUreti„.Departiiiint .: „ : , . :„ ..—. .• .. , .: FINANCIAL PACTFIC INSURANCE COMPANY, ROCItLIN, CA 4., ::, ,, - - - - - .„-•• 118 Secinid Ave SE CERTIFIED COPY OF POWER OF ATTORNEY Cedar Rapids, IA 52401 -.,.. . . , , • •• .:,":. (original Ofileat Hoine':Office of CompaitY- See Certificationj..:.'i''.;: , . .:•5':•:.'-',..;.",,:.:•., -:.,-.I:j:',...,:::‘:.: , , ..„... :!,•-.. KNOW ALL PERSONS BY TRESE PRESENTSThat-MI-TED:FIRE& CASUALTY COMPANY, E:Cerporatioitituly:organizedandeXisting-ihdef the la*. -S .0 the State ciElmVa; UNITED.FIRE:&:INDEMNITY COMPANY, a cOrnortitioMdulY orgatiiied and-eXialingAtUdet the laWa of -the State of .:'.. ,. „-:' .•'.:, •:•.:i., Textia;-and FINANCIAL :PAP VIC:INSURANCE PPM1A1Wa cOOotatirin duly-. orgatlie4.4114::eXISting under the as 0 .tli State0' -.:cailfoiuja, ..„....• ,, .„ •,,„ • .„,... .. :„. . ..,-. „...... ..„. .. , (hettinCellectively Calterithe„Comprinie4lindhaving. tkeir 6Orperateheadquarters ni.Cedrir g#_pidk:StaW`ififloiiii, dees.inake icititituteand appoint- -,-..•: -.: EIliii;:t -. NIV, JE:Pf.)30f:::'W . RE'relt:',...SUSANA..:::".REICH•%;TERESA L . DURHAM ':- GLORT*A...:-,RICHAAPS.,:' DN EtRAMLAGE , -..;.-..-,.. ,,,,,,, • LISA ROSELAND, CHERYL FOLEY , GLENN ARVANII:IS , SO.;NJ:„A„ .AMANDA:; FL0... RE....E HA.R.R. I,. S , EACH: _. INDIVIDUALLY...:., of.......:.,:,.: ... .., • ..•• . 4 .. , ' . ',' ..,/,. ' • , ' , ' , , ', : . r. .., • .. ... - ''. : .. . • . :. theirt,,.-ii aitdia..v._fill'.A......ite,,,.ley(S)ziti-Fact with power iii.drtithOrity herehy COI it.r. a tr/ ':' I il'e-ute in its behalf alt awful bendittiertaltifigs a and i ' '1'•' ':' ' . .'. '...;Of said A!!PrilY) F111-.4-41. '77-.7'.':. °!!,' ''''I's...',, '•;''.. ''.. ...," anditkethe acts,....... ,..,,.., :.: ..„ .,.,..„, ..ii iii.einainiii m rottevi ., bind the COnip.a..niesthereb) as...-ffillyair,tcliiitot, sillieth4A..•1114.7htqNr:by) • :g 4.,.. 4an obligatory instrumen..ts of sillily 1.11:Imre provtded that no single obldigha6tiii)tonyshnia:ilfieoxce:.aend4:c0$!1001,; 0,,O 0,:0:: 0.9,.::,,. 7. er::,...,9..:.:....,_ ;,..,.,. ,..... , .. ,.,.,:.. .,.:.,.... ..,..„ ‘ ....a .n.71.1t.Y.:lie.':citilY tilort7,eC1 Cig:... f the Comp.., intle! ..„..:.:. td other tit aa•if such instrtittMlils w-Cr.C.n ...f.,• e.d...,....,,„. s'.-?, ..::::: i•ii:.,:: .::4.A:,..',..,,.. „ -. :.•.,„: •• .,•• . ...:. ' •'• The AnthOirity he4y kant0 la continuous ands a . d effect until revoke bY.. UilITED,IRE..lt PASUALIYCOWAN r „.. ., . , .'-',. ...:'•: UNITED !RE & INDElyINITY COMP4NYVA:,.'&1411-KWO1ALp4Orqc INSURANCECOMPANY , '....' 2-.:' .", ':''':'.; '1 ''''''-' .-'7:- :::': ''''. ':' • ...: This Power of AtionitY is made and executed pin -Silent to and **authority of the'folloWing bylaW•ditlYildopted i.iiiMay i*?5' :261t'by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE 1' COMPANY:‹...: • "Article VI — Surety Bonds and -Undertakings" ...,„ -1'tcctiek 7, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies niay,,AOni tinge to time. appoint by written certificates attorneys -in -fact to act in behalf of the Companies in the execution of policies•ief hisurrinCe,: bonds :•• •undertakings and other obligatory instruments of like nature_ The signature of any officer authorized hereby, and the cemsitateseat'nitY be • „ _ '...„` affil facsiinile to any power of attorney or special pommr of attorney or certification of either authorized hereby; salt Sigaritiire'ancISeW -• -When so used, being adopted by the Companies as the original signature emelt officer and the original seal of the Compaiiiktorbe validaud: binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set ..„ • forth in their respective certificates of authority shall have fill power to bind the Companies by their signature and execution of any such and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directoredr any other �ffief •-• the Conapanies inay at any time revoke all power and authority previously given to any attorney-in-fact. IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be -signed by its • . •;f„,..1.0.61.1.91-. vice president and its corporate seal to be hereto affixed this 1 It h day of October. 2013' .. ,c014ititiiiE 1•14.$3 "Vs,6% 14% °.121 RPORATEe "AL 1886 ' • lei kaAr0 '44 El• • .... \-° . 1141101010%,. 1.4*,staitinitio0‘ JStrite of.towai:CMinty of Linn, ss: By: • UNITED FRE & CASUALTY COMPANY UNITED FIRE & INDEMNITY COMPANY FINANCIAL PACIFIC INSURANCE COMPANY • October , 2013, before me personal 1 y came Dennis J. Richmann to nieliocyiiii:Mio beim by inedulysworn, did demo Ancl. say, that: lie resides in Cedar Rapids, tate. of Iowa; that he.isa Vice PreSideikatIN.:: • FIRE & CASUALTY COMPANY, a Vice President of UNITED Mt .& INDEMNITY COMPANY, and a Vice PriMident of FINANCIAL PACIFIC SUNCE COMpANY.the corporations AescribedIn and wbkk executed the above instnunent; thathe. knows fite.seal 'Of saidcetporations; that the Searaffuml to thiiald',Instriejitient is such orpottsa•ifilitliNciis401ffixedpnrstiant to entherity-giVenliffile Eleatif.Of DirecieriOfsaid corporattons :FYan thathe signed bisameihereto pnrsttant to ikeauthonty and iteltitbiyiedges':4me :to bethe..aeVaticittied:o.fSaid:CotpOktions; ice President . . :•:...:', :-.-:, .:1;','•- ..::. ...., ....: . ,.,....., .,4, ,-..:::- 3...:‘: ..00d10) tv: Paws ., -.,,, ..,:-. .,,,,•i „. . . „:,•,,, .,„ - : ,.. • :,„.:,,,,. ...,:-.,:-.,-;,: ..I.Owa NOlatialAeal:-: -'..:,,,, ,„:-,•-.. :.-...,..., r,'...-i•r:•.:„, ,,-.....-::: --,,,f.....coMoission'n*ittl)4117?041. -i:?•::::-' :' .,'...,,.-',..1';:.,.::•:-......:'''' '''.:.„:.r.;.:;.;7:1:::::' '':',......,..'"' ' . MitiiiiiMtsaion Eitelit4.41.4Z5120te.: •••• „:„, .. •..,,...,, ,•, • - , . , •••,.-.• --- Nota q PUblie,"' :2','• • jiity coniigtioii expires: 04/2J2 ..L DavitkLauge,ectelitty„Oft/NEI:Ph mitE..4c.Asum,Ty COMpANy and.4§i.§(a4t.§..r.,:p:50Fy of IIVTIRE &:INDEMN.ITY.,PONIPANy„„ Saint ASSiataiit'SecretaiyOf RNANCrA4..PACIFIOIN$UBVIO.B certi fitittlhave coMpared th0fOregoing:Opi'Ofthe POWeei,, of,Attoitiey a i,dTTdav ancl the iow0tile Seeliort::§f the bYlaW.Srandi6sOltig*Of atildj.Coiperatieha:as set fOrth:.:IA) s44PAW,..ofAttaiii4;*41). "ON:;IittiON Tig,SBOME..OFFickPF SAID, CORPORATIONkand4hafthe:,Saine ate:,-ceitect tritOcriiits thereof and'Of the that the said Pewer.:OfAttonteyhas•nefhOtiTeVekidaudii l'o**d.reIfect'. name andifft).zeil CorpeiationS„.:: " OTX$141.,(14.,.. 011C2% ,01111111/00„..,. °t, eb)iroitxrEll. - SEAL sscIt, i By SEAL • II II -.'"•!!" - • 'iiiA'Arl'0"‘ BP0A0049 0115 • . • •-• • :: Secretary tTP&c AsSiStaitt -Seceetary, P49 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 int . ors, laborers, issue. materialmen and suppliers because 1 am not in a position to accur. - :e -rmine that Dated (9)2111 SIGNATURE Jo -. W. Schulke, P.E. ct Engineer CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractor's Sc edule 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 certi • as to whether or not the Contractor has paid all subcontractors, laborers, materia -n and s . • •,tiers because I am not in a position to accurately determine that issue. Dated 012-q111 SIGNAT RE o -ph W. Schulke, P.E. oject Engineer [The Remainder of This Page Was Left Blank Intentionally] P50 O 18 $ $$S$dt gso$ S8 8 8d $ 8 8 5d gg a $ $ $ o $ $ $ 0 8 $ o ,g8 5$$ d o $ 8 $$$ g o e `d a g 8$$ a a$ 8$$$$$ a 5 d$ e g d $ if!8 X -per e " s �e § g$ �e 1 �t g s I N �F q �5 X Y5 �e 8 �c 4 g 4 g �t 4 8 4 g 4 e �t K m 4 Ng X 8 g l g �e g g g g g. g. A g. A g. g g �e l g$ �e 25 4 g. A g g g l g. �e L' g g g. l Y. I Y �e g g �c o i ; 8 8 8 s 8 8 1 4 8 8 8 8 8 4 P888 8 8 $$ 8$ 8 8$ $$§ 58 8$ 8 8 8 $$ n e 5 5 a s § r d a 4! .1 a a :$ d s s a a S$$$ s I s s 5 $ gg1 e F 88 144 $ 4,qdR ai 8 5 8$$ -R!N`� 8$ 8 N..t.lg'411. 8 n 81q8$888$$$8 t 1 I 888 !N3«„3 g$8 S$$$ C.06 jh. F,$: S $ $ $ n! $ 1 • 8 ,1 ;g 8 1 2 g 8 $ $ n l $ $ ! $ N g $ .1 S $ $ FLS.• 7W $ 8$ ,5:8888 q R I 5 $ $ 8 8 .5 8"$$ 5 N 5 t B m 4$u!$ N- 5 wi8 ' K r. 5 8, g $ K $ N $ K 8 5 8 N 8 5 8 K 8 N 8 5, 8 8 K 8 5 g 8$ d K $ 5 g P $ g 8 $ 4g! $ $ $ 5& $ 88 g $ a 8 8. 4 8 1 8 i F, - g R $ „ 8 �{ e” $� $ $ 8 g $ o 51:., $ 8 $ - 8 a 8 a 8 g $ $ g 8 N! g M ,M1iA. ~ nn h y m n 5 5 5 5 5 5 5 h 5== 5 5; 5 5 5 5 5 5 5 5 5 S S S J S I$ 2 s « 2 f Exterior Shelter SfvctVres IOn Site Site Work b 'MOMUzAMON (INc UOR PURUc CONSTRUCTION BOND' E %1 0 i 1 1 i t d$ E� i E J t 1 E 9 �, .2 $ 3 12.1 EaiV11500 and Embankment (Regular) g¢ o g d aamovnane I HOPE Horsontel Directional Bore Forte Main, S' arno- totpC:PVC Force Main, 2' ill S 1 a- 0 9 9$ a 4 B A g 1 s s L1 " 0 3 z 8 2 1 ,g DCN (]M) aP4nM2 NoPNod: not -salvo, 1 ;£= x .. I� 7:.: s 9 E •• IC' : 3 8 s 5 E gg F E s 6 *altered and section, round) LS' 1 .s $ t B `d $ § gg� 9 1 8 3$ 8£ a § 8£ e 0 e 4€ 3 i 8 E 3liz p C b i', t 3 1; m f' 1 $. 1 F. 1 s a € 1 cc = n a eA m 1 lEPe.it !Type 1 Stable:auon, ORO, (Sr) y$} I i a ; a ; fi d IF R- a 7 ?� A - .',I d F A d C A d d-; p F s e ,q, 3 s s y 3 X a 0 Y 2 P51 I e3 S/ d o l 8a o 55 55 55 25! 8$ o 0 8 8 8 8 8 8 8 o 8 8 8 8 8 8 0.00 8, $ 8 8 8 5 e a 55 8 8 8 8 8 v 8 o 8 0 8 8 8 0 8 8 8 8 g 8 8 a 8 a e d 8 a I K o-a �Re 0 8 8 4 �t 4 yt g 1 � 8§ s �e 35 8 �e 4 8 �e X 8§ 4 4 N 4 8 4 8 g 8§§ ape 4 �e l ape 9 8 g 4 8 4 g . 8 4 g y� 4 g �t 8 g �t S g �c 1 s �e g g �t g g 'AL COMPLETED 62,16iA0 i .:7,i! s i i 8 � s l i g? l i i i i U s& s i i 9 i g i s a P. 8 4§88: 8 gp !8 gg 888 8888!8$8l!!!1"gl8888 8 y !- 1 8n o: s 8 a 8 8 8 88 ng 88 2§ 8 8 -1 lIgg 88 8 ggiigg:g 8 8 x 8 8 8g 8 8 R,141". 8 8 8 8 8 4 s 8 1 g 1$ 8 11 8 8i wi 8 8 1 1 8 8 s 8 8 8 8 8 g g 8$ 8 m 9' 8 8 8 8 sr 88 8r 8 8. 8 8 821 8 8 8 8 v 8 8 8 8 8 8 8 8 8 ! ; 1. ! § - — . : : ! ! :::::;j;;;;; .. a a s x a 4 5 5 s t U J 9 S n h G A h s 5 3 6 7 s l t n h h h h it Ai 11 E Y 11,0• 13 Rabin/Wen, 19M0, 0 II" t= ii 6 g$ 1 p d !Concrete Paving 'i g nn N i i 'a E _4 A V s ' g S 8 1{ a 9 N $ II A 3 3 G L o !Signs & Pavement Markings EE L SSS 8 d , E` `� 3 E¢ I » c`. C 9 E c p', .i € K .11:',„•-i• Y B 4 JYI 2 2 E u - F$ 1 8 s' _ y H TraTb !leapt -es and O6erene RecepOtle (aptell Only)! s r a 1' ! .R a S 'F a� a r 3 i A 361 r 3 ypyp Free .s' Ouln Link [Black WM OK s t '' 5p O s iiigv pi 5533 ii 8 a r it 1 E 8 s s r 1 i 3 16th Street Site Work z a E y W P52 E 3 . o o g e 8 0 8 8 8 8 0$ k8 8888 Ai 8 I. 8 8 8 8 8 8 8 8 8 d 8 $ 8 8 w ig ye uvfl 010 05 15= 7 $ 4 5 a 1 g d X gg8g i'g gggg ggg a P $$ a$ $ 8 g g g$ 8 $ 8 P gs $ $s 1111 !me i 8 51 8811p Q:3 I.4F a L8 882 e J 8 s p ti Y $ qi $ $ g 8 a g$ r A H pt7 8 8 8 8 8 8 58 1 1$1 8 8 8 8 888 !LED VALUE 5,400.00.• , 3,000.00 8 $ 8 ag 8 8 8 6 R8 8S -"'g, N$a8 pig 8 g R$$$ $$ 8 8 8 8. 8 8J 8 d.... R1 -- - t e o b 8 e p a 1111.Ppumps t0 rerx Accoufn 14 5 WCDMW Few. Permit &MID Impact fee 05 5 WCD 005 hence Enclosure EE Markel SeMce M 3 Mslnienan0e or TrakK neeentien termed artl Abatement o0Erosion end WatAr pollution 5 Pi » n •z a E i 'Clearing & Earthwork/ embankment /Grading 2 u C 5 a 8 K 3 i c P S 1 AIts b 3 Y g; E. d e o E O i ¢ 2 a d a t 0 a s" 8 i d s a i d. P R g i P53 P54 I R$ ; o $o d 8 0 $o d 2 o d 2 8 6 $ $ $ $ $ d $. $ $ o $ a $ $ d $ o $ o $ v $ o $ $ $ $ o $ 5 $ $ � g e $ i 0 8 $ $ $ 8 8 8 $ $ $ $ 8 $ $d $ g $ d 2 d d 6 d g $ $ g o $ d 3 g p $ $ $ 5 $ $ 3 xx sa 1411141 8 8 g.I g g. 8 1144441444 8§ g 8 8 g g§ g a§§ 44444444114144114 S g 5 8$& 8§ F§§§ G 8 8 BEINIMERM rAL COMPLETED $ 9 8 8 8 2 8 8$ 8$ 9 8$ 8 8 8 8 8 $$$ 8 8 8 8 8 8 B 8 g 8 g 8 8' 8 PR 8 8 8 8 8 5 5 1$$ 5 g 8 8 8 8$$ 8 5$ F 8 8 5$ 1 8 8 8 8 8$$ 8 8 8 e 8 1 g gg 8 a °c 8 � $ $ ; $ $ $$ a 8 $ $ $ $ s $ 8 s $ gg l w $ 8 $8 8 $ 8 g $ 8 g 3€ 8 8 8 5 8 8 8$ 8 8 f� 8 8 8 8$ s$$ g$$$$$$ o 51 '.; 8 n & H $ .n 8 $ u $ § 8 SE 8 .h $ $ it $ g $$ s $ k $ 8 Q$Q R yy$ iS $ 8 4 8$ Y $ 8$ Li Q$ 5 $ '1 K p$ K urygf '4 s $ ..tl - $ $ $ 4 S $ g 4 $ S .I $ '.J m $ R 8 $ -- n 8 N 8 4 A $ S • �8 $$ 8 8 8, 8$ 8 8 8$$ 8$ 8 8 8$$ 98$ g$$$ 8 8 8 8 g 8 g S 8 g$ 8$ 8 Ilam Na 'Primary Building Structure indd G.C's General fAnenbM Staid Supervision u 1 p b Wt F€€ t t 8 c ?2 �1 & 3 S 5 2 d $ygy ; £ E> p v D .R l Y 9 $R ~ B .� 9 r � ICemmon Labor '' `� e d IUahINy InwrMe E E d e •E7 : b = 4 a ,. ZI P O s `gj �gE7 C Y 3 g 3 a s p n .� i -$ I. Y C 9 8 E z EE L. F � $ a 3 9 :,-,. a Ili r ➢ $ 0 = 7.N. Collins Door 5 _ P54 ` §§!!■!|||!§| a I ! 6 § | ■ # ! ■ ■ ! ! ! ! ! � 1 ,\ | (§ | |) | P. | | | ||g| § |\ ;\ ; ■ | , - a a .7§ • ■ ■ ■ 51 ® ■ ! - f § 2 § | § IIIIlIIIIIIIl; ! ! § § ! § § ! ! § e § | ,{ ■ t k \ g | . ± 8 § . ® ■ , § 8 ; ■ ! # | ! § | )— \ § § k\ k ! ! ! § n § ! § § ! § k k| k (k §§ k 1 / | ] 8 .... | , 8 . 8 8 8 . | 8 ■ | E 8 = :• n / 5 0. i 5 ,§ ! ( } } 4|! ; § - , Z { ! ! .1 k k OH&P P55 SECTION 00942 - Change Order Form No. 1 (FINAL) DATE OF ISSUANCE: 10/3/2017 EFFECTIVE DATE: 10/3/2017 OWNER: Indian River County CONTRACTOR: Barth Construction, Inc. Project: I.R.C. Go Line Transfer Hub OWNER's Project No. 1330 OWNER'S Bid No. 2016019 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. This change order is to make final adjustments to the contract time (Final Completion Date) needed to complete the work. Attachments: 1) 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 Amount Original Contract Price $1,780,074.06 210 Net increase (decrease) of this Change Order: $(45,879.80) 21 days Contract Price with all approved Change Orders: $1,734,194.26 231 ACCEP By: O TRACTOR (Signature) Date: 1120 1/1 CHANGE IN CONTRACT TIMES Description Time Original Contract Time: Substantial Completion: Final Completion: (days or dates) 180 210 Net increase this Change Order: Substantial Completion: Final Completion: (days or dates) 21 days 21 days Contract Time with all approved Change Orders: Substantial Completion: Final Completion: (days or dates) 201 231 RECOMMENDED: By: " E,n".15 ENGINEER (Signature) Date: ?/1.011.011. APPROVED: By: OWNER (Signature) Date: 00942 - Change Order Form Final 00942 - 1 F:1PublIc Works\ENGINEERING DIVISION PROJECTS11330-GoLine Bus Transfer Hub FacIlltyWdminlagenda Items/Final Change Order No. 1100042 - Change Order Form Final.doc Rev. 05/01 P56 SECTION 00942 - Change Order Form No. 1 (FINAL) DATE OF ISSUANCE: 10/3/2017 EFFECTIVE DATE: 10/3/2017 OWNER: Indian River County CONTRACTOR: Barth Construction. Inc. Project: I.R.C. Go Line Transfer Hub OWNER's Project No. 1330 OWNER'S Bid No. 2016019 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. This change order is to make final adjustments to the contract time (Final Completion Date) needed to complete the work. Attachments: 1) 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 Amount Original Contract Price $1.780.074.06 210 Net increase (decrease) of this Change Order: $(45.879.801 Contract Price with all approved Change Orders: $1.734.194,26 (days or dates) 20 231 ACCEP By: O TRACTOR (Signature) Date: 1/201 fi CHANGE IN CONTRACT TIMES Description Time Original Contract Time: Substantial Completion: Final Completion: (days or dates) jo 210 Net increase this Change Order: Substantial Completion: Final Completion: (days or dates) 21 days 21 days Contract Time with all approved Change Orders: Substantial Completion: Final Completion: (days or dates) 20 231 RECOMMENDED: By: w. Ev»h ENGINEER (Signature) Date: `/i JZvt1- APPROVED: By: OWNER (Signature) Date: 00942 - Change Order Form Final 00942 -1 FfPubIc Works ENGtNEERINO DIVISION PROJECTS11330-OoLIne Bus Trensfer Hub Fas lttyVldminkpmda ItemsWkal Charge Order No. R00042 - Change Order Form Finel.doc Rev. 05!01 P57 IRC Go Line Transfer Hub IRC No. 1330 CHANGE ORDER No. 1 (Final) Description of Itemized Changes F:'Public Works \ENGINEERING DIVISION PROJECTS\1330-GoLine Bus Transfer Flub FacilityAdminlegenda items\Final Change Order No. 1Ulemized Change Order Form Page 1 P58 Item No. Description of Change Quantity Unit Unit Prlce Prlce Increase Prlce Decrease 01000-16000-1 Primary Building Structure & Including General Conditions LS -0.01 $ 772,093.00 $ (8,931.02) Private Lift Station LS -1.00 $ 3,678.00 $ (3,678.00) Force Account LS -1.00 $ 50,000.00 $ (50,000.00) WCD #1 Remove Concrete Debris from Retention Pond LS 1.00 $ 11,095.15 $ 11,095.15 WCD #2 Lift Station Pump Cost to Match Maintenance Program Requirements LS 1.00 $ 3,678.00 $ 3,678.00 WCD #3 Sanitary Force Main Credit for Reducing 3 -inch Mein to 2 -inch Main LS -1.00 $ 411.90 $ (411.90) WCD #4 Fence Permit & IRC SWDD Impact Fees LS 1.00 $ 270.97 $ 270.97 WCD #5 Fence Enclosure at Electric Service LS 1.00 $ 2,097.00 $ 2,097.00 Sub Totals $ 17,141.12 $ (63,020.92) TOTAL CHANGE ORDER #1 $ (45,879.80) F:'Public Works \ENGINEERING DIVISION PROJECTS\1330-GoLine Bus Transfer Flub FacilityAdminlegenda items\Final Change Order No. 1Ulemized Change Order Form Page 1 P58 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: THROUGH: Honorable Board of County Commissioners Jason E. Brown, County Administrator THROUGH: John King, Director Department of Emergency Services FROM: Brian S. Burkeen, Assistant Chief Department of Emergency Services DATE: September 21, 2017 SUBJECT: Approval of Renewal of a Class "E" Certificate of Public Convenience and Necessity for The ARC of Indian River County, Inc. to Provide Wheelchair Services. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. BACKGROUND: On September 15, 2015, the Indian River County Board of County Commissioners approved renewal of a Class "E" Certificate of Public Convenience and Necessity for The ARC of Indian River County Inc., to provide wheelchair transportation originating within Indian River County. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved and renewed for a period of two (2) years. 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 The ARC of Indian River County Inc. 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. P59 RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve the renewal of the Class "E" Certificate of Public Convenience and Necessity for The ARC of Indian River County Inc., to be effective for a period of two (2) years commencing October 5, 2017, and expiring October 5, 2019. ATTACHMENTS: 1. COPCN Renewal Application from The ARC of Indian River County, Inc. 2. Two (2) Original Certificate of Public Convenience and Necessity for The Arc of Indian River County Inc. for Chairman's Signature P60 INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME:ift 111-c of i)t Cot) A ci DATE: b' I Z.s'i? APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ❑ This is a new application; fee is attached. f 'This is a renewal of our present COPCN. ❑ This is a renewal of our present COPCN with ownership or classification changes. I. 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 ❑ _BLS ALS Agencies that provide non -emergency ambulance inter -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 ❑ _BLS ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. Class E Lel Wheelchair Wheelchair/Stretcher Ambulatory 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. U:\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc l P61 II. COMPANY DETAILS /� 1. NAME OF AGENCY: 17\-- /4(C- Of /flfaki kivcr COUY1 / 1C� MAILING ADDRESS: 13(5 ) CITY VQXO Beaus COUNTY I lCile• iU ZIP CODE: 3299 (co BUSINESS PHONE: 272. -56z- 2. 72 -S- 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): /lore - Pg_oFi , Coze Tt on) 3. MANAGER'S NAME: Ch1e.s A. eat ADDRESS: Ito ni Ave-- 004c3 jr,Q.Ck 32qhb PHONE#: *-1-72-76b-(e2iQ) 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 0 Eg A ISeAkel 6 Jo Ave- sTi (- L 321V E)(E Et oL _ Nz D'-tfr_ cNt /.\, aIL Ass . pleas `l U E ai-A L E -S 5Xo yON.o 1)e at -AA J21%y AmitcHa9 Die -Eau -5 L►S-T"I i(, 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE # ac, AO i -fie - /93 ( Coir iliacE Ne 32c E,c, -272-37,2 -2./t, 3 'T1 a F VSo Ld ► Cr7) a i7E s Po L oX 11Zn , 2, 2961 779 --S 100 /Abo,3 R' J O/ 1 OLJI C, t / 7 okattkkt � tA) P6 772 - 2q1 - /v 92_ a.3Y 17 U:\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 2 P62 The Arc of Indian River County Board of Directors 2017- 2018 Voluntary Board A.J. Brackins, CPA ,,, Chair 7800 Ocedn Drive Vero Beach. FI_. 3296.3 (w) 772.231.6902 E-mailrbrackins@knegcpa.com Mary Beth Vallar .., Vice -Chair 2100 Indian Creek Boulevard East, A-205 Vero Beach, FL 32966 (c) (772)- 532-4294 E-mail: mbvallar@gmail.com Michael Bums - Treasurer Wells Fargo Adisors 3545 Ocean Drive Vero Beach, FL 32963 (h) 772.562.6634 (w) 772.562.6561 E-mail: mike.burns@wellsfargoadvisors.com Virginia Blossom - Secretary 1113 Sea Hunt Drive Vero Beach, FL 32963 772.532.3350 E-mail: gblossom1026@gmail.com Jim Davis 775 Broadway Street Vero Beach, FL 32960 (h) 772.569.0571 (c)772.532.7345 E-mail: jwdlad775@gmail.com Jay Dolan 5680 A1A Apt. 213 Vero Beach, FL 32963 (h) 772.492.0285 E-mail: Jay.P.Dolan.1@nd.edu Herb Hinkle 97 Cache Cay Drive Vero Beach, FL 32963 (c) 609.577.1140 E-mail: hinkle@hinklel.com Cathy LaCroix 836 Norfolk Pine Lane Vero Beach, FL 32963 (h) 772.234.5723 (c) is (772) 480-0420 E-mail: lacroixca(u,bellsouth.net Mary Ellen Replogle 2150 Indian Creek Blvd East Apt B-121 Vero Beach, FL 32966 (h) 231.6193 Jeffrey Petersen 660 Beachland Blvd Vero Beach, FL 32963 (o) 772.231.9080 E-mail: jeffrey.petersen@ml.com Dillon Roberts Gould Cooksey Fennell, PA 979 Beachland Blvd Vero Beach, FL 32963 (w) 772.231.1100 or (c) 561-351-1096 droberts@gouldcooksey.com Ed Smith 1342 Riverside Lane Vero Beach, FL 32963 (h) (772)-234-6626 (c)772-643-7424 E-mail: edsmith34@comcast.net Terry Young 650 Indian River Harbor Indian River Shores, FL 32963 (h) 772.231.6596 E-mail: TYoung430@aol.com P63 6. FUNDING SOURCE: MCVlrJy/QeA /171C0 iC4 APD C()C t PRA U PA/ 7. RATE SCHEDULE ATTACHED? YES 1=9" NO ❑ N/A ❑ 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB -STATIONS: 13'if 1674-k AE , \iQ 2C/(OC III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: C'I: LL- {'�f c N (?o M Nt UMMT1 a %1j c 1. RADIO FREQUENCY (ies) NSA RADIO CALL NUMBER(s) N/A 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION U:\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 3 P64 AC.: RE1 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYVYY) 3/28/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. HOLDER. THIS BY THE POLICIES AUTHORIZED IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lassiter -Ware Insurance of Tampa Bay 1300 N. Westshore Blvd Suite 110 Tampa FL 33607 INSURED The ARC of Indian River County Inc. 1375 16th Avenue Vero Beach FL 32960-3768 nnvroarzcc CONTACT Debra Linkous NAME: PHONE (800) 845-8437 FAX (888)883-8680 _(A1C _Np_, F,/it): 1A/C, No): E-MAIL ADDRESS: DebraL@lassiter-ware-com INSURER(S) AFFORDING COVERAGE NAIL # INSURER A:NEM Hampshire Insurance Company 23841 INSURERB:National Union Fire Insurance 19445 INSURER C:W9SCO Insurance Company 25011 INSURER D : INSURER E : INSURERF: ... _.- .-. -- -_ --- --- mm VIJIVIV IVUmDeN: 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 WITH 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WSW R LTR TYPE OF INSURANCE ADDLISUBR INSD i wvn POLICY NUMBER POLICY EFF : POLICY EXP (MM/DDNYYYY) i (MMIDD/YYYY) LIMITS X COMMERCIAL GENERAL LIABIUTY EACH OCCURRENCE $ 1, 000 , 000 A CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 01LX0921770600 3/30/2017 3/30/2018 MEC) EXP (Any one person) $ 5,000 - ---- - GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO- JECT • LOC OTHER. PERSONAL& ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG Employee Benefits $ 1,000,000 $ 3,000,000 $ 3,000,000 $ 1,000,000 A AUTOMOBILE LIABILITY X ANY AUTO ALLOVVNED AUTOS __. X HIRED AUTOS X SCHEDULED AUTOS 01-OVvNED 01CA0699E97050 ! ° 3/30/2017 3/30/2018 '.. COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accidert) PLP. $ 1,000,000 - _.._... _. $ $ - $ $ 10,000 B X UMBRELLA LIAB EXCESSLIAB X OCCUR ' CLAIMS -MADE '� EACH OCCURRENCE AGGREGATE $ 2,000,000 DED X RETENTION$ 10,000'. 29UD0628415040 3/30/20171. 3/30/2018 $ 2,000,000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY YIN X PER_ STATUTE EORH ANY OFFlCER/MEMBEOR EXCLUDES I ECUTIVE -, N / AI E.L. EACH ACCIDENT $ 2,000,000 C (Mandatory in NH) 0 yes, describe under FITWC338262016 6/1/2016 6/1/2017 E.L. DISEASE - EA EMPLOYEE $ 2, 000, 000 DESCRPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 2,000,000 A Professional Liability Abuse & Molestation 01LX0921770600 3/30/2017 3/30/2018 ! $1.000,000/$3000,000 $1,000,000/$3000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached 0 more space is required) rCDTIrlrNATG uAl nr•r. Indian River County Fire Rescue 4225 43rd AVenue Vero Beach, FL 32967 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL. BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Mike Shea/DEBRAL ACORD 25 (2014/01) INS026 (201401) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD P65 aiumans m 1:13C11A0Eld JO dIAIVN 1:131SOU a1011 -13A m g — m 2 ZD -1 0 m— g m 0 m 0 z c 0 Z cnm m P66 (7-1 c---• GN. (-72 (-) -....4 m I? vA 7 11 (.1. MODEL .i;US _.... .....5.-_ MANUFACTURE IA „ Yk O •••'` ---- ,-)4 --.... pc, •--.7S ......._ --- '-'-'• „ (_, — MILEAGE G.".. 0...) -6-, ---r. con I" \ N (3' (7- N •••_(7.' -77 (3' –c= cr” -7' u4 \J"' Nc- VEHICLE IDENTIFICATION NUMBER (VIN) 16'63(7 2_6(9Selit3C71 7, a” -1-) N N (A ce; itrt 0 ... ,Tiettii1-A174f4tYi 5-1.-K?5 0/ Nj --.', F, V\ = t ,.".,--r4 (. n r , , —cz_ r • F, -k-: • PASSENGER CAPACITY c_05. INJ tl<:i(3.-- 1A: _ VS -,‹ \ .:, ,./ 7. • -•i )< (-'1 ,,. ()C, .-C: e C*,, 'JJ :-.:,-H '4-) > 0 6") C..' 4t L_,0 \--' SERVICE ASSIGNED NUMBER 2 aiumans m 1:13C11A0Eld JO dIAIVN 1:131SOU a1011 -13A m g — m 2 ZD -1 0 m— g m 0 m 0 z c 0 Z cnm m P66 INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES PERSONNEL ROSTER NAME OF PROVIDER: The Arc of Indian River County DATE: August 25, 2017 SUBMITTED BY: Judith Lewis PLEASE LIST ALL PERSONNEL (Drivers of Wheelchair Transport Vehicles) LAST NAME FIRST FLDL# EXP.DATE POSITION Anunziato Anthony A552-006-42-189-0 5-22 Driver Campagna Larry C512-536-52-295-0 6-20 Driver Greeley Jennifer G640-43-70-866-0 10-21 Instructor Hamilton Tiffany H543-818-75-523-1 1-19 Instructor Hicks Bernice H200-074-49-919-0 11-24 Driver Howard Cordi H630-116-55-821-0 9-17 Driver Liebl Tiffany L140-813-86-757-0 7-25 Instructor Martinez Silvio M635-781-81-448-0 12-21 Instructor Miller Jacque M460-433-69-650-0 4-19 Instructor Ritchie Patricia R320-699-49-841-0 9-17 Instructor Rodgers Melissa R326-553-74-752-0 7-20 Instructor Spikes Vergie S122-860-80-771-0 7-19 Driver Stafford Harold S316-346-71-451-9 12-17 Driver Streeter John S363-465-42-324-0 9-18 Driver P67 31f143HOS 333 rn m - i rn• Z Z v O Z rn m• < m0 Z C m n m P68 1 oL SERVICE TYPE ,T ,I5POi 4T o ci,,:j BASE RATE 7 /, 00 MILEAGE l w/1 t'7)i ONIWIVM SPECIAL CHARGES %vim Q, r,-, CO C. --, Z" COMMENTS 31f143HOS 333 rn m - i rn• Z Z v O Z rn m• < m0 Z C m n m P68 V. NOTARIZED STATEMENTS Fill in Statements as applicable. E or El APPLICANTS n I, CNZ(-e,� &e,\DL..l i , the representative of Applicant Name Nee_ 6F lNPAAe1 COUi V'i 1 Mc- , do hereby attest that the Business Name of Service above named service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services. A -D APPLICANTS 1, , the representative of Applicant Name , do hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knowledge, all statements on this application are true and correct. APPLICANT SIGNATURE DATE Before, me personally appeared the said C _S U -AL (-l'. who says tha he/She executed the above instrument of his/her own free will and accord, with full know edge of the purpose thereof. Sworn and subscribed in my presence this i;'&12 -clay of , 201 NOTARY PUBLIC My commission expires: U:\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc Judith L Lewis COMMISSION #FF913927 EXPIRES: August 27. 2019 P69 >- 1— (7) N co w U w Z o Z Q HW 0 Z z m w_ UWZ Lu WNZ >Qo 2 J U ZU0 Q J o m Z a LL 0w N U_ LL H ctw 0 0 c N N 2) 4- O E w co c Z E "' vi N `) _U > cr O N 0 O o t c L o a L U = n ca -D E co a) O U N - c = c c E o c U ca NL E ca a' = > 3 Li- c . c .(a t c N c c E U3 ca a) a) O U > c O) co C O "AOA`` LB 4iii W E N c V '0 > 0< ara cU d co O I- O 4— Cri Ts C6 Q _t < cc = re w c w Z Eu_ m H w N co cu 0 ca N N 0 .N co >, L '0 . _c 0 7 U .c '> N L O N 0. 0 0 -c co >, c co c (E E ca -t E E OO O Q 0 ( c 9- 0 U o CD • 0' CO -a N 73nCU 0 m 0'0 cac Z _c a - Q o N Ny 0 Uo •� oU o L >-nE .f N � � c .-C3) o • c > O N>to Oc E to N U O w L 'di CV V N— co V% O O 0 Q O U d EU p/) LLI co O ~c C N = 0 O El p O LL ca t O •'U U W�/ t-4= L 1L 9= 1) i— Q. -cW -C W8 Q H U ; V O co c = ca f N 'Fs a) cu c U p Date Issued: October 3, 2017 0 0 0 E O .� •N _c .N d E O 0 in a— c LL O IA O U 0. .6 0 cn 13 o L 7 0 O m P70 _F CONSENT 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 Burkeen, Assistant Chief DATE: September 21, 2017 SUBJECT: Approval of Renewal for a Class "B" and "E" Certificate of Public Convenience and Necessity for We Care of the Treasure Coast Inc. to Provide Wheelchair/Stretcher Services. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. BACKGROUND: On September 15, 2015, the Indian River County Board of County Commissioners approved a Class "B" and "E" Certificate of Public Convenience and Necessity for We Care ofthe Treasure Coast Inc. to provide ALS/BLS and wheelchair/stretcher medical transportation originating within Indian River County. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved for a period of two (2) years beginning on Oct. 15, 2015 and expiring on October 15, 2017. An application for renewal has been received 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 `B" and "E" certificate has been submitted by We Care of the Treasure Coast Inc. 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 requests from Indian River County for this agenda item P71 RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class `B" and "E" Certificate of Public Convenience and Necessity for We Care of the Treasure Coast Inc., to be effective for a period of two (2) years from October 15, 2017 to October 15, 2019. ATTACHMENTS: 1. Renewal Application from We Care of the Treasure Coast Inc. 2. Two (2) Original Certificate of Public Convenience and Necessity for We Care ofthe Treasure Coast Inc. for Chairman's signature. P72 INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME: W fr csi-f I v e ', Sv - e- DATE: gp b 2 0 7 APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ❑ This is a new application; fee is attached. 'This is a renewal of our present COPCN. ❑ This is a renewal of our present COPCN with ownership or classification changes. I. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A ❑ _BLS _ALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B ) BLS X ALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C ❑ _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 ❑ BLS _ALS Agencies that provide non -emergency ambulance medical transports limited to cut of county transfers. Class E X Wheelchair it Wheelchair/Stretcher X Ambulatory 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. U:\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 1 P73 II. COMPANY DETAILS 1. NAME OF AGENCY: kiVe.. CcA. or -{-La ' frev_c4 uv. e. Con MAILING ADDRESS: I ) I ,S W �i I f ov, z S -; CITY tPo.-_-f 54-, `;,,r I e COUNTY , C U ( ZIP CODE: 39 84 BUSINESS PHONE7 7.2) 29 —a' y 5- 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): MANAGER'S NAME: 4-I o { g� ��� ��� (O C ADDRESS: 1g -1( S t... 17): i! —f S f . Ct Ft- 5' S PHONE#: (�-i7.2) 3 -- g Lftom" 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME tom,. C C 2 ,n ,rl_ ADDRESS POSITION 7.20?t•,vt gt ve Y dY. Pre,S (5 t1,r+e?v- 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE # N e�, 14-L , <<, L. i c . rzELt,Iv i 60 , .713' S4 . Vero (77.2) —77 ts'-.7z,1 R IAC_ ,000 ( V��.� -�S5-6 43 t -i a .S ( 1 C t o F biret rt + "ZO i Ur c a r. h St l % e ►' o "7 % z) 2'1 - %' 6t7 U:\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 2 P74 6. FUNDING SOURCE: Pv 7 RATE SCHEDULE ATTACHED? YES ❑ NO jA' N/A ❑ 8. LIST THE ADDRESS(es) OF YOUR BASE AND ALL SUB -STATIONS: 13,kS-{ . �'� S4 , LA/c; 1 III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: ,% X x 7-7-7 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) Ale C 4 4 v c1 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION o l -A(.' I^ k' c,44 l4^te.a,l 11 I/ rl I/ U:\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 3 P75 V. NOTARIZED STATEMENTS Fill in Statements as applicable. E or El APPLICANTS I, N � ,r �, � q w � � s t� �� w k 05 Applicant Name , the representative of �J r_ e c, e, o f -j L s t) v z Coe, ildo hereby attest that the Business Name of Service above named service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services. A -D APPLICANTS 17 ( C; ✓ , 4 IAA, Applicant Name ra = �-✓�1/-1'1 , the representative of e c S u r z Coo, st do hereby attest that Business Name of Service of the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knowledge, all statements on this agplica true and correct. APPLICANT SIGNATURE ATE Bef e me personally appeared the said /%a v, kof 8€1.v1 £Z`s who says t at he she executed the above instrument" `f -his er own free will and accord, with full li.Qowledge of the purpose thereof. Sworn and subscribed in my presence this 20c—clay of (J,'vs'b , 2013: 9 U:\Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Appli My commission expires: ►--=2- I -e JAIME ORTIZ . t� UB'Si •s Notary Public - State of Florida •c My Comm. Expires Jun 1, 2018 ap' Commission # FF 111485 ''°' t°P• Bonded Through National Notary Assn. 5 P76 ACORL'® CERTIFICATE OF LIABILITY INSURANCE 4,�,� DATE(MM/DDNYYY) 3/9/2017 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER American Specialty Insurance Group, Inc 3111 45th St Suite 16 West Palm Beach FL 33407-1981 CONTACT CSR CSR NAME: P/c. No Ext): (561)683-1220 NG): (561)683-1248 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A Markel Insurance Company 38970 INSURED We Care of the Treasure Coast, Inc 1971 SW Biltmore Street Port St Lucie FL 34984 -- INSURER B : MTK700002832-04 INSURER C : 3/5/2018 INSURER D : $ 500,000 INSURER E : INSURERF: X Fl ATE NUMBER 17-18 MASTER • 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 WITH 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF IMMIDD/YYYYL(MM/DD/YYYY) POLICY EXP LIMITS A X COMMERCIAL GENERAL UABILITY / MTK700002832-04 3/5/2017 3/5/2018 EACH OCCURRENCE $ 500,000 IM CLAS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 500,000 MED EXP(Any one person) $ 10,000 PERSONAL & ADV INJURY $ 500,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES JE PER: LOC GENERAL AGGREGATE $ 500,000 PRODUCTS - COMP/OP AGG $ 500,000 Professional Liability $ 500, 000 A AUTOMOBILE x S LIABIUTY ANY AUTO ALL OWNED AUTOS HIRED AUTOS %[ NON SCHEDULED AUTOS -OWNED AUTOS MTA700002832-04 3/5/2017 3/5/2018 COMBINED SINGLE LIMIT (Ea accident) $ 500, 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (Per accident) PROPERTY DAMAGE $ Uninsured motorist combined $ 20, 000 UMBRELLA LIABi EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION_ AND EMPLOYERS' UABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE IM OFFICEREMBER EXCLUDED? (Mandatory in NH) If yes describe under DESCRIPTION OF OPERATIONS below Y/ N N/A STATUTE I ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is to be listed as additional insured in respects to the operations of the named insured only. 30 DAY CANCELLATION CERTIFICATE HOLDER CANCELLATION Florida Department of Health Bureau of Emergency Medical Oversight SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 4052 Bald Cypress Way Bin A-22 AUTHORIZED REPRESENTATIVE Tallahassee, FL 32399 / Hugh Tamoney/SWG e''r•-21 �'a'..'irap "'A'j ACORD 25 (2014/01) INS025 nmann © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD P77 * 70e eau * Of The Treasure Coast Inc. Dispatch - 772-398-0845 1971 SW Biltmore St, Port St Lucie, FL 34984 FLEET Van 102 1FTNS24W27DA03706 2007 FORD E250 mileage 238,410 Van 104 1FTNS24W88DB10082 2008 FORD E250 mileage 217,930 Van 106 1FTNS2EW1ADB02068 2010 FORD E250 mileage 169,184 Ambulances: MEDIC 1 1FDS53EP1ADA39549 2010 FORD E350 mileage 224,663 BLS 3 1FD5534P29DA88191 2009 FORD E350 mileage 152,425 BLS 7 1FDWE35F21HB75732 2001 FORD E350 mileage 266,787 P78 Evoc certified Medical service certification Drivers license Drivers name z 2 ;. Pei n CI (L — ` t�1 a Nomc> , k w , SJ 1 ���' �, a' 11 Lp_ ` S <f✓ 1-- cy i i C c,L. Q. ,. Z 2 N 1 P A v Q `Q 0 f :r tet, I 1 1 1 i t t 1 t I I Cit I r 9 ` t rJ - c s N t` �,1` 1 _� '� I f`( t _ Q i I I Z I t t \ T 9 G.. tt t e x k sa se M Z. (Y. . t n) 1 s' w Q J Q ti r1 — 2 vj _ D _ v% —..0 s—L L. 4 Th h t � P79 WHEELCHAIR: -One way - Of The Treasure Coast Inc. Dispatch - 772-398-0845 1971 SW Biltmore St, Port St Lucie, FL 34984 FEE SCHEDULE - EXHIBIT A $40.00 + $2.50/mile NON MEDICAL STRETCHER: -One way- $125.00 + $5.00/mile BLS (with oxygen): -One Way- $300.00 + $8.00/mile -One Way - $425.00 + $8.00/mile STRETCHER WAIT TIME: -$25.00 every half hour ALS: P80 1- - 1- N N w 0 w z 0 z Q W ZmZ CO D N W J 0 w aO> >., O R iu 0 U -CO J m ?va LL 0W Q U H rew U a� c co U ii -a - c 92 v as (n (a ti W •( -'' 9O u) .c N U O ..N+ co ai U aci 0 Las N> _ as >co L u) >, Q •U ° a a) co �oZ CL c — o o: a)�co �'_ a) tc of 3� `no _ L al 8 N a) c v o U o ca — a) 'co— o 'p Q cu 0 0> E o i_ 4?i;cc U,Z'co S o c 1` c a) o coN o-0 c o c c = '2 C O lii J co O U .o 0 >+ — � m c _ _ _ vi o coM >.g< a) O al eL c >, wen O u2 L a) U c Q o c v t.")�� co 09- 0ocas CO L c5 �H aptLUL NQ) o .� m c•E — > ._ - �'a a) Ta c J N O d 1- g -a sT c Es co i3 as � 0 Z O E O W L o Q CO 172. 4-� c N N L ° . mp ;� a� N 0 o - � i� >O O W'C Jp y 'ca— c) 710 Q � -13 � U ......c7) U o u� a) _c U W LL m v Q to U a1 V > re u) N >' L Q 1` N '� N W cc c a) X o N cs) W o W o I— U> e3 4- CI) O to �- U :- C W L 0 0 0 ca W— W N 1` c *= o �� U0D .iQ Date Issued: October 3, 2017 a L cc a) EO .ca •.u) i N 0E 0 O -c 0 U m c LL g LLIU O a co 12 O ,4 O m P81 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: THROUGH: FROM: SUBJECT: Jason E. Brown, County Administrator Richard B. Szpyrka, P.E., Public Works Director Monique Filipiak, Land Acquisition Specialist Right -of -Way Acquisition — 66th Avenue Widening Project Owner: SBA Towers III LLC — 6590 65th Street, Vero Beach, FL 32967 DATE: September 20, 2017 DESCRIPTION AND CONDITIONS Public Works is progressing with Right -of -Way acquisition for the planned improvements of 66th Avenue between 49th Street - 85th Street (CR510). The proposed improvements include widening the existing two- lane roadway to a four lane divided roadway, traffic signals, bridge replacement, drainage improvements, grassed or landscaped median and sidewalks. SBA Towers 111 LLC owns a 9.8 acre parcel which is a cell tower site. To accommodate the future planned improvements on 66th Avenue, the County needs to acquire the 0.45 acres of the parcel for right-of-way purposes and needs a 10 foot Temporary Construction Easement. The County obtained an appraisal of the property indicating a value of $26,200.00. After several weeks of negotiations the County and SBA Towers agreed on a purchase price of $26,200.00. FUNDING Funding is budgeted and available in Account No. 31521441-066120-16009, Optional Sales Tax, 66th Avenue (65th Street — 83rd Street) RECOMMENDATION Staff recommends the Board approve the Purchase Agreement for the 0.45 acres of property located at 6590 65th Street, Vero Beach, FL 32967, and authorize the Chairman to execute the purchase agreement on behalf of the Board. ATTACHMENTS One Original Purchase Agreement One Original Temporary Construction Easement APPROVED AGENDA ITEM FOR: October 3, 2017 P82 AGREEMENT TO PURCHASE AND SELL REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND SBA TOWERS III LLC THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") 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 SBA Towers III Inc. ("Seller") who agree as follows: WHEREAS, Seller owns property located at 6590 65th Street, Vero Beach, Florida. 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 81st 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 has contacted the Seller and has offered to purchase right- of-way of approximately 19,555 square feet or 0.45 acres of property as depicted on Exhibit "B", and WHEREAS, the County also needs a 10 foot Temporary Construction Easement (TCE) from Seller as described on Exhibit "C" attached in order to facilitate the Project, 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 6590 65th Street, Vero Beach, Florida and more specifically described in the legal description attached as Exhibit "B", fee simple, containing approximately 19,555 square feet, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Property shall be $26,200.00 (Twenty Six Thousand Two Hundred 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 P83 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. 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"). 3.1 County may order 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. 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 P84 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. Closing. 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) The Seller shall have removed all of its personal property and equipment from the Property and Seller 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 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. (d) 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. (e) 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. Closing Costs; Expenses. County 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 or satisfaction obtained by Seller pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the warranty deed. 7.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 7.1.4 All cost associated with the relocation of any utilities. 7.2 Seller shall pay the following expenses at or prior to Closing: P85 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. 8. 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 Condemnation. In the event that all or any part of the Property shall be acquired or condemned for any public or quasi -public use or purpose, or if any acquisition or condemnation proceedings shall be threatened or begun prior to the Closing of this transaction, County shall have the option to either terminate this Agreement, and the obligations of all parties hereunder shall cease, or to proceed, subject to all other terms, covenants, conditions, representations and warranties of this Agreement, to the Closing of the transaction contemplated hereby and receive title to the Property; receiving, however, any and all damages, awards or other compensation arising from or attributable to such acquisition or condemnation proceedings. County shall have the right to participate in any such proceedings. 8.3 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 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. 8.4 Assignment and Binding Effect. Neither County nor Seller 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. 8.5 Access and Utilities. The County agrees that Seller and its tenants, representatives, agents, and invitees are entitled to unlimited and uninterrupted access to the property 24 hours a day, 7 days per week, and that no interruption in utility service will occur unless and until coordinated with, and agreed upon by, Seller. 8.6 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: If to County: SBA Towers III LLC 8051 Congress Ave Pkwy NW Boca Raton, FL 33487 Attn: Sharon S. Schwartz — Legal Operations Indian River County 1801 27th Street Vero Beach, FL. 32960 Attn: Land Acquisition/Monique Filipiak P86 Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.7 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. 8.8 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. 8.9. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 8.10 County Approval Required: This Agreement is subject to approval by the Indian River County as set forth in paragraph 2. 8.11 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and swom 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. P87 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY, FLORIDA SBA Towers III LLC BOARD OF COUNTY COMMISSIONERS a Florida Limited Liability Company 1-1414vx,T. 0/ Joseph E. Flescher, Chairman Sharon S. Schwartz Date Vice President and Associate General Counsel, Legal Operations Approved by BCC ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk Approved: Jason E. Brown, County Administrator Approved as to Form and Legal Sufficiency: William K. DeBraal, Deputy County Attorney P88 EXHIBIT "A" The following described land, situate and being in the County of Indian River, State of Florida, to wit: The West 20 acres of Tract 5, Section 8, Township 32 South, Range 39 East, according to the plat of Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 25, now part of the records in Indian River County, Florida. LESS AND EXCEPT: the South 50 feet of the above described property conveyed for road right of way purposes for South Winter Beach Road in Official Record Book 32, page 33, Public Records of Indian River County, Florida. LESS AND EXCEPT: All that certain land situate in Indian River County, State of Florida, viz: The North 10 acres of the West 20 acres of Tract 5, Section 8, Township 32 South, Range 39 East, according to the last general plat of the Indian River Farms Company, filed in the office of the Clerk of the Court of St. Lucie County, Florida, in Plat Book 2, Page 25, said land now lying in Indian River County, Florida. Commonly known as: 6590 65th Street, Vero Beach, FL 32967 Parcel ID Number: 32-39-08-00001-0050-00001.0 P89 EXHIBIT "B" Z JO l 213GNN 13316 VQIa013 'AINl0O 1:1RA18 NVICINI 80£ 1302iVd .30 HO13>IS GNV NOIldI 3534 1V021 noseov0 'ON LOGI`OLd u/zt/t woo 10aNa01HliawfYw rc1 aero m, row.au mow MIX( NOUS OM VOC WI YSwa NM w 9N .10000iO OM1' Niall -Aram me O UJOH «(A((AWN m3 N =can Mkt u 'wan sod $a ahem= a0a--1 s>ros N 3f1N3AV 4199 O 0 01 on N to(' 000a Q O N SOU 0m CO 0 C0 44 N CO 7.3 m W a Ix No u) V of d NO11.03S 3NI1 1S3M- SONI1V38 3O SISV9 3„SZ,00.00N 0 m z 2 w m w in N 0 0 0 Z w iA rn ;n ti w F- it) N 0 0 Z w N m 0 0 0 O N N 0 ro Z a) m N 0 0 N 0 0 d J J J J J U 0 z 0 0 1 Warle 03/21 2 1 �g�grto Mani CI 1- a W 0 0 0 W F U 0 Z F J W W Z 0 m zZ” <� oWac8 � ;1:8 Um3m Z W Ln F 0 N O O O Q w0 O Oa 0 0C/00rMaaul- ocnoo5iU Z Z 2 E e m1�1ca (w/ 1 w d d 0 0-Q' Q d d cc o a 1- w CONSTRUCTION (909 IVO) N Z H199 AVM JO 1H0I11 03SOd021d a 5Z zj Z w. 511, EXISTING RIGHT OF WAY 1-1 8 GRAPHIC SC SURVEYORS NOTES OF LEGAL DESCRIPTION ONLY, NOT A BOUNDARY OO a. III cz 0U' U 0 0 0 O z J zN N Q 0 O W o W0 O FU a Z CO N Z a Z�Z a m N W m Z FQ F0 � a .- w c N 00 0 a I 0 ao Z al 0 7O 0 <^ 3W 0 ce 00 UI 2 N 0 o "a 0 x Z( a 0d 2 �aa W� 0 0 1- O m O a Oroo t0/! W a,aW N mw> F W Cil MM U a Z 0 z OW4 Zce JZ Qat (oom F Z WO MO W EL a r)m a)D0 P90 ZdOZ mom 13316 va12:1o1d 'AINf1O0 H3AIH NVIONI 90e 130avd dO H01ANS ONV NOI1dI IOS3a 1V031 MOSTOLW ON 19'UNd a/zL/L 31Y0 IW,W.4 .M.. 11OMIT 11 t%o C!Vft SNI 03.411L)i/t fax OMIT 'OM tLAE Yaws NlffM al wooer/ OM NYdF131E1 LNl6 Q WOH* It lwDI 003 1e anew s>d Y mem S34 AS MOM 3111,11 LEGAL DESCRIPTION RIGHT OF WAY PARCEL 0 z m Y 0 Y w z aCe cp.> 00W3 U(E pURO I-�1- InYQ ZZ a< aa 003 (6Z U0 zzo z w� nwz m-� oa mu_ w�+ri oaw v¢ UU ZwN z0(/> NO W0 QOw <m --a 1-- 00 mw0 own 0 co a'cl-zmw aw z w !n J O N fA f/1 ta_ o po ..,ca on o OU t/>wy Fmw KM 0 ow NFOsp <w0 zN 10A L, M m O P(w/1)- aw li w a?fq- w F. -I 0o 0 Fn �� am 2=n �0 0 0 `Ow `�_ g� Z Z W0 O%zz'Z w o~m GaP y NV N a OOQO U wa 3.s am a 0�a� Q UFw I -Q <a < dm OpK Qw a' f/) powo apo wi- ro H U m (/I ow m wj0 VWI i}Z p waz FN hw m N)az r 0 WO U�O=p 0° d0 010 b Fp -,(00 awn wP 'f>Z :D ow �ja' aza z0 mix O ▪ ,L- o V�0 w F_ F F 0Q fn 0 v~iR n'� 2Z t0/1w Z (O/1 (O/1 Z Ofi Z - w4 N ~ Ooa<op2 Z7 1-w aHZZ Z Z 0 0 O 666• 6 1 lI Hgp0 Z w cw->r'nW N>Q Zm mz m CO m C130a �a v �y1 t�1 ZpZ 3F=o W 1-222 wo Uw z w U UZ 0Uo wpzw U JZ= mw wm w W 0 WO 1-iO 1- -l5ix U a aO0 8F Fo F F F Fm 2 OF 100.00 FEET TO A POINT; A DISTANCE 89'50'23" EAST, OF 25.00 FEET TO A POINT; 00'00'25" WEST, A DISTANCE OF 100.00 FEET TO THE POINT OF 89'50'23" WEST, A DISTANCE JR J S P91 TCE — 66th Avenue Roadway Widening - Project #1505 PID#32-39-08-00001-0050-00001.0 Project Parcel #308 — SBA Towers III LLC Prepared by and retum to: IRC -PW -mf 1801 27'" Street, Vero Beach, FL 32960-3388 EXHIBIT "C" TEMPORARY CONSTRUCTION EASEMENT This TEMPORARY CONSTRUCTION EASEMENT, made and executed this day of , 2017, by SBA Towers III LLC whose address is 8051 Congress Avenue Boca Raton, FL 33487-1307, hereinafter called GRANTOR to Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960-3388, hereinafter called GRANTEE, WITNESSETH: That GRANTOR, for and in consideration of the sum of ONE DOLLAR and other consideration, receipt of which is hereby acknowledged, does hereby grant unto the GRANTEE a TEMPORARY CONSTRUCTION EASEMENT on, over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit: EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF This easement is for the purpose of all construction incidentals, such as; grading, sloping, sodding, clearing, excavating, dredging, etc. This easement shall exist only until the completion of the construction work for the 66th Avenue Project No. 1505. IN WITNESS WHEREOF the GRANTOR has herein set its hand and seal the day and year first above written. Signed, sealed, and delivered in the presence of: Witness Signature Printed Name: .N... ; 4' Witness Signature Printed Name: Cs, (1/4,1 �t STATE OF FLORIDA} _e-4 COUNTY OF } SBA Towers III LLC, a Florida Limited Liability Company rantor Signature' 1, Evow.- Printed Name: Sharon S. Schwartz`' VP & Associate General Counsel, Legal Operations The foregoing instrument was acknowledged before me this /,t fd day of� , , 2017, bySk,,� S, nd on behalf of SBA Towers III LLC,.e/she is erson I!f I known ���_ P Y t� or produced driver's license as identification. Printed name & Commission # Y.Vii, „ JENNIFER BROWN Commission # FF 202631 ig Expires June 22, 2019 t;°:`4Bonded Ttw Troy Fain Insurance 000-385.7019 Sign: Approved as to Fm and Legal Sufficiency: County Attorney P92 Sketch and Legal Description for.-/ND/AN R/VER COUNTY Legal Description (Temporary Construction Easement) Being a Parcel of land lying in Section 8, Township 32 South, Range 39 East, Indian River County Florida, said Parcel Also being a portion of Tract 5, according to the Last General Plat of Lands of the Indian River Farms Company Subdivision, as recorded in Plat Book 2, Page 25, St. Lucie County, Florida, said land now lying and being in Indian River County, Florida. Said Parcel also being a portion of a Tract of land as described in Official Record Book 822, page 799, Public Records of Indian River County, Florida. said parcel being more particularly described as follows: Commence at the West One Quarter corner of said Section 8; Thence South 89°50'24" East, along the South line of the Northwest One Quarter of said Section 8, a distance of 50.00 feet; Thence departing said South line, North 00°00'25" East, along the Southerly prolongation of and the East right-of-way line of 66th Avenue (C.R. 505) a distance of 105.00 feet to the Northwest corner of a proposed access easement and the Point of Beginning of the following described parcel; Thence continue North 00°00'25" East, along said East Right -of -Way line a distance of 15.00 feet; Thence departing said East Right -of -Way line, South 89°50'24" East, a distance of 110.00 feet; Thence South 00°00'25" West, along a line that is 10.00 feet East of and Parallel with, as measured at right angles to,' the East Line of said Proposed Access Easement, a distance of 30.00 feet; Thence South 89°50'24" East, along a line that is 10.00 feet North of and Parallel with, as measured at right angles to, the North line of proposed Parcel 308, a distance of 543.26 feet the the West Right -of -Way line of 65th Avenue (a private road) as shown on the Plat of Empty Pockets Subdivision, as recorded in Plat Book 12, Page 37, Public Records of Indian River County, Florida; Thence South 00°00'25" West, along said West Right -of -Way line, a distance of 10.00 feet;Thence North 89°50'24" West, along a line that is 80.00 feet North of, and Parallel with, as measured at right angles to, the South line of the Northwest One Quarter of said Section 8, said line also being the North line of said Proposed Parcel 308, a distance of 553.26 feet; Thence North 00°00'25" East, along the East line of said Proposed Access Easement, a distance of 25.00 feet; Thence North 89°50'24" West, along the North line of said Proposed Access Easement, a Distance of 100.00 feet to the East Right-of-way line of said 66th Avenue (C.R. 505) and the Point of Beginning. Containing 7333 Square Feet, more or Tess Surveyor's Notes 1). This Sketch and Legal Description was prepared with the benefit of a Right of Way Map prepared by Kimley Horn for Indian River County , Job No. 1505, Dated July 25, 2017. Together with the Last General Plat of the Lands of the Indian River Farms Company Subdivision, Recorded in Plat Book 2, Page 25, Public Records of St. Lucie (now Indian River County), Florida. 2).This legal description shall not be valid unless: EXHIBIT "C" (a) Provided in its entirety consisting of 2 sheets , with sheet 2 showing the sketch of the description. (b) Reproductions of the description and sketch are not valid unless signed and sealed with an embossed surveyors seal. 3). The bearings shown hereon are Referenced to the South line of the Northwest One Quarter of Section 8, Township 32 South, Range 39 East as shown on the Right -of -Way Map prepared by Kimley-Hom, Sheet 6 of 16, Dated July 25, 2017. said line bears South 89°50'24" East and all others are relative thereto. Certification (NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER) Legend and Abbreviations C.R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE = PAGE PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT. = SQUARE FEET R = RANGE RNV = RIGHT-OF-WAY T = TOWNSHIP PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION I HEREBY CERTIFY THAT THE SKETCH AND LEGAL DESCRIPTION OF THE PROPERTY SHOWN AND DESCRIBED HEREON WAS COMPLETED UNDER MY DIRECTION AND SAID SKETCH AND LEGAL IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. I FURTHER CERTIFY THAT THIS SKETCH AND DESCRIPTION MEETS THE STANDARDS OF PRACTICE FOR SURVEYS SET FORTH BY THE FLORIDA PROFESSIONAL BOARD OF SURVEYORS AND MAPPERS IN CHAPTER 5J-17.052 FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATE STATUTES. - $30 a'_.r)i7 DATE OF SIGNATURE DAVID M. SILON PROFESSIONAL SURVEYOR AND MAPPER This is not a Boundary Survey FLORIDA CERTIFICATE NO. 6139 OJECTS\1505-66th Ave Widening_49th St to 81st St\Survey\Dwg\PDF\1505—Parcel 208TCE Skt—LgI.dwg F:\Public Works\ENGINEERING DIVISION AGENCY: /ND/AN RIVER COUNTY, FL PUBLIC WORKS DEPT./ENG/NEER/NG D/V. DATE: 8/30/17 DRAWN BY: R. /NGLETT SCALE: N/A APPROVED BY: D.S/LON SHEET: 1 OF 2 JOB NO: 1505 Sketch and Legal Description for: /ND/AN R/VER COUNTY (6590 651h STREET) P93 Sketch and L ega/Description for: /ND/ANR/VER COUNTY 50' t0 (b 6 U w In W l - in 1n 0 O o O 0 Z z w w O z J 1- tn 2 W ZE ki K U 00 A'- S89'50'24"E 50.00' 50' 50' 14. O n. W EAST RIGHT-OF-WAY L INDIAN RIVER FARMS COMPANY Tract 5 (PBS 2, PGE 25) 32-39-08-00001-0050-00001.0 SBA TOWERS 111 LLC SITE ADDRESS: 6590 65th STREET O.R.B. 822, PG. 799 N00'00'25"E-15.00' m/ S89'50'24"E - 110.00' /////// ////////�/, /N89'50' 4"W - 100.00' PROPOSED ACCESS EASEMENT NE N 00'00'25"E- 25.00' EAST LINE OF PROPOSE ACCESS EASEMENT NOT TO SCALE 50' w J Q Q N O O OO r0 O 1n NORTH UNE OF PROPOSED PARCEL S89'50'24"E-543.26' 1: (.4 > V 1 � D I'T1 vrri //7333 SQ. FT.*/ ,///;,//// N89'50'24"W- 553.26' PROPOSED PARCEL 3082 65th STREET (SOUTH WINTER BEACH ROAD) S89'50'24"E b, SOUTH LINE OF THE NORTHWEST 1/4 SECTION 8 AND SOUTH LINE TRACK 5 Legend and Abbreviations C.R. = COUNTY ROAD I.R.F.W.C.D. = INDIAN RIVER FARMS WATER CONTROL DISTRICT L = LENGTH OF ARC LLC = LIMITED LIABILITY COMPANY O.R.B. = OFFICIAL RECORD BOOK (P) = PLAT P.B. = PLAT BOOK PGE = PAGE PROVIDED IN ITS ENTIRETY CONSISTING OF 2 SHEETS WITH SHEET 2 BEING THE SKETCH OF DESCRIPTION AGENCY: /ND/AN R/YER COUNTY, FL PURL/C WORKS DEPT./ENG/NEER/NG D/V DATE: 8/30/17 DRAWN BY: R. /NOL£TT SCALE: N/A APPROVED BY: D.S/LON SHEET: 2 OF JOB NO: 1505 P a -J yI N 0 U 0 a n 0 a 3 i g cn e 0 1 e O a 0 lala 6 vs 5 0 a. Z_ Z PBS = PLAT BOOK ST. LUCIE A =DELTA ANGLE SQ. FT.= SQUARE FEET R = RANGE RNV = RIGHT-OF-WAY T = TOWNSHIP This is not a Boundary Survey Sketch and Lega/Description for /ND/AN R/VER COUNTY (6590 65th STREET) P94 t• INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Directo FROM: James W. Ennis P.E., County Engineer, SUBJECT: Indian River County Shooting Range Hunter Education Classroom Change Order No. 1 (Final), Final Payment and Release of Retainage DATE: September 18, 2017 DESCRJPTION AND CONDITIONS On February 21, 2017, the Board of County Commissioners awarded Bid No. 2017008 to Proctor Construction Company, LLC in the amount of $536,666.00 for the construction of the Indian River County Shooting Range Hunter Education Classroom. The project consists of a 2,400 -square foot structure with 900 -square foot covered patio area. The interior will consist of classroom space, offices, storage rooms, and restroom facilities. The site plan includes sidewalk connectivity, drainage improvements, septic system, and a potable water well system. The classroom will provide a location for multiple agencies, including Indian River County, to provide education and outreach. Construction of the project is complete. Change Order No. 1 (Final) is to make final adjustments to contract bid items for a decrease to the total contract price by $28,550.84, making the final cost of $508,115.16 which includes final contract time adjustments. Proctor Construction Company, LLC has been paid $436,713.21 to date, with $22,984.91 held in retainage. Proctor Construction Company, LLC has submitted Application for Payment No. 5 for final payment and release of retainage in the amount of $71,401.95. Once final releases of liens from all Proctor Construction Company, LLC subcontractors have been received, reviewed and approved, payment will be processed. FUNDING The Florida Fish and Wildlife Conservation Committee awarded Indian River County a $144,000 grant. Funding is budgeted and available as follows: Optional Sales Tax Hunter Education Classroom Account No. 31521072-066510-16017 $48,417.04 Optional Sales Tax Retainage Account No. 315-206001-16017 Hunter Education Classroom $22,984.91 F:\Public Works\ENGINEERING DIVISION PROJECTS \1213C IRC Shooting Range Hunter Education Classroom\1-Admin\Agenda Items\Final Change Order -BCC closeout\Staff Report CO No. I .doc P95 PAGE TWO IRC Shooting Range Hunter Education Classroom October 3, 2017 RECOMMENDATION Staff recommends approval of Change Order No. 1 Final and payment of Application for Payment No. 5 to Proctor Construction Company, LLC in the amount of $71,401.95 for final payment and release of retainage. ATTACHMENTS 1. Contractor's Application for Payment No. 5 2. Change Order No. 1 (Final) DISTRIBUTION Proctor Construction Company, LLC APPROVED AGENDA ITEM FOR OCTOBER 3, 2017 F:\Public Works\ENGINEERING DIVISION PROJECTS\1213C IRC Shooting Range Hunter Education Classroom\1-Admin\Agenda Items\Final Change Order -BCC closeout\Staff Report CO No. 1.doc P96 SECTION 00622 - Contractor's Application for Payment INDIAN RIVER COUNTY SHOOTING RANGE HUNTER EDUCATION CLASSROOM Application for Payment No. 5, For Work Accomplished through the period of August 1. 2017 through August 31, 2017. To: Indian River County (OWNER) From: Proctor Construction Company, LLC. (CONTRACTOR) Bid No.: 2017008 Project No.: 1213C 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $536,666.00 2. Net change by Change Orders and Written Amendments (+ or -): $0.00 3. Current Contract Price (1 plus 2): $536.666.00 4. Total completed and stored to date: $508.115.16 5. Retainage (per Agreement): 10% of completed Work: 0% of retainage: $0.00 Total Retainage: $0.00 6. Total completed and stored to date less retainage (4 minus 5): $508,115.16 7. Less previous Application for Payments: $436,713.21 DUE THIS APPLICATION (6 MINUS 7): $71,401.95 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 00622 -July Contractor's Application for Payment - 03-10 rev 00622 -1 G:1Project FileslRC Shooting Range Hunter Education Classroom17. Project Acoounting101 Owner Pay App105 - August Pay Application FINAL100622 -.hay Contractors Application for Payment - 03.10 rev.doc Rev. 05/01 P97 fj cc i g 8 d 8 0 8 0 8 d 8 8 0 8 d 8 d 8$ c o 8 0 8 o 8 d 0.00 8 d 8 o 8 d 8 d 0.00 8 d 0.00 8 0 8 d 8 d i $$ o 0 8 0 8 0 8 o 8 u 8 o d 8 d 8 o 8 0 8 d S d S o S 0 8 0 8 0 S 0 8 d 8 o S 0 S 0 8 0 8 0 11 S 8 d 8 d 8 d 8 o 0.00 8 d 1 0.00 8 d 0.00 0.00 8 0 8 0 8 o 8 d 8 d 0.00 0.00 8 o 8 d 0.00 0.00 8 o 8 0 8 0 g g 8 8 8 8 8 8 5 8 8 8 S 8 8 8 8 8 8 8 8 8 8 8 p+ ;p^ ' N nu1 O 01 n N N 8 r ; 60i4 %Li 4 1.eeO !Ng ''1 4 . m.1 . N. 1.. 0. O n N N b Nti . m 11 ..,01 O 1`J $ 8$ $ 8 001 8 1.00 8 8 .: .: 8$ .: .1 8 .1 8 8 .7 8$ 8 . 8$ 8 .1 .1 8 8$ .. O 8 1^y 1~e 8 o 8 d 8 0 8 0 4 m 0.00 0.00 n SII 8 d 8 d 8 o 0.00 645.53 0.00 0.00 95.19 2,337.82 ro 464.52 t Oh 8CO 0 o d 0 d 0 Q o 0 3 0 0 0 d 0 8 8 d d 7 1 a V O ^1� 1D O 1G b ~~1pp q ..77 n I, 14 1hp i„:. O 0Hp ^ n ryb ~ N a4 d N a M1 1�p�q N N h /n yq1 4 us N r • 0� ,4 N NF. "1 .moi 4 T N f� ry 3. ��tti 10 g d �2 b O n .ti i O ^m d m o 8 .4 8 .4 8 .1 8 .i a+ o di d 8 8 .i .4 0 .4 & o 8 .. 8 .1 8 .4 8 w .4 o 8 .4 8 .1 m I 0 C. 8 0 8 o g d SCHEDULED VAWE VV I5 7. S g 111%p1 1O q *R ri „, .i-1 .-i 1 27,637.85 27,637.85 X1.11 .-1 I: T Vf 8 •� • . 01 l0 N • • N 0 ^ I� N 1IV� .1 43 N N ~ 00 A .ryf ri .-1 N 1A 01 N 20,737.09 1 .4 O 1I! N 01 a ( •• W OQ .i ?.. .4 eV N N 10 ry1 g o Y 10 n �0 Lo .1. , .i 1~/I f: Qa! R LA r pp N v a 1G .N A N F r- tu1 n so ,p44• N pp o •�p . N pp p� W •-1 1! 1 0 A n .. ^I ° r 1Y� ^ 10 10 .1 m a 5 e ry 1'II vi M N n R gti N .1 .4 .4 .4 .y N .1 N .1 N .1 .1 .1 N N N .i .4 .y N .1 .1 PROCUREMENT AND CONTRACTING REQUIREMENTS VI a 8 Z CONCRETE o METALS E S 0 R� # EXTERIOR ROUGH (CARPENTRY LABOR) EXTERIOR ROUGH CARPENTRY (TRUSS MATERIAL) COMPOSITE RAIUNGS (MATERIAL) COMPOSITE RAILINGS (LABOR) THERMAL ANO MOISTURE PROTECTION THERMAL INSULATION ASPHALT SHINGLES SHEET METAL FLASHING AND TRIM a a $ t 2 DOOR HARDWARE (MATERIAL) DOOR HARDWARE (LABOR) z z CEMENT STUCCO GYPSUM BOARD ACOUSTICAL CEIUNGS RESINOUS FLOORING PAINTING (EXTERIOR) HIGH-PERFORMANCE COATINGS n F SIGNAGE TOILET COMPARTMENTS TOILET, BATH, AND LAUNDRY ACCESSORIES iN O N 01 4 N b 1, 00 01 OS } P98 1 I8 8 0 8 8 d o 8 d 8 8 8 d cg 8 0 8 8 O d 8 d 8 8 0 0 8 8 0 0 8 0 8 0 0 8 d 4 § 8 A 8 8 11 8 4 4 g a s, H N 8 8 8 a 8 0 8 8 d 01 0 0 8 d 0 0 0 z 8 8 0 + d d 0 m tea pa 0 d d m d N 4 p.. 1 N •1 0 3 pp4 pN t-1 4 N a N to N 1-1 H N N ei J 0 W z 0 a K � a NTRATION & AIR ONOITIO >8 0 x � 0cc 0 0 8 le 0 M 14 en 1 m 0 8 8 8 d 8 d a 4 „ 8 0 8 0 8 0 A 8 8 8 8 a 4 1.1 4 d a- 0 N 4 0 10 d 0 a • —71 4 t-4 ea t2 N t-1 t'1 N 3 Ya US 0 0 yO N V 3 M 0 3 Fp� 0Sgstil � Rggrea W fO0� s 111°Z nN p a P99 2. Updated Construction Schedule per Dated 6/1111 STATE OF FLORIDA COUNTY OF INDIAN RIVER By: , and Page 2 of 5 — must be signed by an Officer of the Corporation) Donald L. Tolliver, President/COO Print Name and Title Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Donald L. Tolliver , who being by me first duly sworn upon oath, says that he/she is the President 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 Contractor's Application for Payment and Contractor's 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 '1+11 day of fir- *rr,rl Ty , 20 1'"j . 1 r�1r1 L Tnklivet' is sersonally known to me or has produced (SEAL) 1 . "" SARAH E. TESTA 1. Nataty Public • Stats of Florida t : r • Commission I FF 94U642 t . ; My Comm. NAMFa► 26.7020 I lonaadtA►or�61.NlSonal Noury Man.. as rdenti'cation. NOTARY PUBLIC: 1 Q ' o Printed name: `fit' E. Tia Commission No.: l9F CHK -42_. Commission Expiration: Taj• 2.1 .0 , 202_0 Please remit payment to: Contractor's Name: Proctor Construction Co Address: 2050 US Hwy 1 Ste 200 Vero Beach, FL 32960 [The remainder of this page was left blank intentionally] 00622 -July Contractor's Application for Payment - 03-10 rev 00622 - 2 GAProject Files1IRC Shooting Range Hunter Education Classroom17. Project Accou tng101 Owner Pay App105 - August Pay Application FINAL100622 -July Contractor's Application for Payment - 03-10 rev.doc Rev. 05101 P100 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 SURETY: Attest: Secretary Corporate Surety STATE OF FLORIDA COUNTY OF INDIAN RIVER Business Address BY: Print Name: Title: (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 swom to before me this day of , 20 Notary Public, State of My Commission Expires: [The remainder of this page was left blank intentionally] 00622 -July Contractor's Application for Payment - 03-10 rev 00622-3 G:V'rolect FilestIRC Shooting Range Hunter Education Classroom47. Project Aocounting101 Owner Pay App{05 - August Pay Application FINAL100622 -July Contractor's Application for Payment - 03-10 rev.doc Rev. 05101 P101 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 /7 t CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractor's 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 issue. Dated SIGNATURE [The Remainder of This Page Was Left Blank Intentionally] 00622 -July Contractor's Application for Payment - 03-10 rev 00622 - 4 G: Projecl Files'IRC Shooting Range Hunter Education Classrooml7. Project Accounting101 Owner Pay App105 -August Pay Application FINAL100622 -July Contractor's Application for Payment - 05-10 rev.doc Rev. 0.901 P102 Page 5 of 5 ATTACHMENT 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): N/A 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): N/A 00622 -July Contractor's Application for Payment - 03-10 rev 00622 - 5 GAProject FIIesilRC Shooting Range Hunter Education Classroom17. Project Accounting101 Owner Pay App105 - August Pay Application FMIAU00622 July Contractors Application for Payment - 03-10 rev.doc Rev. 05101 P103 1 rl A )1 • ••,' ir. I1(k, ,0•1• owl io con:6,1(volio,1 „1 :/h';(/ (V•VP•1•! 11-' I •Y),9;;() „; wuj,-11 ocl1uoty1(lp,crt,11'10))' releases quit to tho assigug, and MC DT) ('f'ir f .:1.0E o‘yor,r, .10,i13:;, claims or demands of any kind whatsoever which the undersigned now line or might have again:A the Imildirw, on frreini::es died ITU; _II -I00'111,10 t3AIR3i ,A ou necomrt of labor performed aurl/or runterial furnished for the coushrietion of any improvements !hereon. That n1110)01. owl materials used by the underaigned iii the erection of said Marro vomerrit; ho've been fully paid ler. IN WHET ti0F, 1 tiny° ta..reurao so,i hand sent [his Dny olif tt! 2.011 AlROOF TRIJS`MS, INC. del '5 1 :1'. TAJC,TE BLVD FORT P1P4?.i!ti. 1q13/1946 By Authorized Signature , 1(1 1(i r1 Subscribed and Sworn Beforo Me this I Day Of 2017 Notary Public: ' 1 f Check Number 9618 Check Pate 08/09/2017 , t • P104 PARTIAL WAIVER AND RELEASE OF LIEN The undersigned lienor, in consideration of the sum of ZERO DOLLARS. $0.00 Paid by: Proctor Construction Co. 2050 Highway US 1 -- Ste 200 Vero Beach, FL 32960 RECEIPT of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 7/31/17 to IRC BD CTY COMMISSIONERS on the following project: IRC SHOOTING RANGE CLASS This waiver and release does cover any retention or labor, services or Materials furnished thru 7/31/17. RF CONCRETE CONSTRUCTION, INC. P.O. BOX 650789, 664 OLD DIXIE HIGHWAY VERO BEACH FL 32965-0789 By: Autho zed Re esentative Subscribed and sworn before me this 15 day o2017. Nota Commission Number: (f poicSI ....."";\ TERRI HINZMAN Commission M FF 119651 — , My Commission Expires Ma 05, tot 6 P105 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT The undersigned lienor, in consideration of the sum of THREE THOUSAND THREE HUNDRED SEVENTY FIVE AND .00 DOLLARS $3,375.00 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials furnished after 07/31/2017 A-1 CONSTRUCTION CO., INC. 440 S MARKET AVE, FT PIERCE FL 34982 WAIVER # 6231 BY a/titet Authp(rized Representative Subscribed and sworn before me this day of 401-617 Q 17 Not SARAN E. APODACA Notary Public • Melo 01 Florida Commission 0 FF 949412 My Comm. Expires Jan 11.2020 OmmmommommonommoomoomonmlinuOmMilmoongn RECEPVED AUG 302017 PROCTOR CONSiRuCTIOp! P106 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT The undersigned lienor, in consideration of the sum of SEVENTEEN THOUSAND NINE HUNDRED THIRTY EIGHT AND .89 DOLLARS $ 17,938.89 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials furnished atter 07/31/2017 ALL RITE WATER PURIFICATION 6605 N. US HWY 1, VERO BEACH FL 32967 WAIVER # 6236 Authorized Represe Subscribed and sworn before me thday o X2017 NotCAE rim_ SARAH E. APODACA Notary Public • Stats of Florida Commission N FF 949412 My Comm. Expires Jan 11. 2020 P107 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT The undersigned lienor, in consideration of the sum of THREE THOUSAND EIGHT HUNDRED FIFTY NINE AND .57 DOLLARS $3,85957 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials furnished after 07/31/2017 ATLANTIC ROOFING II OF VERO BEACH, INC. 4020 43RD AVENUE, VERO BEACH FL 32960 WAIVER # 6235 B L .� :. , e iIv i Subscribed and sworn before me this A) day of 2017 Notary t_ L 11-- `_ 0-081.1 k; Authorized Representative ggti, DEBORAH L. AUSTIN ?.: .e Commission # FF 079676 g• +_ rb Expires January 6, 2018 ZQ, •f a Baked 711u troy Fa'n Insurance 00040070?0 weww P108 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT RFCE!VED SEP 0 5 Z017 PROilOP tON , P,Ul i =!,t, The undersigned lienor, in consideration of the sum of EIGHT HUNDRED TEN AND .00 DOLLARS $810.00 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS .This release of lien does not cover labor, services or materials furnished after 07/31/2017 COMPLETE CLEANING SERVICE , INC 1599 10TH AVENUE, #B VERO BEACH FL 32960 WAIVER # 6221 By -(let ( /41 cc Authorized Representative Subscribed and sworn before me this 1 day o1i>017 Notary . Ant Notary Public State of Florida hary L Langdon My Commission 00 116100 Expires 06/25/2021 Yl- P109 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT RECEIVED SP' 06 ,011 'RrlfTOOR r.t►NcrRfltTION The undersigned lienor, in consideration of the sum of NINE THOUSAND NINE HUNDRED NINETY AND .00 DOLLARS $9,990.00 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials flnnished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials furnished atter 07/31/2017 AG SCAPE DBA FLORIDA SITE CONTRACTING 866 11TH CT CW, VERO BEACH FL 32962 WAIVER. # 6234 By Authorized Representative Subscribed and sworn before me this / 5,1' day of NotaryLa (4 -i7 ,00.4.1t„DEBORAH A CROCKETT MY COMMISSION # 00002697 EXPIRES June 19. 2020 Mr; 7f1.0153 ibrldeNou Mrvke.eom P110 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT The undersigned lienor, in consideration of the sum of SIX THOUSAND THREE HUNDRED NINETY SIX AND .75 DOLLARS $6,396.75 paid by PROCTOR CONST CO LLC 2050 US 1IIGIIWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials furnished after 07/31/2017 GRIMES HEATING AND AIR CONDITIONING CO. 3054 N. U.S. HWY I, FORT PIERCE FL 34946 WAIVER # 6228 By A47tL utl rizeesentativv e r h' Subscribcd'answorn before me this z1.1 day WILL2017 Notaryt 18 * + t �- r SUSAN MONTENEGRO ,q MY COMMISSION 0 GG 089099 Nj EXPIRES: Apr02.2021 ,orBondod Tlru Noury Pubk Underwriters P111 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT KECEPV'ED SEP 01 2017 PROCTOR CONSIKUC IOfl The undersigned lienor, in consideration of the sum of FOURTEEN THOUSAND ONE HUNDRED THIRTY AND .00 DOLLARS $14,130.00 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which Is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials furnished after 07/312017 ENERGY AND IMPACT SOLUTIONS LLC DBA VERO GLASS & MIRROR, 1669 OLD DIXIE HWY VERO BEACH FL 32960 WAIVER # 6232 By Authorized Representative Subscribed and sworn before me this , >` -day of 1 c j .2017 r � Notate' ` (:. � t � : ,�L SKYLA RUSH MY COMMISSION W FF246657 EXPIRES July 05.2019 1a:4) 2Nr016W Florid.Nu)a.y8e,vicu.com P112 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT RECEIVED SE ' 0 6 2017 PROCTOR CONSTRUCTION The undersigned lienor, in consideration of the sum of NINETEEN THOUSAND THREE IHHUNDRED FIVE AND .00 DOLLARS $ 19,305.00 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lion for labor, services, or materials furnished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials furnished after 07/31/2017 PLEXI CHEMIE, INC DBA INDUSTRIAL FLOORING SPECIALI 606-6 LANE AVENUE NORTH, JACKSONVILLE FL 32254 W 'R#6233 1 Authsj'ed Representative ,day Subs: ibed and sworn before me this\5' r otC Cri41'017 i Nota,. 4 Nerds D. Freemen 1.1 Notary Public State of Ronda My Commission EVIres Commission No. FF 9169 Diary Pu IC of Florida My Commas n Wires 9IPmr Commission No. FF 91 P113 FROM : FAX NO. :321-725-0703 Aug. 30 2017 05:54PM Pi PARTIAL WAIVERAND RELEASE OF LIEN UPON PROGRESS PAYMENT The undersigned lienor, in consideration of the atm of ONE THOUSAND THREE HUNDRED FORTY SEVEN AND .30 DOLLARS 51,347.30 paid by PROCIUR CONST CO LLC 2050 US HIGHWAY 1 SUITE 2110 VERO BEACH, FL 32960 receipt of which is hereby aclmowledged, hereby waives end rake= irs lien and right to edam a lien for labor, services, or materials furnished dovugh 07/312017 to IRC BD CTY COMMISSIONERS on the followhig project IRC SHOOTING RANGE CLASS This release alien does not cover labor, services or material furnished after 07/31/2017 R AND E CARPENTRY, INC. 1521 BRBBZWOOD LANE NW, PALM BAY FL 32907 WAIVER 1! 6224 ' Subscribed and sworn before me this day of 2017 Notary P114 PARTIAL, WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT The undersigned lienor, in consideration of the sum of ELEVEN THOUSAND THREE HUNDRED FORTY AND .00 DOLLARS $11,340.00 paid by PROCTOR CONST CO 1,I,C 2050 US HIGHWAY 1 SUITE 200 VERO BEACII, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC BD C'1'Y COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien docs not cover labor, services or materials furnished after 07/31/2017 RB PLASTERING & STUCCO 4891 NORTH US IIWY 1, FORT PIERCE FI. 34946 WAIVER 116230 By Authorized Representative Subscribed and sworn before inc this:,) day of111Xty 2017 tl Notary_L j (S1-( 1(11-J) ) •'" CHELLIA FARIS • • MY COMMISSION NFF186562 ta: EXPIRES January 1, 2019 11071999.015:1 FIortdlNolnryServlce.conl P115 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT The undersigned lienor, in consideration of the sum of EIGHT THOUSAND THREE HUNDRED THIRTY FOUR AND .00 DOLLARS $8,334.00 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC BD CTY COMMISSIONERLS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials finnished after 07/31/2017 RUSSELL PAYNE PAINTING, INC. 1765 COMMERCE AVENUE, SUITE I VERO BEACH FL 32960 WAIVER II 6223 By jJU Authorize e4ese ati e Subscribed astd sworn before me this _ Notary1/ i.'(t ,1) 1Arc // ( e VICNQE L MEDIATE Notary Put'c —Stale of Fbrda Commission r GG 082070 12y Comm. Expires Mar 13, 2021 Screw tremge NI 1r I a WY Ati„ P116 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT The undersigned lienor, in consideration of the sum of TEN THOUSAND THREE HUNDRED FIFTY AND .00 DOLLARS $10,350.00 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC BD CTYCOMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release alien does not cover labor, services or materials furnished atter 07/31/2017 SNYDBR PLUMBING OF THE TREASURE COAST, INC 1525 OLD DIXIE HWY, VERO BEACH FL 32960 WAIVER 116229 ByS i — ( i Authorized Representative Subscribed and sworn before me this day of 1 , 2017 Nolary_, !:OL /1 Int s>09IOUiO)/ LS6:119), OOM'.WJ) U7901U4 rt vutem.t ^rs^ro, .p"..,s'.►=.''�+" ,»' rens. P117 PARTIAL WAIVER AND RELEASE OF LIEN The undersigned lienor, in consideration of the sum of FIFTEEN THOUSAND THREE HUNDRED FORTY-FIVE AND .14 DOLLARS. $15,345.14 Paid by: Proctor Construction Co. 2050 Highway US 1 — Ste 200 Vero Beach, FL 32960 RECEIPT of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 7/31/17 to IRC BD CTY COMMISSIONERS on the following project: IRC SHOOTING RANGE CLASSROOM This waiver and release does cover any retention or labor, services or Materials furnished thru 7/31/17. SUNFLOWER LANDCAPING 6203 53RD STREET VERO BEACH, FL 32967 B Authorized Representative �� Subscribed and sworn before me this G' day of -AP/ 2017. Notary Commission Number: P118 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT The undersigned lienor, in consideration of the sum of TWENTY FOUR THOUSAND FIVE HUNDRED TWENTY NINE AND .50 DOLLARS $24,529.50 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives end releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials furnished after 07/31/2017 STUART PAINT AND SUPPLY, INC. P.O. BOX 1177, 657 NE DIXIE HWY 34957 JENSEN BEACH FL 34958 WAIVER # 6225 thorize cpresentative Subscribed and sworn before me this 30 day ofa4 �) 2017 Notary'LJ) a.,1 J.. �-n.:- Ax(,, OF n Notary Public Slots of Florida Dianna Knight ► My Comm esIon 00 095000 Expires OS/210021 P119 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT RFCIEWFD SEP 05 7917 PRO( 10P f Ohi. I IR,,. ill The undersigned lienor, in consideration of the sum of ONE THOUSAND SEVEN HUNDRED TEN AND .00 DOLLARS $1,710.00 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials furnished after 07/31/2017 TOTAL QUALITY SERVICES 1850 SW HACKMAN TERR, STUART FL 34997 WAIVER # 6226 B Authorized Subscri Notary, entative and sworn before me this O day of / 2017 oxRY.<% Steven AC enn PUBLIC a9 WOT ::TATE OP FLORIDA ccliil '. i'iY6:i!1 `3�`• 1-..xpir i/iii )18 P120 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT RECE'VED AUG 3 0 2017 PROCTOR CONS I RUICTIOP The undersigned lienor, in consideration of the sum of SEVEN THOUSAND SIX HUNDRED FIFTY TWO AND .61 DOLLARS $7,652.61 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials furnished after 07/31/2017 WHITE ELECTRIC, INC. 645 3RD PLACE, VERO BEACH FL 32962 WAIVER # 6227 B ...�Gt �„ Autigized Re esentative Subscribed and swom before me tlday2017 `C Nota /_' vu SARAH E. APODACA Notary Public - 81ato 01 Florida Commission 0 FF 949412 My Comm. Esplres Jan 11.2020 P121 SECTION 00942 - Change Order Form No. 1 (Final) DATE OF ISSUANCE: 10/3/2017 EFFECTIVE DATE:10/3/2017 OWNER: Indian River County CONTRACTOR PROCTOR CONSTRUCTION COMPANY. LLC Project: INDIAN RIVER COUNTY SHOOTING RANGE HUNTER EDUCATION CLASSROOM OWNER's Project No. 1213C OWNER'S Bid No. 2017008 You are directed to make the following changes in the Contract Documents: Description: The project is complete. This change order Is Intended to make final adjustments to bid line items and contract time in order to make final payment and release of retainage to the Contractor. Attachments: (List documents supporting change) 1. Description of itemized Changes 2. Work change Directives 1 — 4 CHANGE IN CONTRACT PRICE: • Description • Amount Original Contract Price $536.666.00 Net increase (decrease) this Change Order: (Weather Days) Substantial Completion: Final Completion: Net increase (decrease) of this Change Order: f$28.550.841 Contract Price with all approved Change Orders: $508.115.16 ACCEPTED: By: C • : • CTO -1-. ignature) Date: %/a/// 7 CHANGE IN CONTRACT TIMES Description Time Original Contract Time: Substantial Completion: Final Completion: (days) .12Q 150 Net increase (decrease) this Change Order: (Weather Days) Substantial Completion: Final Completion: (days) 7 7 Contract Time with all approved Change Orders: Substantial Completion: Final Completion: (days) 127 1Q7 RECOMMENDED: cZA+4% %Q. E'4 S ENGINEER (Signature) Date: qvII APPROVED: By: OWNER (Signature) Date: Change Order No. 1 Final 00942 -1 F:1Pubfo Wodn1ENOINEERINO DNIBION PROJECTS11213C IRC Shooting Renpe Hunter Education CleseroornIt•AdrrdnIAgende ItemelFinal Chirps Order -BCC oloseout%Change Order No. 1 F nal.doc Rev. 06101 P122 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Directo FROM: James W. Ennis P.E., County Engineer SUBJECT: Indian River County Shooting Range Hunter Education Classroom Change Order No 1 (Final), Final Payment and Release of Retainage DATE: September 18, 2017 DESCRIPTION AND CONDITIONS On February 21, 2017, the Board of County Commissioners awarded Bid No. 2017008 to Proctor Construction CompanyLLC in the amount of $536,666.00 for the construction of the Indian River County Shooting Range Hunter Education Classroom. The project consists of a 2,400 -square foot structure with 9QO'sguarefootcoveredpatioarea.Theinteriorxvi||consimtcfdassnoomspace,offices,sb»raQeroonns,and restroom facilities. The site plan includes sidewalk connectivity, drainage improvements, septic system, and a potable water well system. The classroom will provide a location for multiple agencies, including Indian River County, to provide education and outreach. Construction of the project is complete. Change Order No. 1 (Final) is to make final adjustmentstocontract bid items for a decrease to the total contract price by $28 550.84, making the final cost of $508,115.16 which includes final contract time adjustments. Proctor Construction Company, LLC has been paid $436,713.2lto date, with $22,984.91 held in retainage. Proctor Construction Company, LLC has submitted Application for Payment No. 5 for final payment and release mfretainage inthe amount of$7l,4Ol.9S. Once final releases of liens from all Proctor Construction Company, LLC subcontractors have been received, reviewed and approved, payment will be processed. FUNDING The Florida Fish and Wildlife Conservation Committee awarded Indian River County a $144,000 grant. Funding is budgeted and available as follows: Optional Sales Tax Hunter Education Classroom Account No. 31521O72-O6851O'16017 $48,417.04 Optional Sales Tax Retainage Account No. 315-206001-16017 Hunter Education Classroom $22,984.91 e\Pouic DIVISION PROJECTS\1213C IRC Shooting Range Hunter Education claamvom*mmm\Agenda Itemmnnm Change Order -BCC closeout\Staff Report CO No. 1 .doc - PAGE TWO IRC Shooting Range Hunter Education Classroom October 3, 2017 RECOMMENDATION Staff recommends approval of Change Order No. 1 Final and payment of Application for Payment No. 5 to Proctor Construction Company, LLC in the amount of $71,401.95 for final payment and release of retainage. ATTACHMENTS 1. Contractor's Application for Payment No. 5 2. Change Order No. 1 (Final) DISTRIBUTION Proctor Construction Company, LLC APPROVED AGENDA ITEM FOR OCTOBER 3, 2017 F:\Public Works\ENGINEERING DIVISION PROJECTS \1213C IRC Shooting Range Hunter Education Classroom\1-Admin\Agenda Items\Final Change Order -BCC closeout\Staff Report CO No. 1.doc P96 SECTION 00622 - Contractor's Application for Payment INDIAN RIVER COUNTY SHOOTING RANGE HUNTER EDUCATION CLASSROOM Application for Payment No. 5_ For Work Accomplished through the period of August 1. 2017 through August 31, 2017. To: Indian River County (OWNER) From: Proctor Construction Company. LLC. (CONTRACTOR) Bid No.: 2017008 Project No.: 1213C 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $536.666.00 2. Net change by Change Orders and Written Amendments (+ or -): $0.00 3. Current Contract Price (1 plus 2): $536.666.00 4. Total completed and stored to date: $508.115.16 5. Retainage (per Agreement): 10% of completed Work: 0% of retainage: $0.00 Total Retainage: $0.00 6. Total completed and stored to date less retainage (4 minus 5): $508,115.16 7. Less previous Application for Payments: $436,713.21 8. DUE THIS APPLICATION (6 MINUS 7): $71.401.95 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 -July Contractor's Application for Payment - 03-10 rev 00622 -1 G:1Project FilesVRC Shooting Range Hunter Education Classrooml7. Project Acoounting101 Owner Pay Appf05 - August Pay Application FINALW0622 -July Contractors Application for Payment - 03-10 rev.doc Rev. 05101 P97 Pa Appllution for NUNTIR IDUCAITON CMSNI W OM IRC PROJECT NO. 1213C PAY APP N0.5 Ar1UCATION #mss AT1DAfeiN DAMisentM, Off NNW TDIA./si.sft mogeorsambei.takke...ta VW. 1 SCHEDULED VALUE PREVIOUS APPUCATION THIS PERIOD TOTAL COMPLETED % MATERIALS BALANCE TO ANON 0M No DaerWMen 1 QTY UNIT UM Price Amount QUANTITY Amount QUANTITY Amount QUANTITY 1 Amount STORED QUANTITY AN10Unt 1 PROCUREMENT AND CONTRACTING REQUIREMENTS 1 LS 931.96 931.96 0.97 904.00 0.03 27.96 1.00 931.96 100.00% 0.00 0.00 0.00 2 EXISTING CONDITIONS 1 LS 4,638'52 4,638.52 0.92 4,267.44 0.09 371.08 1.00 4,638.52 100.00% 0.00 0.00 0.00 3 CONCRETE 1 62,716.67 62,716.67 1.00 62,716.67 0.00 1.00 62,716.67 100.00% 0.00 0.00 0.00 4 MASONRY 5 METALS 1 1,546.16 1,546.16 1.00 1,546.16 0.00 1.00 1,546.16 100.00% 0.00 0.00 0.00 6 WOOD PLASTICS & COMPOSITES EXTERIOR ROUGH (CARPENTRY LABOR) 1 15 27,637.85 27,637.85 1.00 27,637.85 0.00 1.00 27,637.85 100.00% 0.00 0.00 0.00 EXTERIOR ROUGH CARPENTRY (TRUSS MATERIAL) 1 is 7,16651 7,166.51 1.00 7,16651 0.00 1.00 7,166.51 100.00% 0.00 0.00 0.00 COMPOSITE RAILINGS (MATERIAL) 1 5,588.93 5,588.93 0.14 782.45 0.86 4,806.48 1.00 5,588.93 100.00% 0.00 0.00 0.00 COMPOSITE RAW NGS (LABOR) 1 773.09 773.09 0.94 726.70 0.06 46.39 1.00 773.09 100.00% 0.00 0.00 0.00 7 THERMAL AND MOISTURE PROTECTION THERMAL INSULATION 1 l5 6,426.28 6,426.28 1.00 6,426.28 0.00 1.00 6,426.28 100.00% 0.00 0.00 0.00 ASPHAITSHINGLES 1 LS 12,958.87 12,958.87 1.00 12,95827 0.00 1.00 12,958.87 100.00% 0.00 0.00 0.00 SHEET METAL FLASHING AND TRIM 1 LS 2'604.34 2,604.34 1.01 2,630.38 -0.01 -26.04 1.00 2,604.34 100.00% 0.00 0.00 0.00 JOINT SEALANTS 1 LS 773.09 773.09 0.99 765.36 0.01 7.73 1.00 773.09 100.00% 0.00 0.00 0.00 8 OPENINGS METAL DOORS AND FRAMES 1 LS 15,432.74 15,432.74 1.00 15,432.74 0.00 1.00 15,432.74 100.00% 020 0.00 0.00 DOOR HARDWARE (MATERIAL) 1 20,256.81 20,25681 1.00 20,256.81 0.00 1.00 20,256.81 100.00% 0.00 0.00 0.00 DOOR HARDWARE (LABOR) 1 l5 2,899.08 2,899.08 1.00 2,899.08 020 1.00 2,89928 100.00% 0.00 0.00 0.00 9 FINISHES CEMENT STUCCO 1 LS 72,182.88 12,182.88 1.00 12,182.88 0.00 1.00 12,182.88 100.00% 0.00 0.00 0.00 GYPSUM BOARD 1 16,13119 16,138.19 0.96 15,492.66 0.04 645.53 1.00 16,138.19 100.00% 0.00 0.00 0.00 ACOUSTICAL CEILINGS 1 is 2,995.71 2,995.71 1.00 2,995.71 0.00 1.00 2,995.71 100.00% 0.00 0.00 0.00 RESINOUS FLOORING 1 LS 20,737.09 20,737.09 1.00 20,73749 0.00 1.00 20,737.09 100.00% 0.00 0.00 0.00 PAINTING (EXTERIOR) 1 LS 9518.63 9,518.63 0.99 9,423.44 0.01 95.19 1.00 9,518.63 100.00% 0.00 0.00 0.00 HIGH-PERFORMAN4E COATINGS 1 LS 4,174.67 4,174.67 0.44 1,836.85 056 2,337.82 1.00 4,174.67 100.00% 0.00 0.00 0.00 10 SPECIALTIES SIGNAGE 1 IS 483.18 483.18 0.00 0.00 1.00 483.18 1.00 483.18 100.00% 0.00 0.00 0.00 TOILET COMPARTMENTS 1 5,161.32 5,161.32 0.91 4,696.80 0.09 464.52 1.00 5,161.32 100.00% 0.00 0.00 0.00 TOILET, BATH, AND LAUNDRY ACCESSORIES 1 LS 2,202.33 2,202.33 0.78 1,717.82 0.22 484.51 1.00 2,202.33 100.00% 0.00 0.00 0.00 mogeorsambei.takke...ta VW. 1 Po, Monselen for MAIM EDUCATION CLASSROOM IRC PROJECT N0.1213C PAY APP N0. 5 0AC/71011 NUMMI: 11 NMlIG ICOv1C/ AMMse >M�1r��+,4NrErl�dr. w.ctiw• emir w,.M..M,Y.,I.••.....awtsn,Mwyea y 2 SCHEDULED VALUE PREVIOUSAPPUCATION THIS PERIOD TOTAL COMPLETED % MATERIALS BALANCE TO FINISH ow NS DnaOdsn QTY UNIT Unit Pate . Amount QUAMRY Amoant QUANTITY : Amount QUANTITY • Amount . STORED QUANTITY Amount FIRE PROTECTION SPECIALTIES 1 LS 184.57 18457 100 184.57 0.00 1.00 184.57 100.00% 0.00 0.00 0.00 22 PLUMBING 1 15 21,443.49 21,443.49 1.00 21,443.49 i 0.00 1.00 21,443.49 100.00% 0.00 0.00 0.00 23 HEATING VENTILATION & AIR COND1110NING 1 LS 19,278.85 19,278.85 1.00 19,278.85 0.00 1.00 19,278.85 100.0046 •0.00 0.00 0.00 26 ELECTRICAL 1 33,822.55 33,822.55 0.97 32,841.70 0.029 980.85 1.00 33,822.55 100.00% 0.00 0.00 0.00 31 EARTHWORK 1 LS 34,273.84 34,273.84 0.54 18,473.60 0.461 15,800.24 1.00 34,273.84 100.00% 0.00 0.00 0.00 32 EXTERIOR IMPROVEMENTS 1 16,361.94 16,361.94 0.98 15,952.89 0,025 409.05 1.00 16,361.94 100.00% 0.00 0.00 0.00 33 UTILITIES 1 IS 27,847.55 27,847.55 0.69 19,214.81 0.31 8,632.74 1.00 27,847.55 100.00% 0.00 0.00 0.00 GENERALCONDRIONS 1 97,508.31 97508.31 0.92 89,707.65 0.08 7,800.66 100 97,508.31 100.00% 0.00 0.00 0.00 CHANGE ORDERS 1 SUB TOTAL SUBTOTAL 496,666.00 SUBTOTAL 453,298.12 SUBTOTAL 43,367.88 SUBTOTAL 496,666.00 SUBTOTAL 0.00 SUBTOTAL 0.00 �Tfj'i�'f�S:eR"fr .4j`il'�;1� '�iv55%�i. :'fA'v''��IL`r:.y'RC1.�u�}TOS.Si;�`,�y"'�rt'•'�eiP:.:�� .kC'1�1y('A�i... }'-' is i��� .]V�. �3� 2 Fhe:�_. , �'�� .i��� �� �'_riFq+;'.,���., �'!1�;'�=i 7 y fir' �'-tl>�,. h�.`` e`.�P�-0.,:� if,,_ '`u' - i'+'�e .'.�I''�:l. .to, . - �:;r_�, ~{..0.00 " . �."iry: �„�.�, �. �..a,R -err t.,_•va..;-.'., ::i . ., 7; . ,.'• +28,550.44 FORTE ACCOUNT 1 40000.00`.._ 28,550.84 0.00 0.00 � 0.00 0.00 0.00' 1.00 A p,r, :;.41.i ,. 3`g,, ,zo.'+9:' , . l�.,�y q.?:�5 *." 1,4,'ry47fgY. 4:io .. Z +.�^.�a., l'J�ai" �+C �`r`l �: C�.c'�'" s.Rr .. .. '4'` 0,4; J.Y"fW�;. L��`{b:.f$'? � 'w'�.. .'�A=," .^ e' '-VZF i'il. tl v,., fi.. , ��Snt�, .45 IP.kc` ;',31,1T' ;INM77;0444 e � ll �r V< rip ,+,� Jry :c1..F.M����-s.T• �"`.. Z 4r. .I.,', ..i'r'e , �.!w�.c��v�.. '�s�... M�6 .r W+l '�'--+ r�I �.'�t�.,. :5,c; v .. ���� 'S1., .at ,l',.. � Wt ';� ,_,,may. ,s.� 1 �a .. N'4 IY f(�AM.��+,I'`YRW ��:L i:Yp Jfpl.�rt'fAwy'Y WCD 1 Well Sint change 1 Ls 8,081.85 8,081.85 0.52 4,202.58 0.48 3,879.29 1.00 J 8,081.85 100.00% 0.00 0.00 0.00 WCD 2 ELECTRICAL 1 285 1,368.29 1,368.29 0.70 951.60 0.30453 416.69 1.00 1,368.29 100.0096 0.00 0.00 0.00 WCD 3 Addi office space addition elearieal/data 1 285 515.89 515.89 0.00 1.00 315.89 1.00 515.89 100.0046 0.00 0.00 0.00 WCD 4 REPAIR OF DAMAGED CONDUIT 1 285 1,483.13 1,483.13 0.84 1,245.83 0.16 237.30 1.00 1,483.13 100.00% 0.00 0.00 0.00 AIB TOTAL SUBTOTAL 11,449.16 SUBTOTAL 6,400.00 SUBTOTAL 5,049.16 SUBTOTAL 11,449.16 SUBTOTAL 0.00 SUBTOTAL 0.00 TOTAL TOTAL 536,666.00 TOTAL 459,691.11 "'TOTAL 48,417.05 TOTAL 508.115.16 TOTAL 0.00 TOTAL 28,550.84 AMOUNT COMPLETED TO DATE MAMMALS STORED TO DATE SUB -TOTAL MATERIALS STORED AND COMPLETE TO DATE RETAINAGE OF WORK COMPLETED AT 0% TOTAL COMPLETED AND STORED LESS RETAINAGE LESS PREVIOUS PAYMENT AMOUNT DUE CONTRACTOR $508,11536 5508,215.16 $508,115.16 5436,71331 571.401.85 >M�1r��+,4NrErl�dr. w.ctiw• emir w,.M..M,Y.,I.••.....awtsn,Mwyea y 2 2. Updated Construction Schedule per ri>Elaticr,tinn 'o-ctlnn 01310, and Dated STATE OF FLORIDA COUNTY OF INDIAN RIVER By: Page 2 of 5 — must be signed by an Officer of the Corporation) Donald L. Tolliver, President/COO Print Name and Title Before me, a Notary Public, duly commissioned, qualified, and acting, personally appeared Donald L. Tolliver , who being by me first duly sworn upon oath, says that he/she is the President 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 Contractor's Application for Payment and Contractor's 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 'lam day of itrrrr ':tr, 20 trj . 1r1 L. Z`t 1. V v' is •ersonally known to me or has produced en 1 !cation. SARAN E. TESTA. - Notary 'Pubnc - bistro! Florida Commluion r FF Y11542 _,' • : MY Comas, Eapria Fob 26, 2020 NOM ibrobib tenon Noury Asan. Please remit payment to: NOTARY PUBLIC: Printed name: 33raE. Commission No.: "Fc Commission Expiration: *Feb. ii , 2-02.0 Contractor's Name: Proctor Construction Co Address: 2050 US Hwy 1 Ste 200 Vero Beach, FL 32960 [The remainder of this page was left blank intentionally] 00622 -July Contractor's Application for Payment - 03-10 rev 00622 - 2 G:1Projecl F0es1IRC Shooting Range Hunter Education Classroom17. Project Aocountinp101 Owner Pay App105 - August Pay Application FINAL100622 -July Contractor's Application for Payment - 03-10 rev.doc Rev. 05101 P100 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 SURETY: Attest: Secretary Corporate Surety STATE OF FLORIDA COUNTY OF INDIAN RIVER Business Address BY: Print Name: Title: (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 swom to before me this day of , 20 Notary Public, State of My Commission Expires: [The remainder of this page was left blank intentionally] 00622 -July Contractor's Application for Payment - 03-10 rev 00622 - 3 G:V'rolect FilestlRC Shooting Range Hunter Education Classroom17. Project A000untirg101 Owner Pay AppWS - August Pay Application FINAL100622 -July Contractor's Application for Payment - 03-10 rev.doc Rev. 05101 P101 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 CERTIFICATION OF INSPECTOR: I have checked the estimate against the Contractor's 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 issue. Dated SIGNATURE [The Remainder of This Page Was Left Blank Intentionally] 00622 -July Contractors Application for Payment - 03-10 rev 00622 - 4 G:1Project Files\IRC Shooting Range Hunter Education Classrooml7. Project Acoountingiol Owner Pay App10S - August Pay Application FINAL100622 -July Contractors Application for Payment - 03-10 rev.doc Rev. 05101 P102 Page 5 of 5 ATTACHMENT 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): N/A 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): N/A 00622 -July Contractor's Application for Payment - 03-10 rev 00622-5 G:Wro act FilesURC Shoaling Range Hunter Education Classrooml7. Project AccauntingWl Owner Pay AppWS - August Pay Application FINA000 22 Jury Contractors Application Tor Payment - 03-10 rev.doc Rev. 05101 P103 FINAL RELEASE OF LIEN KNOW ALL Iv1El l BY TL-B3SE PRESENTS: That the undersigned for and in consideration of the payment of the sum $775,50 (SEVEN HU1'FD!U3D SEVENTY FIVE AND ,50 DOLLARS) paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO I3EACH, FL 32960 receipt of which is hereby acknowledged, hereby releases and quit claims to the assips, and IRC I3D CTY COIVIIViISSIONERS the owner, all loins, lain ruts, claims or demands of any kind whatsoever which the undersigned now has or might have against the building on premiss legallydescribed as: IRC SHOOTING RANGE CLASS on account of labor perfoxmed.and%or material furnished for the construction of any improvements thereon. That all labor and materials used by the undersigned in the erection of said improvements have been fully paid for. IN WITNESS WHEREOF, I have belenuto set my hand sen this Day of �tk 2017 A-1 ROOF T USSBS, INC. 4 451 ST. LUCIE BLVD FORliIB&d� L FL By Ani rorized Sign ure, Subscribed and Sworn BeforelVlo this 10 Day Of bki,tary Public: C4.-"4.4;4-0.,-, Check Number 9618 Check Dale 08/09/2017 V2011 :".i. 2.0 "� I PARTIAL WAIVER AND RELEASE OF LIEN The undersigned lienor, in consideration of the sum of ZERO DOLLARS. $0.00 Paid by: Proctor Construction Co. 2050 Highway US 1 -- Ste 200 Vero Beach, FL 32960 RECEIPT of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 7/31/17 to IRC BD CTY COMMISSIONERS on the following project: IRC SHOOTING RANGE CLASS This waiver and release does cover any retention or labor, services or Materials furnished thru 7/31/17. RF CONCRETE CONSTRUCTION, INC. P.O. BOX 650789, 664 OLD DIXIE HIGHWAY VERO BEACH FL 32965-0789 By: Autho zed Re esentative Subscribed and sworn before me this 15 day oaft 2017. Commission Number: of 111(os TERRI HINZMAN Commission M FE 119651 g My Commission Expires 4„ Ma 06, 2018 P105 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT The undersigned lienor, in consideration of the sum of THREE THOUSAND THREE HUNDRED SEVENTY FIVE AND .00 DOLLARS $3,375.00 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials furnished after 07/31/2017 A-1 CONSTRUCTION CO., INC. 440 S MARKET AVE, FT PIERCE FL 34982 WAIVER # 6231 By Auth l ized Representative Subscribed and sworn before me this day of itasu17 SARAH E. APODACA Notary Public • Stap•dl Florida Commission # FF 948412 My Comm. Expires Jon •11.2020 AUG 3 0 2011 PROCTOR CONSTRUCTION) fr P106 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT The undersigned lienor, in consideration of the sum of SEVENTEEN THOUSAND NINE HUNDRED THIRTY EIGHT AND .89 DOLLARS $17,938.89 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials furnished after 07/31/2017 ALL RITE WATER PURIFICATION 6605 N. US HWY 1, VERO BEACH FL 32967 WAIVER # 6236 By Authorized Represe Subscribed and sworn before me thlsday o 2017 SARAH E. APODACA Notary PtiblIc - Stitt 01 FIorlda Commlaslon # FF 94941E , My Comm. Wei Jan 11. 2020 omypqmoymnpqnwiermapognmeriPonimIrmb P107 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT The undersigned lienor, in consideration of the sum of THREE THOUSAND EIGHT HUNDRED FIFTY NINE AND .57 DOLLARS $3,859.57 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials furnished after 07/31/2017 ATLANTIC ROOFING 110F VERO BEACH, INC. 4020 43RD AVENUE, VERO BEACH FL 32960 WAIVER # 6235 411111.1f/ Subscribed and sworn before me this) day of2017 Authorized Representative Notary , DEBORAH L. AUSTIN it Commission # FF 079676 r Explres January 6, 2018 ti; • � ' � Bonded TMuTroy Foii$ umuE00.E540t0 P108 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT ERCEENED SEP ..0 5 2017 PROCTOR CONSIRUUCIOt1 The undersigned lienor, in consideration of the sum ofEIGHT HUNDRED TEN AND .00 DOLLARS $810.00 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS ,This release of liendoesnot cover labor, services or materials furnished after 07/31/2017 COMPLETE CLEANING SERVICE , INC 1599 10TH AVENUE, #B VERO BEACH FL 32960 WAIVER # 6221 By , Authorized Representative Subscribed and sworn before me Not i3 1 day o\ gt017 Notary Publk Slate of Florida Anthony L Langdon My Commleslon GO 116408 Expires 08/25/2021 P109 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT RECERVED SEP 0 6 2017 eROCTOR CONSTRUCTION The undersigned lienor, in consideration of the sum of NINE THOUSAND NINE HUNDRED NINETY AND .00 DOLLARS $9,990.00 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BBACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials banished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials furnished after 07/31/2017 AG SCAPE DBA FLORIDA SITE CONTRACTING 866 11TH CT CW, VERO BEACH FL 32962 WAIVER Si 6 By Authorized Representative Subscribed and sworn before me this Notary DEBORAH A CROCKETT MY COMMISSION W002697 EXPIRES June 19. 2020 FlorldiNOSsry� P110 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT The undersigned lienor, in consideration of the sum of SIX THOUSAND THREE HUNDRED NINETY SIX AND .75 DOLLARS $6,396.75 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO I3EACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC 13D CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, service s or materials furnished after 07/31/2017 GRIMES HEATING AND AIR CONDITIONING CO. 3054 N. U.S. HWY 1, FORT PIERCE FL 34946 WAIVER II 6228 SUSAN MONTENEGRO COMMISSION 0 GG 089099 EXPIRES:April 2.2021 d Thru Notary Pubic Urdenxi 3 P111 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT RECE SEP 0 `1 2017 PROCTOR COVISTRUCT1011 The undersigned lienor, in consideration of the sum of FOURTEEN THOUSAND ONE HUNDRED THIRTY AND .00 DOLLARS $14,130.00 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby aclmowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials furnished after 07/3112017 ENERGY AND IMPACT SOLUTIONS LLC DBA VERO GLASS & MIRROR,1669 OLD DIXIE HWY VERO BEACH FL 32960 WAIVER # 6232 By N alis(1 Authorized Representative Subscribed and sworn before me this day o 2017 Nota SKYLA RUSH e MY COMMISSION # FF246657 EXPIRES July 05.2019 F ork4Molyr$eritt.com P112 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT RECEIVED SEP 0 6 2017 PROCTOR CONSTRUCTION The undersigned lienor, in consideration of the sum of NINETEEN THOUSAND THREE HUNDRED FIVE AND .00 DOLLARS $ 19,305.00 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials furnished after 07/31/2017 PLEXI CHEMIE, INC DBA INDUSTRIAL FLOORING SPECIALI 606-6 LANE AVENUE NORTH, JACKSONVILLE FL 32254 W R # 6233 Auth ed Representative Subs ibed and sworn before me thi S k- day of 017 Note Alexis Q Freemen Notaly Public Sate otFlorida My mmission No mmission FF 916518 otaryPo.Iic e of Florida My Comms 'n Expires 918!1' Commission No. FF 91Fr' P113 FAX N0. :321-725-0703 PARTIAL WAIVERAND RELEASE OF LIEN UPON PROGRESS PAYMENT Aug. 30 2017 05:54PM Pi The undersigned lienor, in consideration of the sum of ONE THOUSAND THREE HUNDRED FORTY SEVEN AND .30 DOLLARS $1,347.30 , paid by PROCIUR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and yahoos its Um end right to claim a lien for labor, ecrvicea, or materials furnished thtvugb 07/312017 to IRC BD CTY COMMISSIONERS on the following prgleot IRC SHOOTING RANGE CLASS This release of liter does not cover labor, a nvices or materials throbbed atter 07/31/2017 R AND E CARPENTRY, INC. 1521 HRERZWOOD LANE NW, PALM BAY FL 32907 WAIVER # 6224 ' Subscribed and sworn befiore me day of 2017 Notary P114 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT The undersigned lienor, in consideration of the sum of ELEVEN THOUSAND THREE HUNDRED FORTY AND .00 DOLLARS $11,340.00 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC 13D C'I'Y COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials furnished atter 07/31/2017 RB PLASTERING & STUCCO 4891 NORTH US HWY 1, FORT PIERCE EL 34946 WAIVER # 6230 By Aulhorized Representative Subscribed and sworn before the this l day of 42017 Notary CHELLIA FARIS MY COMMISSION #FF186562 \:6;'',%/1 EXPIRES January 1, 2019 1.107) 99&0189 FlorldnHotnryServIce.cont_ P115 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT The undersigned lienor, in consideration of the sum of EIGHT THOUSAND THREE HUNDRED THIRTY FOUR AND .00 DOLLARS $8,334.00 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials iinmished after 07/31/2017 RUSSELL PAYNE PAINTING, INC. 1765 COMMERCE AVENUE, SUITE 1 VERO BEACH FL 32960 WAIVER # 6223 By" Authorize e s r1 e entative Subscribed a. d swom before me this Notary 41(/J,� VICKIE L MEDIATE Notary Puck —Stale of Florida Comrrsston#00082070 My Comm. Expires Afar 13, 2021 e4ke4ara ghtrays notary Awl. P116 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT The undersigned lienor, in consideration of the aim of TEN THOUSAND THREE HUNDRED FIFTY AND .00 DOLLARS $10,350.00 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of whichis hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials furnished after 07/31/2017 SNYDER PLUMBING OF THE TREASURE COAST, INC 1525 OLD DIXIE HWY, VERO BEACH FL 32960 WAIVER 8 6229 By Authorized RepresentatiV Subscribed and sworn before me this Notary(/1't: rwJ2i1 M(r ( IIOZ 21 Int sasM9 soutoxiv LSW 1711.0.4!ou.e) Privou POTS - )rodAtnbrl oxlip rivntimm P117 PARTIAL WAIVER AND RELEASE OF LIEN The undersigned lienor, in consideration of the sum of FIFTEEN THOUSAND THREE HUNDRED FORTY-FIVE AND .14 DOLLARS. $15,345.14 Paid by: Proctor Construction Co. 2050 Highway US 1 — Ste 200 Vero Beach, FL 32960 RECEIPT of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 7/31/17 to IRC BD CTY COMMISSIONERS on the following project: IRC SHOOTING RANGE CLASSROOM This waiver and release does cover any retention or labor, services or Materials furnished thru 7/31/17. SUNFLOWER LANDCAPING 6203 53RD STREET VERO BEACH, FL 32967 B - ' Authorized Representative Subscribed and sworn before me this 06 day o 2017. Notary Commission Number: P118 PARTIAL WAIVERAND RELEASE OF LIEN UPON PROGRESS PAYMENT The undersigned lienor, in consideration of the sum of TWENTY FOUR THOUSAND FIVE HUNDRED TWENTY NINE AND .50 DOLLARS $24,529.50 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials famished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials furnished after 07/31/2017 STUART PAINT AND SUPPLY, INC. P.O. BOX 1177, 657 NE DIXIE HWY 34957 JENSEN BEACH FL 34958 WAIVER # 6225 B epresentalive Subscribed and sworn before me this 36. day of ' 017 NotaryQ I f rt'1';:ft'' Notary Pubto State of Florida Dianna Knight y My Commiedon q0 00000(1 Fnd►' Evros 05121/2021 P119 PARTIAL WAIVER AND RELEASE OF LIEN UPON PROGRESS PAYMENT RECEIVED SEP 05 2e!? PROCTOR CONSTRUCTION The undersigned lienor, in consideration of the sum of ONE THOUSAND SEVEN HUNDRED TEN AND .00 DOLLARS $ 1,710.00 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials furnished after 07/31/2017 TOTAL QUALITY SERVICES 1850 SW HACKMAN TERR, STUART FL 34997 WAIVER # 6226 B Authorized R entative Subscrib and sworn before me this ?r% day of 2017 Notary Steven Glenn Haertng NOTARY PUBLIC STATE OF FORMA Ccrnrn r-1,114.):)8 Expires 1//312018 PARTIAL WAIVERAND RELEASE OF LIEN UPON PROGRESS PAYMENT RECCE WED Aug 3 0 2017 PROCTOR CONSTRUCTION The undersigned lienor, in consideration of the sum of SEVEN THOUSAND SIX HUNDRED FIFTY TWO AND .61 DOLLARS $7,652.61 paid by PROCTOR CONST CO LLC 2050 US HIGHWAY 1 SUITE 200 VERO BEACH, FL 32960 receipt of which is hereby acknowledged, hereby waives and releases its lien and right to claim a lien for labor, services, or materials furnished through 07/31/2017 to IRC BD CTY COMMISSIONERS on the following project IRC SHOOTING RANGE CLASS This release of lien does not cover labor, services or materials furnished after 07/31/2017 WHITE ELECTRIC, INC. 645 3RD PLACE, VERO BEACH FL 32962 WAIVER # 6227 B�� WJmxJ AutlhrizeRepresentative Subscribed and sworn before metWYday o>., 2017 Nota SARAH E. APODACA ►i• Notary Piddle • Slate 01 Florida Commisaton I FF 949412 My Comm. Eapina Jen 11.2020 t P121 SECTION 00942 - Change Order Form No. 1 (FinaQ DATE OF ISSUANCE: 10/3/2017 EFFECTIVE DATE:10/3/2017 OWNER: Indian River County CONTRACTOR PROCTOR CONSTRUCTION COMPANY. LLC Protect: JNDIAN RIVER COUNTY SHOOTING RANGE HUNTER EDUCATION CLASSROOM OWNER's Project No. 1213C OWNER'S Bid No. 2017008 You are directed to make the folio ng changes he Contract Documents: Description: The project is complete. Thls change order Is Intended to make final adjustments to bid line items and contract time in order to make final payment and release of retainage to the Contractor. Attachments: (List documents supporting change) 1. Description of itemized Changes 2. Work change Directives 1 — 4 CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $536,666.00 Net increase (decrease) this Change Order: (Weather Days) Substantial Completion: Final Completion: Net Increase (decrease) of this Change Order: ($28.550.041 (days) .127 157 Contract Price with all approved Change Orders: $508.115.16 CHANGE IN CONTRACT TIMES Description Time Original Contract Time: Substantial Completion: Final Completion: (days) j2Q 150 Net increase (decrease) this Change Order: (Weather Days) Substantial Completion: Final Completion: (days) 7 7 Contract Time with all approved Change Orders: Substantial Completion: Final Completion: (days) .127 157 ENGINEER (Signature) F:1Publlo WorkeeENGINEERINO DWI81ON PROJECT8112I3C IRC Order No. 1 Flnat.doc Rev; O5101 APPROVED: By: OWNER (Signature) Date: Change Order No. 1 Final 00942 -1 otlrp Renee Hunter Education Cleaeroom11-AdmhBAgende IlemcWlnel Change Order -BCC oloeeouBChenge P122 CHANGE ORDER NO. 1 (Final) DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: IRC Shooting Range Hunter Education Classroom I.R.C. PROJECT NO. 1213C BID NO. 2017008 MitiAt'P' `,- 641ifigiaTENZWitL - PildfagSSBNf Yiiii ili; 7if MiiiiiiitaN foiliZSAIR tilAiiiiiiiiii WCD NO. 1 WELL SIZE CHANGE LS 1 8,081.85 8,081.85 WCD NO. 2 ELECTRICAL CHANGES - PANEL REVERSED LS 1 1,368.29 1,368.29 WCD NO. 3 ADDITIONAL OFFICE SPACE - ELECTRICAL/DATA LS 1 515.89 515.89 WCD NO. 4 REPAIR OF DAMAGED CONDUIT LS 1 1,483.13 1,483.13 FORCE ACCOUNT LS 1 40,000.00 40,000.00 SUBTOTALS 11,449.16 40,000.00 IRC SHOOTING RANGE HUNTER EDUCATION CLASSROOM TOTAL $ (28,550.84) 00310-1 FAPubtic Works\ENGINEERING DIVISION PROJECTS11213C IRC Shooting Range Hunter Education Classroom \1•AdmInlAgenda Items \Final Change OrderaCC closeoutiChange Order No. 1 Final P123 SECTION 00846 - Work Change Directive No. 01 DATE OF ISSUANCE: 7/8/17 EFFECTIVE DATE:7/16/17 OWNER: Indian River County CONTRACTOR: Proctor Project: INDIAN RIVER COUNTY SHOOTING RANGE HUNTER EDUCATION CLASSROOM OWNER's Project No. 1213C You are.directed to proceed promptly with the following changes: Description: The well size originally indicated for the building was determined to be moderately undersized and could have led to performance issues during large events held at the IRC • Shooting Range; therefore, a well size increase from 2 -inches to 4 -inches was necessary. In addition, the above ground plumbing equipment (softener, aerator, irrigation valves) were originally planned to be exposed along the southern face of the building. This would have subjected the equipment and exposed pipes to direct sunlight for the majority of the day leading to an advance degradation of the equipment and potential shortened lifespan In addition to being unsightly. As such, a PVC fence enclosure was required to protect the equipment. Purpose of Work Change Directive: This work change directive is to provide compensation to the Contractor for all work related to the installation of additional gutters, the modification (increase) in the well size to fl- inches, and the addition of PVC Fence enclosure around the water softener and above ground plumbing features. Attachments: (List documents supporting change) Proctor Construction — Prime Contract Change Order #001 — (3 pages) if OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Method of determining change in Contract Prices t Contract Times ICUnit Prices Contractor's Records Lump Sum Engineer's Records in Other: Other: al By Change Order: By Change Order: Estimated increase (decrease) of this Work Estimated increase (decrease) In Contract Times: Change Directive $8.081.80 Substantial Completion: 0 days; Ready for Final Completion: Q days. If the change involves an increase, the estimated If the change Involves an Increase, the estimated amount is not to be exceeded without further time Is not to be exceeded without further authorization. authorization. Mobilo WorksIENGINEERING DMSION PROJECTS11213C IRC Shooting Range Hunter Eduoallon Classroom14- ConstructioniWork Change DiTectireslWCD S01 Well end Fence Enc1osur. IRC -121 WCD-01_Well-Fence,doc P124 ACCEPTED: RECOMM LADED;,,,. APPROV D: By: By: a4«. w. evm S CO CTO (Signature) Date: --7 I) II i 11 ENGINEER (Signature) jDate:. "4/6,1caoM/ OWNER (Signature) Date: 0/A/0 1 * * END OF SECTION a * FAPublic WorkeeENOINEERING DIVISION PROJECTS11213C IRO Shooting Range Hunter Education ClassroomlA- ConelructionlWork Change DirectNealWCD $01 Well and Fence EnclosuretRC-1213C_WCD-01 Well-Fence.doc P125 p Proctor CousInfd ioneo. 285008-114180 YerelleseltflohM83880 ideulene:1114086.e188 Prime Contract Change Order Detailed, Grouped by Each Number Indian River County Shooting Range Hunter EdumProJect # IRC8R-022017 Proctor Construction Company, LLC 10465102nd Terrace Tek 772.234.8164 Fax 772.234.8188 Sebastian, F1.32958 Date: 612812017 To Contractor. Proctor Construction tion Company, LLC 2050 Hwy U8-1 Suite 200 Vero Beech FL 32880 The Contract to hereby revised by the following items: PCOM 001 Architect's Project No: Contract Date: 2/21/2017 Contract Number: Prime -001 Change Order Number: 001 PCO Description 001 Revised Electrical plans per wall and pump stye Increase and associated equipment 00001-000015 Amount 8,081.85 The original Contract Value was Sum of changes by prior Prime Cantrabt Change Orders The Contract Value prior to this Prime Contract Change Order was The Contract Value will be changed by this Prime Contract Change Order in the amount of... The new Contract Value including this Prime Contract Change OrderwlII be The Contract duration will be changed by The revised Substantial Completion date as of this Prime Contract Change Order is Donadio & Associates, Architects Proctor Construction Company, LLC ARCHITECT 809 17th Street Vero Beach, FL 32980 Address By Anthony !, SIGNA %!E DATE CONTRACTOR 2050 Hwy US -1 Suite 200 Vero Beach, FL 32960 Address BY Do SIGNATU DATE .ff' '4 #/17 538,868.00 0.00 538,888.00 8,081.85 844,747.85 0 Days 7/8/2017 Indian River County Board of Counyr Commissioners OWNER 1801 27th Street Vero Beach, FL 32980 Address B James Ennis, P.E., PMP SIGNATURE PATE PrologManager Printed on: 6/28/2017 Prolog Proctor LLC Page 1 P126 ProCtor aexoae0. .. Monday. Juno 12, 2017 Mr. Jan oaEnnia, P.B., PMP Indtea River Couaty 180127th Street Vero Beaoh, PL 32960 RR: Potential Clrange Order Number 001 Indian River Conary Shooting Range Hunter Education Classroom-JRCSR-02/2017 General contractors C00034069/00C1522209 wwwproctorco.com Dear Mr. Banns, P.B, PMP, Habana ra made to Indian River County request Atm) Proctor Conehuoton to provide pricingaovered under PCO Number 001,1br the following extra wore Revised Shaklee' plans par well and pump aim increase and emaciated equipment Tho ihllowing is adetailed ttendmatton of all extra costs. Item Number Description • Proposed Amount Company 001 This is en Add of Plumbing materials and labor to change from a 2" well to a4" and upgrade from a 1.5IIP water pump .to a 5 HP water pimp. Some associated water system components also clanged. This was due to water flow and P81 requirements at WO use. See attached omens and revised electrical sheets dated 4/14/7. Original Quote was $17,201.18 Now Quote total 818,566.64 Balance daefbr upgrade .41,363.46 $1,363.46 PCC, ILC ' 002 This isenAdd olBteotriculmaterials andlabortochangefroma2"weH to a4" andre4uhed upgrade from a LS BP water pump to a5 HP wafer pomp. soma associated water system components also changed. Staadcal provhtonawas not raided onthe drawings tbrthowatertreehnent system. See ettaahed emaile and revised alectrlcal sheets dated 4114/17. Well Pump - Bleatdeal'Changes a 8483.51 Sofeneroheuits and outlets eta =$71236 81,193.77 WW M 003 This is an Add fbrAddf ttonal Sod atthe Westside of **property going South end up to the gravel road (Co ettuctlenDtive)Creve to remain. Also temp. knigattonsystem that will remain fbr permanent (rdgaton on Pled See attached Quote from Sunflower Landscaping 81,150.16 PCC,LLC 004 This is an Add ibr Additional Gullets and downspontper Owner request and code compliance. $395.00 ATLANTIC RO 005 ThlsisanAda for PVC Fenchrgtoprotect/enclose thepump and wear cannoning systems. (Shadow Box Stile) $2,753.00 ADQtON Level 1 10.00% Overhead Markup $685.94 PCC,LLC Leval 2 5.00%ProfitMadmp $377.27 PCC, LLC Level 3 1.00% Insurance Markup $79.23 PCC,LLC Level 4 1.00% Bowl Madcap $80.02 PCC, LLC Total Amount 58,081.85 Days Requested 0 2050 US Highway 1 Suite200 1 Vero Beach, FL. 32960 Phone 112.234.8164114m 772.234.8188 P127 FA !trotter se. General Contract= 03C034069/c GC1522209 www.prootorccawm This Change Oi rRequest includes but la net limited to, the tbllowleg qualifications and/or cloriflaetions: 1. Work a pecitically.outUned within the suhunary as hither described herein. 2. No additional building permit coats have been included fin these changes to the contract. Proctor Consnuctlon shaU not be held msponstblefor proceeding wfhchanges prior to the building department =low tfapplioablo, 3. 1'hls proposal is figured on performing saki work daring normal worldng hours. If you have any questions regarding this Cheap Order Request, please call mo at your earliest convenience, Bruce Bramble Project Manager Ca PCO # 001 File, Asx /Indian River Coot/ 772170.3140 Wag npprovni to proceed wltb tho above stated scope of work. 00.6 ./7 Owner Date Date 2050 US Highway 1 Suite 200 I Vero Beach, FL. 32960 Phone 772.234.8164 Fax 772.234.8188 P128 SECTION 00948 - Work Change Directive No. 02 DATE OF ISSUANCE: 7/25/17 EFFECTIVE DATE:7/25/17 OWNER: Indian River Countv CONTRACTOR: Proctor Project: INDIAN RIVER COUNTY SHOOTING RANGE HUNTER EDUCATION CLASSROOM OWNER's Project No. 1213C You are directed to proceed promptly with the following changes: Description: Several changes, constituting additional work, were made to the electrical system to allow for low -voltage equipment to be installed, an additional room to be converted from storage into an office, and add plumbing and electrical connections for the Hunter Education Classroom building and staff. Purpose of Work Change Directive: This work change directive provides compensation to the Contractor for all work, materials and tabor related to the installation of an electrical circuits, electrical panel reorientation, additional water line, installation of a fire -rated data board and low -voltage service box. Attachments: (List documents supporting change) Proctor Construction - Prime Contract Potential Change Order #004 - (5 pages) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Prices Unit Prices Lump Sum Other: By Change Order: Estimated increase (decrease) of this Work Change Directive $1.368.29 If the change involves an increase, the estimated amount is not to be exceeded without further authorization. Method of determining change in Contract Times El Contractor's Records ❑ Engineer's Records Q Other: By Change Order: Estimated increase (decrease) in Contract Times: Substantial Completion: 0 days; Ready for Final Completion: 0 days. If the change involves an increase, the estimated time is not to be exceeded without further authorization. ACCEPTED: By. , lip / RECOMMENDED: By: '2. APPROVED: By: I • , • u R (Signature) Date:7 /i 7 ENG EER (Signature) Date: -414101? OW R Signature) Date: sl tlO F:1Publlo Worke1EN01NEERING DIVISION PROJECTS11213C IRC Shooting Range Hunter Education Classroom44- Constructlon1Work Change OIrective5 WCD &02_Electrlc Panel & MRC -12130 WCD-02_Electrio-IT.doc P129 p' Proctor Consliuc11on CO. 2060081810.200 Vara Beactt Hsr lta 82800 Tetmnnonn:M21234-111111 Prime Contract Change Order Detailed, Grouped by Each Number Indian River County Shooting Range Hunter EductProject # IRCSR•0212017 Proctor Construction Company. LLC 10455 102nd Terrace Tel: 772.234.8164 Fax: 772.234.8188 Sebastian, FL 32958 Date: 7/20/2017 To Contractor: Proctor Construction Company, LLC 2050 Hwy US -1 Suite 200 Vero Beach, FL 32960 The Contract is hereby revised by the following Items: PCO# 004 Architect's Project No: Contract Date: 2/21/2017 Contract Number: Prime -009 Change Order Number 002 PCO Description 004 Electric changes - Panel reversed, Added outlet for ice machine 00002/OCO02/S Amount 1,368.29 The original Contract Value was Sum of changes by prior Prime Contract Change Orders The Contract Value prior to this Prime Contract Change Order was The Contract Value will be changed by this Prime Contract Change Order in the amount of The new Contract Value including this Prime Contract Change Order will be The Contract duration will be changed by The revised Substantial Completion date as of this Prime Contract Change Order is Donadio & Associates, Architects ARCHITECT 609 17th Street Vero Beach, FL 32960 Address By Anthony Do SIG1.. DATE Proctor Construction Company, LLC CONTRACTOR 2050 Hwy US -1 Suite 200 Vero Beach, FL ,32960 Address By SIGNAT;?ar> . r DATE 4011111111 536,886.00 8,081.85 544,747.85 1,368.29 546,116.14 o Days 7/6/2017 Indian River County Board of County Commissioners OWNER 1801 27th Street Vero Beach, FL 32980 Address By James Ennis, P.E., PMP SIGNATURE DATE PrologManager Printed on: 7/26/2017 Prolog Proctor LLC Page 1 P130 Proctor Construction Ce. General Contractors CGC034069/CGC 1522209 www.proctorcc.corn Thursday, duly 13, 2017 Mr. James Ennis, P.E., PMP Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 RE: Potential Change Order Number 004 Indian River County Shooting Range Hunter Education Classroom-IRCSR-02/2017 Dear Mr. Ennis, P.E., PMP, Reference is made to Indian River County Board of County Commissioners request from Proctor Construction to provide pricing covered under PCO Number 004, for the following extra work: Electric changes - Panel revelled, Added outlet for ice machine, 17' board and pull box added.. The following is a detailed itemization of all extra costs. Item Number Description Proposed Amount Company 001 This is an Add of Electrical materials and labor to reverse the electrical panel to be in the center office space in lieu of Office #05. Plans reflect it as Storage #04. Per request by Range operations. $415.30 WHITE 002 This is an Add of Electrical materials and labor to add a circuit in Chair Storage #07 for an ice machine. Per request by Range operations. $272.55 WHITE 003 This is an Add of Electrical materials and labor to add a 12" x 12" pull box for low voltage wiring. Required by low voltage trades. Not reflected or called out in plans. $263.48 WHITE 004 This is an Add of Plumbing materials and labor to add a water line and stop valve for a future ice machine. No Cost Change $0.00 SNYDER 005 This is an Add of Carpentry materials and labor to install and a fire rated 5/8" plywood 33" x 52" data board. This is for a low voltage, fiber, data and phone etc. in the center office space. (approx. 33' x 52") Price includes 2 coats of paint. Left over paint to be turned over at C/O. 5210.00 PCC, LLC Level I 10.00% Overhead Markup $116.13 PCC, LLC Level 2 5.00% Profit Markup $63.87 PCC, LLC Level 3 1.00% Insurance Markup $13.41 PCC, LLC Level 4 1.00% Bond Markup S 13.55 PCC, LLC Total Amount $1,368.29 Days Requested 0 This Change Order Request includes but is not limited to, the following qualifications and/or clarifications: 1. Work specifically outlined within the summary as further described herein. 2. No additional building permit costs have been included for these changes to the contract. Proctor Constmction shall not be held responsible for proceeding with changes prior to the building department review if applicable. 3. This proposal is figured on performing said work during normal working hours. 2050 US Highway 1 I Suite 200 I Vero Beach, FL. 32960 Phone 772.234.8164 I Fax 772.234.8188 1' P131 Proctor Construction Co. General Contractors CGC034069/CGC 1522209 www.proctorcc.com If you have any questions regarding this Change Order Request, please call me at your earliest convenience, Respectfully, Ciro Vida& Bruce Bramble Project Manager Cc: PCO # 004 File, Fax / Indian River County Board of County Conunissioners 772.770.5140 Please sign below signifying approval to proceed with the above stated scope of work. Architect Date Owner Date 2050 US Highway 1 1 Suite 2001 Vero Beach, FL. 32960 Phone 772.234.8164 1 Fax 772.234.8188 P132 FCO Priclna Break Down (Contractor) DATE: 8/12/7017 PCOM 004-A FROM: WHITE ELECTRIC PROJEC 1 NAME: Indian River Shooting Rem° Classroom Weil( DESCRIPTION Rodeos and rotate N°cbical oen0 40 tau Slams Room 04. MATERIALS: DESCRIPTION 00122542M CITY EACH PRICE TOTAL 5180.00 S 190.00 S S s S $ $ $ s s 5 LABOR OU10EN % TOTAL &UEPNIOP has. 0 pm M.0. °% 0 JOURNEYMEN 2 in. ® lIL00 P. 0% 1171.110 NBCNANIC M. ® 542.00 par hr. a 0% 10.00 hrs. B par40 Subtotal Labor 0171.00 SUBTOTAL EQUIPMENT, MATERIALS, LABOR: MARK-UP: (work by contactor) 10% Overhead 01000 10% PANE MOO SUB -TOTAL SUBCONTRACTORS: s SUBTOTAL —1111141L- 7% TA 400.007%TAX 313.30 TOTAL MATERIALS 520030 019.10 S .OQ TOTAL 5115.30 GRAND TOTAL 5415.90 P133 PCO Pricing Break Down (Contractor) DATE: 6/1212017 coo 004-e FROM: WHITE ELECTRIC PROJECT NAME: ladles River Shool Ranee Classroom WORK DESCRIPTION: Install/11 20 emo 120 volt circuit 10 Chart Slorao• Room 07 MATERIALS: 1A0OR gmLRY1BOR DUI114YMEN MECHANIC for ke madam. DESCRIPTION OTT EACH PRICE TOTAL 1000 box 1 6190 190 1-em°dna 1 50317 0.07 12-2 MC cab4 0O SO 50.46 91,10 MC eorin.WOr 2 50.62 1.64 entl-ehart buddna 2 60.40 010 MC Ara oo 20 50.11 2.20 sae +w 20 50.06 1,20 0O120 Smaller 1 57.50 7.50 sl0derowobW 1 50.75 0.75 BURDEN% TOTAL M. O1 per h.x O% 0 51 kw. d 005.00 perh.x 0% 520310 Na 0 542.00 pm h. x 0% 50.00 M. A per N. SUBTOTAL EQUIPMENT. MATERIALS. LABOR: MARK-UP: (work by a:Oractor) 10% Overfeed MIL 103 Proal 05AL Subletel Labor. 5709.00 SUBTOTAL L6/.78 7% TAX 6913 TOTAL MATERIALS 661141 5261.55 56.11 564, SUB -TOTAL SUBCONTRACTORS: TOTAL 1272.05 GRANO TOTAL 1272.55 P134 PCO Pricing' Break Down (Contractor) DATE: 6/12/2017 PCO6 004-C FROM; WHITE ELECTRIC PROJECT NAME: Indian RkMr Shooting Rano. CWuoom WORK DESCRIPTION: Instal 12 X 12 box Rush M wall of Stagg. Room 04 for MATERIALS tow HOBaoa wait.. Instal (112' PVC Hamm and 12)1' PVC sasses to accessible calling from MW boo 12X12X4box 2' mals *doctor 2 81.20 $ 2.40 2' loch nun 2 50.97 S 1.94 2'bushlna 2 51.30 S 2.60 2' PVC 011 10 50.60 S 6.00 V able adapter 4 50.06 $ 3.62 1' lock nut 4 50.60 S 2.40 1' bushing 4 50.75 S 3.00 1' PVC an 20 30.93 S 6.60 screw oun bract* 4 St 90 S 7.60 DESCRIPTION OTT EACH PRICE TOTAL 1 ' S34.00 S 34.00 WOR BURDEN % TOTAL SUPERVISOR ire, d6 per hr.x 0% 0 nIQMINETMEN 5 M. ® 35..00 per hr.. 0% 817400 MECHANIC hal. ® 542.00 par hr. x 0% 30.00 SUBTOTAL EQUIPMENT, MATERIALS. LABOR: MARK-UP: (work by contractor) 10% Overhead 10% Profit SUB -TOTAL SUBCONTRACTORS: hu. ® per hr.x Subtotal Labor: 5174.00 SUBTOTAL 7% TAX TOTAL MATERIALS 3 1 1 570.46 S4 113 5775.36 57.05 57.03 37.05 57.05 TOTAL 5263.40 GRAND TOTAL 3263.46 P135 SECTION 00948 - Work Change Directive No. 03 DATE OF ISSUANCE: 7/27/17 EFFECTIVE DATE:7/27/17 OWNER: Indian River County CONTRACTOR: Proctor Project: INDIAN RIVER COUNTY SHOOTING RANGE HUNTER EDUCATION CLASSROOM OWNER's Project No. 1213C You are directed to proceed promptly with the following changes: Description: After the design was complete and construction was commenced on the IRC Hunter Education Classroom It was determined that a room that had previously been purposed for storage could be converted into additional office space for visiting staff with the addition of an electrical and data connection. Purpose of Work Change Directive: This work change directive provides compensation to the Contractor for all work, materials and labor related to the installation of an the electrical & data connection for Office 04 as detailed in the attached Contractor's proposal. Attachments: (Ust documents supporting change) Proctor Construction — Prime Contract Potential Change Order #011 — (2 pages) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change In Contract Prices Unit Prices Lump Sum Other: By Change Order: Estimated Increase (decrease) Change Directive $515.88 of this Work If the change Involves an Increase, the estimated amount is not to be exceeded without further authorization. Method of determining change in Contract Times Contractor's Records 0 Engineer's Records ❑ Other ❑ By Change Order: Estimated increase (decrease) in Contract Times: Substantial Completion: 0 days; Ready for Final Completion: Q days. If the change involves an Increase, the estimated time is not to be exceeded without further authorization. ACCEPTED: REC NDED: 2— APPROVE : By: Ric arc/ B. Szpyrka =;►': iatimeil aures W. En C • , - , • • (Signature) Date: 7/1//2 NGINEER (Signature) Date: 712''1 I ? OWNER (Signature) Date: gm a F:Wublic Worke.ENOINEERING DIVISION PROJECTS11213C IRC Shooting Range Hunter Education ClassroonM- ConstructIon1Work Change DlreotiveMWCD 003 Storage to OfnceURC-12130 WCD-03 Storage to OBlce.doc P136 P Proctor COOSMIctian CO. 2001111$4$ts.400 Oro limb, HMI 12!180 TMa®hna: m212M.-IIII$ Prime Contract Change Order Detailed, Grouped by Each Number Indian River County Shooting Range Hunter EduciProject 8 IRCSR-0212017 Proctor Construction Company, LLC 10455 102nd Terrace Tel: 772.234.8164 Fax: 772.234.8188 Sebastian, FL 32958 Date: 8/2/2017 To Contractor: Proctor Construction Company, LLC 2050 Hwy US -1 Suite 200 Vero Beach, FL 32960 The Contract Is hereby revised by the following items: PCO#011 Architect's Project No: Contract Date: 2/21/2017 Contract Number: Prime -001 Change Order Number: 003 PCO Description 011 Added Electrical outlets and data in IT/ Office 04 00003/00003/S Amount 515.89 The original Contract Value was Sum of changes by prior Prime Contract Change Orders The Contract Value prior to this Prime Contract Change Order was The Contract Value will be changed by this Prime Contract Change Order in the amount of The new Contract Value including this Prime Contract Change Order will be The Contract duration will be changed by The revised Substantial Completion date as of this Prime Contract Change Order is Donadio & Associates, Architects ARCHITECT 609 17th Street Vero Beach, FL 32960 Address By Anthony Do SIGN DATE Proctor Construction Company, LLC CONTRACTOR 2050 Hwy US -1 Suite 200 Vero Beach, FL 32960 Address By Dons SIGNATUR DATE `IMPi:+7 536,666.00 9,450.14 546,116.14 515.89 646,832.03 0 Days 7/6/2017 Indian River County Board of County Commissioners OWNER 1801 27th Street Vero Beach, FL 32960 Address By James Ennis, P.E., PMP IGNATURE DATE Prolog Manager Printed on: 8/2/2017 Prolog Proctor LLC Page 1 P137 Proctor construcen co. General Contractors CGC034069/CGC 1522209 www.proctorcc.com Thursday, July 27, 2017 Mr. James Ennis, P.E., PMP Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 RE: Potential Change Order Number 011 Indian River County Shooting Range Hunter Education Classroom-IRCSR-02/2017 Dear Mr. Ennis, P.E., PMP, Reference is made to Indian River County Board of County Commissioners request from Proctor Construction to provide pricing covered under PCO Number 011, for the following extra work: Added Electrical outlets and data in IT/ Office 04. The following is a detailed itemization of all extra costs. Item Number Description Proposed Amount Company 001 This is an Add of Electrical materials and labor to install 2 additional receptacles and 1 data with sleeve to above ceiling in the Office 04 (Data and Electrical room). This area will now be used as an office space. $437.85 WHITE Level 1 10.00% Overhead Markup $43.79 PCC, LLC Level 2 5.00% Profit Markup $24.08 PCC, LLC Level 3 1.00% Insurance Markup $5.06 PCC, LLC Level 4 1.00% Bond Markup $5.11 PCC, LLC Total Amount 5515.89 Days Requested 0 This Change Order Request includes but is not limited to, the following qualifications and/or clarifications: I. Work specifically outlined within the summary as further described herein. 2. No additional building permit costs have been included for these changes to the contract. Proctor Construction shall not be held responsible for proceeding with changes grlor to the building department review if applicable. 3. This proposal is figured on performing said work during normal working hours. If you have any questions regarding this Change Order Request, please call me at your earliest convenience, Respectfully, Bruce Bramble Project Manager Cc: PCO N 011 File, Fax /Indian River County Board of County Commissioners 772.770.5140 (Project's.Superintendent) Please sign below signifying approval to proceed with the above stated scope of work. Architect Date Owner Date 2050 US Highway 1 I Suite 200 I Vero Beach, FL. 32960 Phone 772.234.8164 Fax 772.234.8188 P138 PCO Prickle Break Down (Contractory DATE 7/2112017 PCO 6 7 FROM WHITE ELECTRIC PROJECT NAME Mika Rber Modem Rime Classroom WORK DESCRIPTIORAdd 121depict recedaakaend nldada hoe wiasleeve ro above canna MATERIALS: DESCRIPTION QTY EACH PRICE TOTAL 20 ono duet= nmolecte 2 32.50 6-60 outlet hex 3 53.00 400 deka 3 6080 2.70 10 00.60 6.00 314. NAM, mage mtlult EN 10 50.40 4.00 374" FMC connectors 2 50.00 1.00 Indust/Id raked duplex mooted", covet 1 61.50 1.60 LIBOR BURDEN% TOTAL SUPERVISOR hm. @ mete. x 0% 0 JOURNEYMEN Ne. @ S36B0 perm. 0 0% SMUG N *AMC hrs. @ 642Mper hr.x O% 610400 Ne. @ wet x Subtotal Labors 6e00.00 SUBTOTAL EQUIPMENT, MATFJYALS. 'POOR: 343100 MAR( -VP: (work by eanbaator) lo% Overhead 5200 6266 10% ProOI 32.90 SEM S 6 6 SUBTOTAL 7%TAX 12.00 TOTAL h1ATERUUB Si1.60 SUISTOTAL SUBCONTRACTORS: TOTAL 0437.65 GRAND TOTAL 6437.55 P139 - SECTION 00948 - WorkChange-Directive No. 4 DATE OF ISSUANCE: 8/3/17 EFFECTIVE DATE:8/3/17 OWNER: Indian River County CONTRACTOR: Proctor Project: INDIAN RIVER COUNTY SHOOTING RANGE HUNTER EDUCATION CLASSROOM OWNER's Project No. 1213C You are directed to proceed promptly with the following changes: Description: During the installation of the main power connection to the new Hunter Education Classroom It was discovered that the pre-existing conduit had been damaged. The damaged conduit was located and the damaged section was spliced out to allow for the installation of the underground power connection between the main service panel in the Trap house garage and the new class room facilities. Purpose of Work Change Directive: This work change directive provides compensation to the Contractor for all work, materials and labor related to the installation the repaired underground power supply conduit detailed in the attached Contractor's proposal. Attachments: (List documents supporting change) Proctor Construction — Prime Contract Potential Change Order #003 — (2 pages) Photos of damaged conduit (1 page) If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change In Contract Prices Q Unit Prices Lump Sum Other: By Change Order: Estimated increase (decrease) of this Work Change Directive $1.483.13 If the change involves an increase, the estimated amount Is not to be exceeded without further authorization. Method of determining change In Contract Times ❑ Contractor's Records Engineer's Records Other: By Change Order Estimated increase (decrease) in Contract Times: Substantial Completion: Q days; Ready for Final Completion: Q days. If the change involves an increase, the estimated time Is not to be exceeded without further authorization. APPRO F:1PubIc WorkslENGlNEERINO DMSION PROJECTs11213C 1 ConstructlonMfork Changs DIrocthraslWCD #04_ConduIt IRC -1 Shooting Range Hunter Education Classroom14- 13C WCD-04 Condult.doc P140 Matt X00 Ce. General Contractors CGC034069/C0C 15,.22209 www.proctorcc.com Friday, June 30, 2017 Mr. James Ennis, P.E., PMP Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 RE: Potential Change Order Number 003 Indian River County Shooting Range Hunter Education Classroom-IRCSR-02/2017 Dear Mr. Ennis, P.E., PMP, Reference is made to Indian River County Board of County Commissioners request from Proctor Construction to provide pricing covered under PCO Number 003, for the following extra work: Existing 2" PVC electrical sleeve with a faulty section. The following is a detailed itemization of all extra costs. Item Number Description Proposed Amount Company 001 This is an Add of Electrical materials and labor to locate and replace a section of damaged 2" electrical sleeve that is from the existing buildings to the new Shooting Range Classroom Building. $ 1,258.80 WHITE Level 1 10.00% Overhead Markup $125.88 PCC, LLC Level 2 5.00% Profit Markup $69.23 PCC, LLC Level 3 1.00% Insurance Markup S14.54 PCC, LLC Level 4 1.00% Bond Markup $14.68 PCC, LLC Total Amount 81,483.13 Days Requested 0 This Change Order Request includes but is not limited to, the following qualifications and/or clarifications: 1. Work specifically outlined within the summary as further described herein. 2. No additional building permit costs have been included for these changes to the contract. Proctor Construction shall not be held responsible for proceeding with changes prior to the building department review if applicable. 3. This proposal is figured on performing said work during normal working hours, If you have any questions regarding this Change Order Request, please call me at your earliest convenience, Respectfully, Bruce Bramble Project Manager Cc: PCO # 003 File, Fax / Indian River County Board of County Commissioners 772.770.5140 Please sign below signifying approval to proceed with the above stated scope of work. Architect Date Owner Date 2050 US Highway 11 Suite 2001 Vero Beach, FL. 32960 Phone 772.234.81641 Fax 772.234.8188 P141 PCO PrIclna Break Down (Contractor) DATE: 042712017 PCO 6 003 FROM: WHITE ELECTRIC PROJECT NAME: IndM6 RhMrsApodn0 Rina Classroom WORK DESCRIPTION: 1. Locate and mho. faulty aeW.n of T PVC mews from a dslIn0 building Ss new cbserc.m buidlna. 2. Cense conduit In coneM. due 10 Ink of adieus(. build death MATERIALS: DESCRIPTION QTY EACH PRICE TOTAL r &dh.dut. 40 PVC RU 10 10.66 $ 6.40 r PVC (meati 2 40.00 S 1.60 Glue 1 00.00 0 4A0 Sam% 4 116.00 0 32,00 606001% TOTAL SUBTOTAL 44630 1% TAX 53.24 TOTAL MATERIALS {p.04 1SUPERVI SoR the. ® par hr. x 416 0 JOURNEY/MI 12 N. 0T ...._16122_6416r. 0 0% N4400 h1ECNN40 12 Ms. 04 51240 per(v.x 0% 404.00 M. 00 per hr.x Subtotal Labor, 21260.00 SUBTOTAL EQUIPMENT, MATERIALS, LABOR: 111,240.54 MARKUP: Mork by contractor) 1014 Overhead 04m Nm 10% Pro* 0443 1463 SUS•TOTAL SUBCONTRACTORS: TOTAL 41,260.60 GRAND TOTAL 41,20.60 P142 P143 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM CONSENT TO: Jason E. Brown, County Administrator THROUGH: Richard B. Szpyrka P.E., Public Works Director FROM: Keith McCully, P.E., Stormwater Engineer H4frj" SUBJECT: Approval of a 2017 House Appropriations Grant and a Fiscal Year 2017 TMDL Water Quality Restoration Grant for Osprey Acres Floway and Nature Preserve DATE: September 21, 2017 DESCRIPTION AND CONDITIONS On October 26, 2016, County staff applied for a Florida Department of Environmental Protection (FDEP) TMDL Water Quality Restoration Grant for Osprey Acres Floway and Nature Preserve (Osprey Acres). On February 23, 2017, FDEP notified staff that Osprey Acres would receive a $1,200,000 TMDL Grant. In early 2017, County staff applied for a Florida House Appropriations Grant for Osprey Acres. On May 4, 2017, staff was notified that Osprey Acres would receive a $1,234,286 Appropriations Grant. The two grants total $2,434,286 and a Standard Grant Agreement (Number NS027) encompassing both grants was received from FDEP on September 15, 2017. Staff has no recommended revisions to the Standard Grant Agreement. The County also has a $1,200,250 SJRWMD Cost -Share Grant for Osprey Acres (Contract #28730). The three grants total $3,634,536. All grants funds are allocated for construction activities. The project was bid for construction and on July 18, 2017, the County Commission awarded a $7,436,921.35 construction contract to West Construction, Inc. A notice to proceed with construction was issued to West Construction, Inc. with a project start date of September 5, 2017. FUNDING The construction contract is $7,436,921.35. As noted above, two new grants and the existing SJRWMD Cost -Share Grant will fund up to $3,634,536, or 48.9 percent of the project cost. The remainder of the project costs will be funded with a budget amendment from Optional Sales Tax Cash Forward - Oct 1st to Optional Sales Tax / Public Works / Osprey Acres Stormwater Park. Account No. 31524338-066510-16022. c:\users\legistar\appdata\local\temp\bcl technologies\easypdf 8\@bcl@t80d78a5\ a bcl@f80d78a5.doc P144 Page 2 Osprey Acres — TMDL and House Appropriation Grants for Osprey Acres Floway and Nature Preserve BCC Meeting — October 3, 2017 RECOMMENDATION Staff recommends that the County Commission approve Standard Grant Agreement Number NS027 for the TMDL Water Quality Restoration Grant and the Florida House Appropriations Grant and authorize the Chairman to execute it on behalf of the County. ATTACHMENTS Cost -Share Agreement with SJRWMD (Contract #28730) DISTRIBUTION Michael Smykowski, Budget Division Kate Pingolt Cotner, Assistant County Attorney APPROVED AGENDA ITEM FOR OCTOBER 3, 2017 C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@F80D78A5\@BCL@F80D78A5.doc P145 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project) Agreement Number Osprey Acres noway and Nature Preserve NS027 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Grantee Name: Indian River County Grantee Address: 1801 27th Street, Vero Beach, Florida 32960 (Department) Entity Type: Local Government FEID: 59-60000674 (Grantee) 3. Agreement Begin Date: Upon Execution Date of Expiration: June 30, 2020 Project Location(s):Indian River County, Florida 4. Project Number: a different from Agreement Number) Project Description: Construction of the Osprey Acres Stormwater Park, which will include primary treatment train processes, attendant infrastructure, and approximately six acres dedicated to an ancillary, created wetland. . Department's Grant Manager Name: Taufiqul Aziz or successor Address: 3900 Commonwealth Blvd., MS 3570 Tallahassee, Florida 32399-3000 Phone: Email: taufiqul.aziz@dep.state.fl.us 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby (850) 245-2950 rantee's Grant Manager Name: Keith McCully or successor Address:1801 27th Street Vero Beach, Florida 32960 Phone: (772) 226-1562 Email: kmccully(iiircgov.com incorporated by reterence: ® Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements 5. Total Amount of Funding: $2,434,286.00 Funding Source? Award #s or Line Item Appropriations: Line Item No. 1624, GAA, FY 2016-2017 Amount per Source(s): $1,200,000.00 ® State ❑Federal ® State ❑Federal Line Item No. 1606A, GAA, FY 2017-2018 $1,234,286.00 ❑ State ❑Federal ❑ Additional Attachments (if necessary): ❑ State ❑Federal ❑ Exhibit B: Disclosure of Lobbying Activities (Federal) 0 Exhibit C: DEP Property Reporting Form . Department's Grant Manager Name: Taufiqul Aziz or successor Address: 3900 Commonwealth Blvd., MS 3570 Tallahassee, Florida 32399-3000 Phone: Email: taufiqul.aziz@dep.state.fl.us 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby (850) 245-2950 rantee's Grant Manager Name: Keith McCully or successor Address:1801 27th Street Vero Beach, Florida 32960 Phone: (772) 226-1562 Email: kmccully(iiircgov.com incorporated by reterence: ® Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements ® Attachment 2: Special Terms and Conditions CEJ Attachment 3: Grant Work Plan V Attachment 4: Public Records Requirements 'n Attachment 5: Special Audit Requirements ❑ Attachment 6: Program -Specific Requirements • Attachment 7: Grant Award Terms (Federal) ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): ® Exhibit A: Progress Report Form ❑ Exhibit B: Disclosure of Lobbying Activities (Federal) 0 Exhibit C: DEP Property Reporting Form Iql Exhibit D: Payment Request Summary Form ® Exhibit E: Quality Assurance Requirements ❑ Exhibit F: Advance Payment Terms and Interest Earned Memo ❑ Additional Exhibits (if necessary): Rev. 5/25/17 P146 8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331(a)(1): Federal Award Identification Number(s) (FAIN): Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes EN/A IN WITNESS WHEREOF, this Agreement is being executed by the Parties and is effective on the date in the Agreement Begin Date above or the last date signed below,_ whichever is later. 9. Indian River County GRANTEE Grantee Name By Date Signed (Authorized Signature) Print Name and Title of Person Signing 10. State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Print Name and Title of Person Signing ® Additional signatures attached on separate page. Rev. 5/25/17 P147 DWRA Additional Signatures DEP Grant Manager DEP QC Reviewer P148 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any preprinted terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions between the documents that make up the Agreement, the order of precedence for the documents is as follows: i. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement ii. Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication between the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: an increase or decrease in the Agreement funding amount; a change in the Grantee's match requirements; a change in the expiration date of the Agreement; and/or changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed ten percent (10%) of the total budget as last approved by the Department. A change order to this Agreement may be used when task timelines within the current authorized Agreement period change, and/or when the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than ten percent (10%) of the total budget as last approved by the Department, or without limitation to changes to approved fund transfers between budget categories for the purchases of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to the Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. Attachment 1 1of12 Rev. 7/28/2017 P149 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by the Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time whether the services or qualifications offered by the Grantee meet the Agreement requirements. Notwithstanding any provisions to the contrary, written acceptance of a particular deliverable/minimum requirement does not foreclose the Department's remedies in the event those performance standards that cannot be readily measured at the time of delivery are not met. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by the Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at the Grantee's expense. If the Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to the Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at the Grantee's sole expense. The Grantee shall only invoice the Department for deliverables that are completed in accordance with the Grant Work Plan. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to the Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which the Grantee may remedy the objections noted by the Department. The Grantee's failure to make adequate or acceptable said deliverables after a reasonable opportunity to do so may constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. These consequences for nonperformance shall not be considered penalties. b. Corrective Action Plan. If the Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, the Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. The Department shall provide the Grantee with a written request for a CAP that specifies the outstanding deficiencies. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) calendar days of the date of the written request from the Department. The CAP shall be sent to the Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement. Attachment 1 2 of 12 Rev. 7/28/2017 P150 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by the Department, the Department agrees to pay the Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). To obtain the applicable interest rate, please refer to: http://www.myfloridacfo.com/Division/AANendors/default.htm. b. Taxes. The Department is exempted from payment of State sales and use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by the Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with the Department. The Grantee shall not use the Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of the Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit D, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: http://www.myfloridacfo.com/aadir/reference.guide/. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by the Department pursuant to the Grant Work Plan shall be submitted to the Department in sufficient detail for a proper pre -audit and post -audit to be performed. f Interim Payments. Interim payments may be made by the Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by the Department's Grant Manager. g. Final Payment Request, A final payment request should be submitted to the Department no later than sixty (60) calendar days following the completion date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the completion date of the Agreement. h. Annual Appropriation Contingency. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If the Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by the Grantee exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest shall be charged on Attachment 1 3 of 12 Rev. 7/28/2017 P151 the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $1,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to the Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from the Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager's approval of the fixed-price amount, the Grantee may proceed in fmalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, the Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $1,000 or more. Match or reimbursement for the Grantee's direct purchase of equipment is subject to specific approval of the Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Property Reporting Form. f. Rental/Lease of Equipment — Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of the Grantee's contract obligations to its subcontractor, the Department shall not reimburse any of the following types of charges: cell phone usage, attorney's fees or court costs, civil or administrative penalties, or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, the Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to the Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) calendar days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by the Grantee within thirty (30) days. Attachment 1 4of12 Rev. 7/28/2017 P152 11. Retainage. The following provisions apply if the Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement to a maximum percentage described in the Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. The Department reserves the right to withhold payment of retainage for Grantee's failure to respond to or correct identified deficiencies within the timeframe stipulated in the Grant Work Plan. The Department shall provide written notification to Grantee of identified deficiencies and the Department's intent to withhold retainage. Grantee's failure to rectify the identified deficiency within the timeframe stated in the Department's notice will result in forfeiture of retainage by Grantee. c. If Grantee fails to perform the requested work, or fails to perform the work m a satisfactory manner, Grantee shall forfeit its right to payment for the work and the retainage called for under the entire Grant Work Plan. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. d. No retainage shall be released or paid for incomplete work while this Agreement is suspended. e. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: i. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department of Environmental Protection, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $200,000 each individual's claim and $300,000 each occurrence. ii. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S., and employer's liability insurance with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Agreement. iii. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department of Environmental Protection, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company - Owned Vehicles, if applicable $300,000 Hired and Non -owned Automobile Liability Coverage iv. Other Insurance. Additional insurance may be required by federal law, where applicable, if any work proceeds over or adjacent to water, including but not limited to Jones Act, Longshoreman's and Harbor Worker's, or the inclusion of any applicable rider to worker's compensation insurance, and any necessary watercraft insurance, with limits of not less than $300,000 each. Questions conceming required coverage should be directed to the U.S. Department of Labor (http://www.dol.gov/owcp/dlhwc/lscontac.htm) or to the parties' insurance carrier. b. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as Attachment 1 5of12 Rev. 7/28/2017 P153 described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. c. Exceptions to Additional Insured Requirements. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. Further, notwithstanding the requirements above, if Grantee is self-insured, then the Department of Environmental Protection, its employees, and officers do not need to be listed as additional insureds. d. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. e. Proof of Insurance. Upon execution of this Agreement, the Grantee shall provide the Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from the Department, the Grantee shall furnish the Department with proof of applicable insurance coverage by standard form certificates of insurance, a self-insured authorization, or other certification of self-insurance. f. Failure to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, the Grantee shall immediately notify the Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) calendar days after the cancellation of coverage. 13. Termination. a. Termination for Convenience. The Department may terminate the Agreement in whole or in part by giving 30 days' written notice to the Grantee, when the Department determines, in its sole discretion, that it is in the State's interest to do so. The Department shall notify the Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee shall not furnish any service or deliverable after it receives the notice of termination, unless otherwise instructed in the notice. The Grantee shall not be entitled to recover any cancellation charges or lost profits. If the Agreement is terminated before performance is completed, the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described below occur or in the event that the Grantee fails to fulfill any of its other obligations under this Agreement. The Grantee shall continue work on any portion of the Agreement not terminated. lf, after termination, it is determined that the Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Department. The rights and remedies of the Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination, and except as otherwise directed by the Department, the Grantee shall stop performing services on the date, and to the extent specified, in the notice. 14. Notice of Default. If the Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, without limitation, any of the events of default listed below, the Department shall provide notice to the Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, the Grantee will be found in default, and the Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of the Department or outside the reasonable control of the Grantee, the following non-exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by the Grantee, including failure to timely deliver a material deliverable, failure to perforin the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding. Attachment 1 6of12 Rev. 7/28/2017 P154 c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information. d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and the like furnishing labor or materials, or failure to make payment to any other entities as required herein in connection with the Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; and i. One or more of the following circumstances, uncorrected for more than 30 calendar days unless, within the specified 30 -day period, the Grantee (including its receiver or trustee in banlcruptcy) provides to the Department adequate assurances, reasonably acceptable to the Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by the Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of the Grantee's business or property; and/or iv. An action by the Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide the Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints,' declaration of emergency, or other such circumstances. After receiving a suspension notice, the Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, the Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle the Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Grantee. In case of any delay the Grantee believes is excusable, the Grantee shall notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if the Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date the Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Grantee shall perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to the Department, in which case the Department may (1) accept allocated performance or deliveries from the Grantee, provided that the Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by the Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate the Agreement in whole or in part. Attachment 1 7of12 Rev. 7/28/2017 P155 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that the Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of the Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon the Department giving the Grantee (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by the Department in any legal action without the Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. — b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require the Department to hold harmless or indemnify the Grantee, insure or assume liability for the Grantee's negligence, waive the Department's sovereign immunity under the laws of Florida, or otherwise impose liability on the Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make the Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit the Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it at law or in equity and upon notice to the Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by the Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of the Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the convicted vendor list or the discriminatory vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. Attachment 1 8of12 Rev. 7/28/2017 P156 ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Notification. The Grantee shall notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list or the discriminatory vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Scrutinized Companies. Grantee certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, Grantee agrees to observe the requirements of Section 287.135, F.S., for applicable sub -agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement for cause if the Grantee, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Grantee, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 25. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between the Grantee and the State, the Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 26. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of the Department's Inspector General, or other authorized State official, the Grantee shall provide any type of information the Inspector General deems relevant to the Grantee's integrity or responsibility. Such information may include, but shall not be limited to, the Grantee's business or financial records, documents, or files of any type or form that refer to or relate to the Agreement. The Grantee shall retain such records for the longer of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.myflorida. com/library-archives/records-management/general-records-schedules/). Attachment 1 9of12 Rev. 7/28/2017 P157 27. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its Subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If the Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, the Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, the Grantee shall utilize the guidance provided under 2 CFR §200.330 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: https:l\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, the Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines). The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) calendar days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department. 28. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. Attachment 1 l0 of 12 Rev. 7/28/2017 P158 29. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of the Department. 30. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by the Grantee and may not be subcontracted or assigned without the prior written consent of the Department. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to the Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve the Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny the Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of the Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for the Grantee to meet the required delivery schedule. 31. Guarantee of Parent Company. If the Grantee is a subsidiary of another corporation or other business entity, the Grantee asserts that its parent company will guarantee all of the obligations of the Grantee for purposes of fulfilling the obligations of the Agreement. In the event the Grantee is sold during the period the Agreement is in effect, the Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of the Grantee. 32. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 33. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of the Grantee, its agents, servants, and employees, nor shall the Grantee disclaim its own negligence to the Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If the Department consents to a subcontract, the Grantee will specifically disclose that this Agreement does not create any third-party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 34. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 35. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Agreement must comply with all security and administrative requirements of the Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 36. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of the Department. In the event of any assignment, the Grantee remains secondarily liable for performance of the Agreement, unless the Department Attachment 1 11 of 12 Rev. 7/28/2017 P159 expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to the Grantee of its intent to do so. 37. Prohibited Local Government Construction Preferences. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which 50 percent (50%) or more of the cost will be paid from state -appropriated funds that have been appropriated at the time of the competitive solicitation, a state college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: i. The contractor's maintaining an office or place of business within a particular local jurisdiction; ii. The contractor's hiring employees or subcontractors from within a particular local jurisdiction; or iii. The contractor's prior payment of local taxes, assessments, or duties within a particular local jurisdiction. For any competitive solicitation that meets the criteria of this section, a state college, county, municipality, school district, or other political subdivision of the state shall disclose in the solicitation document that any applicable local ordinance or regulation does not include any preference that is prohibited by this section. 38. Prohibited Governmental Actions for Public Works Projects. Pursuant to Section 255.0992, F.S., state and political subdivisions that contract for public works projects are prohibited from imposing restrictive conditions on certain contractors, subcontractors, or material suppliers and prohibited from restricting qualified bidders from submitting bids. a. `Political subdivision" means separate agency or unit of local government created or established by law or ordinance and the officers thereof. The term includes, but is not limited to, a county; a city, town, or other municipality; or a department, commission, authority, school district, taxing district, water management district, board, public corporation, institution of higher education, or other public agency or body thereof authorized to expend public funds for construction, maintenance, repair or improvement of public works. b. "Public works project" means an activity of which fifty percent (50%) or more of the cost will be paid from state - appropriated funds that were appropriated at the time of the competitive solicitation and which consists of construction, maintenance, repair, renovation, remodeling or improvement of a building, road, street, sewer, storm drain, water system, site development, irrigation system, reclamation project, gas or electrical distribution system, gas or electrical substation, or other facility, project, or portion thereof that is owned in whole or in part by any political subdivision. c. Except as required by federal or state law, the state or political subdivision that contracts for a public works project may not require that a contractor, subcontractor or material supplier or carrier engaged in such project: i. Pay employees a predetermined amount of wages or prescribe any wage rate; ii. Provide employees a specified type, amount, or rate of employee benefits; iii. Control, limit, or expand staffing; or iv. Recruit, train, or hire employees from designated, restricted, or single source. d. For any competitive solicitation that meets the criteria of this section, the state or political subdivision that contracts for a public works project may not prohibit any contractor, subcontractor, or material supplier or carrier able to perform such work who is qualified, licensed, or certified as required by state law to perform such work from submitting a bid on the public works project, except for those vendors listed under Section 287.133 and Section 287.134, F.S. e. Contracts executed under Chapter 337, F.S. are exempt from these prohibitions. 39. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 12 of 12 Rev. 7/28/2017 P160 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT AGREEMENT SPECIAL TERMS AND CONDITIONS AGREEMENT # NS027 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is the Osprey Acres Floway and Nature Preserve. The Project is defined in more detail in the Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Costs Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category El ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, for actual costs not to exceed the budget amount identified in Attachment 3. ® Contractual (Subcontractors) 0 0 Travel 0 0 Equipment 0 ❑ Rental/Lease of Equipment ❑ 0 Miscellaneous/Other Expenses ❑ ❑ Land Acquisition No Equipment purchases shall be funded under this Agreement. There will be no Land Acquisitions funded under this Agreement. 5. Match Requirements. The Agreement requires at least an 11% match on the part of the Grantee. Therefore, the Grantee is responsible for providing $300,000 through cash or third party in-kind towards the work funded under this Agreement. The Grantee may claim allowable project expenditures made on or after execution for purposes of meeting its match requirement as identified above. Attachment 2, Agreement # NS027 1 of 2 Rev. 8/18/17 P161 Each payment request submitted shall document all matching funds and/or match efforts (i.e., in-kind services) provided during the period covered by each request. The final payment will not be processed until the match requirement has been met. If, upon completion of this Project, actual Project costs are less than the total estimated Project costs, and there are no pending payment requests, the Grantee's required match may be reduced proportionately, as long as at least an 11% match of the actual total cost of the Project is provided by the Grantee and the reduced amount satisfies statutory and program requirements. 6. Quality Assurance Requirements. The Grantee shall develop and implement quality assurance practices consisting of policies, procedures, specifications, standards, and documentation sufficient to produce data of quality adequate to meet Project objectives and to minimize loss of data due to out -of -control conditions or malfunctions. All sampling and analyses performed under this Agreement must conform with the requirements set forth in Chapter 62-160, Florida Administrative Code, and the Quality Assurance Requirements for Department Agreements, attached hereto and made part hereof as Exhibit E, Quality Assurance Requirements for Contracts and Grants, if applicable. If the Project does not involve environmentally -related measurements or data generation, this Attachment shall not be required and shall be intentionally excluded. 7. Additional Lobbying Requirements for Federally -Funded Agreements This Agreement is not federally funded. 8. Miscellaneous Contract Terms. a. Retainage. Retainage is permitted under this agreement. Retainage may be up to a maximum of 10% of the total amount of the Agreement. b. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. c. State-owned land. The work will not be performed on State-owned land. d. Office of Policy and Budget Reporting. Additional Requirements for Projects with Specific Line Item Appropriations. The Grantee will identify the expected return on investment for this project and provide this information to the Governor's Office of Policy and Budget (OPB) within three months of execution of this Agreement. For each full calendar quarter thereafter, the Grantee will provide quarterly update reports directly to OPB, no later than 20 days after the end of each quarter, documenting the positive return on investment to the state that results from the Grantee's project and its use of funds provided under this Agreement. Quarterly reports will continue until the Grantee is instructed by OPB that no further reports are needed, or until the end of this Agreement, whichever occurs first. All reports shall be submitted electronically to OPB at env.roi@laspbs.state.fl.us, and a copy shall also be submitted to the Department at legislativeaffairs@dep.state.fl.us. 9. Additional Terms. None. Attachment 2, Agreement # NS027 2 of 2 Rev. 8/18/17 P162 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Osprey Acres Floway and Nature Preserve PROJECT LOCATION: The Project will be located at 925 5th Street SW, City of Vero Beach, Indian River County, Florida. See Figure 1 for a location map and Figure 2 for a site plan view. PROJECT BACKGROUND: The proposed Osprey Acres Stormwater Park will receive effluent from Osprey Marsh, an abutting regional pollution control facility that receives and treats up to 10 million gallons per day (mgd) of canal water and up to 1.5 mgd of reverse osmosis concentrate from a water treatment plant. Osprey Acres will further reduce the total nitrogen (TN) and total phosphorus (TP) in Osprey Marsh's effluent and from additional unprocessed canal water. Osprey Acres is sized to treat up to 12 mgd and all treated water will flow to its original discharge point, the Indian River Lagoon. After construction is complete, Osprey Acres will function as a Managed Aquatic Plant System (MAPS), meaning those treatment units which accumulate nutrients through settling, direct plant uptake, or both, will be harvested through mechanical means and the harvested material windrow will be composted onsite or elsewhere, and potentially distributed for reuse within the wider community. Osprey Acres Stormwater Park will be operated with a strategic goal of sustainable nutrient removal and recovery; environmental enhancement and promotion of species diversity within a previously disturbed ecostructure through emulation of pre - disturbed conditions; optimization of community opportunities for education and nature studies; and demonstration of the benefits of nutrient recovery and reuse. PROJECT DESCRIPTION: The Grantee will construct the Osprey Acres Stormwater Park, which will include the primary treatment train processes, attendant infrastructure for operation of the facility as a MAPS, and approximately six acres dedicated to an ancillary, created wetland, which will involve removal of exotics and creation of wetland features. The system will receive effluent from the Osprey Marsh Algal Turf Scrubber's effluent polishing pond and additional untreated canal water. The main treatment train follows this general sequence: Settling ponds, floating aquatic plant scrubbers, filter marsh units, shallow marsh systems, and a series of floways in which submerged and emergent aquatic plants will be cultivated. The system is projected to remove between 3,700 to 8,400 pounds/year TN and 315 to 370 pounds/year TP. Infrastructure for the harvesting and composting of material will include the following access and maintenance provisions for attendant equipment and personnel: Drainage and windrow pads between the parallel units for processing harvested material, areas for solids processing and temporary material storage, site entrance road, driveway, parking area, site fencing and gates, operations building, and millings service road and work pad areas. Other features will include walking paths for community use. TASKS and DELIVERABLES: Task 1: Construction and Project Management Task Description: The Grantee will construct the Osprey Acres Stormwater Park in accordance with the construction contract documents. The project includes construction of the following: Piping connections to the Osprey Marsh Algal Turf Scrubber's effluent polishing pond; untreated canal water influent piping; two settling ponds; two floating aquatic plant scrubber units; two filter marshes; two shallow marsh systems; floway system; process connection piping; water control structures; discharge piping into the receiving water body; creation of wetland; walking paths; and infrastructure for operation of the facility as a MAPS. The Grantee will also perform construction oversight and project management, to include field engineering services, construction observation, site meetings with construction contractor, and design professionals, and DEP Agreement No. NS027, Attachment 3, Page 1 of 7 P163 overall project coordination and supervision. If the Grantee contracts these services, the Grantee will procure such services in accordance with state law. Deliverable la: Construction and project management completed to date as described in this task, as evidenced by these interim deliverables: 1) Signed acceptance of the completed work by the Grantee, 2) Contractor's Application and Certification for Payment, 3) interim progress status summaries including summary of inspection(s), representative photos, meeting minutes and field notes, as applicable, and 4) dated color photographs of on-going work representing the time period covered in the payment request. These interim deliverables must be submitted prior to each payment request and may be submitted no more frequently than quarterly. Performance Standard: The Department's Grant Manager will review each submitted interim deliverable to verify that it meets the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract documents. Upon review and written acceptance of each quarterly interim deliverables submittal by the Department's Grant Manager, the Grantee may proceed with payment request submittal for costs associated with that submittal period under this task. Deliverable lb: Osprey Acres Stonnwater Park constructed as described in this task, as evidenced by these final deliverables: 1) Dated color photographs of the construction site(s) prior to, during, and immediately following completion of the construction task; 2) written verification that the Grantee has received record drawings and any required final inspection report(s) for the project; 3) signed acceptance of the completed work by the Grantee; and 4) signed statement from a Florida Licensed Professional Engineer indicating construction has been completed in accordance with the construction contract documents. Performance Standard: The Department's Grant Manager will review the fmal deliverables to verify that they meet the specifications in the Grant Work Plan and this task description and that work is being performed in accordance with the Grantee's construction contract documents. Upon review and written approval by the Department's Grant Manager of all final deliverables under this task, the Grantee may proceed with payment request submittal. Payment Request Schedule: The deliverables must be submitted and accepted prior to each payment request and may be submitted no more frequently than quarterly. Task 2: Quality Assurance Project Plan Task Description: The Grantee will prepare, submit, and receive approval on a Quality Assurance Project Plan (QAPP) prior to commencement of any monitoring associated with the project. The QAPP must specify the sampling procedures, locations, instruments, and parameters to be sampled. The Grantee will use the format provided by the Department's Grant Manager, if applicable. Deliverable 2a: Draft QAPP submitted electronically in Word format to the Department's Grant Manager. Upon request, the Grantee will provide a paper copy of the Draft QAPP to the Department's Grant Manager. Performance Standard: The Department's Grant Manager will ensure review of the draft QAPP for compliance with this Agreement and the quality assurance requirements, to ensure sufficient monitoring is planned to measure project effectiveness, and provide comments to the Grantee as needed prior to Final QAPP submittal. Deliverable 2b: Final Department -approved QAPP submitted electronically in Word format to the Department's Grant Manager. Upon request, the Grantee will provide a paper copy of the Final QAPP to the Department's Grant Manager. DEP Agreement No. NS027, Attachment 3, Page 2 of 7 P164 Performance Standard: The Department's Grant manager will review the Final QAPP to ensure that draft comments have been taken into consideration and the Final QAPP is in compliance with this Agreement and the quality assurance requirements. Task 3: Monitoring Task Description: The Grantee will conduct monitoring in accordance with the Department -approved QAPP for this project (see Task 2). Deliverables: Summary of completed monitoring activities (dates completed, sampling conducted and any not conducted and why), monitoring results along with interpretation of those results (as expected or not as expected) submitted electronically, along with the draft or final (when submitting fmal request) laboratory report and sampling logs (must also have field and weather data) to the Department's Grant Manager. Upon request, the Grantee will provide a paper copy or copies to the Department's Grant Manager. Performance Standard: The Department's Grant Manager will review the monitoring results for completion and compliance with QAPP requirements. Task 4: Public Education Task Description: The Grantee will provide public education information about the project and its environmental benefits in the following format: Information published on the County Stormwater Division website. The website will be updated as appropriate. Deliverable 4a: Provide the active link for the website as designed or updated with project information to the Department's Grant Manager with expectation that draft material is provided for review prior to finalization. Deliverables should be submitted as electronic copies unless otherwise requested by the Department's Grant Manager. Performance Standard: The Department's Grant Manager must approve draft materials prior to public distribution. The Department's Grant Manager will review the draft deliverables and provide comments to the Grantee as needed. Deliverable 4b: Incorporate any suggested changes to the website or information posted there and provide documentation to demonstrate the website's service functionality. Deliverables should be submitted as electronic copies unless otherwise requested by the Department's Grant Manager. Performance Standard: The Department's Grant manager will review the final deliverables to ensure the draft comments have been taken into consideration. Task 5: Final Report Task Description: The Grantee will prepare a Final Report summarizing the results of the project, including all tasks in the Grant Work Plan. The Final Report must include at a minimum: ■ Project location and background, project description and timeline, grant award amount and anticipated benefits. • Financial summary of actual costs versus the budget, along with any changes required to the budget. Include any match or locally pledged contributions provided, along with other related project work performed outside of this Agreement to identify the overall project cost. • Discussion of project schedule versus actual completion, including changes required to the schedule, unexpected site conditions and adjustments, significant unexpected delays and corrections, and/or other significant deviations from the original project plan. DEP Agreement No. NS027, Attachment 3, Page 3 of 7 P165 • Summary of activities completed as well as those not completed and why, as well as a brief summary of any additional phases yet to be completed. • Photo documentation of work performed (before, during and after), appropriate figures (site location, site plan(s), etc.), appropriate tables summarizing data/information relevant to Grant Work Plan tasks, and appropriate attachments relevant to the project. • Discussion of whether the anticipated benefits have been/will be realized (e.g., why a Best Management Practice (BMP) approach did or did not exceed the expected removal efficiency). • Summary of monitoring activities completed and any not completed and why, monitoring results, and an interpretation of data based on planned versus realized results. Deliverable 5a: An electronic copy of the draft Final Report in Word format submitted to the Department's Grant Manager for review prior to submission of the Final Report. Upon request, the Grantee will provide a paper copy of the draft Final Report. Performance Standard: The Department's Grant Manager will review the submitted draft Final Report to verify that it meets the specifications in the Grant Work Plan and this task description, and provide any comments to the Grantee for incorporation into the Final Report. Deliverable 5b: An electronic copy of the Final Report, with all suggested changes taken into consideration, in Word or PDF format submitted to the Department's Grant Manager for review and approval. Upon request, the Grantee will provide a paper copy of the Final Report. Performance Standard: The Department's Grant Manager will review the deliverables to ensure that they meet the specifications in the Grant Work Plan and this task description. PROJECT TIMELINE: The tasks must be completed and all deliverables received by the corresponding task end date. Task/ Deliverable No. Task or Deliverable Title Task Start Date Task End Date 1 Construction and Project Management Upon Execution July 31, 2018 2 Quality Assurance Project Plan Upon Execution April 30, 2018 2a Draft QAPP Upon Execution December 31, 2017 2b Final QAPP Upon Execution April 30, 2018 3 Monitoring October 1, 2018 September 30, 2019 4 Public Education Upon Execution December 31, 2019 4a Draft Deliverable Upon Execution November 30, 2019 4b Final Deliverable Upon Execution December 31, 2019 5 Final Report Upon Execution December 31, 2019 DEP Agreement No. NS027, Attachment 3, Page 4 of 7 P166 BUDGET DETAIL BY TASK: Task No. Budget Category TMDL Category Grant Amount Legislative Appropriation Amount Local Match Amount 1 Contractual Services $1,200,000 $1,234,286 $300,000 Total for Task: $1,200,000 $1,234,286 $300,000 2 No Grant Funds or Required Grantee Match Funds Associated with this Task. 3 No Grant Funds or Required Grantee Match Funds Associated with this Task. 4 No Grant Funds or Required Grantee Match Funds Associated with this Task. 5 No Grant Funds or Required Grantee Match Funds Associated with this Task. Percentage: 43.9% 45.1% 11% PROJECT BUDGET SUMMARY: Cost reimbursable grant funding must not exceed the category totals for the project as indicated below. Match funding shall be provided in the categories indicated below. LI t te*yr{H ESi ` t ���!; "b& " �t yXyG ,"yrk• kt r E ai r `'j' .•.S 3 �.3Q { 'c .t„'t-, 0 i10 Q z� Y.1 Y�' .r : t 5 Iik • '6 ,.r%�i�Iy � 0d $ t��x.Wwe"�" `i l' �„u ro4y.I .{ y,yn 4fi`?e 4c M .1'`.$i N+ax {�t bS i/ r , `�' L. ` t.K 33 w,.�.-. i`. 117 Contractual Services Total $1,200,000 $1,234,286 2 No Required Grantee Match Funds Associated with this Task. $300,000 No Required Grantee Match Funds Associated with this Task. Totals: $1,200,000 $1,234,286 No Required Grantee Match Funds Associated with this Task. Percentage: $300,000 25% PROJECT MATCH SUMMARY (Match to TMDL Category Grant): Task No. Budget Category Legislative Appropriation Funding Local Match Funding 1 Contractual Services $900,000 $300,000 Total for Task: $900,000 $300,000 2 No Required Grantee Match Funds Associated with this Task. 3 No Required Grantee Match Funds Associated with this Task. 4 No Required Grantee Match Funds Associated with this Task. 5 No Required Grantee Match Funds Associated with this Task. Percentage: 75% 25% REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. NS027, Attachment 3, Page 5 of 7 P167 FIGIJRE 1— LOCATION MAP DEP Agreement No. NS027, Attachment 3, Page 6 of 7 P168 FIGURE 2— SITE PLAN .1 4 k: „ !!.Q/|3 1 'r E/�^ 5" -%: &. : • i�. ) • • )( T 8 § DEP Agreement No. NS027, Attachment 3, Page 7 of 7 DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records a. If the Agreement exceeds $35,000.00, and if the Grantee is acting on behalf of the Department in its performance of services under the Agreement, the Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by the Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if the Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If the Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply: a. Keep and maintain Public Records required by the Department to perform the service. b. Upon request, provide the Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to the Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. 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 Public Records to the Department. e. Upon completion of the contract, transfer, at no cost, to the Department all Public Records in possession of the contractor or keep and maintain Public Records required by the Department to perform the service. If the contractor transfers all Public Records to the Department 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 Public Records stored electronically must be provided to the Department, upon request from the Department's custodian of Public Records, in a format specified by the Department as compatible with the information teclmology systems of the Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE Rev. 5/26/17 Attachment 4 1 of 2 P170 CONTRACT, CONTACT PUBLIC RECORDS AT: Telephone: Email: Mailing Address: Rev. 5/26/17 THE DEPARTMENT'S CUSTODIAN OF (850) 245-2118 public.services@dep.state.fl.us Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 2 of 2 P171 ATTACHMENT 5 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department, "DEP", "FDEP" or "Grantor'; or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor'; Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised, 2 CFR Part 200, Subpart F, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised (for fiscal year start dates prior to December 26, 2014), or as defined in 2 CFR §200.330 (for fiscal year start dates after December 26, 2014). 1. In the event that the recipient expends $500,000 ($750,000 for fiscal year start dates after December 26, 2014) or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. EXHIBIT. 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F. 3. If the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, is not required. In the event that the recipient expends less than $500,000 (or $750,000, as applicable) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at www.cfda.2ov Attachment 5 1 of 5 P172 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(n), Florida Statutes. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient, the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state fmancial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfin, State of Florida's website at littp://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/ and the Auditor General's Website at http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity s policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, by or on behalf of the recipient directly to each of the following: Attachment 5 2 of 5 P173 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit a dep.state.fl.us B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised, and 2 CFR §200.501(a) (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, and 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised, and 2 CFR §200.512. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit a dep.state.fl.us 3. Copies of fmancial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Attachment 5 3 of 5 P174 Electronically: FDEPSingleAudit@dep.state.fl.us B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit®dep.state.fl.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, as revised, and 2 CFR Part 200, Subpart F, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, as revised and 2 CFR Part 200, Subpart F, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Attachment 5 4 of 5 P175 is Agreement Consist of the Following: State Appropriation Category I 0 00 00 0 140047 Fundin: Amount 4.1 \O 00C't Tr N EAw CFDA Title Statewide Surface Water Restoration and Wastewater Projects Statewide Surface Water Restoration and Wastewater Projects Federal Resources Awarded to the Recipient Pursuant to thi 4) O R M State Resources Awarded to the Recipient A w 00 0 rl N 0 State Resources Awarded to the Recipient C.)z General Appropriations Line Item 1624 General Appropriations Line Item 1606A Agency Original Agreement Original Agreement Federal Program Number 'ursuant to this Agreement Consist of the Following Matching Resources for Federal Programs: State Appropriation Category I 0 00 00 0 140047 Funding Amount 0 Od. N os \O 00C't Tr N EAw CFDA Title Statewide Surface Water Restoration and Wastewater Projects Statewide Surface Water Restoration and Wastewater Projects d A U 37.039 O R M State Resources Awarded to the Recipient U a.) b w 00 0 rl N 0 State Resources Awarded to the Recipient N N O g 4-,wz General Appropriations Line Item 1624 General Appropriations Line Item 1606A Pursuant to this Agreement Consist of the Following Resources Subject to Section 215.97, F.S.: State Appropriation Category I 0 00 00 0 140047 0 1 4 g 0 Od. N os \O 00C't Tr N EAw CSFA Title or Funding Source Description Statewide Surface Water Restoration and Wastewater Projects Statewide Surface Water Restoration and Wastewater Projects VA z 37.039 O R M State Fiscal Year r- ti Ci 40 N 00 0 rl N 0 State Resources Awarded to the Recipient Funding Source General Appropriations Line Item 1624 General Appropriations Line Item 1606A a) UJ A., Original Agreement Original Agreement P176 DEPARTMENT OF ENVIRONMENTAL PROTECTION Progress Report Form Exhibit A DEP Agreement No.: NS027 Grantee Name: Grantee Address: Grantee's Grant Manager: Telephone No.: Reporting Period: Project Number and Title: Provide the following information for all tasks and deliverables identified in the Grant Work Plan: a summary of project accomplishments for the reporting period; a comparison of actual accomplishments to goals for the period; if goals were not met, provide reasons why; provide an update on the estimated time for completion of the task and an explanation for any anticipated delays and identify by task. i NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The followini format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: This report is submitted in accordance with the reporting requirements of DEP Agreement No. NS027 and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Exhibit A, DEP Agreement #: NS027 1 of 1 Rev. 5/30/2017 Date P177 EXHIBIT D PAYMENT REQUEST SUMMARY FORM Payment Request No. DEP Agreement No. Date Performance Period (Start date - End date): Deliverables completed to support payment request (attach additional pages as needed): Task/Deliverable Task Budget Amount: $ Number(s): Grantee: (Name & Mailing Address) Grantee Contact: (Name & Phone) GRANT EXPENDITURES SUMMARY SECTION CATEGORY OF EXPENDITURE (As authorized) AMOUNT OF THIS REQUEST TOTAL CUMULATIVE PAYMENT REQUESTS MATCHING FUNDS FOR THIS REQUEST TOTAL CUMULATIVE MATCHING FUNDS Salaries/Wages $ - $ - $ - $ - Fringe Benefits $ - $ - $ - $ - Indirect Cost $ - $ - $ - $ - Contractual (Subcontractors) $ - $ - $ - $ - Travel $ - $ - $ - $ - Equipment (Direct Purchases) $ - $ - $ - $ - Rental/Lease of Equipment $ - $ - $ - $ - Miscellaneous/Other Expenses $ - $ - $ - $ - Land Acquisition $ - $ - $ - $ - TOTAL AMOUNT $ $ $ $ TOTAL BUDGET (ALL TASKS) $ $ Less Total Cumulative Payment Requests of: $ $ TOTAL REMAINING (ALL TASKS) $ $ GRANTEE CERTIFICATION Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above cited grant activities. DEP Agreement No. NS027, Exhibit D, Page I of 5 P178 Grantee's Certification of Payment Request 1, , on behalf of (Print name of Grantee's Grant Manager designated in the Agreement) , do hereby certify for (Print name of Grantee) DEP Agreement No. and Payment Request No. that: EJ The disbursement amount requested is for allowable costs for the project described in Attachment A of the Agreement. ® All costs included in the amount requested have been satisfactorily purchased, performed, received, and applied toward completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement. m The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts. Check all that apply: 0 All permits and approvals required for the construction, which is underway, have been obtained. ❑ Construction up to the point of this disbursement is in compliance with the construction plans and permits. ❑ The Grantee's Grant Manager relied on certifications from the following professionals that provided services for this project during the time period covered by this Certification of Payment Request, and such certifications are included: Professional Service Provider (Name / License No.) Period of Service (mm/dd/yy — mm/dd/yy) Grantee's Grant Manager's Signature Grantee's Fiscal Agent Signature Print Name Print Name Telephone Number Telephone Number DEP Agreement No. NS027, Exhibit D, Page 2 of 5 P179 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. DEP AGREEMENT NO.: This is the number on your grant agreement. DATE: This is the date that you are submitting the payment request. PERFORMANCE PERIOD: This is the beginning and ending date of the performance period for the Task/Deliverable that the request is for (this must be within the timeline shown for the Task/Deliverable in the Agreement). TASK/DELIVERABLE NO.: Identify the number of the Task/Deliverable that you are requesting payment for and/or claiming match for (must agree with the current Grant Work Plan). Note: If payment request includes more than one Task/Deliverable, additional pages should identify each Task/Deliverable Number, its corresponding budget amount, and the amount requested. TASK BUDGET AMOUNT: List the Task budget amount as identified in the Grant Work Plan for the corresponding Task/Delverable. Note: If payment request includes more than one Task/Deliverable, additional pages should identify each Task/Deliverable Number, its corresponding budget amount, and the amount requested. GRANTEE: Enter the name of the Grantee's agency and the address to which you want the state warrant sent. GRANTEE CONTACT: List the name and telephone number for the Grantee's grant manager or other point of contact regarding the payment request submittal. GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter by authorized category of expenditure the amount for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the column total on the "TOTAL AMOUNT" line. Enter the amount of all Tasks on the "TOTAL BUDGET (ALL TASKS) " line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF" line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REQUESTS OF" from the "TOTAL BUDGET (ALL TASKS) " for the amount to enter on the "TOTAL REMAINING (ALL TASKS) " line. "TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should show the total of all requests; first through the final request (this amount cannot exceed the approved budget amount for that budget category for the Task(s) you are reporting on). Enter the column total on the "TOTAL PAYMENT REQUEST" line. Do not enter anything m the shaded areas. "MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the performance period for the Task(s) you are reporting on. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the "TOTAL AMOUNT" line for this column. Enter the match budget amount on the "TOTAL BUDGET (ALL TASKS) " line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF" line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF" from the "TOTAL BUDGET (ALL TASKS) " for the amount to enter on the "TOTAL REMAINING (ALL TASKS) " line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amounts you have claimed to date for match by budget category. Put the total of all on the line titled "TOTAL PAYMENT REQUEST ." The final request should show the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas. GRANTEE'S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers that certified work or services completed during the period included in the request for payment. Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. DEP Agreement No. NS027, Exhibit D, Page 3 of 5 P180 DEP Agreement No. NS027, Exhibit D, Page 4 of 5 P181 Task/Deliverable Number (4) Payment Request No.: Check Number Requested Amount (3) 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Local Share or Other Funding or Amount Not Requested (2) 1 1 1 1 1 1 1 1 1 1 1 1 1 , Invoice Amount (1) Invoice Date Invoice Number Grantee Name: DEP Agreement No.: Vendor Name H 4g 0 H DEP Agreement No. NS027, Exhibit D, Page 4 of 5 P181 Instructions for Completing Request for Payment - Part II Include the Grantee Name, Payment Request No., and DEP Agreement Number. List vendor invoices that are associated with the Project by Task/Deliverable. 1 Invoice Amount: Amount of Invoice being submitted for reimbursement. 2 Local Share or Other Funding or Amount Not Requested: Portion of invoice paid for by Grantee. Requested Amount: Subtract Grantee's Local Share or Other Funding or Amount Not Requested (2) from Invoice 3 Amount (1). Deliverable Number: Must identify completed deliverable(s) for each invoice. If invoice covers multiple deliverables, that invoice would be listed multiple times, a line item for each deliverable with any portion not 4 applicable to that Task/Deliverable identified under (2). Submittal Instructions Instructions for E -mailing: The program now accepts reimbursement requests electronically. When scanning please be sure that the minimum scan resolution must be 300 DPI (dots per inch). When reimbursement requests are sent electronically, please do not also send a hard copy by postal mail. You should anticipate a response from program staff within 2 business days. Remit Payment Request by E-mail to the Department's Grant Manager. Be sure the E-mail payment request includes the following: Cc: Department's Grant/Project Manager Subject: Project Number_Disbursement Number: example — LPI4025_Disb_1 Attachments:: 1) Attachment B Payment Request Summary 2) Request for Payment Part II Reimbursement Detail 3) Copies of invoices 4) Other supporting documentation, as needed For questions or concerns regarding these forms or if you would like the payment request forms listed above in electronic format please contact the Department's Grant Manager. DEP Agreement No. NS027, Exhibit D, Page 5 of 5 P182 EXHIBIT E Department of Environmental Protection Quality Assurance Requirements for Contracts and Grants 1. GENERAL REQUIREMENTS AND DEFINITIONS a. As applicable to the scope of services described in the contract work plan or other statement of work for this contract, the sampling, field testing and laboratory analyses performed under this contract shall conform to the requirements set forth in Chapter 62-160, Florida Administrative Code (F.A.C.) and "Requirements for Field and Analytical Work Performed for the Department of Environmental Protection under Contract" (DEP-QA-002/02), February 2002. b. Hereinafter, "DEP" or "Department" refers to the Florida Department of Environmental Protection. c. "Sample" and "sampling" refers to samples that shall be either collected or analyzed under the terms of this contract. 2. REQUIREMENTS FOR LABORATORIES a. All applicable laboratory testing activities shall be performed by laboratories certified by the Florida Department of Health Environmental Laboratory Certification Program (DoH ELCP) for all applicable matrix/method/analyte combinations to be measured for this contract. Laboratory certification requirements are described in rule 62-160.300, F.A.C. Certification is not required for laboratory tests outside of the scope of DoH ELCP accreditation as determined according to 62- 160.300(5)(c), F.A.C. b. For samples collected from a non -potable water matrix, the certification requirement is met if the laboratory is certified for the contracted analyte(s) in at least one method utilizing an analytical technology appropriate for the contract, as determined by the Department according to 62- 160.300(1)(c), F.A.C. c. If the laboratory is not certified for some or all of the proposed test measurements, the laboratory shall apply for certification within one month of contract execution. The laboratory shall attempt to become fully certified for all applicable matrix/method/analyte combinations to be performed for the contract by maintaining active coordination with the DoH ELCP throughout the application process. Regardless of when the laboratory receives certification, the laboratory shall implement all applicable standards of the National Environmental Laboratory Accreditation Conference (NELAC 2003 Quality Systems standards, as adopted) upon contract execution. d. Laboratories shall maintain certification as specified in item 2.a above during the life of the contract. Should certification for an analyte or test method be lost, all affected tests shall be immediately sub -contracted to a laboratory with current DoH ELCP certification in the appropriate matrix/method/analyte combination(s). The contractor shall notify the DEP contract manager in writing before any change to a sub -contracted laboratory is made. e. The DoH ELCP certificate number (certified laboratory identification number) for each contracted (and sub -contracted) laboratory shall be listed in the required contract QA plan (see Section 6 below) in association with the analytical tests to be performed by each laboratory analyzing samples for the contract. f. Each certified laboratory analyzing contracted samples shall ensure that an acceptable demonstration of capability (DOC) is performed as described in the 2003 NELAC Quality Systems standards (NELAC 2003, Section 5.5.4.2.2 and Appendix C). In addition, each certified laboratory that performs any of the proposed matrix/method/analyte combination(s) approved for the contract shall have the requisite DOC documentation and supporting laboratory records on file for the applicable combinations. The DOCs performed shall meet the requirements for precision, accuracy, method detection limit (MDL) and/or practical quantitation limit (PQL), as specified in each applicable laboratory test method, Standard Operating Procedure (SOP) or Quality Manual, or as listed in the contract QA plan (section 6, below). Alternative limits for detection and quantitation other than MDL and PQL shall be determined, if applicable to the laboratory. DOCs performed for the contracted analytes shall include any modifications to the test method or SOP that have been approved by DEP according to 62-160.330(3), F.A.C., if Exhibit E, Page 1 of 6 DEP Quality Assurance Requirements for Contracts & Grants Standard Field & Lab Services Rev. 1-19-16 P183 applicable. If requested by the Department, documentation that supports the DOC for a specified analyte and test method shall be made available for review. g. The contracted (and/or subcontracted) laboratory shall report PQLs and MDLs or other specified limits of detection and quantitation with the results of sample analyses. MDLs and/or PQLs shall only be required for test methods that are technically amenable to the determination of MDLs and/or PQLs. For those test methods where the determination of MDLs and/or PQLs are not technically feasible, the laboratory shall report a value or increment representing the lower limit of the working range of the test method, however determined by the laboratory. The laboratory shall indicate whether the reported limit represents a limit of detection or quantitation. In all cases, limits of detection and quantitation other than MDLs and PQLs shall be explicitly defined and evaluated by the laboratory. All limits shall be as listed in the applicable laboratory test method, SOP or Quality Manual, or as listed in the contract QA plan (Section 6, below). The reported MDLs and PQLs (or other limits per above) shall meet the analytical sensitivity and quantitation objectives for the contract. h. Additional laboratory quality control expectations: (i) The selected laboratory test methods listed in the QA Plan shall provide results that meet applicable contract data quality objectives. (ii) All laboratory testing procedures shall follow the analytical methods as approved in the contract QA plan (see Section 6). (iii) The laboratory shall adhere to the quality control requirements specified in the laboratory test methods and this Attachment. (iv) The laboratory shall calculate all sample results according to the procedures specified in the analytical test methods approved in the contract QA plan. 3. FIELD ACTIVITIES a. All sample collection and field testing activities shall be performed in accordance with the Department's "Standard Operating Procedures for Field Activities" (DEP-SOP-001/01, March 1, 2014). The specific standard operating procedures (SOPs) to be used for this contract shall be cited in the contract QA plan (see Section 6). b. Field -Generated Quality Control (QC) Blanks are defined in DEP SOP FQ 1000 (subparts FQ 1211 — FQ 1214) and shall be composed and analyzed for sample collection activities associated with this contract according to the requirements of part FQ 1230 (sections 1. — 2.3.1), DEP SOP FS 2100 (Part FS 2110, sec. 2.1.1.2) and/or DEP SOP FS 2400 (Part FS 2430, sec. 2.1.1.2), as applicable to the analytes and matrices to be collected using the sampling equipment specified in the contract QA plan (section 6 below). (1) If an analyte detected in the sample is also found in any field -generated QC blank that is associated with the sample, the contractor shall investigate and attempt to determine the cause of the QC blank contamination. If any contracted sample results are qualified as in (ii) below, the outcome of this investigation shall be reported to the DEP contract manager and shall include a discussion of the corrective measures taken to minimize future occurrences of QC blank contamination associated with the collection of samples for this contract. (ii) If an analyte detected in the sample is also found in any field -generated QC blank that is associated with the sample, the analytical result reported for the affected sample shall be qualified as an estimated value, unless the analyte concentration in the blank is less than or equal to 10% of the reported sample concentration. The "G" data qualifier code shall be reported with the sample result for any blank concentration exceeding the above "10%" criterion for the affected analyte (see Table 1, Chapter 62-160, F.A.C.). 4. REPORTING. DOCUMENTATION AND RECORDS RETENTION a. All laboratory and field records described or listed in Rules 62-160.240 and 62-160.340, F.A.C. shall be retained for a minimum of five years after the generation (or completion) of the records applicable to the contract. Longer retention times as specified in the contract shall supersede. b. All field and laboratory data and supporting information shall be reported for this contract according to applicable requirements in 62-160.340(3) through 62-160.340(8), F.A.C. Exhibit E, Page 2 of 6 DEP Quality Assurance Requirements for Contracts & Grants Standard Field & Lab Services Rev. 1-19-16 P184 c. Any other documentation and reports associated with work performed for this contract shall be likewise retained and shall include relevant information for the procedures described in sections 2 and 3, above. d. Any documentation or reports specifically identified in this contract as deliverable work products shall be retained as in 4.a., above. e. All field and laboratory records that are associated with work performed under this contract shall be organized so that any information can be quickly and easily retrieved for inspection, copying or distribution. f. The Department reserves the right to request some or all of the laboratory or field information in an electronic format specified by the Department, as specified in the contract, and/or as described in the approved contract QA plan (section 6). Also see subsection k., below. g. Any certified laboratory reports issued for contracted sample analyses using certified methods shall be generated in accordance with NELAC Quality Systems requirements (NELAC 2003, section 5.5.10). h. Upon request by the Department contract manager or as required by the contract, copies of the original laboratory reports shall be submitted to the contract manager. i. In addition to any reports of sample results provided per contract deliverable requirements and subsections b., e., f. and g., above, the contractor shall submit any of the laboratory information and/or records associated with the contracted analyses as described in this section (section 4) upon request by DEP, including any of the following: ► Laboratory sample identification (ID) and associated Field ID ► Analytical/test method ► Parameter/analyte name ► Analytical result (including dilution factor) ► Result unit ► Applicable DEP Data Qualifier Codes per Table 1 of Chapter 62-160, F.A.C. ► Result comment(s) to include corrective/preventive actions taken for any failed QC measure (e.g., QC sample result, calibration failure) or other problem related to the analysis of the samples ► Date and time of sample preparation (if applicable) ► Date and time of sample analysis ► Results of laboratory verification of field preservation of received samples ► Sample matrix ► DoH ELCP certification number for each laboratory (must be associated with the test results generated by each laboratory analyzing samples under this contract) ► MDL, Limit of Detection (LOD) or other defined limit of detection ► PQL, Limit of Quantitation (LOQ) or other defined limit of quantification ► Field and laboratory QC blank results: • Laboratory QC blank analysis results as required by the method and the NELAC Quality Systems standards (e.g., method blank) • Results for trip blanks, field blanks and equipment blanks, as applicable to the project and as specified in the QA Plan (see Section 6) ► Results for field duplicates (or replicates) ► Results for other QC and calibration verification results, as applicable to the specific test methods used for the contracted analyses: • Results of sample matrix spikes, laboratory duplicates or matrix spike duplicates • Results of surrogate spike analyses • Results of laboratory control samples (LCS) • Results of calibration verifications • Acceptance criteria used to evaluate each reported quality control measure Exhibit E, Page 3 of 6 DEP Quality Assurance Requirements for Contracts & Grants Standard Field & Lab Services Rev. 1-19-16 P185 j. Unequivocal documentation links between each reported laboratory quality control measure (e.g., QC blanks, matrix spikes, LCS, duplicates, calibration verification) and the associated sample result(s) shall be maintained for all contracted analyses. k. In addition to any field information provided per contract deliverable requirements, and subsections b., e., f. and g., above, the contractor shall submit any of the field information and/or records associated with the contracted samples as described in this section (section 4) upon request by DEP, including any of the following: ► Site name and location information ► Field ID for each sample container and the associated analytes (test methods) for which the container was collected ► Date and time of sample collection ► Sample collection depth, if applicable ► Sample collection method identified by the DEP SOP number, where applicable ► If performed, indicate samples that were filtered ► Field test measurement results: • DEP SOP number (FT -series), where applicable • Parameter name • Result • Result unit • Applicable Data Qualifier Codes per Table 1 of Chapter 62-160, F.A.C. ► Narrative comments providing explanations, descriptions and/or discussions of: field conditions impacting QC for sample collections, unacceptable field measurements, field- testing meter calibration verification failures, or other problems related to the sampling event, and corrective/preventive actions taken for the items noted (e.g., for blank contamination or meter calibration failure). I. The Department reserves the right to request some or all of the laboratory or field information in a format as specified in the contract, and/or as described in the approved contract QA plan (section 6). Required formats are specified in Attachment 3, Grant Work Plan. 5. AUDITS a. AUDITS BY THE DEPARTMENT — Pursuant to Rule 62-160.650, F.A.C., the Department may conduct audits of field and laboratory activities. In addition to allowing Department representatives to conduct onsite audits of contracted work in the field or at contractor (or subcontractor) facilities, upon request by the Department, field and laboratory records pertinent to the contracted research as described per section 4, above shall be provided by the contractor. If an audit by the Department results in a determination that the reported data are not usable for the purpose(s) of the contract, do not meet the data quality objectives specified by the contract, do not meet other applicable Department criteria described in the contract, its attachments, the QA Plan (see section 6, below) or these QA Requirements, do not applicable meet data validation criteria outlined in Rule 62-160.670, F.A.C.; or, are not otherwise suitable for the intended use of the data (however applicable), the DEP contract manager shall pursue remedies available to the Department, including those outlined in section 8, below. b. PLANNING REVIEW AUDITS — (i) Initial: Prior to the completion of the sampling and analysis events and after the second completed sampling and analysis event but no later than fourth, or as described in Attachment 3, the contractor and all subcontractors shall review the contract QA plan (see Section 6 below) relative to the completed field and laboratory activities to determine if data quality objectives are being met, identify any improvements to be made to project activities, and refine the sampling and/or analytical design or schedule, if applicable. Within one month of the review, a summary of the review, including any corrective action plans or amendments to the contract QA plan, shall be sent to the DEP contract manager, and a copy of all submitted documents shall be maintained with the permanent project records. Exhibit E, Page 4 of 6 DEP Quality Assurance Requirements for Contracts & Grants Standard Field & Lab Services Rev. 1-19-16 P186 (ii) Ongoing: Planning reviews as described in subsection (i) above shall occur annually thereafter for the remainder of the contract, if applicable to the duration of the contract. c. QUALITY SYSTEMS AUDITS — The contractor and all subcontractors shall ensure that any required laboratory and field quality system audits are performed according to the respective Quality Manuals or other relevant internal quality assurance documents for each contracted and sub- contracted entity. The results of these audits shall be documented in the contractor's and subcontractors' records. Copies of the above audit reports or results shall be provided to the DEP contract manager upon request. Copies of audit records for internal audits conducted per DEP SOP FA 1000 (subpart FA 4200) or NELAC Quality Systems requirements (NELAC 2003, section 5.4.13) shall be similarly provided. d. STATEMENTS OF USABILITY — As a part of the audit process and the final report, the contractor shall provide statements about data usability as necessary to address the topics in subsections (i) — (iii) below, relative to the contract data quality objectives and any data quality indicators that may be specified in the contract, its attachments, the QA Plan (see section 9, below), or these QA Requirements. (1) All applicable data quality acceptance and usability criteria for the contract, as specified in the procedures, test methods, QA plan, Quality Manual(s), other contract attachments, or these QA Requirements shall be met. (ii) All quality control measures shall be evaluated according to the acceptance criteria listed in the applicable procedures, test methods, QA plan, Quality Manual(s), other contract attachments or these QA Requirements. (iii) All sample results shall be evaluated according to all applicable usability criteria specified in the procedures, test methods, QA plan, Quality Manual(s), other contract attachments, or these QA Requirements. 6. QA PLAN a. The contractor shall submit the contract QA plan identified in Attachment 3 to the DEP contract manager in accordance with the schedule set forth in Attachment 3 and prior to the commencement of field and laboratory activities. Failure to submit the QA plan in this required timeframe shall result in a delay of approval to begin work until the document has been submitted to the Department and approved (or conditionally approved) by the DEP contract manager. b. The contractor may submit a version of the QA plan to the Department for approval no more than three times. If the contractor fails to obtain approval for the QA Plan after the third (final) submission to the Department, the DEP contract manager may suspend or terminate the contract. c. The DEP contract agreement number shall appear on the title page of the submitted QA plan. Within 45 days or as specified in Attachment 3, of receipt of the QA plan by the Department, the Department shall review and either approve the QA plan or provide comments to the contractor as to why the QA plan is not approved. If further revisions are needed, the contractor shall then have 15 days or as specified in Attachment 3, from the receipt of review comments to respond. The Department shall respond to all revisions to the QA plan within 30 days, or as specified in Attachment 3 of receipt of any revisions. d. If the review of the QA plan by the Department is delayed beyond sixty (60) days after the QA plan is received by the Department, through no fault of the contractor, the contractor shall have the option, after the QA plan is approved, of requesting and receiving an extension in the term of the contract for a time period not to exceed the period of delayed review and approval. This option must be exercised at least sixty (60) days prior to the current termination date of the contract. e. Work may not begin for specific contract tasks until approval has been received by the contractor from the DEP contract manager. Sampling and analysis for the contract may not begin until the contract QA plan has been approved (or conditionally approved). Exhibit E, Page 5 of 6 DEP Quality Assurance Requirements for Contracts & Grants Standard Field & Lab Services Rev. 1-19-16 P187 f. Once approved, the contractor and subcontractor(s) shall follow the procedures and methods described in the contract QA plan and any other relevant quality assurance documents, including, but not limited to : ► Ensuring that all stated quality control measures are collected, analyzed and evaluated for acceptability; ► Using only the protocols approved in the QA plan; and ► Using only the equipment approved in the QA plan. g. If any significant changes in sampling project design, changes in the project analyte list, changes in procedures or test methods, changes in equipment, changes in subcontractor organizations or changes in key personnel occur, the contractor shall submit appropriate revisions of the QA Plan to the DEP contract manager for review. The proposed revisions may not be implemented until they have been approved (or conditionally approved) by the DEP contract manager. If the contractor fails to submit the required revisions, the DEP contract manager may suspend or terminate the contract. QA plan revisions or amendments shall be provided as one or more of the following, as described in Attachment 3: (i) Provided in a new contract QA plan; (ii) Provided as amended sections of the current contract QA plan; (iii) Documented through written or electronic correspondence with the DEP contract manager and incorporated into the approved contract QA plan by reference or other linkage. 7. DELIVERABLES a. The following lists the expected deliverables that are associated with the quality assurance requirements of this contract: (i) Reports of planning review audits as specified in item 5.b. above. (ii) Statements of usability as specified in item 5.d. above. (iii) Contract QA plan, per Section 6, above. 8. CONSEQUENCES a. Failure to comply with any requirement of this attachment (and any included addenda) may result in: (i) Immediate termination of the contract. (ii) Withheld payment for the affected activities. (iii) Contract suspension until the requirement(s) has been met. (iv) A request to refund already disbursed payments. (v) A request to redo work affected by the non-compliant activity. (vi) Other remedies available to the Department. Exhibit E, Page 6 of 6 DEP Quality Assurance Requirements for Contracts & Grants Standard Field & Lab Services Rev. 1-19-16 P188 r CONSENT ITEM INDIAN RIVER COUNTY MEMORANDUM TO: Jason E. Brown County Administrator THROUGH: Stan Boling, AICP Community Development Director FROM: Roland M. DeBlois, AICP Chief, Environmental Planning DATE: September 26, 2017 RE: Approval of State Sovereignty Submerged Lands Lease Renewal for the Jones's Pier Dock Facility It is requested that the Board of County Commissioners formally consider the following information at the Board's regular meeting of October 3, 2017. DESCRIPTION AND CONDITIONS In September 2008, the Board of County Commissioners purchased the historic Jones's Pier site on south Jungle Trail under the County's environmental lands program. The property includes a dock facility (portion of main dock and north dock) that extends over sovereign submerged lands of the Indian River Lagoon. Because the submerged lands are state sovereign lands, the County is required to maintain a sovereignty submerged lands lease with the State (Board of Trustees of the Internal Improvement Trust Fund). The Jones's Pier sovereignty submerged lands lease is up for renewal. To that end, attached is a copy of the lease renewal document for the Board's approval consideration. ANALYSIS In contrast with private submerged land leases, the Jones's Pier submerged land lease is a "fee waived" lease reflecting public ownership and use, such that there is no annual lease fee. Although there is no annual fee, there is a $648.00 renewal fee. Since the lease renewal is for a five year period, the next time a renewal fee will be required is in October 2022. FUNDING The $648.00 lease renewal fee is proposed to be paid from the environmental planning / code enforcement budget ("other professional services,"Account No. 00420724-033190). P189 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the attached sovereignty submerged lands fee waived lease renewal for the Jones's Pier dock facility, and authorize the Board Chairman to sign the lease on behalf of the County. ATTACHMENT: 1. Sovereignty Submerged Lands Fee Waived Lease Renewal (including attachments) M:\LAAC\JONES'S PIER\Submerged Lands Lease\Jones's Pier submerged land lease renew BCC item 10-3-17.doc 2 P190 This Instrument Prepared By: Tiana D. Brown Action No. 35133 Bureau of Public Land Administration 3900 Commonwealth Boulevard Mail Station No. 125 Tallahassee, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS FEE WAIVED LEASE RENEWAL BOT FILE NO. 310025634 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of the faithful and timely performance of and compliance with all terms and conditions stated herein, the Lessor does hereby lease to Indian River County, Florida, hereinafter referred to as the Lessee, the sovereignty lands described as follows: A parcel of sovereignty submerged land in Section 36, Township 31 South, Range 39 East, in Indian River, Indian River County, Florida, containing 1,646 square feet, more or less, as is more particularly described and shown on Attachment A, dated November 21, 2000. TO HAVE THE USE OF the hereinabove described premises from October 15, 2017, the effective date of this lease renewal, through October 15, 2022, the expiration date of this lease renewal. The terms and conditions on and for which this lease renewal is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to operate a 3 -slip public docking facility with a non - water dependent tool shed located within privately -owned lands to be used exclusively for temporary alongside mooring of recreational vessels for public visitors and for law enforcement and marine patrol vessels in conjunction with an upland public historical and recreational site, without fueling facilities, without a sewage pumpout facility, and without liveaboards as defined in paragraph 25, as shown and conditioned in Attachment A. All of the foregoing subject to the remaining conditions of this lease. [ 02-29 ] P191 2. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the permit(s) referenced in paragraph 1 of this lease. The Lessee shall not (i) change or add to the approved use of the leased premises as defined herein (e.g., from commercial to multi -family residential, from temporary mooring to rental of wet slips, from rental of wet slips to contractual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, from loading/offloading commercial to rental of wet slips, etc.); (ii) change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulatory permit; or (iii) change the type of use of the riparian uplands or as permitted by the Lessee's interest in the riparian upland property that is more particularly described in Attachment B without first obtaining a regulatory permit/modified permit, if applicable, the Lessor's written authorization in the form of a modified lease, the payment of additional fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authorization under the modified lease. If at any time during the lease term this lease no longer satisfies the requirements of subparagraph 18-21.011(1)(b)7., Florida Administrative Code, for a fee waived lease, the Lessee shall be required to pay an annual lease fee in accordance with Rule 18-21.011, Florida Administrative Code, and if applicable, remove any structures which may no longer qualify for authorization under this lease. 3. SUBMITTING ANNUAL CERTIFIED FINANCIAL RECORDS: Within 30 days after each anniversary of the effective date of this lease, the Lessee shall submit annual certified financial records of income and expenses to the State of Florida Department of Environmental Protection, Division of State Lands, Bureau of Public Land Administration, 3900 Commonwealth Blvd, MS 130, Tallahassee, FL 32399. "Income" is defined in subsection 18-21.003(31), Florida Administrative Code. The submitted financial records shall be certified by a certified public accountant. 4. EXAMINATION OF LESSEE'S RECORDS: The Lessor is hereby specifically authorized and empowered to examine, for the term of this lease including any renewals, plus three (3) additional years, at all reasonable hours, the books, records, contracts, and other documents confirming and pertaining to the computation of annual lease payments as specified in paragraph two (2) above. 5. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall maintain separate accounting records for: (i) gross revenue derived directly from the use of the leased premises, (ii) the gross revenue derived indirectly from the use of the leased premises, and (iii) all other gross revenue derived from the Lessee's operations on the riparian upland property. The Lessee shall secure, maintain and keep all records for the term of this lease and any renewals plus three (3) additional years. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease verification purposes by the Lessor . 6. PROPERTY RIGHTS: The Lessee shall make no claim of title or interest to said lands hereinbefore described by reason of the occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof, may be purchased, sold, or re -sold. 7. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term of this lease, the Lessee shall maintain satisfactory evidence of sufficient upland interest as required by paragraph 18-21.004(3)(b), Florida Administrative Code, in the riparian upland property that is more particularly described in Attachment B and by reference made a part hereof together with the riparian rights appurtenant thereto. If such interest is terminated or the Lessor determines that such interest did not exist on the effective date of this lease, this lease may be terminated at the option of the Lessor. If the Lessor terminates this lease, the Lessee agrees not to assert a claim or defense against the Lessor arising out of this lease. Prior to sale and/or termination of the Lessee's interest in the riparian upland property, the Lessee shall inform any potential buyer or transferee of the Lessee's interest in the riparian upland property and the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignment of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. Page 2 of 13 Pages Sovereignty Submerged Lands Lease No. 310025634 P192 8. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior written consent of the Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other transfer without prior written consent of the Lessor shall be null and void and without legal effect. 9. LIABILITY/INVESTIGATION OF ALL CLAIMS: The Lessee shall investigate all claims of every nature at its expense. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party and the officers, employees and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 10. NOTICES/COMPLIANCE/TERMINATION: The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns. In the event the Lessee fails or refuses to comply with the provisions and conditions herein set forth, or in the event the Lessee violates any of the provisions and conditions herein set forth, and the Lessee fails or refuses to comply with any of said provisions or conditions within twenty (20) days of receipt of the Lessor's notice to correct, this lease may be terminated by the Lessor upon thirty (30) days written notice to the Lessee. If canceled, all of the above-described parcel of land shall revert to the Lessor. All notices required to be given to the Lessee by this lease or applicable law or administrative rules shall be sufficient if sent by U.S. Mail to the following address: Indian River County, Florida 1801 27t' Street, Building A Vero Beach, Florida 32960-3388 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 11. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. 12. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly permit or suffer any nuisances or illegal operations of any kind on the leased premises. 13. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. No dock or pier shall be constructed in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 14. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. 15. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 16. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. Page 3 of 13 Pages Sovereignty Submerged Lands Lease No. 310025634 P193 17. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option of the Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. In the event that the Lessee is in full compliance with the terms of this lease, the Lessor will begin the renewal process. The term of any renewal granted by the Lessor shall commence on the last day of the previous lease term. In the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all structures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an affirmative covenant upon the Lessee's interest in the riparian upland property more particularly described in Attachment B , which shall run with the title to the Lessee's interest in said riparian upland property and shall be binding upon the Lessee and the Lessee's successors in title or successors in interest. 18. REMOVAL OF STRUCTURES/ADMINISTRATIVE FINES: If the Lessee does not remove said structures and equipment occupying and erected upon the leased premises after expiration or cancellation of this lease, such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and may sell such forfeited structures and equipment after ten (10) days written notice by certified mail addressed to the Lessee at the address specified in Paragraph 10 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to compel removal of all structures and the right to impose administrative fines. 19. REMOVAL COSTS/LIEN ON RIPARIAN UPLAND PROPERTY: Subject to the noticing provisions of Paragraph 18 of this lease, any costs incurred by the Lessor in removal of any structures and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the Lessee's interest in the riparian upland property that is more particularly described in Attachment B . This lien on the Lessee's interest in the riparian upland property shall be enforceable in summary proceedings as provided by law. 20. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian rights, Lessee agrees to either obtain written consent for the offending structure from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. 21. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlifts within the leased premises without formal modification of the lease provided that (a) the Lessee obtains any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the facility. 22. ADVERTISEMENT/SIGNS NON -WATER DEPENDENT ACTIVITIES/ADDITIONAL ACTIVITIES/MINOR STRUCTURAL REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased premises. No restaurant or dining activities are to occur within the leased premises. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures whose use is not water -dependent shall be erected or conducted over sovereignty submerged lands without prior written consent from the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent from the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative fines under Chapter 18-14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this agreement. Page 4 of 13 Pages Sovereignty Submerged Lands Lease No. 310025634 P194 23. USACE AUTHORIZATION: Prior to commencement of construction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (USACE) permit if it is required by the USACE. Any modifications to the construction and/or activities authorized herein that may be required by the USACE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 24. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee shall at all times comply with all Florida Statutes and all administrative rules promulgated thereunder. Any unlawful activity which occurs on the leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 25. LIVEABOARDS: The term "liveaboard" is defined as a vessel docked at the facility and inhabited by a person or persons for any five (5) consecutive days or a total of ten (10) days within a thirty (30) day period. If liveaboards are authorized by paragraph one (1) of this lease, in no event shall such "liveaboard" status exceed six (6) months within any twelve (12) month period, nor shall any such vessel constitute a legal or primary residence. 26. GAMBLING VESSELS: During the term of this lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entry onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels are engaged in "cruises to nowhere," where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft used to carry passengers to and from such gambling cruise ships. 28. SPECIAL LEASE CONDTION: Mooring at this docking facility is temporary and transient in nature and mooring between the hours of midnight and 5:00 a.m. is prohibited. This docking facility shall be made available to the general public on a first come, first served basis each day when this docking facility opens. Page 5 of 13 Pages Sovereignty Submerged Lands Lease No. 310025634 P195 IN WITNESS WHEREOF, the Lessor and the Lessee have executed this instrument on the day and year first above written. WITNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Original Signature (SEAL) Print/Type Name of Witness Original Signature Print/Type Name of Witness STATE OF FLORIDA COUNTY OF LEON BY: Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida "LESSOR" The foregoing instrument was acknowledged before me this day of , 20, by Cheryl C. McCall, Chief, Bureau of Public Land Administration, Division of State Lands, State of Florida Department of Environmental Protection, as agent for and on behalf of the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. She is personally known to me. APPROVED SUBJECT TO PROPER EXECUTION: 8/29/2017 DEP Attorney Date Page 6 of 13 Pages Sovereignty Submerged Lands Lease No. 310025634 Notary Public, State of Florida Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. P196 WITNESSES: Indian River County, Florida (SEAL) By its Board of County Commissioners BY: Original Signature Original Signature of Executing Authority Joseph E. Flescher Typed/Printed Name of Witness Typed/Printed Name of Executing Authority Chairman Original Signature Title of Executing Authority Typed/Printed Name of Witness STATE OF COUNTY OF "LESSEE" The foregoing instrument was acknowledged before me this day of , 20 , by Joseph E. Flescher as Chairman, for and on behalf of Board of County Commissioners of Indian River County, Florida. He is personally known to me or who has produced , as identification. My Commission Expires: Signature of Notary Public Notary Public, State of Commission/Serial No. Printed, Typed or Stamped Name Page 7 of 13 Pages Sovereignty Submerged Lands Lease No. 310025634 P197 Attachment A Page 8 of 13 Pages SSLL No. 310025634 Feather Palm Dr J I United States I -L Indian Kiver Co. Indian Kiver S Palm Island In 7770 Jungle TrI, Vero Beach, FL 32963 shores Dr Rarer Club Dr River Club Or Old Winter Reach Rd Pain) !stand Ln P198 d lualutiae W LEGAL DESCRIPTION AREA OF LEASE SITUATED IN THE STATE OF FLORIDA, COUNTY OF INDIAN RIVER AND BEING A PART OF THE SOUTH 33 ACRES OF GOVERNMENT LOTS 8 AND 9 SECTION 36, TOWNSHIP 31 SOUTH, RANGE 39 EAST AND BEING MORE PARTICULARLY DESCRIBED AND BOUNDED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 OF THE RIVERSIDE ESTATE SUBDIVISION AS RECORDED IN PLAT BOOK 5 PAGE 50 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THENCE N 87°36' 41" W A DISTANCE OF 158.27 FEET TO A POINT, SAID POINT BEING THE POINT OF BEGINNING; THENCE N 86°42'29" W A DISTANCE OF 10.00 FEET TO A POINT; THENCE N 3°17' 31" E A DISTANCE OF 151.50 FEET TO A POINT; THENCE ,S 86°42' 29" E A DISTANCE OF 16,00 FEET TO A POINT; THENCE S 3'17' 31 " W A DISTANCE OF 21.85 FEET TO A POINT; THENCE N 86°42' 29" W A . DISTANCE OF 6.00 FEET TO A POINT; THENCE S 3°17' 31" W A DISTANCE OF 129.65 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1646.10 SQUARE FEET MORE OR LESS: DANIEL W. TALBOTT V PROFESSIONAL SURVEYOR AND MAPPER 2115 14TH AVE. VERO BRACH FLORIDA 32980 (581) 569-8884 FAX (581) 584-2071 SHEET 2 OF 2 LEGAL DESCRIPTION FOR AREA OF LEASE LOCATED IN THE INDIAN RIVER LAGOON V) paaq rp 0 0 PD 415 96 ,k sl NOT TO SCALE INDIAN RIVER LAGOON co a LINE TABLE `x�', L-1 N 87.36'41 W 158.27' L-2 N 86.42'29" W 10.00' L-3 N 3.17'31" E 151.50' L-4 S 86.42' 49" E 16.00' L -5S3'17'31" W 21.85' L-6 N 88.42'29" W 6.00' L-7 S 3'17'31' W 129.65' POINT OP COMMENCXMINT RIVERSIDh PLAT BOG 3 ESTATES S D K 5 PAGE 5 5 MORNINGSIDE DRIVE THIS SKETCH IS NOT A SURVEY SHEET 1 OF 2 DANIEL W. TALBOT T V PROFESSIONAL SURVEYOR AND MAPPER 2115 14TH AVENUE VERO BEACH FLORIDA 32960 (561) 589-8884 FAX (561) 584-2071 SKETCH OF PROPERTY DESCRIPTION FOR AREA OF LEASE LOCATED IN THE INDIAN RIVER LAGOON EXHIBIT "A" FILE JONES LSO AATN 11/00 DRWN arCHRD BY LT D,7' 7 9 RiMiterd DANIEL 2: rAh OTT Yj6642 20 186'42.494 286.42'192286.42'192I1 660'0.11) ► 2W .1- \ #/ +2 \Ir3 U7/. t 8 1 `I% 11 r! L18 MOP1ED AKA RIPARIAN UK EISCIARAID 11 .4 30441 LIE TABLE 1'82 DOCK AREA LINE LENGTH BEARING L1 6930 N86'42'29'v L2 5450 303•17'31'V L3 550 146'42'29'V L4 - 5450 20717'31'0 1.5 13.30 NO6•42'29'V L6 6.60 503'17'31'V 1.7 1780 206'42'29'V L8 7140 503'17'31'V 1.9 680 1486•42'29•V 1.10 129.65 140317.31'E 1.11 680 S86'42'29'E 112 30.15 S03'17'31'0 L13 1110 386.42'29'E 1.14 902 540118'09'E 115 850 503'17.31•1.1 L16 13.50 086'42'29'0 117 4520 183'17'31'0 Lib 420 311642'29'E L19 4520 S0317.31'V L20 70.30 S86•42'29T 1.21 6.45 80317'31N Pt 1 RIVERSIDE ESTATES S/0 PLAT BOOK 5, PAGE 50 3 1 Attachment A 1948004 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2292 PG: 2170, 09/19/2008 03:52 PM DOC STAMPS D $47250.00 THIS INSTRUMENT PREPARE') BY AND RETURN TO: Asswance Title U.0 4700 NW Boca Raton Blvd 4 B -201 Boca Raton. Fl 33431 Property Appraisers Parcel Identification (Folio) Number: 31-39-36-00000-0080-00004.0 and 31-39-36-00000-0080-00005.0 SPACE ABOVE THIS LINE FOR RECORDING DATA WARRANTY DEED THIS WARRANTY DEED, made the 19th day of September, 2008 by Richard M. Jones, and Mary E. Jones, husband and wife, each as to an undivided one-half ('h) interest as tenants in common whose address is P. O. Box 94,Wabasso, Florida, 32970 herein called the Grantor, to Indian River County, a political subdivision of the state of Florida, whose post office address is 1840 25'" Street, Vero Beach, Florida 32970, hereinafter called the Grantee: (Wherever used herein the teens "Grantor" and "Grantee" include all the parties to this instrument and the heirs, legal representatives and assigns of individuals and the successors and assigns of corporations) W I T N E S SE T H: That the Grantor, for and in consideration of the sum of TEN AND 00/100'S ($10.00) Dollars and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confines unto the Grantee ail that certain land situate in INDIAN RIVER County, State of Florida, viz.: The North 16.5 acres of thi South 33 acres of Government Lots 8 and 9, Section 36, Township 31 South, Range 39 East, all lying and being in Indian River County, Florida. Less right of way for Jungle Trail survey baseline per maintenance map as recorded In Plat Book 9, page 40, Public Records of Indian River County, Florid. Subject to easements, restrictions and reservations of record and taxes for the year 2008 and thereafter. TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances, except taxes accruing subsequent to December 31, 2007. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. File No.: INDIANRI Attachment B Page 12 of 13 Pages SSLL No. 310025634 P202 BK: 2292 PG: 2171 Signed, ed and delivered in the presence of: ii Witness #rgnature CQ W'tness #1 Printed itness #2 Signature "Po,a,LA s. 0aktnrt— Wimess #2 Printed Name STATE OF FLORIDA COUNTY OF INDIAN RIVER 'NEN-1 -a.....7- Richard M. J nes as to one -half ( Y) interest by Jack C. Metz, as Attorney- in- Fact per Durable Power of Attorney dated 10/03/2007 Mary E. Jones as to one -half ( %) interest by Jackie Clayton Metz, as Attorney- in- Fact per Durable Power of Attorney dated 10/15/2007 The foregoing instrument was acknowledged before me this 19th day of September, 2008 by Richard M. Jones as to e -half ( 4) interest by r s Attorney- in- Fact per Durable Power of Attorney dated 10/03/2007 and • .r • ones as to one -half ( %) interest by Jackie Clayton Metz, as Attorney Fact per Durable Power of orney dated 10/15/2007 who is personally known to me or has produced , dentification. Notary Public NOTARY pUgLiC-STATS OF FLORIDA I, Frances DaSllva Printed Notary "�"4 Commission # DDS54961 My Commissions. Expires: 07/04/2010 File No.: INDIANRL Attachment B Page 13 of 13 Pages SSLL No. 310025634 P203 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Library Services CONSENT AGENDA Date: September 21, 2017 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator From: Anne Shepherd, Library Services Director Subject: Division of Library and Information Services State Aid Application/Agreement BACKGROUND: The Indian River County Board of County Commissioners applies each year to the Division of Library and Information Services for the annual Division of Library and Information Services State Aid grant. This agreement is part of the grant application process. ANALYSIS: The application is financial information only and requires no matching funds. The grant received for FY 2016/2017 was $97,005. Approval of the agreement will expedite the receipt of funds for Fiscal Year 2017-2018 with anticipated funds of $95,000. RECOMMENDATION: Staff respectfully requests that the Board authorize its Chairman to sign the agreement and return to the Library Services Director to be forwarded to the appropriate State Library staff. ATTACHMENT: (1) State Aid to Libraries Grant Agreement with the State of Florida, Deparatment of State, Division of Library and Information Services. (2) IRC Grant Form C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@940D9415\@BCL@940D9415.doc P204 STATE AID TO LIBRARIES GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND for and on behalf of This Agreement is by and between the State of Florida, Department of State, Division of Library and Information Services, hereinafter referred to as the "Division," and the for and on behalf of , hereinafter referred to as the "Grantee." The Grantee has submitted an application and has met all eligibility requirements and has been awarded a State Aid to Libraries Grant (CSFA 45.030) by the Division in the amount specified on the "Fiscal Year 2017-18 State Aid to Libraries Final Grants" document (which is incorporated as part of this Agreement and entitled Attachment B). The Division has the authority to administer this grant in accordance with Section 257, Florida Statutes. By reference, the application and any approved revisions are hereby made a part of this agreement. In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Grant Purpose.This grant shall be used exclusively for the "State Aid to Libraries Grant," the public purpose for which these funds were appropriated. a. The Grantee shall perform the following Scope of Work as identified in Section 257.17, Florida Statutes: Manage or coordinate free library service to the residents of its legal service area. The Grantee shall: 1. Have a single administrative head employed full time by the library's governing body; 2. Provide free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge; 3. Provide access to materials, information and services for all residents of the area served; and 4. Have at least one library, branch library or member library open 40 hours or more each week. b. The Grantee agrees to provide the following Deliverables related to the Scope of Work for payments to be awarded. Payment 1, Deliverable/Task 1: • Payment will be a fixed price in the amount of 100% of the grant award. The Grantee will: o Adopt or approve current year library budget; o Have at least one library, branch library or member library open 40 hours or more each week (excluding holidays) during the grantee's fiscal year; and o Adopt or approve the Annual Plan of Service for the grantee's fiscal year. State Aid to libraries Grant Agreenrnt (Form DLIS/SA02) Chapter IB-2.011(2Xa), Florida Administrative Code, Effective 07-2017. Page 1 of 15 P205 2. Length of Agreement. This Agreement shall begin the date the agreement is signed by both the Grantee's Governing Body and the Division and continue until all grant funds have been expended, unless terminated in accordance with the provisions of Section 28 of this Agreement. 3. Expenditure of Grant Funds. The Grantee cannot obligate or expend any grant funds before the Agreement has been signed by all parties. No costs incurred after termination of the Agreement shall be allowed unless specifically authorized by the Division. 4. Contract Administration. The parties are legally bound by the requirements of this agreement. Each party's contract manager, named below, will be responsible for monitoring its performance under this Agreement and will be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change. For the Division of Library and Information Services: Marian Deeney, Library Program Administrator Florida Department of State R.A. Gray Building Mail Station # 9D 500 South Bronough Street Tallahassee, Florida 32399-0250 Phone: 850.245.6620 Facsimile: 850.245.6643 Email: marian.deeney@dos.myflorida.com For the Grantee: Elizabeth Stenger, Project Manager , Florida Phone: 772.770.5060 Facsimile: Email: estenger@irclibrary.org 5. Grant Payments. The total grant award shall not exceed the amount specified on the "Fiscal Year 2017-18 State Aid to Libraries Final Grants" document (Attachment B), which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth by the terms and conditions of this Agreement. Payment will be a fixed price in the amount of 100% of the grant award as specified in Attachment B. Payment will be made in accordance with the completion of the Deliverables. 6. Electronic Payments. The Grantee can choose to use electronic funds transfer (EFT) to receive grant payments. All grantees wishing to receive their award through EFT must submit a Vendor Direct Deposit Authorization form (incorporated by reference) to the Florida Department of Financial Services. If EFT has already been set up for your organization, you do not need to submit another authorization form unless you have changed bank accounts. To download this form visit myfloridacfo.com/Division/AA/Forms/DFS-A1-26E.pdf. The form also includes tools and information that allow you to check on payments. State Aid to Libraries Grant Agreement (Form DLIS/SA02) Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 07-2017. Page 2 of 15 P206 7. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit flvendor.myfloridacfo.com/. A copy of the Grantee's Florida Substitute Form W-9 must be submitted by the Grantee to the Division with the executed Agreement. 8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes: Should the library fail to provide free library service to the public or to be open for at least 40 hours per week, it will no longer be eligible to receive State Aid to Libraries grant funding, and its funding will be reduced to zero. Payment will be withheld if Deliverables are not satisfactorily completed. 9. Credit Line(s) to Acknowledge Grant Funding. The Division requires public acknowledgement of State Aid to Libraries Grant funding for activities and publications supported by grant funds. Any announcements, information, press releases, publications, brochures, videos, web pages, programs, etc. created as part of a State Aid to Libraries Grant project must include an acknowledgment that State Aid to Libraries Grant funds were used to create them. Use the following text: "This project has been funded under the provisions of the State Aid to Libraries Grant program, which is administered by the Florida Department of State's Division of Library and Information Services." 10. Non -allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable project costs as outlined in the Depai tiuent of Financial Services' Reference Guide for State Expenditures (incorporated by reference), which are available online at myfloridacfo.com/aadir/reference_guide. Grant funds may not be used for the purchase or construction of a library building or library quarters 11. Travel Expenses. The Subgrantee must pay any travel expenses, from grant or local matching funds, in accordance to the provisions of Section 112.061, Florida Statutes 12. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, 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 state agency. Further, the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must 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. State Aid to Libraries Grant Agreement (FormDLIS/SA02) Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 07-2017. Page 3 of 15 P207 13. Repayment. All refunds or repayments to be made to the Department under this agreement are to be made payable to the order of "Department of State" and mailed directly to the following address: Florida Department of State, Attention: Marian Deeney, Division of Library and Information Services, 500 South Bronough Street, Mail Station #9D, Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of $15.00 or five percent (5%) of the face amount of the returned check or draft, whichever is greater. 14. Single Audit Act. Each grantee, other than a grantee that is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. See Attachment A for additional information regarding this requirement. If a Grantee is not required by law to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least $750,000 in state financial assistance, it must submit a Financial Report on its operations pursuant to Section 257.41(3), Florida Statutes within nine months of the close of its fiscal year. 15. Retention of Accounting Records. Financial records, supporting documents, statistical records and all other records, including electronic storage media pertinent to the Project, shall be retained for a period of five (5) fiscal years after the close out of the grant and release of the audit. If any litigation or audit is initiated or claim made before the expiration of the five-year period, the records shall be retained for five fiscal years after the litigation, audit or claim has been resolved. 16. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts. 17. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 18. Noncompliance. Any Grantee that is not following Florida Statutes or rules, the terms of the grant agreement, Florida Department of State policies and guidance, local policies, or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Information Services grants or grants from any other Office of Cultural, Historical, and Information Programs (OCHIP) Division will be in noncompliance status and subject to the OCHIP Grants Compliance Procedure. OCHIP Divisions include the Division of Cultural Affairs, the Division of Historical Resources, and the Division of Library and Information Services. Grant compliance issues must be resolved before a grant award agreement may be executed and before grant payments for any OCHIP grant may be released. State Aid to libraries Grant Agreement (FormDLIS/SA02) Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 07-2017. Page 4 of 15 P208 19. Accounting Requirements. The Grantee must maintain an accounting system that provides a complete record of the use of all grant funds as follows: a) The accounting system must be able to specifically identify and provide audit trails that trace the receipt, maintenance and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories that were approved in the grant application. If Grantee's accounting system accumulates data in a different format than the one in the grant application, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division; c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget; d) The name of the account(s) must include the grant award number; e) The Grantee's accounting records must have effective control over and accountability for all funds, property and other assets; and f) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre -audit and post -audit (such as invoices, bills and canceled checks). 20. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature. In the event that the state funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee beyond those amounts already expended prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 21. Lobbying. The Subgrantee will not use any grant funds for lobbying the state legislature, the state judicial branch or any state agency. 22. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 23. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will not be considered or permitted to be agents, servants, joint venturers or partners of the Division. State Aid to libraries Grant Agreement (FoimDLIS/SA02) Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 07-2017. Page 5 of 15 P209 24. Liability. The Division will not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor may the Grantee exclude liability for its own acts, omissions to act or negligence to the Division. a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees and subcontractors. The Grantee shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with this Section. b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity or increases the limits of its liability by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities, provided that such subcontract has been approved in writing by the Department prior to its execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 25. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Section 18, Noncompliance. 26. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement or against any applicant for employment because of race, color, religion, gender, national origin, age, handicap, pregnancy or marital status. The Grantee shall insert a similar provision in all of its subcontracts for services under this Agreement. 27. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments and/or will terminate this agreement if the Grantee improperly expends and manages grant funds; fails to prepare, preserve or surrender records required by this Agreement; or otherwise violates this Agreement. State Aid to libraries Grant Agreement (FormDLIS/SA02) Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 07-2017. Page 6 of 15 P210 28. Termination of Agreement. The Division will terminate or end this Agreement if the Grantee fails to fulfill its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter and shall give the Grantee fifteen (15) calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement prior to the notification of termination if the Division deems this reasonable under the circumstances. Grant funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty (30) days after termination of this Agreement. The Division does not waive any of its rights to additional damages if grant funds are returned under this Section. 29. Preservation of Remedies. No delay or omission to exercise any right, power or remedy accruing to either party upon breach or violation by either party under this Agreement shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default. 30. Non -Assignment of Agreement. The Grantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties and obligations of the Division to another governmental entity, pursuant to Section 20.06, Florida Statutes or otherwise, the rights, duties and obligations under this Agreement shall be transferred to the succeeding governmental agency as if it was the original party to this Agreement. 31. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant -assisted project in accordance with Section 287.057, Florida Statutes. a) Procurement of Goods and Services Not Exceeding $35,000. The Grantee must use the applicable procurement method described below: 1. Purchases Up to $2,500: Procurement of goods and services where individual purchases do not exceed $2,500 do not require competition and may be conducted at the Grantee's discretion. 2. Purchases or Contract Amounts Between $2,500 and $35,000: Goods and services costing between $2,500 and $35,000 require informal competition and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. b) Procurement of Goods and Services Exceeding $35,000. Goods and services costing over $35,000 may be procured by either Formal Invitation to Bid, Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. State Aid to Libraries Grant Agreement (Fonn DLIS/SA02) aapter 1B -2.011(2)(a), Florida Administrative Code, Effective 07-2017. Page 7 of 15 P211 32. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes. 33. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Library and Information Services. 34. Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 35. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. 36. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards of Sections 553.501-553.513, Florida Statutes and the Americans with Disabilities Act of 1990. 37. Governing Law. This Agreement shall be construed, performed and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. 38. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Florida Single Audit Act Requirements (Attachment A) c) Fiscal Year 2017-18 State Aid to Libraries Final Grants (Attachment B) State Aid to libraries Grant Agreement (Form DLIS/SA02) Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 07-2017. Page 8 of 15 P212 The Grantee hereby certifies that they have read this entire Agreement and will comply with all of its requirements. Date of Agreement: Grantee: Department of State: BY Chair of Governing Body or Chief Executive Officer Typed name and title Typed name and title Witness Clerk or Chief Financial Officer Typed name and title Date State Aid to libraries Grant Agreement (FormDLIS/SA02) Chapter I13 -2.011(2)(a), Florida Administrative Code, Effective 07-2017. Page 9 of 15 P213 ATTACHMENT A FEDERAL AND STATE OF FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200.501 Section 215.97, Florida Statutes, monitoring procedures may include, but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by 2 CFR 2 §200.425, and/or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED: This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR 200.90, 200.64 & 200.70 as revised. 1. In the event that the recipient expends $750,000 for fiscal years ending after December 31, 2014 or more during the non -Federal entity's fiscal year in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of 2CFR 200.501. Exhibit 1 to this agreement indicates Federal resources awarded through the Department of State. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR 200.502. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR 200.514, as revised, will meet the requirement of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508. 3. If the recipient expends less than $750,000 for fiscal years ending after December 31, 2014 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of 2 CFR 200.501 is not required. In the event that the recipient expends less than $750,000 for fiscal years ending after December 31, 2014 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200.501, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). (d) Exemption when Federal awards expended are less than $750,000. A non -Federal entity that expends less than $750,000 during the non -Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year, except as noted in 2 CFR §200.503 Relation to other audit requirements, but records must be available for State Aid to Libraries Grant Agreenxnt (FormDLIS/SA02) Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 07-2017. Page 10 of 15 P214 review or audit by appropriate officials of the Federal agency, pass-through entity, and Government Accountability Office (GAO). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. U.S. Government Printing Office www.ecfr.gov PART II: STATE FUNDED: This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2) (1),Florida Statutes 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending after June 30, 2016), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending after June 30, 2016), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year ending after June 30, 2016 and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) Jittp://www.fldfs.com/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) http://www.leg.state.fl.us/ State Aid to Libraries Grant Agreement (FormDLIS/SA02) Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 07-2017. Page 11 of 15 P215 PART III: REPORT SUBNIISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of State at each of the following addresses: Office of Inspector General Florida Department of State R. A. Gray Building, Room 114A 500 South Bronough St. Tallahassee, FL 32399-0250 B. The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 3. Any reports, management letter, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, as applicable. 4. Recipients, when submitting financial reporting packages to the Department of State for audits done State Aid to Libraries Grant Agreement (FonnDLIS/SA02) Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 07-2017. Page 12 of 15 P216 in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART IV: RECORD RETENTION 1. The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, CFO, or Auditor General upon request for a period of at least three years from the date the audit report is issued, unless extended in writing by the Department of State. State Aid to Libraries Giant Agreement (FormDLIS/SA02) Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 07-2017. Page 13 of 15 P217 EXHIBIT —1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not Applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not Applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not Applicable. SUBJECT TO SECTION 215.97, Florida Statutes: Florida Department of State, State Aid to Libraries; CSFA Number 45.030. Award Amount: See Attachment B. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The compliance requirements of this state project may be found in Part Four (State Project Compliance Requirements) of the State Projects Compliance Supplement located at https://apps,fldfs.com/fsaa/. State Aid to Libraries Grant Agreement (FormDLIS/SA02) Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 07-2017. Page 14 of 15 P218 ATTACHMENT B [Fiscal Year 2017-18 State Aid to Libraries Final Grants to be attached by the Division upon execution of the agreement] State Aid to libraries Grant Agreement (FormDLIS/SA02) Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective 07-2017. Page 15 of 15 P219 GRANT NAME: State Aid to Libraries GRANT # AMOUNT OF GRANT: $95,000.00 DEPARTMENT RECEIVING GRANT: IRC Libraries CONTACT PERSON: Anne Shepherd TELEPHONE: (772)770-5060 x4113 1. How long is the grant for? 2017/18 Starting Date: 10/1/17 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In -Kind services? Yes No 4. Percentage of match to grant 5. Grant match amount required S 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? Yes X No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? If yes, please list. (If additional space is needed, please attach a schedule.) Yes No Acct. Description Position Position Position Position Position 011.12 Regular Salaries $ Second Year $ $ $ 011.13 Other Salaries & Wages (PT) $ $ $ $ Fourth Year 012.11 Social Security $ $ Fifth Year $ $ 012.12 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ Signature of Preparer: Date: P220 Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: P220 8-L. Indian River County Board of County Commissioners CONSENT AGENDA General Services Department Library System 1800 27" Street, Vero Beach, Florida 32960 Telephone: 772-226-1223 Fax: 772-589-6119 MEMORANDUM Date: September 26, 2017 To: The Honorable Board of County Commission Thru: Michael C. Zito, Assistant County Administrator/ General Services Director From: Anne Shepherd, Library Services Director Subject: Library Services Request for Consideration to Update Circulation Limits DESCRIPTION The Indian River County Library System processes over 700,000 items annually. Currently, the circulation limits for books are very short - one to two weeks. The normal checkout time for most library materials statewide is 28 days. We would like to allow more check out time for the public to enjoy the materials and encourage patrons to check out more items. The benefit of the proposed changes would be that our citizens would have time to enjoy our materials at their leisure resulting in more items being checked out, and more family members using our materials. The benefit to elderly people is fewer trips to the Library and more time given to enjoy the materials. FUNDING No funding is required with this action RECOMMENDATION: Staff recommends the Board approve the revised Indian River County Library System's circulation limits policy adjusting the length of check out period and quantity of materials. ATTACHMENTS: Summary of Proposed Changes IRC Library System Policies & Procedures, Section I Policies — Proposed Circulation Matters C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@700E9E67\@BCL@700E9E67.doc P221 Indian River County Library Services Policies and Procedures (Approved on March 12, 2013) Section I Policies, Circulation Matters Proposed Changes to Circulation Limits Current Rules: Proposed Rules: Books: 2 weeks -3 renewals Books: 28 Days -2 renewals Audio Books: 2 weeks -3 renewals Audio Books: 28 Days -2 renewals Magazines -2 weeks Magazines -28 Days All books -limit of 20 All Books -limit of 50 Audio Books -5 Audio Books -5 (no change) DVD & CD -3 of each DVD & CD -5 of each September 26, 2017 P222 Card Holder's Statement of Responsibility: Borrower's must understand their responsibility as stated here (and as printed on each library application): "I understand when I receive my Indian River County Library System library card that I am responsible for following all library policies and procedures with regard to the borrowing and returning of library materials. I am responsible for all materials checked out of the library system on my library card and will pay all appropriate charges for lost or damaged materials and for materials returned after their due date. Failure to return library materials may also be in violation of local ordinances and could result in a misdemeanor charge being filed." Adults co-signing a minor's application are also subject to the above. Circulation Matters Circulation Procedures Library materials are available to be borrowed by persons who hold a valid library card for the following loan periods: Circulating books, magazines, and audiobooks „28 days Reference books (requires a deposit set at the Director's 24 hours discretion) All audiovisual materials (CD's, DVDs, etc.) 1 week Audiovisual Equipment 24 hours Number of Items Allowed: Circulation books Audiovisual materials Magazines ;50 per card ,_5 per format per. card 5 per card Circulating items may be renewed unless there is a reserve from another patron placed on the items. Patrons may renew online. Circulating items may be reserved. If the item (s) is not picked up ,within 7 days, a .25 charge will be assessed. Items may be reserved online. Items are considered overdue or late when they are returned one or more days following the due date. Fines will be charged and collected. Fines will be attached to the patron's card when late items are returned and fines unpaid. Page 9 Deleted: 2 weeks ( Deleted: 20 per card - Deleted: 3 per format per card Deleted: in the allotted time P223 Fines are: Books and magazines 25 cents per day Audiovisual items 50 cents per day Equipment $25.00 per day Fines will not exceed the cost of the item. Lost or damaged items are the responsibility of the borrower. Costs associated with replacing the items lost or damaged are determined by the replacement cost and any re- processing fees. (If the item is part of a set and the entire set must be re -purchased, than that is the replacement cost.) Emails are sent one day prior to the due date as a reminder. Emails are sent to inform patrons that their items are overdue at the 2 week mark and another email at one month. Then a bill is emailed at 6 months. Fines and other fees may change due to budgetary issues. Failure to Return Indian River County Property Failure to return county property could result in the negligent borrower being charged with a misdemeanor offense. Legal action could be taken by the Indian River County's County Attorney's Office. Interlibrary Loans The Indian River County Library System will make every reasonable effort to obtain for its users library materials that may be borrowed from other libraries. Users must have a valid library card in good standing in order to use the interlibrary loan service. The library system recognizes that interlibrary loan is a service that always requires the cooperation of another library and that the cooperating Library's policies and procedures must be followed. Requests are limited to 3 active requests at a time, no audiovisual materials are loaned by other libraries, and no items published in the current year are loaned by other libraries. If the lending library levies charges for postage, handling; or the copying of materials, that charge will be passed on to the borrower requesting the material. Lost or damaged materials will be charged to the user to reimburse the lending library. Failure to pay for overdue, lost, or damaged interlibrary loan materials will result in a "stop" on the patron's library card to discontinue future use. Page 10 P224 Date: To: Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES September 22, 2017 Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: John M. Boyer, P.E., Utilities Engineer Subject: Forest Park Water Main Extension: Approval of Blue Goose Construction Work Authorization No. 2017-008 DESCRIPTIONS AND CONDITIONS: On April 11, 2017, the Indian River County Board of County Commissioners (BCC) authorized the Indian River County Department of Utility Services (IRCDUS) to comply with the Florida Department of Environmental Protection's (FDEP) Consent Order 17-0072. As part of the compliance, IRCDUS planned to purchase an online total phosphorus monitoring instrument and a hand-held field oxidation reduction potential probe to assist the West Regional Wastewater Treatment Facility (WRWWTF) staff in adjusting the treatment process in response to influent loads. FDEP staff had initially indicated that the instrument and probe qualified as an "in-kind" offset to fines related to the Consent Order. However, when IRCDUS staff made the formal response to the Consent Order, the instrument and probe were rejected by FDEP. IRCDUS staff went back to FDEP to obtain the formal approval of an alternate in-kind project. The Forest Park water distribution system dates to the early 1970s and "dead -ends" at the north end of West Forest Trail. In the recent past, repairs to the system have required the main to be shut down, resulting in service interruptions and precautionary boil water notices for all 116 residents. In order to improve service to Forest Park customers, IRCDUS staff has designed an extension of the county's water system to connect the water mains in Forest Park to a county water main in the Vista Royale community. The proposed water main extension will improve water service to the residents by providing a second connection point and minimize the number of customers put out of service when repairs are made. This project will also provide an in-kind offset for FDEP Consent Order 17-0072 since it is an improvement to the water system that is not required for compliance and is not part of the capital improvement program. FDEP conducted a formal review and issued a letter stating that the project qualifies as an in- kind offset (Attachment 1). P225 Forest Park Water Main Extension Approval of Blue Goose Construction Work Authorization No. 2017-008 ANALYSIS: Staff has determined the most efficient and timely method to construct the subject water main is to utilize the IRCDUS labor contractor, Blue Goose Construction (BGC), and prepared a work authorization for the project (Attachment 2). A list of the anticipated labor and material quantities was prepared, and bid prices from the Blue Goose Construction contract was used to calculate the labor expense. The total material cost was based on unit prices derived from the Annual Contract for Utility Warehouse Stock. Construction costs are estimated as follows (Attachment 3): 1. Labor Expense (Blue Goose Construction): $ 74,920.78 2. Materials: $ 20,026.60 3. Permit Application Fees: $ 650.00 4. Survey Consultant Fees: $ 7,000.00 Total Project Budget: $102,597.38 FUNDING: Funding for this project is derived from the capital budget in the operating fund. The operating fund budget is derived from water and sewer sales. ACCOUNT NAME ACCOUNT NUMBER AMOUNT Forest Park 6" Water Main Extension 471-169000-17538 $110,000.00 RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Blue Goose Construction Work Authorization No. 2017-008 and authorize staff to purchase materials to construct the Forest Park 6" Water Main Extension. ATTACHMENT(s): 1. FDEP In -Kind Approval Letter 2. BGC Work Authorization No. 2017-008 3. Cost Estimate — Labor & Material 4. Exhibit—Proposed Water Main C:\Users\legistar\AppData\Loca I\Temp\BCL Technologies\easyPDF 8\@BCL@400E0CD1\@ BCL@400E0CD1.docx P226 July 27, 2017 Florida Department of Environmental Protection Southeast District 3301 Gun Club Road, MSC 7210-1 West Palm Beach, FL 33406 (561) 681-6600 Vincent Burke, P.E., Utilities Director Indian River County Utilities Department 1801 27th Street Vero Beach, FL 32960 vburke(a,ircgov.com Re: Second In -Kind Project Proposal IRCUD/West Regional WTF DW - Facility ID No. FL0041637 Indian River County Dear Mr. Burke: Rick Scott Governor Carlos Lopez-Cantera Lt. Governor Noah Valenstein Secretary On July 11, 2017, the Department received the timely submittal of the Indian River County Utilities West Regional WWTF's Second In -Kind Project Proposal, in association with Consent Order, OGC File No. 17- 0072. The Proposal, as submitted to the Department, was reviewed and determined to qualify as an acceptable In -Kind Project. This document serves as official notice of the Department's approval. Please be aware that within 180 days of obtaining Department approval for the In -Kind Proposal, the entire In -Kind project shall be complete. Please address any questions or concerns to Jeff Christian at 561.681.6616 or via e-mail address at ieff.christian(a,dep.state.fl.us. Thank you for your cooperation toward resolving this matter. Sincerely, 14~0 - John Renfranz, Environmental Manager Southeast District �cl JR/jc ec: Eric Charest, Environmental Compliance Specialist, IRCUD, echarestaircgov.com John Renfranz, Environmental Manager, DEP/WPB, John.Renfranz@dep.state.fl.us Jeff Christian, Environmental Specialist, DEP/WPB, ieff.christiana,dep.state.fl.us P227 ATTACHMENT 3 WORK AUTHORIZATION DIRECTIVE No. 2017-008 Forest Park 6" Water Main Extension BLUE GOOSE CONSTRUCTION DATE OF ISSUANCE: September 21, 2017 EFFECTIVE DATE: October 3, 2017 OWNER: Indian River County CONTRACTOR: Blue Goose Construction CONTRACT: WATER, SEWER AND RECLAIM WATER. LINE REPLACEMENT / EXTENSIONS AND MISCELLANEOUS LABOR. CONTRACT, BID NO.2015001, AWARDED October 3, 2014 PROJECT: Forest Park — 6" Water Main Extension COUNTY UTILITY PROJECT NO.: UCP #N/A CONTRACTOR'S PROJECT NO.: J COUNTY WIP. No. 471-169000-17538 You are directed' to proceed promptly with the following work: Construct new water main to connect the north end of the Forest Park water system with the Vista Royale water system. Method of determining Contract Price: - ❑ Unit Prices: Bid Items as established pursuant to Bid No: 2015001, and awarded blithe Board of County Commissioners on September 9, 2014 to Blue Goose Construction, Inc. ❑ Lump Sum ❑. Cost of the Work The Cost of Labor, Contingency and Contract Time is summarized below: Labor Cost (rounded) = $ 74,920.78 Estimated 90 days from NTP Contract Time: ACCEPTED: By: RECOM 1 ED: Blue Goose Construction Labor Contractor Date: 91' /'7 APPROVED. --- -- By: Jo n M. Boyer, P.E. COUNTY, CHAIRMAN Utilities Engineer Joseph E. Flescher Date: e/(-277( Date: F:1tltilities\UTILITY - Engineering\Projects - Utility Construction Permits IRC - Vista Royale Forest Parc WM\Agenda Item\Work Authorization No. 2017-008.doc P228 Indian River County Department of Utilities CONSTRUCTION BUDGET- Labor Contract & Direct Purchase Protect: Forest Park - 6" Water Main Extension By: John M. Boyer, P.E. ATTACHMENT 3 Date: September 21, 2017 LABOR COSTS MATERIAL COSTS (IRC Direct Purchase) Bid Item No. Bid Item Description Estimated Quantity Unit of Measure Labor Unit Price Total Labor Price Material Unit Price Total Material Price Olc Install 6" PVC Water Main 695 LF $6.00 $4,170.00 $4.00 $2,780.00 07b Install 6" HDPE Horizontal Directional Drill (SDR -11) including fusion of MJ adaptors 530 LF $38.85 $20,590.50 56.00 " $3,180.00 16a Install 6x6" Wet Tap with 6" Gate Valve 1 Ea $900.00 5900.00 51,200.00 $1,200.00 16a Install 4x4" Wet Tap with 4" Gate Valve 1 Ea $900.00 $900.00 $800.00 $800.00 9 Install M1 Fittings 0.75 ton - $4,100.00 $3,075.00 $4,100.00 $3,075.00 23 Test Holes / Potholes 35 EA 5250.00 $8,750.00 N/C $0.00 28 Install Temporary Jumper 1 EA $500.00 $500.00 $449.50 5449.50 29b Fill, Pressure Test, Chlorinate, & Flush WM 1,280 LF 51.50 $1,920.00 N/C 50.00 30b Install & Remove Sample Point 3 EA $275.00 $825.00 $440.50 $1,321.50 30c Take & Test Bacterialogical Sample 6 EA $150.00 $900.00 N/C $0.00 65 Saw Cut, Remove and Dispose of Asphalt 50 Ton 530.00 $1,500.00 N/C $0.00 67a Install Asphalt Cement Pavement Replacement over full trench width including Base and Sub -Grade Compacted 50 Ton $45.00 $2,250.00 $80.00 $4,000.00 82 Clear and Grub 1,600 SY $5.00 $8,000.00 N/C $0.00 84 Load and Haul Debris to Landfill 20 ton 525.00 $500.00 N/C $0.00 86a Lawn Restoration (Topsoil & Sod) Includes Watering 150 SY $2.25 $337.50 $4.00 $600.00 86b Lawn Restoration (Seed and Mulch) includes Watering 1,600 SY $0.50 $800.00 $0.50 $800.00 88a Well Point Dewatering Set Up, Tier Depth up to 25', (Minimum 30' X 30' Work Area) 1 LS $3,500.00 $3,500.00 N/C $0.00 88b Well Point Dewatering, Additional Points Needed for Larger Area or Linear Work 100 EA 525.00 $2,500.00 N/C $0.00 91 Mobilization, Demobilization, MOT (based on 10% Labor Cost): 1 LS $6,191.80 $6,191.80 N/C $0.00 Subtotals: Labor: 568,109.80 Material: 518,206.00 Contingency: 10% $6,810.98 1056 $1,820.60 Totals: Labor: $74,920.78 Material: 520,026.60 TOTAL CONSTRUCTION COST: 594,947.38 FDEP PERMIT FEE: $650.00 Construction Stake -out Survey: $3,500.00 Eng. Design (by Staff): $0.00 As -Built Survey & Easement Sketch: $3,500.00 TOTAL PROJECT BUDGET: 5102,597.38 ATTACHMENT P229 Indian River County Utility Department Attachment 4 •., { • r •r 414 w 041 • *{.r►� •►1 �• •I`h ••, •, 11., •P" 4 :* ♦♦ *:. 4. r 11t • +`r tit -11 s•r a_+ s ►•►r e � feat w r '+ eft • • •Ia •e w I a • aV r 1r {r i'_r r • 'n. AyrMSs r ivi, * s s • r It tit w • r II 111 s � it al it �i a. ft V 11 Oft • r Future Connection Point Proposed Water Main Current Connection Point June 30, 2017 Street1ntersections L 1 Municipal Boundaries wNetworkStructure ED EnclosedStorageFacility ProductionWell U PumpStation OOP TreatmentPlant 1:8,533 0 0.05 0.1 0.2 mi i ', r . 1 1 i '. 1 0 0.1 0.2 0.4 km IRCGIS Indian Raver County Utility Department, 2016 IRCGIS IRC 2015 P230 Date: To: Consent Agenda Item INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES September 20, 2017 Jason E. Brown, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: John M. Boyer, P.E., Utilities Engineer Subject: Collier Creek Estates Subdivision (Utility Phases 1, la, lb, and 2) and Harbor Point Subdivision (Utility Phase 3) Petition Water Assessment Project — Bidding Status: Bid No. 2017-067 Background On March 14, 2017, the Indian River County Board of County Commissioners (BCC) adopted Resolution 111 confirming the special assessments in connection with the water main extension for Collier Creek Estates Utility Phases 1, la, and 1b. Subsequently, on June 13, 2017, the BCC adopted Resolution III for Collier Creek Estates Utility Phase 2 and Harbor Point Utility Phase 3, and directed staff to combine all phases into one bid package and advertise for bids. The project was advertised on July 12, 2017, and bids were opened August 16, 2017. ANALYSIS: The combined water assessment project, including Collier Creek Utility Phases 1, la, 1b, and 2 as well as Harbor Point Phase 3, includes 201 benefitting owners with an estimated project cost of $1,256,250.00. Three (3) contractors submitted a bid proposal: Bidder Location Total Bid Amount* Increase over Budget Timothy Rose Contracting, Inc. Vero Beach, Florida $1,291,717.40 2.8% Blue Goose Construction, LLC Ft. Pierce, Florida $1,352,122.25 7.6% Felix Associates of Florida, Inc. Stuart, Florida $1,409,755.00 12% *Total bid amount includes a $75,000.00 force account. The lowest responsive, responsible bidder, Timothy Rose Contracting, Inc., has completed various construction projects for the county and has consistently performed in a satisfactory manner. FUNDING: Funds for the project will be derived from the Assessment Fund. Assessment Fund revenues are generated from connection fees paid by the benefitting property owners available in the Utilities Assessment Fund account. P231 Collier Creek Estates Subdivision (Utility Phases 1, la, lb, & 2) and Harbor Point Subdivision (Utility Phase 3) Petition Water Assessment Project Bidding Status: Bid No. 2017-067 Description Account Number Amount Collier Creek Water Assessment 473-169000-16515 $1,291,717.40 RECOMMENDATION: Staff recommends that the Indian River County Board of County Commissioners award the project to Timothy Rose Contracting, Inc., in the amount of $1,291,717.40 and approve the attached sample agreement. ATTACH M ENT(s): 1. Sample Agreement C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@680E8327\@BCL@680E8327.docx Page 2 of 2 P232 SECTION 00530 — EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE Collier Creek Estates Phases 1, 1A, 1B, 2 and Harbor Point Phase 3 Water Assessment Project [DRAFT] THIS AGREEMENT ("Agreement" or "Contract"), dated the day of in the year 2017 by and between Indian River County, a political subdivision 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 as an independent contractor and not as an employee shall furnish and complete all of the necessary labor, material, and equipment to perform the work as specified or indicated in the Contract Documents and per FDEP, FDOT, County Utilities Department (IRCDUS) and County Engineering Department standards. The work is generally described as follows: IRCDUS proposes to construct a new 8" and 6" water system to serve 201 lots in the Collier Creek Estates Phases 1, 1A, 1B, 2 and Harbor Point Phase 3 Subdivisions. The facilities shall include about 7730 feet of 8" PVC pipe, 4625 feet of 6" PVC pipe, 2340 feet of 4" PVC pipe, and 14 fire hydrants on Easy Street, Holden Avenue, Charles Avenue, Becker Avenue, Chello Avenue, Fleming Street, Barbara Court, Arega Street, Hunt Court, and Harbor Point Drive. The construction of the utility improvements described above shall also consist of, but not limited to: resetting of signs, mailboxes, and other existing facilities disturbed during construction; utilities exploration; coordination with any permitting agencies; trenching; clearing and tree removal; dewatering; installation of pipe, structures and all appurtenances; soil backfill compaction; testing; exfiltration testing; backfill and subgrade testing; road, landscape and driveway restoration; regrading and grassing (sod); and traffic control. All right —of -way shall be restored to like or better condition including sidewalks and drainage. No excavation shall be left open when work is not actively being performed. Construction fencing used in the work area shall not block sight distance near intersections or driveways. All construction equipment and materials shall be stored a minimum of 15 feet from the edge of pavement and shall be protected by Type II barricades with flashing yellow lights. CONTRACTOR shall submit a Traffic Control Plan to the County Traffic Engineering Division a minimum of 72 hours prior to construction and notify the Traffic Engineering Division a minimum of 24 hours before any lane closures. A temporary access plan shall be provided indicating how local traffic will be maintained if the existing road is removed and reconstructed. Stand mounted Advance Construction signing shall be installed in accordance with FDOT Index 602. One lane closures shall be in accordance with FDOT Index 603. When any work encroaches the area between the centerline and two (2) feet outside the edge of pavement, traffic shall be restricted to a single lane. 00530-1 Addendum 1 P233 DRAFT ARTICLE 2 ENGINEER The Collier Creek Estates Phases 1, 1 A,1 B, 2 and Harbor Point Phase 3 Water Assessment project has been designed by John Boyer, P.E., hereinafter called ENGINEER, and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the work in accordance with the Contract Documents. ARTICLE 3 CONTRACT TIME 3.1 The CONTRACTOR shall be substantially completed with the following timeframe (a) Within 30 calendar days from effective date of Notice to Proceed, CONTRACTOR shall complete the following tasks: 1. Obtain all necessary permits. 2. Receive approved shop drawings for all materials and equipment to be utilized on the job. 3. Perform all photographic recording and documentation of conditions prior to construction. 4. Locate all existing utilities in the area of work. 5. Submit and secure approval of shop drawings. 6. Mobilize all labor, equipment, and materials. 7. Deliver and store all equipment and materials to the job site. 8. Notify all utilities and other affected parties prior to initiating construction. (b) From 31 calendar days to 210 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Install all pipe and appurtenant items. 2. Perform all testing. 3. Restore all disturbed areas to their pre -construction condition. 4. Correct all deficiencies noted by Engineer. Completion of all tasks outlined above (i.e., Subparagraphs a) and b) constitutes Substantial Completion. (c) From 211 calendar days to 240 calendar days from the effective date of Notice to Proceed, the CONTRACTOR shall complete the following tasks: 1. Clean up project area. 2. Remove all equipment and material from project site. 3. Perform contract closeout procedures. 3.2 Completion of all tasks outlined above (i.e., Subparagraphs a, b, and c) constitute Final Completion. 3.3 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of 00530-2 Addendum 1 P234 [DRAFT this Agreement and that OWNER will suffer financial loss if the work is not completed within the times specified in Paragraphs 3.1 and 3.2 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.1 for Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER four -hundred and fifty dollars ($450.00) for each day that expires after the time specified in Paragraph 3.2 for Final Completion and readiness for final payment. 3.3.1 The CONTRACTOR and OWNER agree that OWNER is authorized to deduct all or any portion of the above -stated liquidated damages due to the Owner from payments due to the Contractor; or, in the alternative, all or any portion of the above -stated liquidated damages may be collected from the CONTRACTOR or its surety or sureties. These provisions for liquidated damages shall not prevent the OWNER, in case of the CONTRACTOR's default, from terminating the CONTRACTOR's right to proceed as provided in this AGREEMENT. 3.3.2 In addition to the above -stated liquidated damages, the CONTRACTOR shall be responsible for reimbursing OWNER for third party consultants in administering the Project beyond the Substantial Completion date specified in this Agreement, or beyond an approved extension of time granted to CONTRACTOR, whichever date is later. ARTICLE 4 CONTRACT PRICE 4.1 OWNER shall pay CONTRACTOR for completion of the work in accordance with the Contract Documents in current funds in the amount of $ ARTICLE 5 PAYMENT PROCEDURES 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. 5.1 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 ET. seq. The OWNER shall retain ten percent (10%) of the payment amounts due to the CONTRACTOR until fifty percent (50%) completion of the work. After fifty percent (50%) completion of the work is attained as certified to OWNER by ENGINEER in writing, OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. Pursuant to Florida Statutes section 218.735(8) (b), fifty percent (50%) completion means the point at which the County as OWNER has expended fifty percent (50%) of the total cost of the construction services work purchased under the Contract Documents, together with all costs 00530-3 Addendum 1 P235 DRAFT associated with existing change orders and other additions or modifications to the construction services work provided under the Contract Documents. 5.2 Pay Requests. Each request for a progress payment shall be submitted on the application for payment form supplied by OWNER and the application for payment shall contain the CONTRACTOR's certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. After fifty percent (50%) completion, and pursuant to Florida Statutes section 218.735(8)(d), the CONTRACTOR may submit a pay request to the County as OWNER for up to one half (1/2) of the retainage held by the County as OWNER, and the County as OWNER shall promptly make payment to the CONTRACTOR unless such amounts are the subject of a good faith dispute; the subject of a claim pursuant to Florida Statutes section 255.05(2005); or otherwise the subject of a claim or demand by the County as OWNER or the CONTRACTOR. The CONTRACTOR acknowledges that where such retainage is attributable to the labor, services, or materials supplied by one or more subcontractors or suppliers, the CONTRACTOR shall timely remit payment of such retainage to those subcontractors and suppliers. Pursuant to Florida Statutes section 218.735(8) (c) (2016), CONTRACTOR further acknowledges and agrees that: 1) the County as OWNER shall receive immediate written notice of all decisions made by CONTRACTOR to withhold retainage on any subcontractor at greater than five percent (5%) after fifty percent (50%) completion; and 2) CONTRACTOR will not seek release from the County as OWNER of the withheld retainage until the final pay request. 5.3 Paragraphs 5.1 and 5.2 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.4 ACCEPTANCE AND FINAL PAYMENT: Upon receipt of written notice that the work is ready for final inspection and acceptance, the ENGINEER will promptly make such inspection and when the ENGINEER finds the work acceptable under the terms of the Contract and the Contract fully performed, the ENGINEER will promptly issue a final completion certificate stating that the work provided for in this Contract has been completed, and acceptance by the OWNER under the terms and the conditions thereof is recommended and the entire balance found to be due the CONTRACTOR, will be paid to the CONTRACTOR by the OWNER following County Commission approval of the final Contract payment. 5.5 Acceptance of Final Payment as Release. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Payment and Performance Bonds. ARTICLE 6 INTEREST 00530-4 Addendum 1 P236 [DRAFT] Not Applicable. ARTICLE 7 CONTRACTOR'S REPRESENTATIONS In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the work. 7.2 CONTRACTOR has studied carefully all reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions, and accepts the determination set forth in Paragraph SC -4.02 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. 7.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests, reports and studies (in addition to or to supplement those referred to in Paragraph 7.2 above) which pertain to the subsurface or physical conditions at or contiguous to the site or otherwise may affect the cost, progress, performance or furnishing of the work as CONTRACTOR considers necessary for the performance of furnishing of the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.02 of the General Conditions; and no additional examinations, investigations, explorations, tests, reports, studies or similar information or data are or will be required by CONTRACTOR for such purposes. 7.4 CONTRACTOR has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing underground facilities at or contiguous to the site and assumes responsibility for the accurate location of said underground facilities. No additional examinations, investigations, explorations, tests, reports, studies or similar information or data in respect of said underground facilities are or will be required by CONTRACTOR in order to perform and furnish the work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of Paragraph 4.04 of the General Conditions. 7.5 CONTRACTOR has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. 7.6 CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. ARTICLE 8 CONTRACT DOCUMENTS. 00530-5 Addendum 1 P237 DRAFT D The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the work consist of the following: 8.1 This Agreement (Section 00530). 8.2 Public Construction Bond (Section 00600). 8.3 Notice of Award and Notice to Proceed (examples in Section 00800). 8.4 General Conditions (Section 00700). 8.5 Supplementary Conditions of Construction Contract (Section 00800). Documents/Specifications bearing the title "Collier Creek Estates Phases 1, 1A, 1B, 2 and Harbor Point Phase 3 Water Assessment Project / Bid No. 2017067" 8.6 Addenda numbers to , inclusive. 8.7 CONTRACTOR'S Bid Form (Section 00310). 8.8 Specifications bearing the title "IRCDUS Water and Wastewater Utility Standards, December 2015", or the latest version thereof & DIVISION 11 TECHNICAL SPECIFICATIONS. 8.9 The following, which may be delivered or issued after the effective date of the Agreement and are not attached hereto: All written amendments and other documents amending, modifying, or supplementing the Contract Documents pursuant to Paragraphs 3.04 of the General Conditions. There are no Contract Documents other than those listed above in this Article 8. The Contract Documents may only be amended, modified or supplemented as provided in Paragraphs 3.04 of the General Conditions. ARTICLE 9 MISCELLANEOUS 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 It is agreed that the CONTRACTOR shall not assign, transfer, convey, or otherwise dispose of the contract or its right, title, or interest in or to the same or any part thereof, or allow legal action to be brought in its name for the benefit of others, without previous consent of the OWNER and concurred to by the sureties. Any attempted assignment shall be void and may, at the option of the OWNER be deemed an event of default hereunder. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the OWNER who may be a party hereto. 9.3 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 of all covenants, agreements and obligations contained in the Contract Documents. 9.4 The CONTRACTOR shall be properly licensed to practice its trade or trades which are involved in the completion of this Agreement and the work thereunder. 9.5 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. 00530-6 Addendum 1 P238 [DRAFT] 9.6 The CONTRACTOR shall indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable 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 construction contract. 9.7 Pledge of Credit. The CONTRACTOR shall not pledge the OWNER'S credit or make it a guarantor of payment or surety for any agreement, debt, obligation, judgment, lien or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation of indebtedness that would impair its ability to fulfill the terms of this Agreement. 9.8. Counterparts. This Agreement may be executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement. 9.9. Public Records. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the County to perform the service. B. Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. D. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecordsa.ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 F. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 00530-7 Addendum 1 P239 DRAFT This Agreement will be effective on , 2017 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Joseph E. Flescher, Chairman (Contractor) By: (CORPORATE SEAL) 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: Attest Address for giving notices: License No. (Where applicable) Clerk of Court and Comptroller (SEAL) Agent for service of process: Designated Representative: Name: Designated Representative: Title: Name: Contact Info: Title: 00530-8 Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Addendum 1 P240 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: September 25, 2017 Subject: Miscellaneous Budget Amendment 024 Description and Conditions 1. On September 19, 2017 the Board of County Commissioners approved allocating the Sheriffs Office up to $500,000 to cover the emergency overtime that was incurred due to Hurricane Irma. Exhibit "A" appropriates funding from General Fund/Cash Forward Oct 1St 2. On May 16, 2017 the Board of County Commissioners approved a request for authorization to submit a FY 2017 grant application for 49 USC Ch.53, Section 5307 Mass Transit Capital and Operating Assistance. Per the authority of the Governor of Florida, Indian River County's portion of the 5307 grant is $2,346,107. Exhibit "A" appropriates these grant funds. 3. On September 19, 2017 the Board of County Commissioners approved the Sheriffs request for $19,300 from the Criminal and Sex Offender Registrant Fee account for purchase of software and office supplies. Exhibit "A" appropriates this funding. 4. On July 18, 2017 the Board of County Commissioners approved the Purchase Agreement for the property located at 1919-1931 US Highway 1 Sebastian, FL 32958 to be used for the relocation of the Indian River North County Offices. Exhibit "A" appropriates funding in the amount of $570,000 from Impact Fees/Cash Forward Oct 1St and $2,480,000 from Optional Sales Tax/Cash Forward Oct 1St 5. Because the Solid Waste Disposal District Annual Financial Assurance Report was received after the FY 2016-17 budget was submitted, an additional $500,000 is needed to fund Landfill Closure Costs. Exhibit "A" appropriates this funding from SWDD/Cash Forward Oct 1St P241 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. INDIAN RIVER COUNTY, FLORIDA Attest: Jeffrey R. Smith Board of County Commissioners Clerk of Court and Comptroller By By Deputy Clerk Joseph E. Flescher, Chairman BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY P242 Resolution No. 2017 - Budget Office Approval: Exhibit "A" Michael Smykowski, Budget Director Budget Amendment: 024 Entry Number Fund/ Department/Account Name Account Number Increase Decrease 1. Revenue General Fund/Non-Revenue/Cash Forward Oct 1st 001039-389040 $500,000 $0 Expense General Fund/Sheriff/Law Enforcement 00160086-099040 $500,000 $0 2. Revenue General Fund/Intergovernmental/FTA Section 5307 -Senior Resource Association 001033-331410 $2,346,107 $0 Expense General Fund/Agencies/Senior Resource Association 00111041-088230-54001 $2,346,107 $0 3. Revenue General Fund/Service Charges/Sheriff-Sex Offender Registration Fees 001034-341521 $19,300 $0 Expense General Fund/Sheriff/Law Enforcement 00160086-099040 $19,300 $0 4. Revenue Impact Fees/Non-Revenue/Cash Forward Oct 1st 103039-389040 $570,000 $0 Optional Sales Tax/Non-Revenue/Cash Forward Oct 1st 315039-389040 $2,480,000 $0 Expense Impact Fees/Facilities Management/North County Offices Expansion 10322019-066510-17018 $570,000 $0 Optional Sales Tax/Facilities Management/North County Offices Expansion 31522019-066510-17018 $2,480,000 $0 5. Revenue SWDD/Non-Revenue/Cash Forward Oct 1st 411039-389040 $500,000 $0 Expense SWDD/Landfill/Landfill Closure Costs 41121734-036880 $500,000 $0 1 of 1 P243 16 A-1 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director FROM: John W. McCoy, AICP; Chief, Current Development DATE: September 22, 2017 SUBJECT: Consideration of a Proposed Land Development Regulation Amendment to Chapter 904 (Nonconformities) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 3, 2017. BACKGROUND At its meeting of July 11, 2017, the Board of County Commissioners (BCC) directed staff to draft an amendment to the Nonconformities Ordinance (Chapter 904) to allow non -conforming accessory structure additions to non -conforming structures under certain circumstances (see attachment #2). BCC discussion related to an appeal of a variance request by Hal & Martha McAdams which was denied by the Planning & Zoning Commission consistent with staffs recommendation for denial (see attachment #1). During that discussion, staff presented an alternative for a narrowly focused code change that would allow the addition of an accessory structure to a legally established nonconforming single-family home whereby, under certain circumstances, the addition could use the same setbacks as the non -conforming home. Under the current code, additions to non -conforming structures are allowed provided the addition is completely conforming with the current land development regulations (LDRs). Thus, a building addition meeting the setback and all other zoning criteria could be added to a non -conforming structure. Presently, the nonconformities criteria prohibit any addition that would expand the degree of non- conformity. If adopted, the proposed amendment (see attachment #5) will allow for accessory structure additions to single-family homes made non -conforming by a County -initiated rezoning actions to be located using the same setback as the non -conforming home. PZC ACTION At its August 24, 2017 meeting, the PZC conducted a public hearing and considered the proposed ordinance. The PZC voted 4-0 to recommend that the BCC adopt the proposed ordinance (see attachment #3). The BCC is now to conduct a public hearing, consider the proposed ordinance, and approve, approve with modifications, or deny the proposed ordinance. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@080E552D\@BCL@080E552D.docx 1 P244 ANALYSIS A nonconforming structure, as provided for in the County's LDRs, is a structure that does not meet some aspect of the current land development regulations, as opposed to a conforming structure which does meet applicable LDR criteria. For single-family homes, typical non -conformities involve lot dimensions or setbacks smaller than current requirements. Non -conformities regulations, found in LDR Chapter 904, generally allow non -conformities to continue but not to be expanded. The proposed amendment will allow a narrowly focused exception to that general rule based on special circumstances. A general zoning practice is to amortize and eliminate non -conformities over time, so that sites and structures become conforming when sites are redeveloped under current regulations. To that end, the County LDRs prohibit additions that would expand the degree of the non -conformity and sets limitations on repairs to and reconstruction of non -conforming structures. Those code provisions are in place in order to help amortize non -conforming structures. Consequently, any allowance to use a legally established non -conformity to justify an additional structure located consistent with a non -conforming setback needs to be narrowly focused. In the case of the proposed amendment, only homes made non- conforming by County -initiated rezoning action occurring after 1980 would qualify for the proposed special allowance. The 1980 date is proposed as an easy to reference date that will capture any County - initiated rezoning actions that may have created non -conformities. Large scale county wide County -initiated rezonings occurred in 1985 and 1991. When those county- wide rezonings occurred, staff made an effort to limit the number of non -conformities created by those rezoning actions. Generally, areas that had larger lots were rezoned to districts that require larger front, rear, and side yard setbacks. While some smaller lots (less than the RS -3 district standard of 80' wide and 12,000 sq. ft. in area) were rezoned, the zoning ordinance was amended to provide for reduced setbacks for legally created non -conforming lots of record created prior to April 11, 1985 and June 18, 1991 (see attachment #4). Those provisions for legally established non -conforming lots addresses the vast majority of setback issues created by the 1985 and 1991 county -wide rezonings. However, rare cases such as the McAdams situation are not currently addressed in the code but will be under the proposed amendment. While it is not possible to quantify the number of rare cases similar to the McAdams situation, staff believes there are relatively few properties that have house placement circumstances, County -initiated rezoning effects, and pool placement circumstances similar to the McAdams. If the LDR amendment is approved, the McAdams and those with similar circumstances would be allowed to go through the regular permitting process to allow an attached structure such as a screen enclosure with a reduced setback provided such addition is located with a setback that does not exceed the degree of setback non -conformity of the single-family residence. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed ordinance. ATTACHMENTS 1. July 11, 2017 BCC Staff Report 2. July 11, 2017 BCC Minutes 3. August 24, 2017 Draft PZC Minutes 4. 911.07 Excerpts 5. Proposed Ordinance C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@080E552D\@BCL@080E552D.docx 2 P245 INMAN RIVER COUNTY, FLORIDA" MEMORANDUM TO: Jason B. Brown; County Administrator THROUGH: Stan Boling, AICP; Community Development Director FROM: John W. McCoy, AICP; Chic Current Dave W DATE: June 27, 2017 SUMO': Appeal by Mil & Martha McAdams of a Decision by the Planning & Zoning Commission to Deny a Side Yazd S& Variance of 5' Feet for a Pool Etcclosrn: on Lot 3, Block 1, Diana Pade Subdivision (VAR -17-05-01 / 92080125-75723] It is requested that time data herein pre s ntcd be given formal Commissioners at its regular meeting of July 11, 2017. i3aORtGV . A B13 JD.N & 0 177 1 { :Il on by the Board of County Hal and Martha McAdain submitted a request for a 5' side yard setback variance to construct a pool enclosure mound an existing pool and deck (see attachment #3). The subject site is located on the east side of 614 Avenue kat north of 4s' Street at 540 614 Avenue (see went #2) and is zoned RS -3 (Residential Single -Family up to 3 units/acre), At its meeting of May 25, 2017, the Planning & Zoning Comm on (PZC) denied the variance request on a 4 to 2 vote. The variance was denied based on not meeting all eight criteria required in Chapter 902 of the code as being necessary for a variance approval (see enc:lysis iii attacbment # 3). The McAds,.ns are now appealing the PZC's denial of the variance request The subject residential lot is located within the Diana Park subdivision which was plaited end developed in 1958. When the home an Lot 3 was constracted in 1984, the subject subdivision was zoned R-1 (single -Family District) which had setbacks of 20' on the front, 15' on the rear, and 10' on test sides. The applicant indicates at the time the home was peoposed in 1984, the owner chose to justify the home to the north side of the subject lot with a 10' side yard sack lime in order to preserve 1aege oak trees which exist on the southern porion of the lot. Later in 1935, the subject lot and subdivision as well as several other areas in the county were rezoned from R-1 to RS -3 which has greater setbacks (25' front and rear, 15' sides). Although the 1935 rezoning action increased setbackli on numerous lots, 'gaff believes that the total number of non-conformitiei created by that action is limited. Under current zoning regulations, the subject residence is a legal non -conformity with a non- conforming 10' side yard setback on. its north side. When the pool and deck for the subject residence were comerst d in 1992, the subject site incl Ming the sun+ounding Fermis had been zoned RS -3 (Reside/1d d Single -Family up to 3 units/acre) for seven years. The pool was proposed by the owner to meet the RS -3 district minimum 15' setback to the pool. No pool enclosure was proposed at that time. Tho deck was allowed to be constructed to within 5' of the side property lino ris ellowed by County code, and was conaa-ucted approximately 10' from F;1CoiamtmttyDeveioputonACurDavlt3CCIZ017 Ademetppea1(VAR 17.05-01)78723.doarc P246 the side property line; essentially in line with the side of the graedfath&cd-in home. Thu, the e:istir deck and pool are consistent with current land development regulations e,.rhlch provides a rzcuced setbach for pool decks. Now, many years after construction of the pool and deck the owner wi€hes to cover the entire deck footprint with a screen enclosure. The enclosure., however, is required to meet the 15' side yard setbcck. The applicant has indicated d4 loci tting the paol enclo r,. 15' fru the side (north) property line, the location of the pool edge proposed by the owner and approved in 1992, would put he se wall of the enclosure at or over the edge of the poet and join the horse at the edge of a window. In order to provide for a pool enclosure that would simply "fit over" the existing, pool end. deck, the applicant has sought a 5' setback variance to locale the pool enclosure 10' from the side (north) progeny For many years, setback variances such as the subject request vete heard by the Boe4 of Adjustment (BOA) which was a separate body appointed by the Board of County Co lssicners (BCC) with the sok responsibility of herring zoning vaelance requests. Because zoning variance requests wen ra end were rarely granted due to the stringent variance review c rite is common throagho-ut the state and r:eci:ud in the County LDRs (lead. development regulations), the BOA became largely insctive. In 2015, the BCC with the support of stff and no objection ' com the last DOA chairman, dissolved the BOA end cssigned the PZC the responsibility of hearing variance requests. nig subject reqemt was the first variance application aped since 2015 and was the filet variance rr quest heard by the PZC. Consequently, the PZC had jurisdiction to act on the request and the applicant exercised their right to jpp a1 the PZC's decision to the BCC. The BCC is now to consider the appeal and is to approve, approve with conditions, or dray the appal. ANALYSIS LDR Section 902.07 provides guidelines for the Board's review of an appeal. Under Section 902.07(4), the Board is to review the PZC decision and make findings in. the following three arca. (a) Did the reviewing official fail to follow the appropriate review procedures? If so, what proced ral error was made? (b) Did the reviewing official fail to properly interpret or apply t14 applicable caning district regulations? If so, what error in interpr•etatton or application of zoning district regulstio,u was made? (c) Did tie reviewing official fail to properly evaluate the application or rega4st wiih respect to the comprehensive plan and la -Ad development regulations ofIridian River Comity? 1f so, what error was made in evaluating the application or ren, nest with respect to the comprehensive plan policy or land development regulations? The Board is to consider each of these criteria and make findings in all three areas addressed by the criteria. Staff's arylysis of the PZC's decision in regard bo the ibex criteria vie follows: (a) Did the reviewing official fall to follow ths appropriate review procedures? 11 so, what procedural error was made? F;\Community DevelopmenACuDev\BCC12017 BCC1McAdem.uppc1J(VAI(-17-05-01)78723.docx 2 ATTACHMENT 1 P247 Please see attachment #1 for the applicmt'a response to the appeal criteria Both the applicant and staff agree that the PZC followed the proper review procedures in making its decision. Staff properly noticed and processed the variance request which was properly considered by the PZC. (b) Did the reviewing official fail ti properly interpret or apply the applicable zoning district regulations? tf so, what error in interpretation or qonlicati(on of zoning distrkt regulations was made? (c) The appellant and staff agree that the applicable zoning district criteria were properly applied by the PZC. The RS -3 zoning district caiterla and side yard setback were properly applied to the proposed enclosure. The 904 criteria related to non -conformities which precludes additions that would expend the degree of non -conformity was also properly applied by the PZC. Lastly, section 902.09(6) regrading the eight requited variants criteria was properly applied by the PZC. Did the reviewing official fall to properly evaluate the application or request with romped to the comprehensive plan and land development regulations of Indian ltivar County? Po, what error was trade in evaluating the cpplicatton or request with respect to the comprehensive plan policy or land development regulations? The appellant and staff wee that the PZC properly evaluated the request with respect to the comprehensive plan and LDRs, including the LDR sections oted above. While the appellant agrees that the PZC met all three appeal criteria, the appellant wants to present their "side of the argument" to the Board. Staff's conclusion is that the Planning & Zoning Commission met all three of the appeal review criteria. Therefore, it is staff's opinion that the Board should uphold the action of the Planning and Zoning Commission and deny the appeal of the PZC's decision to deny the requested variance. AATER,N TIVES While the PZC denied the variance, PZC members had considerable discussion and used several concerns associated with the variance request. The most substantive concern was the County's role in changing the zoning of the subject site in 1935. That action changed the side setback afire subject lot from 10' to 15' and rendered the subject resuiecce a legal non -conformity with a 10' aide yard setback on its north side. Some PZC members felt that the county's 195 rezoning action led to the oviners' situation. In voting to deny the variance request, a PZC member indicated they were reluctantly voting to deny the variance request since all tight of the vary a cdtetia were not mot, but that following the LDR did cot necessarily produce a desirable or logical result. During the discussion, a PZC umber suggested that a focused, narrowly tailored LDR amendment may be appropriate as an motive le a variance. As cnncently written, the LDRs generally prohibit changes to non -conforming structures and uses that increase or expand the degree of the non -conformity. Changes to a non -conforming structure me allowed that reduce the degree of the non-coeformity and additions that fully comply with the current LDRs are also allowed. An excerpt of the current code is below. P_lCommanity Deve opaaent\CarDevNBCC12017 BCOMe;Aderaaappeat(VAR 17-05-O 1)78723.doat ATTACHMENT HMENT P248 Section 9040. Exprrns1or.,increase. Dr ekauge of nonconjonndtie . (1) Generally. Na noncorjormity shall be enlarged increased or changed to a different noncoriormity, except won a determination by the director of community development or his designee that the change resatlts in lessening of the degree of the noncohformtty. (2) Additions to nonconforming structures. Additions to twncorforming structures cortaisttng corfformint, uses shall be permitted (f & cdd alone to the structure(s) complyfectty with setback and other applicable site -related regulations. The general prohibition on expanding a non -conformity is logical, is a foundational principle of non - conformities regulations, and should remain. There is, bowever, an existing reasonable exception to that general Wile. Under the cent code, in cirennistan= where wait action in the form of right-of-way acquisition creates a non-confi amity, that non -conformity is allowed subj to a staff - approved "cum plan" that mitigates but dons nal fully resolve the non pity created by the government acquisition. A narrowly focused =caption to the general provision section of the code oould also be wafted haat allows limited exp ions to non -conforming atructuie;s resulting from a County initiated zoning action. Such a narrowly -1 aiiored eectsption to the general prohibition could read as follows: For a legally established non -conforming single family home that &crane nim - conforming clue to a County initiated marring action occurring after January wy 1, 7980, a sethuch none -conformity may he extended torr an attached atressory structure such as a screen enclosure provided such extension does not exceed the degree of snback non-corfvr7niey gfese single family residion-e. . Thr;. Board can direct staff to prepare such an LDR revision. Adoption of such an ereeption could provide relief to the amt and any single-family lot owners similarly affected: by a county -initiated rezoning action. In staff's opinion, the number of sin 10-faaily setback non -conformities created by county -initiated rezoning action is limited (probably less than 50). A Q Lased on the analysis, staff recommends that the Board of County Commissioners make a finding that the Planning & Zoning Commission adequately evalttated the variance application under the appropriate variance criteria and uphold the Planning & Zoning Commission's decision to deny the requested variance. MAMEGETI 1. Appeal Letters 2. Location Map 3. PLC Staff Report with Attachments 4. May 25, 2017 Approved PZC Meting Minim P:tCm,amunity DavelopmenocurDeABCC12017 BCC11,lissl dcas perl(VAR-17-05-01)'76723.dm ATTACHMENT 1 P249 Hui McAdams 540 61* Ave.. Vero beach, F1.329,68 Vu riarxee Appeal to the mrd of COIffity Commiasla: y 1 c: Jahr' McCoy, ACP UM, Current Development IRC Community Development Department 1801 278 Street Vero Beach, FL 32960 Dear Mr. McCoy, My wife and 1 are requesting the right to appeal Wore the IRC Ward a County CoITrmisrlontrs for our variance request. Pea Piceze ecsept this ktter es our request fuer that hearing. Sincerely, Hai i'vicAtiams AT'ACHT 1 P250 To: John McCoy Indian River County Appy of variance Request Mel , cMarrts 544 614 Ave Vero Beach, FL 32968 Geer Mr. McCoy, lig are the ellavers to your tuLmsubmittal quesion6 Jute 19, 2017 (4) A in by the planning and zoning commission, findings of fact At the app0:91 hearing, the planning and zoning commission, kJ connfonntty , ,'i th l provisions of kw end those kind deve:opulent regulations, may uphold overturn, or overturn and affirm in pert the decision being appealed. in reviewing on cppeel, th6 planning and zoning commission doll Make flndkrtly in the following sees: (c) Did lire reviewing official faO to fallow the appropriate review procedures? ll'so, what procedural error was made? I think they followed the appropriate review procedures. (b)Did the reviewing orlcite fail to properly interpret or apply the applicable zoning district roguistlons? If so, what error In interpretation or applicet'on of zoning dktrtct regulations was made? t.'o. (c) Die the reviewing ofiicial fail to praporly earth ail #+e exlic'atian or request with respect to the comprehensive pint and land development regutsilons of ImJien River County? If so, what cmar was made In evaluating the application or lorfu:nst with rospect to Me comprehensive plan policy or laud development regulations? Ma. I :ti.!! mint to present my shin of the argument before the Mdlan Rtvar County Com n or~rs. 4ien444—°— tial McAdams Sincerely, P251 1 1 9ifAtTJ 3WPAPAMP rm111.7w/-0014L7 Rua TF . . ... r RS -3 1• r.ruaa.9uw<.re b1truso Imoot 119 1 <7F1 S� �pAiAB (� +0.:.Yitto �17R L Ml a Ela 1N1t9.M9 F;;r119w1aao9#1{.t at•/14401UN1:f01i9 ■,O9U1N11910091+11 ATIA,CI €!IY P252 1.1'4:D:1A K.".VJR COGNI' 1', t'i:.[ Rtl A 1x1.1 M: O it A N .i' Uhl: TO: Members of tbt Planning and Zoning Ooamian DEPARTMENT HEAD CoNCURICE S maE►olir " x; Cann pity Dcvcicpe cnt Director. FROM; Juba W M , i ICP; Chief Cu rcntt Davcloccamt DATE: i`vizy 10, 2017 svi&ii cr; Request by Hsi & Martha McAdams for to 5' Blde Yard. Setback Variance fur Pool Enclosure on Lot 3, Block 1, Diene Pari Subdivision j'VA.R 17-05-01 / 42080125-7$r3] Itis req ic&ted that the data hems* presented tie given five iona1dcx don ity the Planakg and Zo n commission at its regular trig of May 25, 2017. Bit CKGRpUINID, 4 PTIRr, & cQMOL'L1oNS Hal and Martha McAdam have submitted a request far a 5' aide yard ectbeok variance to coustract a pfr.m1:iioloeears tcound mt. exieting pool sed deck (sea a se u ' t!1). The added site is locates cu the eta side of 614 A.venue just nerd. of 46 Street at 540 61't Avenue (rel attachnttmt #2) and is Heald RS -3 (Residential Singlo-Faataily up to 3 =1LN/erne). The subject lot is ultidu the Diana Park subdivision which was plated and developed in 1958. When the home on Lit 3 vice vont nctcd sr: 19S4, the aubje t subdiv mated R-1 (Single.Feted;* DL iait) which bad setbacks of 20' on the frord,15' on the rear, and 10' on the sides. Latae in 1985, the subject subdivision ea wll as several other arra fa the acuuny wore roamed from R-1 to RS -3 -which has at aetb ci (25' Avg sad rear, 15' s:dea). me applicant indicates at the time the home was 'imposed in 1984, t o owner chose to justify tie, to the z side with c 10' side yam sccaa& line in ander to prestrv, large oak Mei vvhi vadat on the south= pardon of Sea lot. Mout the pool and dock ws:a cot act,ad in 1992, the eject sits including t suunundicg pmeels, 1a, had been ramrod to 113-3 (Residential Single -Family up to 3 rtdl /euro). The sId ywi mimic is the =nabs disttiot i 15' %auua the previous 10' side yard in R-1 ironing districrt, T7ec pool w s pro tly permitted uud cut the 15' sethaetk to the pool. 'Te deck way enovied to be ooratructed to •indite 5' of the vide or rear property lire as F.11o vc3 by County coda. Tit; dock is oonstruoted eppro•, imetely 10' Boni the aide property line; essentially in liar wlta the ride of fir: gr zd a0iered- in;rrrme, end is consistent .vith entreat lead devslaprerevile-Was which pesvvides a ranee oc seebseek ftr mol seeks. ::\Gums untyt DanlupenoucK:tirLkAlz&Z12017WcAtUimxveu;±iaao(Y1'?_17- 3.O1)7V723.douc ATTACHMENT 1 P253 Now, the apj Went wishes to aovc the eating dock footprintwith a sow a neloserre The enelotore, nartee, is required to meet tie 15' atdc yard netherk Tho applicant hat lorilcato1 Mit locatfog feu pool caclosiatt 15' from the side, (north) pocrrty Hoc would put the; moon wall of the enclosure at dee edge of the pool and Join tiro: house at the =la of a wiedow. The altlalicant is now so ng a 5' setback 'nehmen r, to locate, tho pool xles:Ire 10' from the ar3dc (neigh) property Linc. Fa: =my yew, se beef. variances such as the sebjrsi request overt: heard by tho Baird of Aeljueement (0) which was a step -erste body crpointcd by dee Board of County arisai with the aolc .capreasibility of hearing z=ing varieesaes requeete. Because zoning mimeo r+Esvertis were rare, and were rarely grrutod cher to the stringent variance roview criteria common thxmtgbaue the state wad specifi.ed in the County LORD (lead development regulations), the ROA became largely inectivc. In 2015, the BCC with fire ,s cpg ft of staff and no objection from the last BOA chairmen, dissolved the BOA and an!igned the PZC the reepoastbility of bowing variance requeets (sea attachment #5). T hl:s is the first vadrum rap= fitod since 2015 and. the fisc variarnoe request to be brad by the PZC. ThePZC is row to ccor&dcr the requested variance rt light of the volinne.c rehab' its C2aopi&w 902 find la to approve, approved with conditdons, or deny thr..roqucst. ANALYSIS The subject subdivision, Dianna Peck, =dams' lots that range foua 35' to 128' wide. which confbrms to the RsS-3 snjvimur lar width of E0'. The subject p<op_ity (Lot 3) has a width of 100'. Consequently, the: subje.-at lot arra rmarn nding Iota have the thorned width to meet the application RS -3 setback ;eeuirantent3, inc1u ding, to 15' side yard sdha k roqulred for pool enoLoeurce throughout the I'.S -3 district. The subject home, pool, and deck were. properly permitted and construe in accordance eitit the 1984 and 1992 approved permits. Tho result ir; a legally established non -conforming setback (site- relered. non -conformity) for the hoc rt 10' from the north property line and a. costuming pool and laool deck. The vaderroe request is to ellow construction of a pool endow= to Coo ns the liar, of the hou.+' et 10' from the aide property Iiia. Tbc proposed new constrtz tio» woulcl oanstitat.tc ars az`di`ioau to the non.-aiibxniing resirienoc and as propasM would remit iu an expansion or eadensico of the existing non -coif rrndng setback. mcroacilmeat Such an expansion of a non -conformity b not amebteaat with lend development regulation section 904.05 (set~ arerehmcni #4) and Scald est a precedent for c tCrxling and c pereding retrace.us cedsting nomeeeer orrndrlc In the RS -3 district contrary to 904.05. rev npplicarrt is r qt'o to use ac cdsting a adfetttsrred-in ;erudition, wb1ott was properly permitted old kgally este lishcd, to justify n. mince fa: new meanie:lton. ff gearced, sacs variance would apply the ed.: yeed setback of tore pr eve loos P.-1 g district. 1111ow nett ion de. air:elute to edible 10' of dee aide propcty line, expand the degree of the uon-confaaniiy, end scaly old mien rules that vivre changed in 1925 and that are not a:xpiicabio to other RS -3 ruogxaiy owner. Please; sec attatn:';stt #1 fb r rolatr_d b fitrantio:: provided by the applicant to support the v ►;Yana request. In summary, the applicant has indicated thet mooting tho 15' Rea` -3 aide yard reqlthement for the acs =closure is a hardship and macs 'enclosing the pool and deck: unfeaxiblc placing Lilo dasir*a3 onolosarc at the pool edge r1vthee arae et lie edge of then solo`:* pool dew:, 1`Ar.y rlarellop=uirACt rrimAPAZ120I7i Bollen sv :,(Yr.Nr[ 3-a:411)78723.d= 2 ilkTTACHMIEVIT 1 P254 To gout the variance erepr::sted, the PM sat coucludc that the cf:ariusta a and con/aeons :elated to the :posed setback tuarosedenent are unique to the; subject property. Such conclusiens mild be gttfried finding bawd upon nrvicw of the rsqucet is light of tbo eight valiance crrtarie contained in anchor. 5,02.09(6)(a) of the laud dcvelopsntaut regulations (LDR.$). No varUn cc nm^y be grunted uulesa the Doted fend the the inquest satisfies all eight of the fbilowirg cxitc ii. 1. ttpeebil Cosraftiox. The spacial condifere end eltetunstumoes cadet which are peculiar to the LW, atruatture, or building involved, end which are not applicable to oder lands, etteztures, or buildings in. the senc zoning d ri t: 2. Action of applicant. That the special r.00dilions and circumstances do net result trete the melons ofthe applicant or illegal rctx,: of previone pommy owners. 3. Special Privilege. That. grantieg the vasistuce mite -eta! vein not conifer an the applicant any special privilege that is denied by the vcgul%tiou to other lands, buildings, or structures in the SAW mag &side 4. UttneCCR E?r .lkatdship. Tieast iitaal interpretation of the piuviaitnrs of the re;uulsdons would deprive the epplrant of rights commonly enjoyed hy other propertim in the Bet= zoning dast:imarc the ferule of the regedetiotss rend would constitute art urneetemey and undue hardship upon the ,appliastnt; 5. Minimum. Variance Neves nay. Tient this veru granted is the minimum necessary in order to make postable the reeectablc use of the land, bu'iIdutg, or arse ; 6. f'urnoet and I :cant Ceti elleec6. That the wearing of tin variance will bo in hammy with the gents: perp osc and intent of those zoning regulation end the Indian Rigor County cote rchens ve yaliait; 7. Detriment to Public 'crane. Ting such vatience will not be injurious to the surrounding area or otherwise be dstrimmedl to the public wci. ; aced 8. seasonable Use. `Ihat the property =not be put to a renewable able tux Whish fully complies with the requirements of this orlinenoe. itis stiff's position the. most of the ieight criteria rec. pj Satis.aDd by the rcqust. Stan's cv eluxtion is es. follow::: I . Special Condition. The existing home is aotteidered a legally established nmeemilbnnity with ti. 10' rattier than a 15' tide yard setback. To allow the icecap credos= to bcr constructed within a 10' vide 5ctk+tu . will expand t1x degreA of sttbruk ucu-con1bnnity an the. loot While the ptopetty contains a stxt>ctme One msi►3e ace) that is legally DM- confonnizzg, that e irCIOUtrz dote not constitute u tepodel condition unique to the subject property. Staff it: swam of numeroua IVA ILII -conforming residential structures o:. RS -3 zoned lob tied the presence of stun neo-ctmforiniag etruetunes is mtci a factor la applying tbt current st-theek standerda. Therefore., no epecial conditior. relit that is eniquc to the settled. reopeeey tiui justifies the, requested vuianen. r;?C:• *:arraf1y Ikrebpmadltkcr7c tlg.,;Z12o17T .04atid.raswr:edr:elyikr, L'i i -^L)", fi7Z3.'twx 3 ATTACHMENT I P255 2. Action of applicant. Whit frac action of the *plias&hu 1984 die; c ooLibuto to the location of ttc Wale being 10' from tbn tide property line, the =dm of was cones 1u t with the code at me b ass. 'I t; peat legal onie t, however, does not provide a justification for the applicant tea conttr %teats 1984 zegolatic r (tare item N3 below). 3. Special Privilege. Osnntiug the would convey u special privilege to the applicant deeded cher owners of RS -3 mewl lots by allow1ng a sunset= closer to this property line then cheery in the sauna zoning disoict In facts griming the ve¢i moo would yet a laeoedent contrary to !mg-sum:Erg aoguiat$otu on non-400fo ming atru,.tutm. Thera we a number er of older LeJuctuorai in the County that Iowa setback non-craramides. The criteria for wbst tan be don to those structures is specifically salted. in Chapter 904 (see ntescmeH.t #!4), Dist ,section spe iiically ,ice that additions to trop-oonlorml stersotzrrev, such on the pm:plied pool c o1xttnv, may be permitted "...provided th*( such additions are In, conformance with all applicable) lam and vrdiaances of the county, do not create ora-enrfocmhag apes ar atrtetitri; end do not h,eraue tkt degree of the =bang atte-related ROW* conformity?' emoting tic required variance would create an additional non -cont ity and c,.,panrt the. degree of earl existing non-eAs brnity. Tbeset ee,, granting d=c reepie lied vmi n= would gru►t st spa irW privilege to the anplieen net anowed per Chapter pter 934 for other PLS -3 prollerti with nett -Conformities and ckc not meet tlrti "special privilege'' criterion. lira:., the "apodal ptiviltge" criierioo. i rpt met. Unnecessary Hardship. The provision of a screen erza1Cxurc dock not rise to the level of an unnecessary lordship_ The proposed sae= enclosure could be built to meat the 15' patba:k (sae ett"..chnict 06). Although the cnc%s= location is not preferred to the owner, the option to meet the 15' setback. like other RS -3 lot envy is avaiiablo. Therefore, theft iv aro unaroxstoty hardship to juatit granting the requested varicose. 1,411uhrune Variance Necessary. Tho opplic nt is requestieg a variance of 5' widoh is clic difference between the 10' and 15' side yard setbacks, so the cadre existing their can. be eatolosIxt. It h possible that the scrota enclot arc could be intik without the requested 5' valian e, as stcOtcxi Above. Therefore, n3 variance is neccsstuy, flu ct'nstivotlon of a scree, enclosure: and the ".minimum vadat'tee nonccssary" citedion is not mot. 6... t urpose and Intent Cooipllant't. The mime irr not consistent with the proposed intent of the RS -3 zoning district criteria which is to have larger side yard setbacks (15' rniatrnum) and gander separation between homes on lots wider thee 8.0' en compared to the old R-1 district regulations which allowed 10' sido yard atbr;ks. Me subjc>ot tot Ls 100' wge and ran 4*.:Orranodate Dew b-trocLcac sad roti:tions that cottfonn to normal RS -3 requirements. Also.! mazes above, the va ierz is reenner} to spceifru pzztvi<Ciaam cf Chapter 904. 'ihrtr.lke, the "purpose ad latent compliance °diction ie not mat. 7. J3ctrtmeat to Public Welfare. The variance request docs not air to be generally dctriineota!1 to the Public Wer l!atc, although if grantor will visually impact as adjacent pn'p aiy it pc pr;#uity . 8. Rc»aanblc Uac. The prupaty crul be reasonably wed is her current condition of with a conferring serer= entc1oauv, m previously detailed sh00% Thus, too "xueaonahlc use" trite;ion :mot mat Facexr am'r_y Dyad ;rmentlGaDevtD&D..01 i'ttti oh -vstanot Y111:-17-05-01)717Z.tIoa. ATTACHMENT 1 P256 &:cause the tailor-stcd vain= dont not meet six Citaptor 904 prohibition on expanding non- conforming stAvettirt4 and bocaus a it doe :.ot meet saves] of tho eight mandatory criteria &at must L artiafied in actor : the variance to In h t&, the rpt: neem to be deuicd. RCoMMTIDA. .ON Shtitiu:am=ds that the Planning ?exi Zoning ComnsisaionCo not igtzmt tho following valor: . ATTACT'$ 1. Application and Related Materiel 2. Location Map �. Skutc i of }Imposed Enclosu u 4. Exeezpt from Cbeptcr 904 S. Exc=pts frym Chapter r 902 6. Potii€fa] Location of Conforming Fuc1om 421'= AN f.' 3n1t30i is Q441101 17 AT?`.0i-tip. FP: F:IC�!munity MvdopszaNCursAP'Ci1 iWrAniter t:r_�a; 4k, ra Crkr4r01,: -frC•It V.U. tALI= alt4f.W.81-: 411. rtgfitstrf VW" 0:146TV I; ) Ca? .A19:i0311+ Mgr APti I A, HMO w-tn-Vacsd,S—DATE:—zrAe..ir4Pr-C2C2a ADDRIZS: Tiu{mow,: 2:454i Sal_ JfAX s -Art. LEGAL DILSCRIIMON:ligeln,aLicp,„ii,• t 4 Q,e.k to being considmor; for a vadencr, rho D&d of At§ostznad and Appeals b required:by low, (1DR Srution 9021A9) to consider too fang quortions so clitoris ihr igultina visispen: 1. ho your !duel= (Mc tn unique) cirocmstonoiss not =sued by yo or Mortal tab' or previous owner )3:p1ain such cfroarnitainces: 5r4.' 2. Do spzciag conditions Lori oiroUTOEVUZCZ edst wbith opt peculiar to yew ISDAI 07 shunt= raid which *row( applicable to other 'oda or IMITOCUSTel iatbc Bane zoning distfict7 Espial mai conditinno or tower MEP ••••••••1., 3. Woubi Him1 inbstpnotation of the provisions of the atiinenco dopLivc you Of ejihtil commonly cajoya by oxb jrqtv comisrs b.los aim zoning district/ Itzpisin such ziAta: d9-t-aae •••••••••• NCtiarDerriccimailnocreculit-AAM'SW.Narmouvrailav juview vw 'r+ P258 Ar rsy.xs to Op rtl c rx for s rate : ;,GPuldjn. Wu. Q.4rsJ:iit 1. When 1 s.i out to lx/Id my hug: ke et'tile loaetio.l, we dac!ded :o set our home s ye/1irt et tete fort! east allowable. Iocetitm art thio North Kids of our p.opeof.y. Sy r ow halite this tray v e vn,re obis to save . 100. lose!' old OM 0,11:: tr , two Liana 04'3 and a nstive Pc:im tree thee ere still standing end grvwlits way. iitt *r. centered our horn= v+.; wolr►ci;lave lost thole trans e,,d I cnsibydert►:b.d 1u roots r..'.e:OsC,r.� �-.» y•et;r .'! I r_+ C3sl:.r,ts burled no the =Alt Ade of our property. Lomat, e,. uur ke.:0; tpas trte Oat rtc., 9 Prim tree tot; 3. Me VW. rbio.:;.•;; 2, if only allowed to i y'itlt t e tdatt„ Ex to , tt would not be fc .sfete ;or the ;tots1 to bet enclosed. with the e;'isdngbet b.:4', a)t enclosure on thk north site o; .he pocr1 haw 0 stop it the edge of the North sloe of the pool structure lbel! insteati of the fora side of the pm!' deck. A difference of 5'. 't iK,. wouirt n:sa-, ;lave ttlii sort. tee enclosure ce,lr+ir. it into die ,Aiddk of the betvoa, Window !zet43.41 pith:: edge! 0 th.., haw.k.'u Locum. _• ti Wait ?,. ': Ji" would like to have the right to enclose our,wui crid dtcl int; so that VP. tart enicy our poo; du lna the ula;m tdiliu.tts and fiat bow tv cot 'teed wait Wang Lts cis, mptdtal:'- hosa thet h,nYt the ub;l4 to v cnsttttt. di ,=c s. riu is teptetivy 4,,:ptom` pt tor rimy %4e sinac a ht ri toot cu: carp end k the 0417 exerdsa Cut dorsn't cause piAt: to he:fri L S! e hcs 5 Oruld her fool. dirt mirk her trolitety. ATTACHMENT 1 P259 4. A v rla000, m requested, will not paauit...tsbieh or Warp any WO ar .tn,otary + it :tat permitted le the that; L Doo yw request meet this no/minima:0 - Ya tbeassriatces � yam,.. the aeeem y►tte mkt possible the !amenably crmeof Iliad, �. yr 1�na • : -P. - • t�..i- Fes. C'_ .f edr t;. LZow wauid manias the iixisnce request be to ito otou y with the cwt ive prim and ler developmt tt re ar7 -1-:..04.41-AU. *SIJL-42114kee-1--171 ;. Would gentles the Yuiianna be Wilma to she suamoughlg ma or au detrinuelds1 to the *Ain Wolf T lain. �._.11)t•: ' ' !OE 1.i = 7�.• rl ill t. ;. _Q";3.' nkt�✓i"a..:..d..—=t1 J C... .u,ira► b 4 r."G ... r :td l. +j4=e'.►r,. S• ilLiCtt miff.. t . Can the ppty be pant to a r 1e use without the IS yon oat *lUrly answer y+ou to the above questions. yummy elisible to the coudclezed tax a vari.nca rad you may aabntt the applkation. r'1iiranna7 AJLrt71tK.leJVM�J..7�.lAato. a..tr taws 2 ATTACHMENT 1 P260 The venom= segued; it ea Mews: / ji 14nr jl 4l ratyRe Q n /tee C�'S r � r-.�„ ���Ploset The variance is os+e sway reasons: 44. ad ci°cs, %tea _ ir.�.i 1LC:�1C.�r i { Csiri%�._a or�.a?'�/i'�'�-''. ice+' • r •, , r � Pour aorpriAl of tht P/01 pan of the hot end variance requested shall be rend to the application sod stall inclodu the adults lined below: s. Ezaoi disamoiotvt add 10 *tore of mist' *bonding nen tdtsrcaCsans. b. React Dian uatiana and lord= of all proposed additions. c, Required setbooka d, Location .s of all =Was eaa its C. Clearly delineate the spoof& valences requested Thy plot plan Khali be am 24" X 36" 'beet tinker a prelims plea hu bra filed with Cho Zarin Picas- provide scsmes and ad i'oil Is,.,p.� y t MD= 'b ,� ��.�sat o _56.6_40:1:-._ i tfett6_ , I 1 IE, t S i fie' "a:Jti-.No- t . ""�'QL'i 1/11......3g1064 ,A,ts :80.0D Ica shall toompancy this app'Pexton. I certify did thas tie Stakes iu the Maud the coane:a ease rdrrratm:o gar which the lisciantc is .oquedad (1.£ applicable). Cory of a deed or other proof of ownership of the property fur which the v rriauco h reque tad wheal i oorttpany this applfcedov. l A+astify Ale the statements in tide application axe true = i b • of •.+ Bb Levi G"bock Plot Plan Cocsppe c Property Owners Cho* Azad 1 Aut prized Dimacudons Reid Mea R{IgiMlttye"Hardship 33*;. Pero Paid Slalom Pit .,:rna ityitlysmeXNyY]Q'DrN)7N0lvVaisr ant he l apc. al ilk ATTP.CNtiOn t P261 [11 MM. --e .10.111.0 41111,••••••04 al s 3 1'7 F. 1-1 J F 1 a .i., i'• •L'• t ..1—... ,....- ::A .i ' i _ 0 1 T Ili --i--1 [ ••• ...."'; i I -'1 . fit 41••••••10. u..11.1•111••=•••=00 1: PO 101. ........,, _LJ i:, L .., . 1 K _ar.rgal r — 1-- i -r-7---r---1--- _. ......._.4 ATTACHMENT 1 P262 ; 4 / • t 'LC: MC. NV' -1 .,. ii A •• • • 7." 11; 'r .........::•t-,,...-gr...wa- .n.,•••*.........., tzt 1 1 1 . , Ab 1?" , -'%,1 I t1i , ....•. r .. • c -,.„, ..., •-...• • ,,..• •._,1 •,-—. ., • •if .. .7 .r...-..5 I .3 : • ,..: .... I . i --• - 1.. sr ‘.... 1 i. . 7c/,"'i WL) ro, I tr_t p J.: R A . 4 C ge5 0,) ... Ns ........4._,.41-.1..-...... . ,... -ems, 1: • - 1 4v •) 4 .. ..... , ••e . ., . t $r f ,. 11 • - • : ...VA ....,*;. :. 4 t:' li ..ommr mow e Z C. . S, ,•• , .....-1.—.......... V ;VC 3,tyl "24, \ I P. • 1 -a.. •••--- I C: (VI.A.„T) - 00 .6. tit .4 ...me 'S.3— A M'ti --. 'a T ••••b• ••••• T A VEAileilfrif._ 1..01. 3, 3100k atecIlA ?AMC, i.31.,r:1 boot; ”, 62, Pulsli 94.:.“7,,n, ATTACHMENT 1 P263 ,5C4.f5. Evousiun, sncrzeuic, to ei3:s*ii s of 'authtantt,rnetlex. (1) (rurally, No nonconformity nformity szhall be enlarged, incrva el, or changed to a differed nomonhfo tthy, axuciA upon :s determination by the director of csusr tussity tieveloptnent or his &Big= that the ehaue results in lcs..ang of the degree arta n0000nfo ity. (i) 4tijltivns tnoneorforming stmetaree A-drillinns to nonconforming srtmva res containing oonfbrrn ng uses ahrll be painted, teens additions to the ;nnu3ttsre(s) comply folly with asctback .eau taiher applicable site-related rieghh t10 z. (3) Additions to aizd development or re-devsfcrrsnt of, a.emobllrltmenta with shle-related nonan► fs::rmaitina Additions to, and devalop nest or nedla:ve lopronat of atoms an property with site-related nzttreonfonnitios, where the struc1uru1 additions and aacaocie 1d improvements do not • warratd the auhsaitt i of as rnaJa site plan, maybe permitted provided that .h additions arra In �' =forrna:i: c with all appii« al,3c town and ordirarn acs of the county, do not arse nonconf ening uses o: structures, and do not increase the. degree of the existing mo-related vnnoonformity. Where fu: addition u: redevelopment proposal warrants the submittal of e. major site plan application, all site-retied nonconfonnitics. shell be terrntnated and teen& into compliance with all applicable regulations alto cottury, with the fallowing exceptions: (s;) Site-rclated nonconfer„ati ie• pertaining to building enc•Pruer.braents into requited setback. and (b) Site-related uonconfeernities muted by public right-of-way aoupia:tioa. (4) Fer ying port rrgnt.o, f-uay oequisTtfan star. Noaconlonnitex, including aancotifosmitios rn: single -family residential situs, created es increased in degree an a site by public dgiht.tsf--w y acquisition may by authorized by the community development director or his designee upcn i. Butz.;.. of a leer verifying the post-sequisition legal noncordormity status of the situ. (5) Clue plan rc guired for cwn rserckrt ar: irrutti f mdsty :ilex where Latpncts cjry ncnribrnrl(I a erected y rtg si-uj-w.cy m ,.Nilo, :venire mitigation. Whaz5 111;1A-of-way acquisition by a governmental amtcy such as li di= River County ca the State oi£ Florida from 2 commercial (iooiudes rtmlti- f•.unily) site t.411 result in a nonconformity related to setbacks, open space, stammerer nua*sagcurxt, puking, landscaping, or buffer width, or will malt in. en increase is the dome of such a noncontirmity that existed prior to the aequiaitior �, such nonmonfourdty or incscasc ill the degec of non avfmt dud] be allowed upau wove of a "cure plan" site plan. (a) . mire plata site plat: shall identify the following, 1. Slut design changes and sits improyeracits owe srry to a000nm roc tab right-0£-tvsy acquisition and reduce the degree of or mitigate the impacts of zionconfosrrtities. Such design changes aui itnprsve zi .nte may include but are not limited to part and drivrwsy additions and modifications, bed atri# and hard:A:ape improvements, landscape and buffer plat:dugs, riga zvkcaticorn.% and modifications, end st mnwaicr inanagarnent lye= Chang ss. 2. The pastic responsible for installing the cure pi= itaprrtyverneals, along. with tithtoframos for completion of the dumps and i rprc vrm►sute. (b) The cure plan site plau shall be tutu W by a document, in a for. approved by the Coady w rmy's oftaic; providing; mitten acknowledgment of one plass related resposisibilities by the parties involved in the neq aetion. (r•) Thr conummity development silrcctor or Vs &tip= is eethorix i to approve cute plan site plena & d way attach ap ruvnl conditions to mit= he; degree of or mitigate the inl,p241 of nonaonfornatics author ensue; implementations of the cure plan site plan. we ic, ulatiuts arc intcndra to titthetis4 non4;onftnrrditses resulting froish high:-c very uc..tuisitiona and provide .Pa CM plane used in conjunction with the right-of- ay acquisition process. Tlif•-se regulations ere nt:t:1nt=t3.c i to Carate Fahy obligations beyond those oblige3.ous addressed d i.. the rigls . f.way acqu1 itkvn yroecas. ATTACHMENT 1, P264 '_e: e1JitcIrtroLOG. Role ofpILlrtng Sat:: zoning commlcrihti its{i •.;evrtops corn_ r:1) The planning and zoning cult.rrissinr shell tw1 ea tho eeaiarlated local Darning agency'. t } Ti:!; planning end zoning commie/4e., of indla: a River County @hell /lave the power to reciVIe ►ed to to haat e coaly Gortrfieacrwets tercel de;ve!op nent regulations, ordinances, and wean.n(inten s to tend development rejuiations whiatr are dealpred to prrvntote orderly development gild Implement the Indian. Riots Courcy flornpre!lOreave Pliant. ;3) The p;rstning and zonas, cxirrvr istien etas.,", conalde: wteet r cc' rot rano propo.ed amendments to t'le ktdiarr Riva County Comprohorrelve Finn ere oanaieterc wth the 4relft grrewin management goats and oo(ect'rves of ti-ie county, and shall Make recommendations rasxasO'Ki nJ s, . arrendmer!'.a to the board oi count corrtr.ies!onrxs. (4,1 The planning tied zoning cc+mmissort shot amide- whether or test any proPDeed razon!ng requests are v).nsistrn: wan the Indten Rtvef County Crompreh>aaa,•,re Marr rind make roaorrmendadoas regar:s 61; rozaning.e to the board of co:nty commissioners. (6) The p'.nntling end roving commieseiort shell cons whethercr. ty..A specific propeeed dev+eaoprrfcrtte concert x ate prtnclpiees and requirements of the county's lend develaptnertt regruiaUorr. end the complettenalve Alen, shall maivri dedsions on development applications, end eh.q rruke tecarrr►andstlone to the board of county oo:nmicsror►ters based thereon. ;13) 'The planning and naming carr„nttst1rs strap, loom tie board of county cornrttivacrata end the general public informed enol ndtrlsesd on matters re reg to planning and development, (7) The planning end zontrs corrunhslort steal; c or,duot suet put hearings as may be qu1 ed !o goner such Infos mrcitxt fox the drafting, errebllshment and i einlanence of the vadoue communes or, the cernpre?imeatee plan, And auc7 rOtittonel puI kc hearings me ere sp ctfie;d timer the pm/felons of these land development regu'atiana. (e) Thu planning and zd,'ti~tg cxxnm(rskn strati review end make boctalona regardinq a; lira iani for prerf:r,inery pint and lie plan epr oyel, (S1 The pienrtstt1 and zoning cone neral n K'raii rerctve peildoos tor5poc;rl exc opt car uses; review Mese F+etitime. p,rrLUEr;i to the ttpr.Ccable special exoepdr n uPR. criteria; fbo.iw t',,.pi t at an advertised putt hearing; aro.1 r000nanwld 4preovei, opprovai watt condkions, or dental (;: the petitions to the board o' c- ur,ty 1.1.) . hr. planning and zoning commission 1h91! consider whetier proposed wirnln!Ftrstivr permit uses requiring plenntng anti zoning con-dation rrcvlow and approval *Worm to the epe lltt uae requirements end make dcoisiona related etereto. T; 1) The prig and roving crrnmissicn may recornmehd that the board of county comtnisei ors dm= Itis planning ata;' to Pndertaitte ape rdad.tujlee on the taenia+, condition ar.d sde quest of specific tsd'dler. lbw mss ixaudu, but are not limiterd to, stud:w on housing, mom:octal and irtdtttMal tecil!bee, $.Aske+ p ygtnunds, :*.ches and other: rec:etttonel !acid: , publta bulideems, public and polars ursi4ea. transprs:ta'lan, parfdng, stns drtve8oprnnrtt of regions! Impel (Nlti) applications. (t 7) The planning and z.onkrp commission of Indian P.tve; ()Minty .tsa0 hate the power to hew end decide apprats *two It Is all god there is arrest in any anter; requtreen nt, decision, or determination rrado by ar- adrnirtfstr etive astral In ine enforcement of than Ind development roguletions. The decision %f the planning and ror.Ing t or m titin le until unless appealed to the board of ooun r camerilaatoners. (13) The Omni: iD aryl zoring cornu:&.ion e<t:so int, m►n:, Mesa tared tiovo!opment reg ulattons at the request of the imnrnt:sty development direr or. (1 t) rho piann; nth and zcxtlttg commis-Aicn shell gem nrrr, any n,ner deers wheal, r,uiy b3 lawfuity &salved u is i5) Tor: oomr-„asion shat have and axutt:iw the. powers of the airport zr,;aing con atisalcn-i as sported in F.S. y under mita renriretertt sell said sexton and 1 ith the Code; of Indian river County. ATTWAM. NT 1 P265 {1z ; The c cools ooh shalt have ,i:d exercle :ars or the board d. adjustment, I:), aCC0rder:ae wiEti recbons 002..08 and 912.39. f:LCLtnit 971.Ota. nolo t+i' `...Lrd cr sdjusci"' I, 1) Ttr burrs O edjustmeat anal receive and egos ides applluatiu i terve:lances from the terms of the county's lend development r+egOrticwes and that! Aunt Kroh variances as will toot bo contrary to the public interest, puritans to the peceadsaes and reagtdlre nests of the sertence ee tion of the land development regularities. arcflon (:.) The boar.* :`'till have and exercise the poesy( speed hti F.. § 335.10, r>•htleg to 'ewe ; zaneg regulntkores, ender rules ecnslatent w th told sedan and ern Pie Coda of Indian !Ozer County. 'i he plan:n rig and zoning commission shay act ea the beard of addjustrasrs?.. Var:r.►saa. pwpaur end kern.", This section Is ereurbbshod to provide prat rouse for rrliVrIfevhng varlanoea by 117E braesd of adjust:wt A v-a;b nee rune with the land and Is a departure from the d!menslonal ca numaftel or oto technical requirement.* c' the lend development ref:ga on where such variance wti not be contrary b) bhe public Interest and w .trey oaring tc ov:idttiane pearlier b the property and not the reetet cf the actions of the eppOcent or hie predeceesore 1!t title, a literal enforcement of the land development reptatatbrs would nee Iii an unnecessary and undue hardship. !'2) Approvir,Q eirthcrfe. The board of itdjuetmenrt iR hereby au:totted to grant venences in aaxrd.'ertea w;as the prtsvls+ons u; C':ls sec►►„ion end tier errata conditions to variances granted. Type ;a! ywienrco to bti attdw.,d. The tourd of adjustment seen gave the ae::thaty to grant the for:olving va ris noes: (4) (ri) ("b) A mule :r c' :rn the yard area requi: etnerits of any zoning district where there are unusual end pori ei difficulties In entwine out hese previsions dui, to en Irreouksr Maps of the lot, topography, or otierr co idtticrts, provided such volution elli tiny adloin)ne property sur the generri Other technical variances MC ocaw when en owner o sutorae.d agent CSn shCrt, that o st1ct eppecelion cif the ienne of the lend derve;opincnt tesgutatis;n relating to the 140 of the lend will impose umlaut' and Milt's dift;dlttbh, belt not fees 9` rttsrzetery vel ae skins (c) Lie-mink:nue sett a t verb:mo . A dern;rgmus setback v riariae can be granted autornetia*1y rattle siatf !eve', under certeir circterisbinces, without beent appt el. 'MK apples In the Wowing drmnoittanaee where the setback. variance: 1. is fore atnicture property permitted where no tarrrt-txxard savoy was required; 2. Is for 0.5 feet or i&.s tresis die setback required et the time the structure wee cons(ructeadt or erected on dee she; and 3. Is fro ri p;opotty ra,eKs) which tiros not beers altered so as to cause or increaser the norexxdonelty, ►ti9ten aria are erg *Owed. 'e) Nc verieni shod; be granted With wauid permit the sstabiishment cr sxpsrraton ce a use in a zone or dis. ict In which such u50 Is rot gamed by these lend development rraaggulatior.s, or any dice exprees y or by Implication prohibited by the terra of tele land deVe;opiie!'lt regulations for said districl. No vatianeee she be granted *bleb would permit the establishment or expansion cl a *eche, extabption use In any stonin3 disteet without the treproviii required In the apec:rd exception section, and including ape 1fic land use o' tnrfe. Na vrelande si•er be granted which would peank the estabitshrrtont or expansion of a tae requiting e,". sadnZ !nletrst!v i permit trt any zoning district without tate ape +suoi required In the adminialistive parrot eecifon, and te.olui :ng spectfr !and use criteria (o) a MGHWt!T 1 P266 cI) No vetanodt shall be granter whith relates it may, vray i,, a r.oncorrferrSing Use, a :aopt es allowed atrt the rloneon?ormkies section. (r:) No valance shall be granted Whirci rnod"tTxeu ano" for of aineo within these lend deveiopmelt ',gut Wiens. (f) No vac/lance shah be panted wh ti would i:, are; way rosuit ; any inset{eu :lenity pts nut permitted in. me applirzble zoning district regulatcinh. Procedurva. �nht tri r�1 (di Kos properly owner may apply for a variance after e declslon by ties community developmesnt!+!:sector that an eridlatii,g property oondkion ora develoa'nent plvpcaef of such p ops iY owner does nutter, :ttpry With Abel pr+vienria crf t ht se land development raguistiorha. The :to sant trivet fie an application for a variance along with the appropriate ter payebte. radar}.^. River Coterty wi:h the ptannirtg ritvlalon. The application stall be in a form approved by the rx,ranwnir,r dse:are oprnntt director end shell contain the foflowmg information: Idontlfedir oar of the spociti provisions ethane land development regulations from which tronliance is trough:. 2. The range anti extent of the variance sought; en explanation why it Is neoesaa^,, re. -hi the bealr for the variance under section R02.09(3)(a) or (b). v. The croundti rcttrd upon to;uattfv the proposed varier -1m 4. A legal dee,u;Ow of the property, at copy of the weininfy deed for the property, and a detailed plot Wan el the property. On al prt-sed!!ngs held before the bated et letvtlri'aent, OA Watt of the pWrininn divleton &hail review the appli sSor. and filo a recommendation on each iter,,, Such recommendation shell be transmitted to the board uhr seahtal're^t prior to Errol action on toy tern before the board ^.f adJustrx!d, end shah be Nan ar tido ro wel of the application. ldt+tic a cif the variance, Ir. vrittrji, Owl be mailed by the plan ng division lo the owners of el lend with abate t e re rperty upon which a vane: .e is bought, et least men (7) der/ prior to the hearing. Tho pmpe. ty ru►pesiseta nedrire.s for srld owtxers, shall ba used ir, sending all such notices. The notion sheen contain, ihv mane of the app! ant for to wed:ince, a de>ecrifetiore of the fond sufficient to IdereU!y it, a description of the variance requested, a: wen as the ecite,'irate and pace of the hearing. (6 T av4wbythe turd oradtfustatart, (e) In order to authorize any va;ier:6e from kis barer of Mow land development legulatlartt, tfto board or ed;urirtwnt rhea determirne that the appikytion ix variance iii: complete, that the public hearing tsar; bare heard with too required te4CCe and that the opportunity has boon given tsar the azarleved parties to appear amt be !heard in persisn or be repreaerttero fry eat .norney at !aW, v c otter authorized retxe+koiitattere. The board of adius;rnent strap also find: thea WI ci the following bets exbit before granting a variance: That special conelltrole end o4ournarter nits! which aro petaali.e° tr, the lend, ecruetura, or building Involved, and wt:futr ere net applicable to ether lands, strJohree, or buildings h tiles soma zoning 2. Thea the special conclitkms and ofrourratences do not result from the ecticme of he .ppncent ca ii.ryitil nes ;of previous properhfowners. 8. 'lira: praritirtg the vufeatt ae request d wtil not confer on the applicant sof' spacial FrlsAislie that is fir reed by the regulation to other lands, bul;dlnpa, or 'Mortara in the same zoning district. ;. That item! interpretation of the provisions or the re,,ulel o iso t autd cleptiive.. the applicant of rigrhts rxvrimenlr &ljoyed by otherpropeniee In thea sting district under lila terMa of ii he Plitt--080cm ti::d Nrr;dd Constitute an urine:me a ty tams undue hardship upon the applicant. 6. That the variance printed le the rrrlr:imart necessary in otter to rnaitsv postale the reasonable uire or the 1an s, bar)<d?ng, or utvatdire. 3 ATTPXHMENT 1 P267 (b) fey 6. That to grading of the variance VI! be In harmony with ttte genera! purpose and Intact ot ici rTrc development reguiations,rand the ?caro River County Ctrrrrehunalve P'.un. That such vfa; tondo will not bo injurious to tww a urroundklg area o: otherwise be erurmebtaI L} tubitc welfare. 8. That the prupe'ty cannot be put tc' r reewnab:n vacs in a manor *'-,ich fu:ly compress with 1i'i+ requh grants of these land drve/oprne:7t reguladona. Trio fofiowing regulations aisa apply to the authottretIon of s variance: t+in nancontorrn'rg tiara of neighboring lands, encores, or buildings In the an zoning diebici s.td non -permitted uaa c'f Linda, atrt otursa, or butld!ngs Ir, ot}rsr rearing di ,i cts shall be cvrieidatarl grounds fol the Nt:r-tort::aldod elf a varfrirtoe. 2. fM application or request may be reheard cr reconsIdtared unless eu c herwlse directed by a earn at rcrnpeten: Juriadir:tion, or bribes new clrr.Airrustancee or int'ormarlon can be presented with, s roar aopUw tion. In granting any vartar!ne, the board at edjusAmeetltmay make thaetrt catratton of the varianoo conditional upcur such alternate and additional reetrictiana, stipulations and safeguartia as it essay dears necessary to enema fxrttpitence. wttb the purpose and Intuit of thle a ,,ser and aonelatency with the Aaiun R!ver County Camp itwawtwe Plan Violation of such CO: os, made a part of the terms aide; the var'anoe k "dad, shall be deemed a vLLlnt;on c( this chapter. Such conditions r stridors, stiputaSons, and sstagua ds may Include, but errs riot rrnkad les time which tie stn to +Mill the, variance ee s *might sl?aG be begun or completed or both; the establishment of smentng anditt buffering techt'iques; and provision for extensions or ranswaala. Ds st.n. The board of adjuatrrent what approve_, approve wird rionditons, Of deny the application. tutnlei ng me appIk e t a written statement d the reason far any Dental. A decision of the board at est tietrnrrt may be appealed to the beard of cv:rrrty axrtrnIsslorwn ea provided in section M2.O7(5). 4ENT 1 P268 AVOW 'd LV1 Z 1,.• ME r�.7_ 1. .38.' j x .....--_ 100. ..+.-.— Poa. .• _t• • • esyc,. ,• :.. , e4. S.a f :a rte F.4r�d�• i i;. r- 6.. N.- ' •. ;ri. itt 7 2 28 1,,'• ' .i7 i_ til ,. y 1�+cool:, `r tf !..). 3 -vr,.� . .s: ,.. i 3.1....if-..•e.r.,),:u, Ai ••Vw...G.r 3-- 1O C*. C PL...i ' - 100.20. (F.f,CA ,) J 3�r�t y, i':t0.ck . r irtic.NA� L ::, a.ctrd T P269 PLANNING AND ZONING COMMISSION There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, May 26, 2017 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th Street„ Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on the Indian River County welbtite amov.carn/BosrdWJPZC/2015. Present were members: Chairman Alan Polackwich Sr., District 2 Appointee; Patrick Oral', District 1 Appointee; hip Landers, District 3 Appointee; Dr. Jonathan Day, District 4 Appointee.; Angela b'Yaidrop, District. y Appointee; and Jorran Stewart, Member -at -targe. Vice Chairman Tadd Brognano, Member -at -Large, and Shawn Frost, non- voting School Board Uat n, were absent Also present was !RC staff: Bill DeBraal, Deputy Cou.n y Attorney; Stan Boling, Community Development. Director; John MC:oy, Chef of Current Development; and Lisa Carlson, Re -cording Secretary. pail to Order and Plodre of Al egience The meeting was called to order at 7:00 p.m. end aIi stood for the Pledge of Allegiance. Ac ctItions gnd Dele ions tQ tize Ar,�ncs There were none ADpraval of Minutes ON MOTION BY Dr. Day, SECONDED BY Mr. Grail, the members voted unanimously (6-0) to approve the minutes of the April 13, 2017 meeting as presented. Public HesrlrQs Chairman Polackwich read the following into the record: A. Rectues; by Hal S Martha McAdam for 5' Side yard Setback Variance for a Pool Enclosure on Lot 3, Block 1, Diana Park Subdivision. Located at 640 61x1 Avenue. Zoning: RS -5 (Residi ntiei Single -Family up to 3 units/acre). Land Use Designation: L-2 (Low PZC/ApprvirA May 26, 2017 F':1 CG' it .C.lm: ; ,05wsu'dT_�?017z".GENDA.S ?. miNUTESI.P.ZG oS2:t 7.tb' rr 1 P270 Density 2 up to 6 units.ac.,re). WAR -17-05-0'i i ! 92O8O1e5.7672X1 !Quasi -Judicial) Chairman Potackwich asked the Commissionere to reveal any ex -parte communication with the applicant or any conflict that would not allow them to make arz iinbiesed decision. The members staled that they had not had any ex - parte commun1cotion. The secretary administered the testimonial oath to those present who wished to speuik at tonight's meeting on this matter. Mr. Start Boi!;es, Community Development Director, explained that this is the first time that the Pienning & Zoning Commission (P&Z) wit! consider a variance request, a responsibility given to them after the Board of Adjustment (BOA) committee was sunsetted in 2015. He gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He discussed the history of variances in Indian River County and gave a brief overview srf how they work. He concluded that Land Development Regulations (LDR) were set up to anticipate a wide variety of situations and approval of thin variance could have county wide implications by setting a precedent. Mr. John McCoy, Chief of Current Development, continued the PowerPoint presentation by describing the variance process and outiining the eight criteria that must be met fora verlence to be warranted. He detailed the request by the Applicants, reviewed Stags evaluation of how the requeat failed to meet al! eight riteria, and reciarrrmendt d that the PB. ' Commission not grant the variance request. App!ioants Hal and Martha McAdams provided lettors of support for the variance from property owners living adjacent to the Subject Property. These letters are !abated Exhibit i, copies of which are on file in the Board of County Commissioners Office. They reviewed the history of the -Subject Pruperty and asked the commissioners for their consideration in approving the variance. Lengthy discussion followed between the commissioners with Staff clerify+ing several inquii1ea regarding LDR's and zoning change -s, including e.onsideraticn of whether or not an LDR change was an appropriate solution. ON MOTION BY Dr. Day, SECONDED BY Mr. Grail, the members voted (4-2) to accept staff recommendations on this Quaal-Judlcial matter. Mr. Stewart and Ms. Waldrop were the opposing votes. i'I::ll pprovtp:. 2 May 1151, 2017 r kli^,.CVJI t:omad�t;e t.EA?iia?G1i-A t NUAE.,. MI Jfl '7.0 0525 7.doc ATT;CiME1T 1 P271 Chairman Polaciswich read the following into the record: B. Cortsi{ oration of Land Development Regulation (LCD) Amendment to Chapter 92f., Establishing Prevision and Criteria for Reducing Landscape Requirements for Projects in Remote Agdauitural Areas [Legislative) Mr. Stan Boling, Community Development Director, reviewed infornatior regarding the proposed Uir d Development Regulation amendment and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Mee. He recommended that the Commission recommend that the BGC adopt the proposed landscape requirement ordinance. ON MOTION BY Dr. Stewart, SECONDED BY Ms. Waldrop, the member* voted unanimously (6-0) to accept stag` recommendations on this Legislative matter. Chairmen Polaclwich near the following Into the record: C. Consideration of Land Development Regulations (LDR) Amendment to Chapter 515 for Mixed Use Regulations Consistent with Propose:di Policy 5,6 Provisions fes: SREO ! 1RSC (Indian River State College) f,i a:ed Use Development [Leelsletive] Mr. Stan Boling, Community Development Director, reviewed information regarding the proposed Land Development Regulation arnendment and gave a PowerPoint presentation, copies of which are on file in the. Board of County Commissioners (BGC) NMce. He recommended that the Commission rccornmend that the BCC adopt the propoeed ordinance consistent with BCC action on tate proposed changes to Policy 5.6. Attorney Mr. Christopher Maine of Gould Cooksey Fennell, representing Vero 12 LLC and the Greenfield Trust which is the owner of the Subject Property adjacent to IRSC, spoke in favor of the proposed amendment ON MOTION BY Dr. Day, SECONDED BY Me. Waldrop, the members voted unanimously (6-0) to accept staff recommendations on this Legislative matter. r ZC Apprxneti .? Ms.,y .5, NAY Coi:Iathe OE VIf zi:tr'i :ti3; a'o�f;I *.,1;iif iFsTZC Q5:1.ti1l.Cu.- TT Wan P272 c_gmmissioner's Matters There wars none. Plannlnn Retell Mr. Stan Holing updated the commissioners on the status of the FPL Slue Cypress Solar Enelly Center and the Commercial Lot 13plit WR amendment that they recommended at the previous meetings. Attorney's Matters There were none. A dlou rnmerit There being no further business, the meeting adjourned at 8:39 p.m. PZWApprevec;4. May 25, :t017 FNICCANI CurnmittettAP&Zefii7--AGENCIAS & MINUTESIPZO 052517.doc ATTS•C fa EMT P273 Board of County Commissioners Meeting Minutes - Final July 11, 2017 codification; severability; and effective date. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc The Chairman called for a recess at 10:30 a.m., and reconvened the meeting at 10:41 a.m., with all members present. 10.A.4. 17-0674 Appeal by Hal & Martha McAdams of a Decision by the Planning & Zoning Commission to Deny a Side Yard Setback Variance of 5' Feet for a Pool Enclosure on Lot 3, Block 1, Diana Park Subdivision [VAR -17-05-01 / 92080125-78723] [Quasi -Judicial] Recommended Action: Based on the analysis, staff recommends that the Board of County Commissioners make a finding that the Planning & Zoning Commission adequately evaluated the variance application and uphold the Planning & Zoning Commission decision and deny the appeal. Attachments: Staff Report Appeal Letters Location Map PZC Staff Report with Attachments May 25, 2017 Approved PZC Meeting Minutes Each Commissioner, as requested by the Chairman, disclosed ex parte communications, site visits, or independent investigations. They also affirmed that they have an open mind and can base their decisions on the evidence presented and the applicable law. The Chairman opened the Public Hearing. The Deputy Clerk administered the Oath to all persons who wished to speak at the hearing. Community Development Director Stan Boling, in his PowerPoint Presentation, gave background, on the appeal by Hal and Martha McAdams for a variance request for a side yard setback variance of 5 feet from 15' to 10' for a pool screen enclosure on Lot 3, Block 1, Diana Park Subdivision, and the process of the appeal. He recapped a timeline for the particular place, stating the house was built in 1984 under R-1 zoning which required a 10' side yard setback; however, in 1985, the subject lot and subdivision was rezoned from R-1 to RS -3 which increased the setback from 10' to 15'. He continued that the pool and deck was constructed on the subject property in 1992, but no pool enclosure was proposed at the time. He pointed out that requests for variances were rare and that there had been a total of two in the last 10 years. The Planning & Zoning Commission (PZC) considered the request based on eight (8) specific criteria (must meet all eight) and took the action to deny. Director Boling Indian River County Florida Page 15 P274 Board of County Commissioners Meeting Minutes - Final July 11, 2017 concluded that both staff and the applicant agreed that the PZC did not fail under the appeal criteria to properly handle the request and was justified in its decision to deny the variance; however, the applicant wished to appeal before the Board. Director Boling pointed out that when the PZC looked at the particular application, one of their concerns was that the County -initiated rezoning action in 1985 created the situation, so as a follow-up to the PZC's discussion, staff included as an alternative, the possibility of an amendment to the LDR to grandfather -in setbacks for accessory structures attached to legal non -conforming structures that were a result of the County -initiated rezoning. Mr. Hal McAdams, 540 61st Avenue, displayed photos of the pool area where the pool screen enclosure would be placed with the setback at 15' as requested. He asked the Board for their consideration for a change in the Code for a request for a side yard setback variance of 5' feet for a pool enclosure. He offered copies of letters from their neighbors stating that they had no objection to a pool screen enclosure being placed with a setback variance of 10' feet. Director Boling and Mr. McAdams responded to the Board's questions on the variance request and setbacks. Mrs. Martha McAdams asked the Board for their consideration of a variance request and she pointed out that the screen enclosure would have been approved at the time the pool was built. R.J. MacMillian, Vero Beach resident, was sworn in and stated that he had sat on the Board of Variances for the City of Vero Beach and opined that the rules need to be changed. He felt that the application for variance request should be approved and in the future make it easier to get variances. Joseph Paladin, President of Black Swan Consulting, agreed with the applicants and felt the McAdams' should be granted a variance. The Chairman asked for any final arguments, ensured that all documents and tangible evidence were in the hands of the Deputy Clerk, and there being no further speakers, he closed the Public Hearing. Commissioner Solari stated the following reasons on why he voted to deny the request of variance: 1) the Eighth Criteria in the Indian River County Code; and 2) that the PZC followed the code. A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Solari, to find that the Planning and Zoning Commission adequately evaluated the variance application under the appropriate variance criteria and to uphold the PZC's decision to deny the request of variance. The motion carried by the following vote: Indian River County Florida Page 16 P275 Board of County Commissioners Meeting Minutes - Final July 11, 2017 Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to direct staff to prepare a Land Development Regulation revision allowing for non -conformity screen enclosure or accessory structure which was prohibited because of a County -initiated rezoning action and bring back to the Board for approval at a near future meeting. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc 10.A.5. 17-0705 Recommended Action: Ordinance Concerning Medical Cannabis (Continued from June 13, 2017 and June 20, 2017) [Legislative] The County Attorney's Office recommends that the chair open the public hearing and after taking public comment vote to deny the proposed ordinance. Attachments: Staff Report Ordinance Concerning Medical Cannabis Attorney Reingold referred to the draft Ordinance that would have regulated what was previously under Florida Statutes, described as Medical Cannabis in the same manner as Medical Marijuana. Subsequently, the Florida Legislation during its special session, passed and the Governor signed, a Bill that would provide local Governments with two options in regulating Medical Marijuana: 1) to ban Medical Marijuana Treatment Center Dispensary Facilities; or 2) allow them per pharmacy regulations. Since the legislation nullifies the proposed Ordinance, the County Attorney's Office recommends that the Board hold the Public Hearing to take public comment and after the public comments, vote to deny the proposed Ordinance. Chairman Flescher opened the Public Hearing. There being no speakers, the Chairman closed the Public Hearing. A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Solari, to deny the Proposed Medical Cannabis Ordinance, amending Chapter 315 (Pain Management Clinics, Controlled Substances and Medical Marijuana) of the Code of Indian River County to revise regulations and prohibitions of certain activities relating to low -THC and Medical Cannabis. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc B. PUBLIC DISCUSSION ITEMS 10.6.1. 17-0669 Request to Speak from Ardra Rigby and Bill Rigby Regarding Drainage and Sewer Services in the Wabasso Community Indian River County Florida Page 17 P276 PLANNING AND ZONING COMMISSION There was a meeting of the Indian River County (IRC) Planning and Zoning Commission (PZC) on Thursday, August 24, 2017 at 7:00 p.m. in the Commission Chambers of the County Administration Building, 1801 27th Street, Vero Beach, Florida. You may hear an audio of the meeting; review the meeting agenda, backup material and the minutes on the Indian River County website www.ircoov.com/Boards/PZC/2015. Present were members: Mr. Chip Landers, District 3 Appointee; Dr. Jonathan Day, District 4 Appointee; Ms. Angela Waldrop, District 5 Appointee; and Mr. Jordan Stewart, Member -at -Large. Mr. Patrick Grail, District 1 Appointee; Chairman Alan Polackwich Sr., District 2 Appointee; Vice Chairman Todd Brognano, Member -at -Large and Mr. Shawn Frost, non-voting School Board Liaison, were absent. Also present was IRC staff: Mr. Bill DeBraal, Deputy County Attorney; Mr. Stan Boling, Community Development Director; Mr. John McCoy, Chief of Current Development; and Ms. Lisa Carlson, Recording Secretary. Call to Order and Pledge of Alleaiance Mr. Bill DeBraal, Deputy County Attorney, called the meeting to order and all stood for the Pledge of Allegiance. Election of Chairperson Mr. DeBraal explained that in the absence of a Chairman and Vice Chairman, the members would need to elect a Chairperson for the evening. ON MOTION BY Mr. Landers, SECONDED BY Mr. Stewart, the members voted unanimously (4-0) to elect Dr. Day as Chairman for the evening. Additions and Deletions to the Agenda There were none. Approval of Minutes ON MOTION BY Mr. Stewart, SECONDED BY Mr. Landers, the members voted unanimously (4-0) to approve the minutes of the August 10, 2017 meeting as presented. PZC/Unapproved 1 August 24, 2017 ATTACH EtIT 3 P277 Item Not on Consent Acting Chairman Day read the following into the record: A. The Lakes at Waterway Village PODs M, N 0 & P: Request for preliminary planned development (PD) plan approval for 144 residential unit development to be known as The Lakes at Waterway Village PODs M, N, 0 & P. DiVosta Homes, LP, Owner. Kimley-Horn & Associates, Inc., Agent. Located at the northeast comer of 49th Street and 51st Court. Zoning District: PD, Planned Development. Land Use Designation: L-2, Low Density -2 (up to 6 units / acre). Density: 2.49 units / acre. [PD -17-09-06 / 2004010124-79639) [Quasi -Judicial] Acting Chairman Day asked the Commissioners to reveal any ex -parte communication with the applicant or any conflict that would not allow them to make an unbiased decision. The members stated that they had not had any ex - parte communication. The secretary administered the testimonial oath to those present who wished to speak at tonight's meeting on this matter. Mr. John McCoy, Chief of Current Development, reviewed information regarding the request for preliminary plan approval and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He recommended that the Commissioners grant preliminary PD plan approval for The Lakes at Waterway Village PODs M, N, 0 and P with the conditions listed in the staffs report. Staff proceeded to answer questions from the commissioners about the project. Representative for the Applicant, Mr. Daniel Sorrow, requested approval of the project consistent with staffs recommendation. ON MOTION BY Mr. Landers, SECONDED BY Ms. Waldrop, the members voted unanimously (4-0) to approve staff recommendations on this Quasi - Judicial matter. Public Hearing Acting Chairman Day read the following into the record: PZC/Unapproved 2 August 24, 2017 'i*",tx.'TIi' 3 P278 A. Consideration of a Proposed Land Development Regulation (LDR) Amendment to Chapter 904 (Nonconformities) [Legislative] Mr. McCoy reviewed information regarding the request for the proposed amendment and gave a PowerPoint presentation, copies of which are on file in the Board of County Commissioners (BCC) Office. He provided an overview of land non -conformities as well as the history of the County's LDR regulation and the goal of the proposed amendment. He recommended that the Commissioners recommend that the BCC adopt the proposed amendment to the nonconformities ordinance and along with Mr. Boling, proceeded to answer questions from the commissioners. Homeowners affected by the proposed LDR amendment, Mr. & Mrs. Hal and Martha McAdams, asked the commissioners to approve the staff recommendation. ON MOTION BY Ms. Waldrop, SECONDED BY Mr. Stewart, the members voted unanimously (4-0) to accept staff recommendations on this Legislative matter. Commissioner's Matters There were none. Planning Matters Mr. Boling advised the commissioners that there would likely not be a meeting on September 14, 2017 but that he expected to have one on September 28, 2017. Attorney's Matters There were none. Adjournment There being no further business, the meeting adjourned at 7:31 p.m. PZC/Unapproved 3 August 24, 2017 P279 ZONING *911.07 Regulation Unit A-3 A-2 A-1 RFD tc8-1T Minimum open space % of lot 802 802 803 50 50 iNanconfninning loth of record lawfully created prior to April 11, 1985 shall meet the RS -6 yard re- quirements Legally created lots of record existing prior to June 18, 1991, in the A-1, A 2, and A-3 districts may be developed for one single-family dwelling each, regardless of density; provided all other regulation and codes are satisfied. These lots must meet requirements of the RS -1 district for the size and di- mension criteria 2For propenes containing manmade from the open space calculation bodies of water, the open water area may be excluded entirely (e.g. excluded from gross area and from open space area credit). "Note: A one -foot additional setback is required for every one (1) foot in buildnng height over twenty-five (25) feet in building height. For example, a building or portion of a building that has a thirty -five-foot building height, as defined in the land development regulations, mast have an additional ten -foo . setback from any adjacent front, side, or rear property line to that portion of the building that exceeds twenty-five (25) feet in building height.. Maximum FAR (Floor Area Ratio): Retail trade 0.28 .PAR • Office, business/personal services, recreational, schools, institutional 0.55 FAR * Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-7, §§ 5, 28, 2-27-91; Ord. No. 91-48, §§ 13,14,12-4-91; Ord. No. 92-39, §§ 7, 10, 9-29-92; Ord. No. 93-29, §§ SC, 11B, 9-7-93; Ord No. 94-1, §§ 1B, 2B, 1-5-94; Ord. No. 95-10, § 8B, 5-31-95; Ord, No. 96-5, § 1(A), 2-27-96; Ord. No. 97-16, § 3(1), 6-6-97; Ord. No. 97-29, §§ 1, 5(A.), 12-16-97; Ord. No. 98-9, § 9, 5-19-98; Ord. No. 2000-004, § 2A, 2-15-00; Ord. No. 2000-026, § 3A, 7-18-00; Ord. No. 2000-038, § IA, 11-21-00; Ord. No. 2001-033, § 1, 10-23-01; Ord. No. 2002-016, § 1A, 4-2-02; Ord. No. 2002-017, § 1, 4-9-01; Ord. No. 2002-031, § 1A, 11-12-02; Ord. No. 2004-003, § 1,1-6-04; Ord. No. 2012-016, §§ 4, 7A, 7-10-12) Section 911.07. Single-famlly residential districts. (1) Purpose and intent. The single-family districts are established to implement the policies of the Indian River County Comprehensive Plan -for managing land designated for residential uses, providing single-family housing opportunities, and. ensuring adequate public facilities to meet the needs of residents. These districts are also intended to implement the county's housing policies by providing opportunities for a varied and diverse housing supply (2) Districts established. The fallowing districts are established to implement the provisions of this code: RS -2 RS -3 RS -6 RT -6 (3) Relationship with land use map. Single-family districts may be established in the following land use designations: Supp. No. 92 911/13 1 ATTASIMEIT P280 5 91L07 INDIAN RIVER COUNTY 0ODE ' ;Nonconforming lots of record lawfully created prior to June 18, 1991 shall meet the R3-6 yard requirements S In no case shall the density exceed the maximum permitted gross density. 8 Maximum building coverage for single -story detached single-family hollies in R8-6 and RT -6 is forty (40) percent. For purposes of this regulation, single -story homes shall not include any habitable floor area situated more than three (3) feet above the main ground floor elevation. Maximum building coverage for all other types of buildings is thirty (30) percent in RS -3, thirty-five (35) percent in RT -6, *Note: A one -foot additional setback is required for every one (1) foot in building height over twenty-five (25) feet in building height. For example, a building or portion of a building that has a thirty -five-foot building height, as defined in the land development regulations, must have an additional ten -foot setback from any adjacent front, side, or rear property line to that portion of the building that exceeds twenty -Sive (25) feet in building height. Maximum FAR (Floor Area Ratio): • Retail trade 0.23 FAR Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, §§ 15; 16, 12-4-91; Ord. No. 92-39, $ 11, 9-29-92; Ord. No. 98-8 § 28, 3-18-93; Ord. No. 93-29, § 5A, 9-7-93; Ord. No. 94-1, *Q 2C, 6B, 9A, 1-5-94; Ord. No. 96-5, § 1(B), 2-27-96; Ord. No. 97-16, ¢ 3(2), 5-6-97; Ord. No. 98-9, §§ 2B, 9, 5-19-98; Ord. No. 2000-004, § 2B, 2-15-00; Ord. No. 2000-026, § 3B, 7-18-00; Ord. No. 2002-016, §.313, 4-2-02; Ord. No. 2002-031, § 1B, 11-12-02; Ord. No. 2005-030, * 1, 9-6-05; Ord. No. 2010-001, * 1, 1-5-10; Ord. No. 2012-016, §* 4, 5, 7B, 7-10-12) Section 811.08. Multiple4amily residential districts. (1) Purpose and intent. The multiple -family districts are established to implement the policies of the Indian River County Comprehensive Plan for managing land designated for residential usee, providing opportunities for multifamily residential units and ensuring adequate public facilities to meet the needs of residents. These districts are also intended to implement the county's housing policies by providing opportunities for varied and diverse housing supply. (2) Districts established The following districts are established to implement the provisions of this chapter: RM -8 RM -4 RM -6 Supp. No. 92 911/16 T 4 SF 6,000 ,12,000 80 _ 7.000 70 7,000 12,000 70 imwan lot width feet 100 Minimum yard feet Front* 25 26 20 20 Aide* 16 16 10 10 Rear* 26 25 20 20 Maximum building height feet 85 85 86 36 Maximum building coverage percent of lot 25 30 30140* 35/40* Minimum open slice percent of lot 40 40 - 40 40 ' ;Nonconforming lots of record lawfully created prior to June 18, 1991 shall meet the R3-6 yard requirements S In no case shall the density exceed the maximum permitted gross density. 8 Maximum building coverage for single -story detached single-family hollies in R8-6 and RT -6 is forty (40) percent. For purposes of this regulation, single -story homes shall not include any habitable floor area situated more than three (3) feet above the main ground floor elevation. Maximum building coverage for all other types of buildings is thirty (30) percent in RS -3, thirty-five (35) percent in RT -6, *Note: A one -foot additional setback is required for every one (1) foot in building height over twenty-five (25) feet in building height. For example, a building or portion of a building that has a thirty -five-foot building height, as defined in the land development regulations, must have an additional ten -foot setback from any adjacent front, side, or rear property line to that portion of the building that exceeds twenty -Sive (25) feet in building height. Maximum FAR (Floor Area Ratio): • Retail trade 0.23 FAR Office, business/personal services, recreational, schools, institutional 0.35 FAR • Industrial, storage, wholesale/distribution, utilities, heavy repair 0.50 FAR (Ord. No. 90-16, § 1, 9-11-90; Ord. No. 91-48, §§ 15; 16, 12-4-91; Ord. No. 92-39, $ 11, 9-29-92; Ord. No. 98-8 § 28, 3-18-93; Ord. No. 93-29, § 5A, 9-7-93; Ord. No. 94-1, *Q 2C, 6B, 9A, 1-5-94; Ord. No. 96-5, § 1(B), 2-27-96; Ord. No. 97-16, ¢ 3(2), 5-6-97; Ord. No. 98-9, §§ 2B, 9, 5-19-98; Ord. No. 2000-004, § 2B, 2-15-00; Ord. No. 2000-026, § 3B, 7-18-00; Ord. No. 2002-016, §.313, 4-2-02; Ord. No. 2002-031, § 1B, 11-12-02; Ord. No. 2005-030, * 1, 9-6-05; Ord. No. 2010-001, * 1, 1-5-10; Ord. No. 2012-016, §* 4, 5, 7B, 7-10-12) Section 811.08. Multiple4amily residential districts. (1) Purpose and intent. The multiple -family districts are established to implement the policies of the Indian River County Comprehensive Plan for managing land designated for residential usee, providing opportunities for multifamily residential units and ensuring adequate public facilities to meet the needs of residents. These districts are also intended to implement the county's housing policies by providing opportunities for varied and diverse housing supply. (2) Districts established The following districts are established to implement the provisions of this chapter: RM -8 RM -4 RM -6 Supp. No. 92 911/16 T 4 ORDINANCE 2017 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRs); PROVIDING FOR AMENDMENT TO CHAPTER 904, NONCONFORMITIES; BY AMENDING SECTION 904.05 EXPANSION, INCREASE, OR CHANGE OF NONCONFORMITIES; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRs) CHAPTER 904, NONCONFORMITIES, BE AMENDED AS FOLLOWS: SECTION ##I: Amend LDR Section 904.05 Expansion, increase, or change of nonconformities; as follows: (1) Generally. No nonconformity shall be enlarged, increased, or changed to a different nonconformity, except upon a determination by the director of community development or his designee that the change results in lessening of the degree of the nonconformity. (2) Additions to nonconforming structures. Additions to nonconforming structures containing conforming uses shall be permitted, if the additions to the structure(s) comply fully with setback and other applicable site -related regulations. (3) Additions to, and development or re -development of establishments with site -related nonconformities. Additions to, and development or redevelopment of, structures on property with site -related nonconformities, where the structural additions and associated improvements do not warrant the submittal of a major site plan, may be permitted provided that such additions are in conformance with all applicable laws and ordinances of the county, do not create nonconforming uses or structures, and do not increase the degree of the existing site - related nonconformity. Where an addition or redevelopment proposal warrants the submittal of a major site plan application, all site -related nonconformities shall be terminated and brought into compliance with all applicable regulations of the county, with the following exceptions: (a) Site -related nonconformities pertaining to building encroachments into required setback areas, and (b) Site -related nonconformities created by public right-of-way acquisition. (4) Verifying post right-of-way acquisition status. Nonconformities, including nonconformities on single-family residential sites, created or increased in degree on a site by public right-of- way acquisition may be authorized by the community development director or his designee upon issuance of a letter verifying the post -acquisition legal nonconformity status of the site. Bold Underline: Additions to Ordinance Deleted Text from Existing Ordinance F:1Community Development\CurDev\Ordinances\20170rdinances12017 _ 904.05.docx 1 ATTACH ENT 5 P282 (5) ORDINANCE 2017 - Cure plan required for commercial and multi family sites where impacts of nonconformities created by right-of-way acquisition require mitigation. Where right-of-way acquisition by a governmental agency such as Indian River County or the State of Florida from a commercial (includes multi -family) site will result in a nonconformity related to setbacks, open space, stormwater management, parking, landscaping, or buffer width, or will result in an increase in the degree of such a nonconformity that existed prior to the acquisition, such nonconformity or increase in the degree of nonconformity shall be allowed upon approval of a "cure plan" site plan. (a) A cure plan site plan shall identify the following: (b) 1. Site design changes and site improvements necessary to accommodate the right-of- way acquisition and reduce the degree of or mitigate the impacts of nonconformities. Such design changes and improvements may include but are not limited to parking and driveway additions and modifications, pedestrian and hardscape improvements, landscape and buffer plantings, sign relocations and modifications, and stormwater management system changes. 2. The parties responsible for installing the cure plan improvements, along with timeframes for completion of the changes and improvements. The cure plan site plan shall be accompanied by a document, in a form approved by the county attorney's office, providing written acknowledgment of cure plan related responsibilities by the parties involved in the acquisition. (c) The community development director or his designee is authorized to approve cure plan site plans and may attach approval conditions to reduce the degree of or mitigate the impacts of nonconformities and/or ensure implementation of the cure plan site plan. These regulations are intended to authorize non -conformities resulting from right-of-way acquisitions and provide for cure plans used in conjunction with the right-of-way acquisition process. These regulations are not intended to create any obligations beyond those obligations addressed in the right-of-way acquisition process. f6) Single-family home non -conformities created by County -initiated rezoning. For a legally established non -conforming single-family home that became non -conforming due to a County initiated rezoning action occurring after January 1, 1980, a setback non- conformity may be extended for an attached accessory structure such as a screen enclosure provided such extension does not exceed the degree of setback non -conformity of the single-family residence. SECTION #2: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. Bold Underline: Additions to Ordinance Stakes : Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinanixs\2017Ordinancxs\2017 = 904.05.docx 2 ATTACHMENT 5 P283 ORDINANCE 2017 - SECTION #3: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #4: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #5: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the 18th day of September, 2017, for a public hearing to be held on the 3rd day of October, 2017, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Bob Solari Commissioner Tim Zorc Commissioner Susan Adams BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY The Chairman there upon declared the ordinance duly passed and adopted this day of , 2017. 13Y: Joseph E. Flescher, Chairman ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller Bold Underline: Additions to Ordinance Stri ee-tt+rough: Deleted Text from Existing Ordinance F:1Community DevdopmentlCurDev\Ordinances12017ordinances12017- 904.05.docx ATT CHME T 5 13284 ORDINANCE 2017 - BY: Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP; Community Development Director Bold Underline: Additions to Ordinance Strike -through: Deleted Text from Existing Ordinance F:1Community DevelopmontlCurDevlOrdinances120170rdinances12017 — 904.05.docx 4 ATTAVISAETAT 5 P285 Treasure Coast Newspapers TCPALM Indian River Press Journal 1801 U.S. 1, Vero Beach, FL 32960 AFFIDAVIT OF PUBLICATION STATE OF FLORIDA COUNTY OF INDIAN RIVER Before the undersigned authority personally appeared, Natalie Zoilar, who on oath says that she Is Classified inside Sales Manager of the Indian River Press Journal, a daily newspaper published at Vero Beach in Indian River County, Florida: that the attached copy of advertisement was published In the Indian River Press Journal in the following issues below. Affiant further says that the said Indian River Press Journal is a newspaper published in Vero Beach in said Indian River County, Florida, and that said newspaper has heretofore been continuously published In said Indian River County, Florida, daily and distributed in Indian River County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid or promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The Indian River Press Journal has been entered as Periodical Matter at the Post Offices in Vero Beach, Indian River County, Florida and has been for a period of one year next preceding the first publication of the attached copy of advertisement. Customer Ad Number Copvline PO # 463755 - INDIAN RIVER CO PLANNING DEPT 1756405 Public Hearing: October 3, 2017 Pub Dates September 19, 2017 Sworn to and subscribed before me this day of, September 25, 2017, by &azi who is Natalie Zoller (X) personally known to me or ( ) who has produced as identification. cuipl oime Karol Kangas r. �KAROL il r'unro t NoteyPut$cESta Florida f CommIssion J GG 126041 \'\ t. �f MyComm.ExpiresJul29,2021 I P;;,`,>•V. 6andedlhm*NalhndlblefAsrn, I Notary Public /O.A.1, T. 235- I J tax Deed Application Tax Deed Application , 1 2D Tuesday, September 19, 2017 'Demure Coast Newspapers �lOtice TOCreditors Florida Bar No. 0831182 3306 NE Su90rbl11 Avenue ((77212 11.8272 -70 exp Shone (772) 2614411-Fac0mi)0 Personal Representative: HENRY I. KLAAS. 11t. September 12 819,2017 TCN.17m00 bllc NOtkeS The Sebscal yastiay3n0 Nonlethal Alt. port fgiooall ef8%for DDbat announcesits Business Enterprise (DBE)) airport dpsiigan. planning and constructlorojects. the proposed for Inti rationale ppecti is ma n between 1000 080 and S:oo through errs. Monday Friday at the Sebastian Munidpal Airport Administrative Of e• es located at 202 Airport 1Drive958 faSebdaasytsian, from the date of this publication. Comments ,Il be ton the ed DBEwd0aoyns) r 45 from the date of thisubi- eaden and can be send to the following contacts: Scott BakDirector Sebastian Mcftm Ip0I Airport 202 Airport Dnve East Sebastian. FL 32958 0 -man: RBaker4Cit0Of5ebast 0 wig Danielle Gernert,Plan FS ironmental MM00000o TKDA- Airport Consultant Email: In the event any Innen dordelle.gernert@tkda.com derides snapped any decisionpect Publ'isk5eptember 21 oMOyyythe Board with rere55ttphh0��c[[t October 20. 2017 throw sideration orelating ChM rreessoolution at TCN 1755856 the dwoo.eferenced phb0c hearing, a record of the pro- ceeding ro- 000181 gmaybbe needed and m such e • need to ensue Nat a verbatim record M the public hearing is mode. which record Includes the testimony and evidence on which the appeal Is to be based. tIbIIG NOtkeS J notice, pursuant to Section 1973*32 Florida Statutes, of Its InteStatutes, to use 0e udform method of collecting no0-0d valorem assessments con• nleo0)ng In November. 2018, for assessments levied Mt in the Candy to fund the cost M providing certain abfe energy effi- ciency, bilih Inprwlnlents. Such nothad valorem assess• meas may be imposed only at the request of. and withthe consent of affected proper• t r Aowners in accordance rticle VI off the County Code of 0,4100 nes and Section 163.08. Florida Statutes. The Board will consider the adop• tion M a resolution stating Its intent to use the uniform method of collecting such assessments as authorized Section 197.3632. Florida O t7 l1le40A 0 ann ores soon thereafter may be heard. M the Commission Chambers. 2300 1firo0)0 Ave- nue. Fort Pierce. Naidt resolution will state the for the levy and will contain e MIMI description of the real AWpy of levy.uthect to the the proposed form of resolution. description the rprop- erty shbiect to the levy, Is on file at the Office of the Coun- ty 00 00 0)0n Attorney located FortPinFerce Florida 14982. All Interested are Invited to attend he pauper 17th pontic hear - on DISTRICT SCHOOL BOARD OF INDIAN RVE8 COUNTY, FLOR)DA At the District School Board b,wI00ss meeting held ))yyryry 25, 2017. the smat 5eho0 Board voted to hold a pubOc hearing to consider adoption M the following new po0- des, 014110.8)=re= to the Dlotriet Pprpesnpose:1 Purpose: Be ine.nConsistent M8. presentMe. an practice. new 00050 Me. tin and legislabated Non. Action IBoaated by: District School Board Acton Approved it M Dr. Mark 1- hoofs Superintendent Estimated (600600)0 hnpa088 Nath 8mpl .13 `b 1P0) 6334 , 1606,13 F,S polity otr - P tors for f Ban of `Fantme• tors/orConstruction Educational Facilities The pWIlettlewinow0lbdh ld 4110)rldg the Dis tbusiness ing on Tuesday. September 42017. at 6 pm at the 1A. Thorne. son Administrative Center, 6500 57th St, Veen Beach, Fl 329671n the Teacher on Center (7E0k The 0st date for filing a writ• ten objection h 5eghe do - (9, 2011. A copy of pro- o7dr dlagn is malkble website w Oro 0htrict 0850) r ww click on iwr• Boot 000 dick u Scrod Bond. . number IS 564.3749. Advice per Is decd given that if person ion ma a by e 80 decision made ty the Boal with respect to any matter considered1906.01 at such h 100410M� 0wil eudg7ssed a,, aaeamnnnddyfford s00 poi -Pose he/she verbatim record tlre eaf0e- ceedips Is made, which record achides the testimo- ny and evidence 11@gwhich the appeal is 10 0be based. aroe rid accommodation for this meeting may contact the chool District's American Disabilities Act Coordinator. at 564.3071 (TTY 5644507) at least 48 hors In advance of meeting. Publish September 19, 2017 TCN17541(3 Vrylmr*00000ey located 60 2300 TIE UNIFORM INTENT NENTNOU of G NONAD p8)0218n0 3499 81) Intercohd VALOREMASSESSMENTS AND the October 17th public hs are Invited to ear - NOTICE OF PUBLIC HEARING kg. DATED MIs 19th Day of Me- lly Order of the Clerk of the Board of County Commission- ers M 5t. Lucie CaNt1, Florida pWfoh: September 19, 26. October 3.&10,2017 TCN 1756 NOTICE OF INTENT TO USE THE UNIFORM METHOD OF COLLECTING NON -AD VALOREM ASSESSMENTS AND NOTICE Of PUBUc HEARINGS The Board of County Commis- sioners of 5L lucre Canny, Florida (Oro 'Board') hereby provides rptice. pursuant to Sector 197.3632. ilorida 0)05' utTs, of lb haunt ro use .nJorm me0 00 00000 lip tobele vdorem assessments 0oshe levied within 'pedal b00essme established districts G(-SADS") to hold k 58.000 000)0 ndd/or essential eclude services avis r ,00dde but are not limited to roadway dpotable waterwaste- water. -lie protection.9030.twaste- ing a. beach r street light - meat improvements rod beach mmuhhmes. commencing nnt servicnoomor 2018. A tlsf M the proposed or established SAPS p7can below. The Board will consM- er the clan M resolutions stating • m method M collecting such assessments as auth0 d eed by Section 197.3632 Flor- ida Statutes. at public hear - • on Ocmber 17, 2017 at am In the Commission Chambers. 2300 Wrglo1a Ave- nue, Fort Pierce, Florida Such resolutions will state the need for the levy and will contain legal description of the red property subject t0 the levy. Coporm of resd0tlon inducof the ting ed legal d000i tion of the reafRr09r- 0010400000000 1001. 600 0n Bleat Office of the Cono- The Board of County Cons• misslorrers (the `Board") M t. Lucie Canty. Florida the Camty`X acting e• of Palo Isoverning body of the L LLuucre County Sustain/Oil. ty ustai /Dfl- ty District, hereby pro.des in the event an/ person decides to appeal any ded- 0)00 by the Board with respect to any natter relating to the consideration of the resolu- tions at the above -referenced MINN hearings, a rerord0 bnc 040ik15 the proceeding may be need• ed and M such an event. such omsneed to enure Mat a verbatttI9iim record M the pubfic record includes the 1000is TH appealisistent be baseevidence on d leis the Mery 1. Came Creek 20500 • pro- posed • potablewater/fire post 2. protection North 20580 -- proposed • potable 3,, L80 rwood Park protection M590 • Propos led'• potable water/D0 arotMuum 258U - pr0p0sed - ootapk wa5R//ffue prottttion 5. North stewa 00 I0(M 6158U •wastewater 6. Property Clean -Up SAD - created -Fternedy Coda %%- lotions 7 Rainbow Drive 1 MUM • proposed • potabte water/fireg. Rai B. lib Che2MSBU-pro- re- wastewater m. Hammock MSBU-pro- yp00000HonpMable water/fire 10. Saba) Creek 20560 - pro - Posed potable watt//warm• 11. water ou0dand Drive 04080 - proposed - potable water 12. sIWages and Coun- Nysle a/ proposed - Inlrastructure related to paw Ion, drainage water sewer. sidewalks, and street iphts 13. Wide Waters 20561 -pro - potable 0Mer/flre pro- ton 1144cctt7iYates Road 20560 - pr0- p0 ,0d ' potablt a0,0/Bre DATED this 19th Day o/ Sep- tember, 2017. By Order of the CIMe of the Board of County Commission- ers of St. Luck Monty, Florida Pubfiste �f0er3Seepl per 19. 26. TCN 1756139 NOTICE OF PUBLIC HEARING NOTICE S HEREBY GIVEN that the Board of Canty Com- missioners of Ilan Myer Candy Floridashall d a public ,Caring at Much par. ties In Interest and citizens so erhave Iopportunity e (.00,18.. n the t00.00ly ComMssion Chambers of the County Administration Building located at 180127th Street, Vero Beall. Flo• da on nsesday. October 3. 1 m m 77 at 9,2 aconsid- eaddepd on of an ordinance: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (WR51 PR0- V101HG FOR AMENDMENT TO CHAPTER 904, NONCON• 880RMITIES,• BY AMENDING SECTION 904.05 EXPANSION INCREASE. OR CHANGE OF NONCONFORM)T(E5: AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS: CODIFICATION: 5EVER613I1I- TY: AND EFFECTIVE DATE. Said ordinance, If adopted. would allow a nen-eon0am- 09 single-family hors that became nonconforming de /010208)7 018010180.100) attics the ab1n17 to tare an attached accessory stmc- hoesuch tae wch es a screen endo- sure the consistent t setback of the home. A draft of the drooedupt Planning available office located 0 the moot• ty developr,am division on the first floor of the Coun- ty Administration Complex Bulldog 'A'. Anyone who 027 120 to pMea any dee)• sion, which may be made at this meeting. will need to ensue that a verbatim record of the ProceedinMis made, Which Includess• Moony and evidence won which the appeal is based. Pleasese• e direct tio0 planning-feint. o tlse o-4 neat development section at 226- 1237. ANYONE WHO NEEDS A SPE. GAL ACCOMMODATION FOR THIS MEETING MUST CON- TACT THE COUNTY'S AMER- �itblk NOtkeS (CANS WITH DISABILITIES ACT (ADA) COORDINATOR AT . 226.1223 AT LEAST 48 HOURS IN ADVANCE OF THE MEET. (NG. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS by s• Joseph E. Fleschr. Chairman T I�CNI 17564p065tember 19,2017 NOTICE Of APPUCAT10N FOR TAX DEED NOTICE IS HEREBY GIVEN THAT MR AS CST FOR (BURY FUND 2FI MC. holder M the following Certificate has frill said Tax Certificate fora Tax Deed t0 be Issued thereon The Certificate Number and Bal M h ertre,00d NNorre(s) In which It assessed are as follows: Certificate Number. 2014-3258 Ymeatai Issuance 14 12eMember 2017003070Descripption of P�puNy- FLORIDARIDGE SUB BLK 11 LOT 18 P8)393 740915Epprr0ppp0prttyy Add0ns CT 10 VERO BEACH, 88132962 Assessed Ta RONALD G ANDREWS an of the aboveroperty Is located in Wien Kw, State of Florida Unless 80 0dmt 01080 8 flcagcs, I wtt�eePPoopMO� d d�lbedio sods Certificate or certificates wilt be sold to the Niohlst Bidder online at: thaw.Fidhn Eivermallawleed.com on me lrel pay of OC the, 2017 at 1180 AM. JEFFREY R. SMITH Clerk of 0e Circuit Cant and Comptroller Indian River 00,009.881 : NOME TO PERSONS WITH DISABILITIES : If 1'00 ere a person M8. a dsabin)y who needs arty accamate in 0 order to barTng g, are ant 0018. e00 east t0 y016108)00 pmP5loe M certain assistance. Reese contact Caul Ay Club rive 258 NW . Port GIA Drive Suite 2(7. port SL Luck. FL 41986. m 4370 at least 7 can before your scheduled COM ppear0nce or sni- ▪ t upon once thihinot). i• ficaon If the time before the Schethan 7 days appearance ar e less than 7 can: I7w are hearing 00 00160 000tre4001) 714. NOTICE OF APPLICATION FOR TAX DEED NOTICESHEREBYG WEN THAT NORMAN FASHEK, holder of the following Certificate has filed said Tax Certificate for a Tax Deed to be Issued thereon vThe eer 00i ham a Numhbeg6arindp tion of property and Name(s) In which R is assessed are as fellows: Certificate Number: 2080-4412 Year of Issuance: 2010 File Number. 2017000347D Description m. OSLO PARK 500 040.2 B1K B LOT 10 POI 413 AOdress: 19 A SW 9000 BEACH, FL 32962 Assessed TO: WILLIAM fLISZAR, OLIVE FLI52A8 Ah of the above property Is located 0 Indian F6 erCanty, State of Florida Unless such certificate orcertificates stall be redeemed according to Lay. the Property described in such certificate or certificates will be sold to the Highest ndian 1i altexdeed.can dder online on the 0711, day of October 2017 at Tax Deed AppliCatbn J 1130AM. JEFFREY R. SMITH Clerk of the Circuit Cart and Compoller 6,18(0 BhM County. FL : NO1KETO PERSONSWRN ORA0I1711ES N you are a person Mth a dsabl0ty who meds 407 aaannada0on M order to participate M this proceed - you me entitled at no cost to you. to the provision of certam assistance. Please contact Cart Administration 250 NW Country Club Drive State 217. pat St. Lucie. FL 34986,772 aft 13n) at feast? days before your scheduled atrt appearance, or lmmedi• elIyy upon receiving this natl. Tic0Non if the time before the th 7dachedulayys d heappearance aring or voice impaired call 711. NOTICE OF APPLICATION FOR TAX DEED Nona IS HERE BY GIVEN THAT CAPITAL ONE CLTRL ASSIGNEE OF FIG 3241, ILC, holder M tIN following Certificate has filed said Tax Certificate ter a Tax Deed to be Issued thereon. y1y0e0 Certificate Plumberand 9)00 a pisrspupa�ncrrye. 018 d0laml`(0) asse ssed I• dh t is ed areas follows: Certificate Number: 2015-2730 Year of Issuance: 2015 File Number. 201700367D peer y: 10060 0)0 (0ARMS CO SUB INDIAN RIVER i IND RV FARMS CO SUB PBS 2 25W 550F E10AOF TR0LE55 N 300 FT BUTLER, RUSSELL. 0 REW ALL&l,100E5, POTTS R. W W 040 & ALSO ARADD AS IN KNOWN AS22 PARC gl0 AS IM OR BK 932 PG 2295 Property Address: 95010TH CT SW VERO BEACH, FL 32962 Assessed To: EDDIE JAMES WYATT All of the above 00reperty is located In Indan Meyer Candy. State of Florida Unless such certificate oreer0fIrates stall be redeemed according to Law, the Property described In sodh certificate or certificates WO) be sold to the Highest B idder online at wwwlndian rtverxealmxdeedea0 on the I71h day o1 October. 2017 at II:00 AM. JEFFREY R. SMITH Clerk of the C),0lfit Cast and COmptrtller 08(90 River Courbr, FL NOME TO PERSONS WITH DISABILITIES : If you are a person Mth a disability who needs mw acconmparticipate in MVOs proceed. Pig t you are entitled. at m LoCecontC pTrt 810000. mdoa 250 NW Country Club Drive Sate 217, Port St. Lucie, FL least dears beefore you 2 807 4371) acs 7e18 court appearance, or hmuneell- ateh upon ree&nh MIs lhde f on If tie time ore tat thansche7 y :lf appearance Is less than 7 damp 0I you are hearing1 or voicevoiceimpaired.impaired.call S1.. NOTICE OF APPLICATION FOR TAX DEED NOTICE IS HEREBY GIVEN THAT US BANK AS Cl/ST FOR MAGNOUA TC 1S, LLC, holder of the ldlowMgCertificate has filed said Tax Certificate for a Tax Deed to be Issued thereon. The Certificate Number and ear of Issuance, the dos,,) IBn wk�i Alit 9 assessed are e(as follows: Certificate Number - 2045.0444 Year of Issuance: 2015 File Number - 2017 004178 DescoDltion 02prpperty SEBASTIAN MGHLANDS 518 119)7 NO (0 016 253 LOT 17 eB1637G t't Property Addreic 62689008(0GE TER SEBASTIAN, FL 32958 Assessed To: RICHARD 1 LIVERS All M the above property Is located in Indian F6ver COlr*ty. State of Florida Unless NA:h certificate or certificates stall be redeemed according to Law,the Property described M wKh certificate orates II be sold to the e 500Highest Bidder online at www0ndian 17th my of October. deednorn 1 17 tt 11:00 AM, IEFFREY R. SMITH Clerk of the Chadt Cant and Comptroller Indian River County. FL : NOTICETO PERSONS WITH DISABILITIES : 1 Yppu are A Person with a Isom tr who needs arta 0, k)8000Tin on proceed- ing, P09. low �ro Ulreed, at no sion cost certain you Please contact Corot Administration 750 NTV County Club Drive Mute 217.2 Port it Lucie. FL Cloud 001000 you 08.018237 4370 at l�ided 00011 pDnrmncl, 00 kanob. ate upon he lime this too• flagon if 0e time save the scheduledua Is less thansdayryoaare hearing ormice iened call 711. NOTICE OP APPLICATION FOR TAX DEED N0110E IS HEREBY GIVEN THAT B05CGER FUND 1 (LC. holder of the fdlowicgo Certif• khas loedxCer- tificateforaTax Deed Issued thereon. The Certify tate Number and year of Ismu- ance, the desorption of Mops is arty and Name(s) In wo assessed are as hollows: Certificate Number 2014.2112 Year of Mane 2014 090 Number. 20(7000O13377��D [raa1E0VILLASU D 510N PBS 4 97,1071 & LOT 2 LESS THE 512. BLI(4 8 ALSO INC THE SLY 1/2 OF ABM 215T 5T ABUTT1146 SAID LOT I PER IRC RES D 2005095 P0,108, Addr,ss 208564 HAVE VE00 BEACH, 88132966 Assessed To: JOHN N KUEHNE KAREN L KUEHNE All of the above property Is located in Inman Myer County, State of Florida Unless 51073, certificate or 000Mficates shall be according to Law.the Property described in such certificate or certificates Biddewill he sold 0 the Hilliest li (1000.0 08m 0e, ore 3rd day of October, 2017 M 1180 AM - JEFFREY R.SMI2H Clerk th)he rt Circuit Caand 0dlp River County. FL NOTICE TO PERSONS WITH DISABIMTIES N you are a person witha eed, onY disability accommodation sablin order to particiopuate in this praceed- 0000 to Marc entitled. Md.Oasi000 0( eaf n 85Shtance. Pease 2250 Country Club Drivtact Court e Suite 217. Port St. Lucie. FL 34986, m 807 4370 at least 7 days before You schedded 0008001000009000,00h100018)' 0tel upon reedW�1p Nis!Inti' 4)016 n)0Cha Dmabcfom the sche7 day app oare is ring thou7e Repaiyou aro hea711. 0000)00 Repaired, NOTICE OF AFFIXATION FOR TAX DEED NOTICE 15 HEREBY GIVEN THAT A HOMEOWNERS TOUCH LLC, raiderfol- lowingCertificate1 the fol- lowing Certificate s filed said Tax Certificate Tax Deed to be Issued thereon. The Certificate Number an Iciaaileas Where local meets classifieds kargain Box 10 Gin Outage Indite defies good cond. 590 (7722199274 7167160E M10000. 12w/shell SS (7)266-4976 AUTO REPAIR MANUAL • Chiu• tons.'02-'89810,772283.5677 DATTE0I BACK-UP • computer Other Items 939. 7722E749N BW - sinngple, folding. clean 560,17721626.1741 BED TOAM- for king or n- depslo.(mW26-1741 bum SEAT COVER - trio canon S20,2721559-6985 � IE • BCH CAUSER 261204)88 hum men 840 7727134461 Otnen 26''04o (772))k71d3r1 0bch cruse. 26.(31 ,S40,(772)7191-5481 rgaln BOx J ISom)41 r26 -men o 27 348 L)Er. • R0. (P70710� 26.65pd BIKE • Schwinn extra tall 26' nice MO. (772)7134481 i0KE-sdrnimppnptaipatch 20' 820.(772)7(3-549l isIKELOCK - Lodz w/K0y.14ever Useds15. (772)870-0381 PaPol Oom0))S15.(n2)2i9�74 BUREAU • asseal mn28Y5667elth CABLE BIKE LOC( • Schools In never used 015,772)878-0381 CENTER CAPS MUG ' mom One MO. 5 Cg:1RSOS(()(d46'174( .like O 00)62Ba7U CIVIL WAR HARDBACKS - s3. (7770268-4976 COMPUTER - w/monitor Win dons XP S49, (7)287.8900 kargaln Box J CORNER CURIO CABINET - pis shelves 58S. 772)932.1617 CROTCHES - adlusteble,alim)• nam 010.072)16226-1741 bAYTIM ER • NEW In box with 0lendarS29. (m)287-8900 D ut EHUMIDIFIER • 99050. (� 3i 77 DINING MM SEE • Formica tap 4 chis leaf 835, (7)932.1617 PINING MM SET • Mrd oak leafs pads Saha 890.7532.1617 DISHWASHER • KENMORE/ qulet/whlte 569.112265-7420 b15NWA1669 • KENMORE/ doetAMt 860. (772)205.7410 DRESSER & W0808 Wht wide 0r. mirror HO, (77532-1617 END TABLE halfdrele,antque. 0x.8100. (772)2839677 8005im (mR8if� 830. (772)7944790 gain Box Place your ad* .(X aE0009 WS.98 EXPAND -IT HEDGE TRIMMER SIO, (772)7944798 E3PAND42, PRUNER S70,(7)794b7913 FAX • HP640.good 4 hone/sill office S15,272)905-8008 PENDIA RIOOT NU- 01404temo- ma 530, (772)559-6485 MANGERS - Over 100. Plastic S5. (772)878-0381 NION Eno 4 mugs - Cream 599 772-266.4976 ��y p807 55775,,E 07NtrPANELS 7i2pa299-479945'x 550. (772)97843811 works MICROWAVE -Whirlpool above range Mk 560, (77 )285.7470 O 0301 PLANE/TANK • 65 (7721266-4976 OVEN • Nmvme new 0 box, w/000er. 850, (77702034677 arank) Bent Path CHAIRS • (2) - plastic. like new. S15, (772)203.5677 PA130 DINING SET • 48. pls 4 chrs rattan 570, 772932-1617 P4 pad0ic10, 570, 7G SET 2.932 69170 PATIO OVAL TABLE • Glass tog 64x37020H 520, (7532-161 PATIO SETTEE - Wht dim 4 dna cot Cbl 535. 772932.1617 PROPANE TANKS • (3)all 930, (772)626-1741 MOCKING CHAIR antique lades. 0.c. MOO. 7283.5673 SHEET SET • queen, Valerie Bert. New. SIS (772)283.5677 SO88A TABLE -Moho sed wood marble 530. 7)972-1617 ready 525. (772)626.1741 r')C 0601E • Solid oak39' die In x card 825, (772)932.1617 TABLE'INCH •modem 099. (7721266-4976 rgaln Box Tdor ACOMA teS30) (172)51599.0990Dua NEW 5 TAIL 6TE5 - TACOMA eum NU 575.072559-6985 TENNIS MACOUET • TWIIson w/0a1e,9.0.530772283-5677 �K59rim535, 7d985 TORO GAS TRIMMER SRO. (172)/948743 TRUNK - metal footlocker 029. (772)626-1741 TV PSN MOUNT • adjustable 110. (772)5594985 VACUUM - Eureka upright bdns 125 (772)336-7449 VACWM • Kenmore =mister Wend, 525 m2)878-2806 WHEEL ADAPTERS 4. 9.894,5' NEW $75. (772559-6985 ivOOD100 fat. ( •772(28833.50 7s� WWII DVD SET IO • 510 (772)266-4976 Proposed LDR Amendment to Chapter 904 (Nonconformities) Board of County Commissioners October 3, 2017 Non- Conformities Overall • Site related Non -conformities • Use related Non- conformities • LDR goal to amortize Non -conformities • Generally, LDRs prohibit expansion of non - conformities 2 History • In 1985 and 1991, the County under took large scale county -wide rezonings • With the rezonings, the LDRs were amended to limit non -conformities, especially non -conforming platted lots of recorded. • LDRs were amended to allow smaller legally established non -conforming lots of record to use smaller setbacks. • Current LDR provisions address most issues created by the County wide rezonings 3 Background for Amendment • Proposed amendment result of variance application with unusual fact set. Conforming lot size with legally established home that did not meet new setback, proposed accessory addition using home' non- conforming setbacks. • May 25, 2017 variance denied by PZC but alternatives discussed • July 11, 2017, variance appeal heard by BCC, staff recommended denial of the appeal but suggested an LDR amendment to address the unusual fact set. • BCC directed staff to draft an LDR amendment. 4 Proposed LDR Amendment • Goal: allow extension of single-family home non- conforming setback for attached accessory structure where nonconformity created due to County -initiated rezonings after 1-1-1980. • Proposed LDR allows such additions, provided it does not exceed the degree of setback non -conformity of the single-family residence. • Typical accessory addition: Screen enclosure 5 PZC Action At its August 24, 2017 meeting, the PZC conducted a public hearing and considered the proposed ordinance. The PZC voted 4-0 to recommend that the BCC adopt the proposed ordinance 6 Staff Recommendation That the BCC adopt the proposed amendment to the nonconformities ordinance. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Reza Torkaman ADDRESS: 470 12th Pl., SE PHONE: 772-501-5365 SUBJECT MATTER FOR DISCUSSION: Utility Policy on tenant non-payment IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? x Change Policy YES YES x NO NO ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? YES x NO Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: October 3, 2017 Document2 P286 I0•Ba2. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.07(2): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Ardra Rigby and Bill Rigby ADDRESS: 8465 59' Avenue PHONE: 772-501-4753 SUBJECT MATTER FOR DISCUSSION: Demolition of Property at 6345 85th Street IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? IS THIS AN APPEAL OF A DECISION WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? YES YES x x NO NO Delay Demolition while efforts are made to restore structure ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? x YES NO Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered x Phone COUNTY ADMINISTRATOR: Jason E. Brown MEETING DATE: October 3, 2017 Document2 P287 0170000-OEOO-I0000-ZE-6E-I £ 1]]HIS H158 SVE9 z z 0 z rn T#AIHdOHd 1 2'7-I �Z.fai-2. 2$-T -3 CD W u, Lii H = V' -T N rn m H pea -r-5 V 31W r� V 1 M roo F r W H ( H N rn rn H CD W /- `I V' ,+ 00 v W H CJ) -IT N m m H 72.1- 10 17z8l- II �j 2-$51,- 13 //' r- / / �� T^ COUNTY ADMINISTRATOR MATTERS INDIAN RIVER COUNTY MEMORANDUM TO: The Honorable Board of County Commissioners THRU Jason Brown County Administrator FROM: Suzanne Boy Human Resources Director DATE: September 25, 2017 SUBJECT: Collective Bargaining Agreement between Indian River County and the International Association of Firefighter's, Local 2201 The collective bargaining agreement between Indian River County and the International Association of Firefighter's Local 2201(IAFF) provides for a wage reopener to negotiate a general wage adjustment for the second and third year of the agreement /FY20I7/18 and FY3018/19\. The parties met on several occasions to negotiate a wage adjustment for FY2017-18. Tentative agreement was reached on August 17, 2017 to provide a 2.5% general wage increase effective the first full pay period in October. This wage adjustment would increase the minimum and maximum of the pay plan for each IAFF represented position. The proposed agreement was submitted to the IAFF membership and ratified by the Union on September 22, 2017. The 2.5% wage increase is presented to the Board of County Commissioners for approval. FUNDING: Funds are budgeted and available in the Emergency Services District budget (Fund 114) to provide for the recommended wage increase totaling $465,557 including benefits. RECOMMENDATION: Staff respectfully recommends approval of a 2.5% general wage increase for employees represented by the International Association of Firefighter's, Local 2201 effective the first full pay period in October 2017 and requests the Board authorize its Chairman to sign the amendment to Article 34 — Salaries of the collective bargaining providing for the general wage increase. ATTACHMENTS: Proposed Amendment to Article 34 - Salaries of the Agreement between Indian River County and the International Association of Firefighter's, Local 2201 to include Exhibit A. P288 FIRST AMENDMENT TO OCTOBER 1, 2016 COLLECTIVE BARGAINING AGREEMENT THIS FIRST AMENDMENT by and between INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT, hereinafter referred to as the "County", and the INDIAN RIVER COUNTY FIREFIGHTERS/PARAMEDICS ASSOCIATION, LOCAL 2201, IAFF, hereinafter referred to as the "Union". WHEREAS, effective May 16, 2017, the parties entered into a Collective Bargaining Agreement, hereinafter referred to as the "Agreement", for the period October 1, 2016 through and including September 30, 2019; and, WHEREAS, Article 34, Salaries, provides for bargaining unit employees to receive general wage increases, step increases, and lump sum payments, if any, mutually agreed to by the County and the Union. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree to amend the Agreement as follows: 1. Article 34, Salaries, shall be amended as set forth in Exhibit "A". 2. The remaining terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date below written. INDIAN RIVER COUNTY INDIAN RIVER COUNTY FIREFIGHTERS/ EMERGENCY SERVICES DISTRICT PARAMEDICS ASSOCIATIOHN, LOCAL 2201, IAFF By By Joseph E. Flescher, Chairman John O'Connor, Union President Date Ratified by the Union on the day of September 2017 Jason E. Brown, County Administrator Attest: Approved as to form and legal sufficiency: Jeffrey R. Smith Clerk of the Court and Comptroller By: Dylan T. Reingold, County Attorney Deputy Clerk P289 ARTICLE 34 SALARIES 34.1 Upon receiving Firefighter certification, Paramedic I will be placed in the Dual Certified pay scale, effective the first day of the next 28 -day cycle. Upon becoming Firefighter certified ALS personnel will be converted using a 52.5% rate. They will be placed in the step plan based on their years of service. In the event that the converted pay rate is higher than the step they are placed in, their pay will remain at the converted rate until such time that the range or their subsequent step increase is greater than the converted rate of pay. New hires who possess only firefighter certification and do not possess paramedic certification will be hired in at $2,000 below the entry level for a dual certified positions and will be required to become dual certified within 12 months of hire. Upon attainment of dual certification, their pay will be increased to the entry level rate for a dual certified position. 34.2 Bargaining unit employees will be provided wages as follows: A. 4 -For Fiscal Year 2016-17, effective October 14, 2016, which is the first full pay period in October, all bargaining unit employees shall receive a 3% general wage increase (except single certified probationary employees whose pay shall be adjusted to remain at $2,000 below the entry level for a dual certified position). The general wage increase will adjust the minimum and maximum of the respective pay plan. AB. For Fiscal Year 2017-18, effective the first full pay period in October, all bargaining unit employees shall receive a 2.5% general wage increase (except single certified probationary employees whose pay shall be adjusted to remain at $2,000 below the entry level for a dual certified position). The general wage increase will adjust the minimum and maximum of the respective pay plan. B. C. For Fiscal Years 2017 18 and 2018-19, the parties mutually agree to reopen this section and collectively bargain future general wage increases and pay scale P290 adjustments for the remainder of the term of this Agreement. Such negotiations shall commence on or before June 15th of each year, unless the parties mutually agree to a later date. DG. Effective the first full pay period of April 2017, April 2018, and April 2019 all non - topped out bargaining unit employees, except new hires who have not attained dual certification, will proceed to the next step of their respective pay plan. Topped -out employees shall receive a $1,000 lump sum payment not added to their base pay to be paid in the first full pay period of April 2017. Topped -out employees shall receive a $1,000 lump sum payment not added to their base pay to be paid in the first full pay period of April 2018. Topped -out employees shall receive a $1,200 lump sum payment not added to their base pay to be paid in the first full pay period of April 2019. New hire employees, who have not attained paramedic certification as of the first full pay period in April 2017, will not advance to the next step of their respective pay plan until paramedic certification is attained (not to exceed 12 months from date of hire). This new hire provision will also extend to new hires in April 2018 and April 2019 who have not attained paramedic certification as of the first full pay period in April of each year. Upon attainment of paramedic certification, their pay will be increased to the entry level rate for a dual certified position and the employee will receive the step increase effective the first full pay period following attainment of the paramedic certification. 43E. Step moves, cost -of -living increases, general wage increases, pay scale adjustments or lump sum payments, if any, after September 30, 2019 shall be established through collective bargaining for a successor Agreement. EF. In the event of promotion, the employee shall move to the same step of the pay plan for the higher rank on the first day of the pay period nearest to the date of promotion. In the event the same step of the pay plan does not exist for the higher rank, the employee shall move to the lowest step of the higher rank and shall not be eligible to receive the first subsequent step increase provided in 34.2 G. 34.3 The County shall indemnify, exonerate, and save harmless the Union from any claims P291 and/or judgments against the Employer and/or Union based upon the application of the FLSA 207(k) exemption. The Employer shall give written notice to the Union by registered mail addressed to the President of the local of any claim, action, suit, or proceeding brought by an employee, person, firm, or corporation against the Employer based in whole or in part based upon the application of the FLSA 207(k) exemption. The County shall defend the said claim, action, suit, or proceeding against the County or against the Union at its own cost and without expense to the Union. 34.4 Employees who retire under regular FRS guidelines after the termination date of this agreement but prior to the ratification of a new agreement will be eligible for retroactive payments calculated in the same manner as other bargaining unit employees. P292 12. k L INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown, County Administrator THROUGH: Stan Boling, AICP; Community Development Director THROUGH: Sasan Rohani, AICP; Chief, Long -Range Planning FROM: Bill Schutt, AICP Senior Economic Development Planner, Long Range Planning DATE: September 21, 2017 RE: Consideration of ACS Financial, LLC's Request For a Local Jobs Grant (File #2- 2017) It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its meeting of October 3, 2017. DESCRIPTION AND CONDITIONS As part of the County's initiatives to improve the local economic base, a package of economic development incentives designed to attract targeted businesses to the county and to encourage existing businesses to expand their operations within the county was established in 1996. Included in that package of incentives was a local jobs grant program. That program, which was revised by the Board of County Commissioners in October 2000, December 2006, and March 2009, provides a financial incentive to businesses that create good paying, full-time jobs in Indian River County. Recently, a local jobs grant application was submitted by ACS Financial, LLC. For reference purposes the applicant is referred to as "Company". Consistent with state law confidentiality allowances, Company submitted its local jobs grant application with a request that its business name, related identifying information, and the specific salaries remain confidential as part of the local jobs grant application review process. Since review by the EDC, Company has provided written authorization that its name and address may now be publicly shared. Company is a tax resolution company wishing to expand its existing Indian River County 1 P293 headquarters. Services offered by Company are listed within Attachment 1. As proposed, the expansion will bring approximately 30 new jobs to the county. To be eligible for the County's Local Job Grant Program, an applicant must create at least 5 new jobs, and those jobs must pay wages equal to or greater than 75% of the county's average annual wage. Currently, 100% of the average annual wage is $39,390. Seventy-five percent of that average annual wage is $29,542.50. All thirty of the proposed jobs meet the minimum wage requirements for the job grant application. Based upon proposed wages and jobs, Company is eligible to receive up to a $136,000 jobs grant. On September 19, 2017, the Economic Development Council (EDC) reviewed the local jobs grant application. Although a quorum was not present, the EDC voted by consensus to recommend that the Board of County Commissioners approve the proposed jobs grant of up to $136,000 (see Attachment 4). The BCC must now consider approving the proposed jobs grant of up to $136,000. ANALYSIS Company Company is planning to expand its existing headquarters within Indian River County and create 30 new jobs within the county. As a headquarters for a financial services business that serves a majority of clients outside the area, Company is considered a target industry. All thirty proposed jobs exceed the minimum annual wage requirements under the Indian River County Local Jobs Grant Program. Due Diligence As part of the process of evaluating a local jobs grant applicant for participation in the County's Local Jobs Grant Program, County staff and Chamber of Commerce staff conduct research on the company, its officers, and its agents. As part of the due diligence process, actions taken include: • Conducting a general internet search for applicant company and its officers using key words such as, but not limited to, "foreclosure", "lawsuit", "crime", "criminal", and "defendant"; • Checking the Florida Department of State Division of Corporations website for corporate registrations and liens; • Searching County official records for tax liens, judgments, and pending litigation; • Using Public Access to Court Electronic Records (PACER) to search for federal civil and federal bankruptcy actions; and • Other searches as needed 2 P294 Because Company is new, a Dun and Bradstreet credit/financial report was not pulled and was not evaluated for this company. As with all local jobs grant due diligence activities, staff focuses its due diligence research on the main sources of data readily available. Based upon this research, and an evaluation by the Chamber's project review committee, Company appears to be financially sound and appears not to have significant legal problems that might raise concerns for providing the company with public funds through the Local Jobs Grant Program. Under the jobs grant program, public funds are expended only after performance is verified (new jobs created at adequate wage levels). Local Jobs Grant Eligibility Review ➢ Industry Classification of Business To qualify for the County's Local Job Grant Program, a company must be one of the county's targeted industries. Under the County's target industry list, Company qualifies for the jobs grant program under the "Financial/Professional Services — Corporate/Regional Headquarters" category. ➢ Job Creation Threshold As structured, the county's jobs grant program provides $3,000 for each new position created that pays from 75% to 99.99% of the County's average annual wage; $5,000 for each new position created that pays from 100% to 149.99% of the County's average annual wage; and $7,000 for each new position created that pays 150% or more of the County's average annual wage. Currently, the County's average annual wage is $39,390. It is anticipated that Company will create 30 new jobs in Indian River County. All proposed jobs will exceed the minimum job grant qualification of having wages that are above 75% of the County's average annual wage ($29,542.50). Grant Calculation The following table indicates the number of proposed jobs in each wage category and the amount of job grant associated with that wage category and the total jobs grant amount. Category Qualified Jobs Amount per Job Total 75% of county average wage 16 $3,000 $48,000 100% of county average wage 5 $5,000 $25,000 150% of county average wage 9 $7,000 $63,000 Sub -Total Grant Amount 5136,000 3 P295 Jobs Grant Agreement If the Board of County Commissioners approves Company's Local Job Grant Application, a local jobs grant agreement will be executed between the County and applicant company. That agreement will stipulate various requirements, including that: • The grant will be payable over a three year period by phase. • Company will provide copies of its quarterly reemployment compensation reports (RT — 6 forms) to the County so that the County can verify that the number of jobs and wages claimed for each local jobs grant payment level is being provided. • Company will supply documentation to the County showing that employees reside within the County or in adjacent counties. • Company's Indian River County location is the "company headquarters". • Company's services are business to business. • . A majority of Company's clients will be located outside of the area. The agreement will also include automatic termination provisions that are dependent upon performance (or lack thereof) by Company. Under those provisions, automatic termination will occur either on the date the County has made the last jobs grant payment, or upon failure of Company to meet the minimum of 5 jobs hiring deadline, or upon failure to provide quarterly reports for a period of three years. Funding &Proposed Payment Schedule If approved, the local jobs grant will be funded from County General Fund contingencies taken from three separate County fiscal years starting in County fiscal year 2018-19. The following table indicates the proposed grant funds to be distributed to Company by fiscal year. FY Proposed Job Grant Payments 2018-2019 $45,333.33 2019-2020 $45,333.33 2020-2021 $45,333.34 Total $136,000.00 The proposed payment dates and payment amounts stated will vary, depending upon actual performance by Company. Since there may be unanticipated delays in hiring new employees, an allowance for an administratively approved extension of up to one year will be included in the jobs grant agreement. That allowance could shift grant payments out by up to one year. 4 P296 CONCLUSION Based on the analysis conducted, staff has determined that Company qualifies for a local jobs grant of up to $136,000. RECOMMENDATION The Economic Development Council and staff recommend that the Board of County Commissioners: 1. Approve a local jobs grant of up to $136,000 for Company, and 2. Authorize the chairman to sign the Jobs Grant Agreement for Company after approval of the agreement by appropriate county staff and the county attorney's office (draft agreement attached). ATTACHMENTS 1. Tax resolution services offered by Company 2. Jobs Grant Application (on file in Planning Division) 3. Draft Jobs Grant Agreement 4. Portion of Draft September 19, 2017 EDC Meeting Minutes F:\Community Development\Users\EDplannr\INCENTIVES & FUNDING\JOBS GRANT PROGRAM\ACTIVE JOBS GRANTS\Confidential Company 2017-2\Agenda Items\BCC agenda item - ACS Financial.doc 5 P297 Tax resolution services offered: • IRS Audit Defense • Wage Garnishment Resolution • Lien/Levy Removal • Offer -In -Compromise Settlements • Payment Plan • Penalty Abatement • Innocent Spouse • CNC Settlements • Personal Income Tax Return Preparation • Corporate Income Tax Return Preparation • Comprehensive Tax Planning • AMT (Alternative Minimum Tax) Planning • Business Payroll Tax Planning Bookkeeping F:\Community Development\Users\EDplannr\INCENTIVES & FUNDING\JOBS GRANT PROGRAM\ACTIVE JOBS GRANTS\Confidential Company 2017-2\Agenda Items\Attachment 1.doc 1 Attachment 1 P298 Jobs Grant Application On File In The Planning Division 1 Attachment 2 P299 JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY AND ACS FINANCIAL LLC THIS INDIAN RIVER COUNTY JOBS GRANT AGREEMENT ("Agreement") is made as of the 3rd day of October, 2017 (the "Effective Date") by and between Indian River County, a political subdivision of the State of Florida, by and through its Board of Commissioners, hereinafter referred to as COUNTY, and ACS Financial LLC, a company authorized to do business in the State of Florida, hereinafter referred to as COMPANY. BACKGROUND RECITALS: WHEREAS, it is the policy of COUNTY to stimulate economic growth in COUNTY by either attracting new businesses to COUNTY or by encouraging the expansion of existing businesses within COUNTY; and WHEREAS, the creation of new employment opportunities for residents of COUNTY and the increased tax revenues resulting from such business expansions or relocations within COUNTY is beneficial to the local economy; and WHEREAS, COUNTY has determined that offering a Jobs Grant Program encourages businesses to expand within or new businesses to locate in COUNTY and thereby creates new employment opportunities for the residents of COUNTY; and WHEREAS, COUNTY, through its Board of County Commissioners, has created a local Jobs Grant Program; and WHEREAS, COMPANY currently has 14 full time employees employed within Indian River County, and WHEREAS, COMPANY, in accordance with the COUNTY's Jobs Grant Program criteria, is an Expanding Business that will expand its business in COUNTY to create 30 additional full time jobs which pay at least 75% of COUNTY's average annual wage level; and WHEREAS, COUNTY has determined that COMPANY is eligible to receive a Jobs Grant; and WHEREAS, COMPANY acknowledges that this Agreement shall be based upon compliance with COUNTY Jobs Grant Program requirements; and, WHEREAS, COUNTY finds and declares that it is in the public interest to award a Jobs Grant to COMPANY pursuant to the terms of this Agreement. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties do agree as follows: 1. Definitions. As used in this Agreement, the following terms shall mean: -1- Attachment 3 P300 a. "Adjacent Counties" means Brevard, Osceola, St. Lucie, Okeechobee, and Martin Counties. b. "Annual Wage" - includes salary, bonuses, and commissions. c "Default" - failure to comply with the terms of this Agreement. d. "Expanding Business" — shall be defined as a business expanding its operation over and above its base employment amount at the time of jobs grant approval by 5 or more new jobs to employ 5 or more new full-time employees in the COUNTY within the term of the Grant. e. "Full-time Equivalent Job" - shall be defined as a position that is scheduled for at least 35 hours per week. f. "Indian River County Average Annual Wage" — shall be defined as the average annual wage per job in COUNTY as determined by Florida Agency for Workforce Innovation, Labor Market Statistics Center, Quarterly Census of Employment and Wages Program, in cooperation with the U.S. Department of Labor, Bureau of Labor Statistics. Currently, the COUNTY's average annual wage is $39,390 (effective January 1' 2017 for the state QTI Tax Refund Program). This dollar value shall be used for the duration of this Agreement for determining local jobs grant incentives. g. "New Business" — shall be defined as a business establishing 5 or more new jobs to employ 5 or more new full-time employees in the COUNTY within the term of the Grant (as such term is hereinafter defined), provided that such business first begins operations on a site in the COUNTY clearly separate from any other operation owned by the same business. h. Commencement Date" — the date that the COUNTY begins tracking qualifying jobs for potential local jobs grant payments. Such date shall start on one of the following dates: January 1St, April 1st, July 1st, or October 1st of a year agreed to by COUNTY as established within this Agreement or as otherwise modified in accordance with this Agreement. i. "Qualifying job" — a full-time equivalent job having an annual wage equal to or greater than 75% of Indian River County's Average Annual Wage. Such jobs must be filled by people who live in COUNTY or Adjacent Counties. "Quarterly Reemployment Compensation Report (RT -6 form)" — Form from the Florida Department of Revenue that businesses in the state of Florida must complete and submit to the state on a quarterly basis. Information collected on the form includes the names of employees, their social security numbers, and the gross wages paid to each employee on a quarterly basis. The information is used for reemployment compensation should employees cease to be employed. For -2- P301 purposes of this Agreement, this definition shall also include other similar COUNTY approved certified forms from COMPANY or COMPANY's professional employer organization. k. "Relocation of a business" — a business relocating to COUNTY and employing 5 or more full-time employees in the COUNTY. 1. "Target Industry" — An industry identified within the Target Industry List of the Economic Development Element of COUNTY's Comprehensive Plan (Policy 2.5 of the Economic Development Element). 2. Term; Termination. This Agreement shall be effective as of the date of this Agreement stated on page 1 and shall automatically terminate after one of the following has occurred (whichever occurs first), unless terminated earlier by COUNTY because of a Default by COMPANY. a. COUNTY has made the last payment to COMPANY; b. COMPANY did not employ a minimum of 5 new Qualifying Jobs by the Commencement Date, as may be modified; or c. COMPANY failed, for a period of 3 consecutive years (12 quarters), to provide required Quarterly Reemployment Compensation Reports (RT -6 form) to COUNTY. 3. Grant Eligibility; Payment Schedule. a. COMPANY will be eligible for total Jobs Grant Funding (hereinafter a "Grant") in an amount of up to $136,000. COMPANY acknowledges and agrees that the initial Grant under this Agreement is payable on a re -imbursement basis. The number of jobs estimated to be provided is listed below. Jobs grant payments are dependent upon the number of employees exceeding the company's employment level at the time that this Agreement is approved by the Indian River County Board of County Commissioners, and by the criteria set forth below. (i) Thirty (30) new qualifying jobs meeting the wage level commitment in Section 5 of this Agreement shall be provided by the Commencement Date 4/01/18. For each of the three successive annual periods that those jobs are maintained at the required wage level, COMPANY shall receive 1/3 of the Grant amount for those 30 jobs. (ii) It is understood that the quantity of jobs proposed above, their annual wages, and dates of hire are estimates. Because of that, the quantity of jobs provided may be less than 30, and the Commencement Date (for jobs grant tracking) may be extended. Proposed jobs will remain eligible for local jobs grant incentives provided: a. The minimum number of qualifying jobs provided is 5. -3- P302 b. The maximum number of jobs eligible for local jobs grant funds is 30. c. The maximum extension for the Commencement Date shall be one year. Such Commencement Date extension may be approved administratively by the County Community Development Director or his designee for good cause. If any of the 30 eligible jobs proposed are created after the Commencement Date or, if applicable, after an administratively approved extension to the Commencement Date, those jobs shall not be eligible for local jobs grant funds. In no case shall the total Grant exceed $136,000. (iii) Failure of COMPANY to maintain claimed jobs for at least 3 years at required wage levels will result in the reduction of the Grant amount paid to COMPANY, as set forth herein. If, by the end of any of the annual periods, COMPANY has not maintained the total number of claimed jobs required or if COMPANY has provided the total jobs required, but the annual wage for any of those jobs is less than required for that year, the Community Development Department Director, or his designee, will lower the jobs grant award for the respective year by the amount allocated in such year for each job for which the requirements of this agreement are not met. Thus, the total jobs grant award could be less than $136,000 by the end of this Agreement. (iv) If COMPANY changes the products or services it provides in such a way that would make COMPANY no longer qualify as a "Target Industry" or if COMPANY relocates outside of Indian River County, COMPANY shall be in Default of this Agreement. COMPANY shall reimburse COUNTY for payments made to COMPANY while COMPANY was not a "Target Industry or if while COMPANY was not relocated within Indian River County." (v) During the Term of this Agreement, COMPANY shall have a majority (greater than 50%) of its goods and services, attributable to the Indian River County location, sold or distributed outside of Indian River County. COMPANY shall reimburse COUNTY for payments made to COMPANY while COMPANY did not meet this requirement. b. Performance Evaluation for Payment. Prior to the submittal of COMPANY's 1st Quarterly Reemployment Compensation Report COMPANY shall provide to the COUNTY Community Development Director, or his designee, an employee census and a copy of the Quarterly Reemployment Compensation Report for the Effective Date of this Agreement. That employee census must list employee name, job title, city and state in which the employee lives, annual salary, location where employee works, and date of hire. -4- P303 COMPANY's performance evaluation will be conducted on an annual basis using the information provided on the Quarterly Reemployment Compensation Report (RT -6 form) and COMPANY's quarterly updates to its employee census. Each updated employee census must include the information referenced above plus the date of termination for each employee (if the employee terminates employment with the COMPANY). COMPANY shall supply additional documentation to the Community Development Director, or his designee, in a form acceptable to the Community Development Director, or his designee, showing that positions for which Grant funds will be awarded are filled by people who live in COUNTY or Adjacent Counties. The Grant eligibility determinations will cover one year periods, with each yearly period beginning and ending as follows: Grant Eligibility Determinations 1st 2"a 3rd (final) Begin End Begin End Begin End 4/01/2018 3/31/2019 4/01/2019 3/31/2020 4/01/2020 3/31/2021 (i) Each job must meet the minimum wage requirements specified in this Agreement. Payment of Grant funds shall be made within forty-five (45) days after the date COMPANY submits the latest Quarterly Reemployment Compensation Report comprising the Annual Job Status Report (as defined in Paragraph 6), and this payment obligation shall survive the termination of this Agreement. Notwithstanding the foregoing, should the date for filing the last Quarterly Reemployment Compensation Report, as described above, not coincide with the date that an eligibility determination is made, COMPANY shall have the right to file a Quarterly Reemployment Compensation Report, in a form substantially similar to a Quarterly Reemployment Compensation Report, and such Quarterly Reemployment Compensation Report shall constitute the Annual Job Status Report, the filing of which shall begin the running of the forty-five (45) -day period within which payment shall be made. If COMPANY applies for a Qualified Target Industry (QTI) Tax Refund from the State of Florida and if COMPANY has that QTI Tax Refund approved by the State, the Community Development Director or his designee will reduce the Grant amount paid directly to COMPANY for each eligibility determination in an amount sufficient to cover COUNTY's QTI Tax Refund 20% contribution obligation to the State for COMPANY's QTI Tax Refund agreement. The Community Development Director or his designee will submit the 20% payment obligation to the State for placement in the Florida Economic Development Trust Fund. -5- P304 (ii) If at the time of performance evaluation for payment as described in subsection 3.b COMPANY is not current on COUNTY Real Estate and Tangible Personal Property Taxes, COUNTY shall withhold Grant payments for that eligibility determination time period and COMPANY shall automatically forfeit its right to collect Grant payments for that eligibility time period. COMPANY shall remain eligible for any remaining future Grant payments for future eligibility time periods provided COMPANY is current on such taxes referenced above at the time of future Grant eligibility determination time periods. 4. Job Creation Commitment. COMPANY estimates that it will provide 30 new Qualifying Jobs within COUNTY as set forth in Exhibit "B", which is attached hereto and made a part hereof. The exact number of jobs actually supplied and their salaries, however, may vary. Grant funds will be awarded up to a maximum of $136,000. The Grant award will be based on the following: Category Amount Per Job 75% to 99.99% of Indian River County Average Annual Wage $3,000 100% to 149.99% of Indian River County Average Annual Wage $5,000 150% of Indian River County Average Annual Wage (or greater) $7,000 5. Wage Level Commitment. COMPANY estimates that it will pay 16 employees whose jobs are eligible for a Grant hereunder an annual wage between $29,542.50 and $39,389.99, will pay 5 employees an annual wage of between $39,390.00 and $59,084.99, and will pay 9 employees an annual wage of more than $59,085.00. The annual wage of the positions will be determined without taking into account the value of any benefits. COMPANY shall, in accordance with the provisions of paragraph 6 below, provide written verification of such wages satisfactory to the Community Development Director or his designee. 6. Annual Job Status. COMPANY must provide the Community Development Director or his designee with Quarterly Reemployment Compensation Reports (Form RT -6) of its business operations within COUNTY on State form RT -6, as amended, a sample of which is attached hereto and made a part hereof as Exhibit "C". COMPANY must also provide the Community Development Director or his designee with quarterly updates to its employee census for employees working at its Indian River County location(s) (see section 3.b. of this Agreement). The cumulative Quarterly Reemployment Compensation Reports required to be filed for the annual period, correlated with each eligibility determination and the corresponding quarterly employee census shall collectively comprise the Annual Job Status Report. Quarterly, COMPANY must also provide the Community Development Director or his designee -6- P305 a signed statement indicating the percent of its total sales/services from the Indian River County location provided outside of Indian River County for the jobs grant payment time period. Starting with calendar quarter 3 in 2017, quarterly reports must be submitted for Grant eligibility determination. Those quarterly reports must be submitted no later than 60 days after the end of each quarter, until the termination of this Agreement. Submittal deadline may be waived by the Community Development Director, for good cause. 7. Default; Termination. Except as set forth herein, in the event that COMPANY defaults in the performance of its guarantees and commitments as provided for in this Agreement, COUNTY may, at its option, terminate this Agreement. 8. Indemnification. COMPANY shall indemnify and hold harmless and defend COUNTY, its agents, servants, and employees from and against any and all claims, liabilities, losses, and/or causes of action which may arise from any negligent act or omission of COMPANY, its agents, servants, or employees in the performance of services under this Agreement. 9. Forum; Venue. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Indian River County or the Federal District Court for the Southern District of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing by law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. Parties hereby waive their right for a jury trial. 10. Lobbyist Certification. COMPANY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for COMPANY, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for COMPANY, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 11. No Discrimination Certification. COMPANY warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 12. Attorneys Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or -7- P306 misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 13. Enforceability. If any term or provision of this Agreement, or the application thereof to any person or circumstances, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. The COMPANY's failure to maintain its job creation commitment or annual wage level commitment for any one year will result in the decrease of the Grant amount it was scheduled to receive for that year; however, such decrease will not preclude the COMPANY's receipt of scheduled Grant amounts for those subsequent years in which it is able to maintain its job creation and wage level commitment. 14. Assignment. COMPANY shall not, directly or indirectly, assign or transfer any of its rights or obligations under this Agreement, or any interest therein (the foregoing herein collectively "Transfer"), without the express prior written consent of the Community Development Director. The Community Development Director shall not unreasonably withhold its consent to any Transfer. Any such attempted Transfer without the express prior written Community Development Director consent shall be null and void and may, at the option of the County Community Development Director, be deemed a Default under this Agreement. COMPANY acknowledges and agrees that the Community Development Director has the right, in granting or withholding consent to any Transfer, to consider, among other things, the financial responsibility and business reputation of the proposed assignee or transferee (the foregoing herein collectively "Transferee"); and any other items that the COUNTY Community Development Director, in his sole discretion, deems appropriate. If COMPANY seeks the Community Development Director's consent for a Transfer, COMPANY shall submit to the Community Development Director a written request therefore, accompanied by the following documentation: (i) the name, address, and telephone number of the proposed Transferee; (ii) a description of the business and jobs, including wages, to be created in COUNTY; and (iii) a financial statement or other reasonably detailed financial information concerning the proposed Transferee. If the Community Development Director withholds the consent to Transfer, COMPANY may appeal to the County Administrator. If the County Administrator withholds the consent to Transfer, COMPANY may appeal to the Board of County Commissioners. COMPANY acknowledges and agrees that: (a) the County Administrator or his designee, or the Indian River County Board of County Commissioners, has the right to request any additional information deemed necessary to make the decision relating to consent to the Transfer; and (b) if appealed to the Board of County Commissioners such request for a Transfer is expressly subject to the approval of the Transfer by the Board of County Commissioners, and such Transfer shall become effective only when signed by the -8- P307 Transferee and approved by the Board, which consent shall not be unreasonably withheld. The foregoing covenant shall be binding on the permitted successors or assigns of COMPANY. The prohibition on Transfers shall not prohibit a change in the form in which COMPANY conducts business. COMPANY will be released from further liability under this Agreement in the event of an approved Transfer; provided that the COUNTY's consent to any Transfer will not otherwise relieve COMPANY from any pre-existing obligation to COUNTY under this Agreement. 15. Conflict of Interest. COMPANY represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in Florida Statutes Part III, Chapter 112. COMPANY further represents that no person having any interest shall be employed for said performance. 16. Notices. All notices required in this Agreement shall be sent by certified mail, return receipt requested and if sent to COUNTY shall be mailed to: Community Development Director Indian River County 1801 27th Street Vero Beach, Florida 32960 and if sent to COMPANY shall be mailed to (or current, official address): 1174 19th Street Vero Beach, Florida 32960 17. Entire Agreement. COUNTY and COMPANY agree that this Agreement sets forth the entire Agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 18. No Pledge of Credit. COMPANY shall not pledge COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 19. Public Records. COMPANY shall comply with the provisions of Chapter 119, Florida Statutes (Public Records Law) in connection with this Agreement, as modified by exemptions in Chapter 288, Florida Statutes. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. -9- P308 21. General. The Background Recitals are true and correct and form a material part of this Agreement. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida has made and executed this Agreement on behalf of COUNTY and COMPANY has hereunto set its hand the day and year above written. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Joseph E. Flescher, Chairman ATTEST BY: Jeffrey R. Smith, Clerk of Court and Comptroller By: Deputy Clerk APPROVED: Jason E. Brown, County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY Dylan Reingold, County Attorney COMPANY: BY: Title: Typed Name WITNESS: Signature Title: -10- P309 EXHIBIT "A" TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY & ACS FINANCIAL LLC COMPANY Identification and Information: Application received date: July 3, 2017. COMPANY description: (INSERT NAME) is a financial services company specializing in tax resolution services. The national headquarters in Indian River County will provide the following tax resolution services: IRS audit Defense Wage Garnishment Resolution Lien/Levy Removal Offer -In -Compromise Settlements Payment Plan Penalty Abatement Innocent Spouse CNC Settlements Personal Income Tax Return Preparation Corporate Income Tax Return Preparation Comprehensive Tax Planning • AMT (Alternative Minimum Tax) Planning • Business Payroll Tax Planning Bookkeeping COMPANY'S current mailing address: 1174 19th Street Vero Beach, Florida 32960 -11- P310 EXHIBIT "B" TO THE JOBS GRANT AGREEMENT BETWEEN INDIAN RIVER COUNTY & ACS FINANCIAL LLC I. Target Industry Categories eligible for application: COMPANY qualifies for the Jobs Grant Program under the "Financial/Professional Services — Corporate/Regional Headquarters" category. Under the North American Industrial Classification System (NAICS), COMPANY's activities are classified in the category of "Finance and Insurance — Administrative Management and General Management Consulting Services", NAICS Code #541611. II. Employment Commitment: The COMPANY is receiving this Grant based upon its representation that it will bring the following employment opportunities to COUNTY: 1) 16 # of new, full-time employees whose annual wages are between 75% and 99.9% of Indian River County's average annual wage. 2) 5 # of new, full-time employees whose annual wages are between 100% and 149.99% of Indian River County's average annual wage 3) 9 # of new, full-time employees whose annual wages are 150% or greater of Indian River County's average annual wage III. Grant Amount Category Qualified Jobs Amount per Job Total 75% of COUNTY average wage 16 $3,000 $48,000 100% of COUNTY average wage 5 $5,000 $25,000 150% of COUNTY average wage 9 $7,000 $63,000 Sub -Total Grant Amount $136,000 *The actual amount of the grant will depend upon the actual number of jobs provided and the salary paid for those jobs. In no case shall the total amount of the grant exceed $136,000. F:\Community Development \Users\EDplanmUNCENT1VES & FUNDING\JOBS GRANT PROGRAM\ACTIVE JOBS GRANTS\Confidential Company 2017- 2\Agreement\Proposed Jobs Grant Agreement - Name Included.doc -12- P311 Use black ink. Example A - Handwritten Exannple B - Typed Coaoa®t©ooc ❑mmdIklE❑ n,i �in1/f ri III II VIII I II 11101111111111111111 Name Marring Address City/SUZIP Location Address City/St/ZIP 1. Enter.the:totoe number of full-time and part-time covered Workers who performed services during or re0eivod pay for the payroll period including the 12th of the month. L Check if final retum: Date operations ceased. 1st Month 2nd Month 3rd Month DUE DATE Exhibit "C" Florida Department of Revenue Employer's Quarterly Report Employers are required to the quarterly tax/wage reports regardless of employment activity or whether any tastes are due. Check if you had out-of-state wages. Attach Employer's Quarterly Report for Out of -State Taxable Wages (RT-6NF). E ri Use Black Ink to Complete This Form PENALTY AFTER DATE TAX RATE RT ACCOUNT NUMBER T LI IL) L RT -6 R. 01/15 Do not make any changes lf you do not have an account number, you to the pre-printed are required to register (see instructions). information on this tonin. F.E.I. NUMBER If changes are needed, request and complete an _ L) 1 Employer Account Change Form (RTS -3). FOR OFRCIAL IISE ONLY POSTMARK DATE / ri Reverse Side Must be Completed 2. Gross wages paid this quarter (Must total all pages) 3. Excess wages paid this quarter (See instructions) 4. Taxable wages paid this quarter (See instructions) 5: Tax due (Multiply Line 4 by Tax Rate) 6. Penalty due (See instructions) 7. Interest due (See instructions) 8. Installment fee (See instructions) 9a. Total amount dee (See instructions) 9b. Amount Endosed (See instruchons) RT -6 -r II l. 11 s ■1 it If you are filing as a sole proprietor, is this for domestic(household) employment only? Yes II vin ■ ■ ■ ■ LJD No Il Under peptics of per)uly, I declare that I have ad this return and the fads elated in It are true sectrons 443.171(5), Florida Statutes). Sign here Signature of officer Date Title Phone ( Fax Paid preparers only Preparers signature Preperer check if self-employed Prepare -le SSN or PTIN Firm's name (a yours if self-employed) and adcreas Date FEIN ZIP Preparer'a phone number ( ) TO Rule 738-10.037 Floride.Administraeve Gods Effective Data 11/14 Florida Department of Revenue T RT ACCOUNT NO. F.E.I. NUMBER Name Mailing Address City/St/ZIP L Employer's Quarterly Report Payment Coupon COMPLETE and MAIL with your REPORT/PAYMENT. Please write your RT ACCOUNT NUMBER on check. Make check payable to: Florida U.C. Find 1I • rim RT -6 DO NOT tirmen 7 DOR USE ONLY IH/[ 1 / POSTMARK OR HAND -DELIVERY DATE GROSS WAGES (From Line 2 above.) AMOUNT ENCLOSED (From Line 9b above.) PAYMENT FOR QUARTER ENDING MM/YY Check here if you are electing to pay tax due in installments. U.S. Dollars RT -6 R. 01/15 L ICents ■ I i Check here if you transmitted funds electronically. 9100 0 99999999 0068054031 7 5009999999 0000 4 P312 1111 VIII I Hill 011011111101011111 Florida Department of Rev anus Employer's Quayrterly ReportR/16 Employers are required to file _ uarterl taxAea ere orfs re ardless of em o ant actNi er whether an taxes are due. R. 01115 Use Black Ink to Complete This Form QUARTER ENDING L1 EMPLOYERS NAME 10. EMPLOYEES SOCIAL SECURITY NUMBER 1 fJ II OH_ -E DO NOT DETACH 1 111. EMPLOYEES NAME (vase prim first twave characters of last name and first eight characters of first name in boxes) Last Name First Name Last Name First Name Last- Name astName Fust Name Last Name First Name Last Name First Name Lasi Name First Name Lasi Name First Name Last Name Fest Name Middle Irai a Middle Irabd J Middle Inlbd Middle In Lal _ 12b. Middle Irobd 12b. 12a. Middle 16.0 12b. 12a. 12b. 12a. Middle Imbed 12b. RT ACCOUNT NUMBER 12a. EMPLOYEE'S GROSS WAGS PAID THIS QUARTER 12b. EMPLOYEE'S TAXABLE WAGES PAID THIS QUARTER Only the first $7,000 paid i o each employee pa wiaidar yeai is taxable. II I 1 CJ, 1, 12®. [111, Middle tofid 13a. Total Gross Wages (add Lines 12a only). Total this page only. Include this and totals from additional pages in Line 2 on page 1. 13b. Total Taxable Wages (add Lines 12b only). Total this page only. Include this and totals from additional pages in Line 4 on page 1. r 1. J. -1 1 ■ ■ ■ 5 ■ �1■ Mail Reply To: Reemployment Tax Florida Department of Revenue 5050 W Tennessee St Bldg L Tallahassee FL 32399-0180 Social security numbers (SSNs) are used by the Florida Department of Revenue as unique identifiers for the administration of Florida's taxes. SSNs obtained for tax administration purposes are confidential under sections 213.053 and 119.071, Florida Statutes, and not subject to disclosure as public records. Collection of yourSSN is authorized under state and federal law. Visit our website at www.myflorida.com/dor and select °Privacy Notice' for more information regarding the state and federal law governing the collection, use, or release of SSNs, including authorized exceptions. Please save your instructions! Quarterly Report instructions (RT-6N/RTS-3) are only mailed with new accounts or when there are changes. if you misplace your instructions, you can download them from www.m yfl orida ,can /dor P313 Approval of the EDC Minutes of June 20, 2017 A vote to approve minutes could not be taken because there was not a quorum present. Consideration of a Request for a Local Jobs Grant by a Target Industry Company- -by Mr. Bill Schutt, Senior Economic Development Planner Mr. Schutt used PowerPoint slides to review the IRC Local Jobs Grant Program process; a printed copy of the presentation is on file in the commission office. Additionally, he referenced the staff report dated September 12, 2017 fegarding the Local Jobs Grant application, which was distributed to each member viarerriail prior to the meeting and is also on file in the commission office. He said the appl cant, called Company #2-2017, requested to remain anonymous during the applic'Atior j rtocess. Mr. Schutt explained that they were qualified to receive a Local Jobs�G�ant and r the "Financial/Professional Services—Corporate/Regional Headquarters Ctarget industry.71e proposal of Company #2-2017 would bring 30 jobs to Indian Rivefccorunty, each paying•over 75% of the county's average annual wage. Mr. Schutt announced based upon the proposed wages and jobs, the potential payment schedule over the nexfth'r'ge yea.rsCwould equaf,$�136,000. t C-, �ceC (€V ``. C Mr. Schutt invited questiorigtffom the members, of which there were none. Additionally, Mr. Schutt made avai atalertd Peach attendee a spreadsheet of all approved IRC Local Jobs Grant applications`tiv�1,ich`is;bpfle in thercommission office. Mr. Schutt announced the Staff eco�mmendatibn forth'eC rEconomic EDevelopment Council to recommend to the Board o c ounty Comm,ssiorSe`rsiiotapprove°the local jobs grant for up to $136,000 for the applicant Company. C C; ^C C.0 G c [ r, C , t C C ''FIEF ', C An official -Vote was .unable for,_a obtained because there G `rwas not a quorumrpresent. A [9 members in attendance - `r F c G'`recoi>ir'nended [approvalr orf[ the` crecommendation to the c� [ � E: � rz.n . . C c F Board cf tCountypommissioners to approve the Local E r . Jobs Grant application of Company #2-2017. None were `c,Ccopposed. L. %rr. vyCC, '[,C C, C H. i'Cr `GCr Attachment 4 EDC/Unapproved 2 September 19, 2017 P314 Indian River County Board of County Commissioners October 3, 2017 ACS Financial LLC Local Jobs Grant Application Confidentiality • ACS Financial LLC submitted its local jobs grant application and requested confidentiality in accordance with Florida Statutes Section 288.075 • September 19, 2017 - Economic Development Council (EDC) reviewed the application for the then unidentified company •September 20, 2017 - ACS Financial LLC provided written authorization to allow the release of its name and address Local Jobs Grant Program • Financial incentives for "Targeted Industries" to locate or expand within Indian River County — Policy 2.5 Payout Amount Per Job Qualification Category Wage Range $3,000 75% of county average wage $29,542 to $39,389 $5,000 100% of county average wage $39,390 to $59,084 $7,000 150% of county average wage >1= $59,085 • Paid out in installments over 3 years, after new job in place ("pay for performance") Target Industry Classification • Applicant Company is a Tax Resolution Company • Applicant qualifies for the jobs grant program under the County's "Financial/Professional Services — Corporate/Regional Headquarters" Target Industry Category • Location is in Indian River County: 1174 19th St, Vero Beach, FL 32960 Jobs Grant Due Diligence • Completed by County Staff and Chamber of Commerce Staff with recommendation from Chamber Project Review Committee • Focused on the main sources of data readily available on Company, its Officers, and Agents - General internet search - Corporate registrations and liens search - County official records for tax liens, judgments, and pending litigation - Public Access to Court Electronic Records (PACER) to search for federal civil and federal bankruptcy actions *Dun and Bradstreet credit/financial report was not pulled and was not evaluated for this company (Company is too new) Proposed Jobs Salary Range and Payment Per Job Category Qualified Jobs Amount per Job Total 75% of county average wage ($29,542 to $39,389) 16 $3,000 $48,000 100% of county average wage ($39,390 to $59,084) 5 $5,000 $25,000 150% of county average wage (>1= $59,085) 9 $7,000 $63,000 Sub -Total Grant Amount $136,000 Date Proposed Jobs Will Be in Place * Date can be administratively extended up to one year D ante by • mount cgoob kJruabe.r ciff Kew mr-lp oyees proposed jobs vfillbe provi o ed G ant 30 4/1/2018* $136,000 * Date can be administratively extended up to one year Potential Payments by Fiscal Year (FY) FY Proposed Job Grant Payments 2018-2019 $45,333.33 2019-2020 $45,333.33 2020-2021 $45,333.34 Total $136,000.00 RECOMMENDATION EDC and staff recommend that the Board of County Commissioners: 1. Approve a local jobs grant of up to $136,000 for ACS Financial LLC, and 2. Authorize chairman to sign the Jobs Grant Agreement with ACS Financial LLC after approval of agreement by appropriate county staff and county attorney's office /2.C, 1. DEPARTMENTAL GENERAL SERVICES Indian River County Board of County Commissioners General Services Department Library Division 1800 27th Street, Vero Beach, Florida 32960 Telephone: 772-226-1223 Fax: 772-589-6119 MEMORANDUM Date: September 22, 2017 To: The Honorable Board of County Commissioners Thru: Michael C. Zito, Assistant County Administrator/ General Services Director From: Anne Shepherd, Library Director Subject: Library Services Request for Consideration to run a Fine Amnesty Campaign October 17 — 31, 2017 DESCRIPTION The Indian River County Library Services fine policy was established to encourage patrons to return checked out items in a timely manner making those items available for future use by others. Sometimes the fine prevents a patron from using the Library, they may not have the ability to pay the fine or they may be reluctant to return the items, not being sure what the fee will be. A fine amnesty is an opportunity for patrons to return late items fine free to clear their accounts and begin using the libraries again. This amnesty does not include lost or damaged items and it does not retroactively apply to fines already paid. The proposed amnesty period would apply to current outstanding Indian River County Library items that are late in being returned. Fines are currently $.25 a day for late books and $.50 a day for media items including DVD's, Audio Books and Music on CD. The primary benefit is more citizens will use the Libraries when the current fines are cleared up, especially children or elderly people. The campaign would begin on October 17, which is an Open House at the Brackett Library and the amnesty will be a feature of the open house. The amnesty would end on October 31St, Halloween. We plan to use themes such as: "You won't scare us with your late items, treat us with your late items and don't let your late items scare you!" FUNDING: No Funding is required for this item. RECOMMENDATIONS: Staff recommends Board approve the Fine Amnesty campaign from October 17, to October 31, 2017. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@000E26B7\@BCL@000E26B7.doc P315 T. 315 -1 r C3- -0 --is rn CI) 1 w O rp• emo (i) rD (1) < cl) N. n --- • = cm+ r+ %< rD �cori T. 315-2. ‘•- ii • ..,41101.00 • . ,0111" Tat, , ?315-3 7) ('D n nrD -,r 3 i" ri) (/) b c -9- rt) 0 co 0,) O -,is =1" O V) _ 0 %< r% (i) (1) ,rt CO CD71 3 • I T315.5 r-30 ..4.1rD (Ts n rD enV c 0 rD O cn O '{ O O O v) co .< rD sa) iris JOAO JMSUe BelS AJeJq!1 ?,315-1,0 "t3 --C3 -1 (1) O O �QD � rD 3 v) rD con %< (D co 71 co -11 rill- CJi rim (DO D O a. O . Cr --ms CO T.315-7 T515 43 P. b1 -9 0 a - 0 0 n rD�. Citl D n n (D v) 0 n 0 3 c (D 0_ co ET co V) (D :' (D cD -0 D (D n -1n o' rD 0_� n a) o 0 ,.(/) 3 c DJ 0.) -% emt CD r n O C0 o D al 3 O 1 o ,.Cr. -1 3 7 o D 0 n D. n I1 CD < 3 0 z CD CD CD 0_ C 71 0 c 316 -10 CONSENT AGENDA INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services / Recreation Division MEMORANDUM Date: September 21, 2017 To: The Honorable Board of County Commissioners Thru: Jason E. Brown, County Administrator Thru: Michael C. Zito, Assistant County Administrator From: Michael Redstone, Recreation Manager Subject: Approval for the Aquatic Center Geo -Thermal System Repair It is requested that the information herein presented be given formal consideration by the Board of County Commission at its regular meeting of October 03, 2017. DESCRIPTIONS AND CONDITIONS Indian River County opened the Gifford Aquatic Center in 2002. It is a zero entry pool with 160,000 gallons of water circulating daily. The Geo -Thermal system takes the ground water and circulates it to cool the water in the summer and heat the water in the winter. Repairs to the current system are now necessary. This work will include replacement of condensers and evaporator heat exchangers. Without this repair, we will be unable to maintain the water temperature within Health Department's standards. Symbiont is a leader in the commercial pool heating industry. Since opening the pool in November 2002, Symbiont has maintained the units, which has prolonged the life span of these heating/cooling units. The quote of $52,561.00 tendered by Symbiont comes after thorough negotiation by county staff. FUNDING SOURCE: The funding for this project established in the Recreation Department Budget: Account Description Account Number Budget Amount Gifford Aquatic Center / Other Machinery & Equipment 004-105-72-066 490 $52,561.00 RECOMMENDATION: Staff recommends that the Board declare Symbiont Service Corp as a sole source provider of parts and maintenance on the geo-thermal systems at both Gifford Aquatic Center and North County Aquatic Center, and authorize the Purchasing Division to issue purchase orders as needed and funded. ATTACHMENT(s): Symbiont Service Corp Quote Sole source letter from Symbiont Service Corp. C:\Users\mailroom\AppData\Local\Microsoft\Windows\INetCache\Content.OutlookUtK30G3UA\BCC Memo - Aquatic Centers Geo -Thermal System Repair.doc P316 Sygjbiont Service corp. Go Green • Go GeoThermal 4372 North Access Road, Englewood, Florida 34224 041.474.8306 • 800.881.4328 • Fax 941.473.9306 OeoThemsal Florida .com • Info CSymbiontService. com Pool Heating • Air Conditioning "One Company, One Call, Complete Comfort!" Proposal Submitted To: . Gifford Aquatic Center 4895 43rd Avenue Vero Beach, Florida 32968 772-770-5312 yNne • Alt Condo' row DPA MAW 0{ CITOO a0NO PROPOZAM Lic q: CAC035549 • EC0002946 CBC1258380 • CPC1456477 Job Name: Date: August 16, 2017 Gifford Aquatic Center Same We hereby submit specifications and estimates for: Replace All PHH165s with new PH -090 -TT Symbiont Pool Heaters: 6 Symbiont Model PH -090 -TT -RV GeoThermal Pool Heat/Cool Units TT = titanium condenser and evaporator heat exchangers Source Water: From existing well, pump & piping Equipment rack Electric: Wire heaters from existing heater and pool equipment panels, including breaker modifications Complete* installation * Local permits additional as required. Manufacturer's Limited Warranty: One year Symbiont Service Corp. all parts and labor on the installation. Five year manufacturer's labor on the new Symbiont units. Seven year manufacturer's all parts only on the new Symbiont units. Lifetime parts on titanium tube portion of the condenser and evaporator heat exchangers. All work done to code. All current discounts and promotions have been applied. $ 52,561.00 The labor, material and equipment required for this job will be furnished by Symbiont Service Corporation ("Symbiont") for a total of: Fifty-two thousand five hundred sixty-one dollars and no/100-------------------------------------- $52,561.00 $15,768.00 Deposit With Order - Balance Upon Completion Any alteration or deviation from the above scope of work involving extra costs will become an extra charge In addition to the quoted price based on time and materials pricing. Our workers are fully covered by Workmen's Compensation insurance This contract consists of this proposal as well as the terms and conditions, all documents and exhibits referenced therein and the Limited Workmanship Warranty, all of which are hereby Incorporated by reference. This proposal will be subject to withdrawal if not accepted within 30 days. Please make checks payable to "Symbiont Service Corporation". 1 HAVE READ AND UNDERSTAND THIS PROPOSAL, THE TERMS AND CONDITIONS AND ALL DOCUMENTS AND EXHIBITS REFERENCED THEREIN AND AGREE TO BE BOUND BY THEIR TERMS. ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and are hereby accepted. Symblont Is authorized to do the work as specified. By signing below. Customer acknowledges that Customer Is the owner of the property where work Is to be performed. Customer: Respectfully submltte (print name) SYMBIONT RVIC r •s = - . TION Signature: rBy:% Date: • P317 TERMS AND CONDITIONS 1. This proposal is subject to change without notice and is automatically withdrawn on the 3011, day following its date of Issue If not accepted in writing and a copy of this proposal returned to Symbiont Service Corporation ("Contractor')., If Customer cancels the Agreement prior to the start of work, Customer shall be liable for 10% of the total Agreeioent price as liquidated damages, because Contractor is unable to accurately measure its damages for the cancellation of the Agreement. Customer and Contractor agree that this amount is not a penalty. Contractor reserves the right to withdraw this proposal at any time prior to its acceptance or cancel this Agreement prior to the start of the work to be performed in the event the cost to complete the work varies from the initial standard pricing due toa typographical or mathematical error. As used in this Agreement, (a) the word °of is not exclusive, (b) the word 7ncludrng'is always without limitation, (c) 'days' means calendar days and (c) singular words include plural and vice versa. Customer shall allow Contractor to post its sign and advertise at the project location during construction. 2. Customer agrees to provide Contractor with adequate access to electricity and other utilities as needed, the work site, and the work area adjacent to the structure. Contractor is not liable and Customer is solely liable for work installed by any person other than Contractor, unless otherwise specified by Contractor in this Agreement. 3. Contractor will not perform service, warranty and/or punch list work if Customer fails to timely pay Contractor, and Contractor may cease all work or terminate the Agreement if Customer falls to timely pay Contractor. Contractor customarily requires a deposit of 30% upon acceptance of the proposal. Customer agrees to pay interest of 1 1/2 % per month (ANNUAL PERCENTAGE RATE OF 18%), unless otherwise required by law, on the balance of any unpaid amounts. Payments received shall be applied first to interest on all outstanding invoices and then to the principal amount of the oldest outstanding invoices. 4. Should concealed or unknown conditions be at variance with conditions indicated in the description of the work to be performed from those ordinarily encountered and generally recognized as inherent In work of the character provided for In this 'Agreement, the Agreement price shall be equitably adjusted upon notice thereof from the Contractor to the Customer. Contractor will submit written documentation of the increased charges to the Customer. 5. In the event that Federal, state, county, or municipal codes, regulations or permitting authorities require work not expressly set forth in this Agreement or differ materially from that generally recognized as inherent in work provided for In this Agreement, Customer shall pay for all extra costs incurred by Contractor in addition to the contract price. 6. Contractor is not responsible for any damage to private or public unmarked underground lines, or repairs of landscape, painted or finished surfaces. 7. For and in consideration of $10 given by Contractor to Customer and already reflected in the Agreement price, the Customer shall defend, indemnify, and hold the Contractor, its officers, directors, agents, and employees (individually 'Indemnitee; collectively, the 'indemnitees') harmless from and against any and all claims, demands, losses, damages, Liabilities, expenses, or costs, including reasonable attomey's fees, costs and expenses of investigation, penalties, interest and amounts paid in settlement (collectively 'Losses') incurred or to be incurred by Contractor, arising out of, relating to, or resulting from (1) personal injury, (2) wrongful death, or (3) property damages; including claims for those damages caused partly or wholly as a result of the negligence or wrongful acts of any of the indemnitees if the damages claimed relate to or arise out of, or are connected with the Agreement or the actions necessary to perform same. The Customer's duty under this provision is limited to a total of ONE MILLION AND NO/100 ($1,000,000) DOLLARS for all damages, including costs and attomey's fees per occurrence for any single claim or suit. The parties also agree that this provision satisfies the requirements of Florida Statute §725.06 so that the indemnification provisions are valid and binding upon Customer. 8. This Agreement shall be govemed by the laws of the State of Florida. Venue of any dispute arising out of this Agreement shall be in the county where the work is being performed, unless the parties hereto mutually agree otherwise. Should Contractor employ an attomey to institute litigation or arbitration to enforce any of the provisions hereof, to protect its interest In any matter arising out of or related to this Agreement, the Prevailing Party shall be entitled to recover all of its attomey's fees, costs and expenses incurred therein, including attorneys fees, costs, and expenses incurred at mediation, administrative, appellate or bankruptcy proceedings. 9. WAIVER OF JURY TRIAL. THE PARTIES KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION ARISING OUT OF OR PERTAINING TO THE AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALINGS, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PERSON OR PARTY RELATED TO THIS. AGREEMENT; THIS IRREVOCABLE WAIVER OF THE RIGHT TO A JURY TRIAL BEING A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT. 10. Unless otherwise provided: THERE ARE NO EXPRESS OR IMPLIED WARRANTIES WHATSOEVER INCLUDING BUT NOT LIMITED TO THE. IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. All warranties provided by Contractor shall be deemed null and void if Customer fails to adhere to the payment terms. All warranties are non -transferable, unless otherwise agreed to by Customer and Contractor in writing. My express warranty provided, if any, by Contractor is the sole and exclusive remedy for alleged construction defects, in lieu of all other remedies, implied or statutory. 11. In no event, whether based on contract, warranty (express or implied), tort, federal or state statute or otherwise arising from or relating to the work and services performed under the Agreement, shall Contractor be liable for special, consequential, or indirect damages, including loss of use, loss of profits, or actions by third parties. 12. Unless otherwise specified, there is no specify completion date. However, Contractor will perform the work hereunder within a reasonable time and in a workmanlike manner. Contractor shall not be liable for any damages, and Customer waives all damages associated with delays in the completion of the work due to permitting or inspection issues, delays in obtaining materials or the transportation of materials, or delays caused by Customer or any person other than Contractor. Payment to Contractor is an absolute and independent obligation, and Customer shall not withhold any part of the Agreement amount for which payment is due under the Agreement as retainage or on account of alleged charge backs or set offs unless previously authorized by Contractor in writing. The total Agreement price, including the charges for changes/extras, shall be payable to Contractor in accordance with the agreed upon terms. 13. Contractor shall not be liable for any damage, whether actual or consequential, or claim arising out of or relating to Acts of God, accidents, civil disturbances, fires, weather conditions, strikes, war or other causes beyond Contractors reasonable control. It is understood that the Customer maintains all necessary insurances for the Property 14. it is Customers duty to notify Contractor in writing within 7 days of the occurrence of any claim. defect, default or deficiency arising out of work, services or materials provided by Contractor under this Agreement ('Occurrence'). Failure of the Customer to provide written notice of the Occurrence shall result in the Customer warring all claims that may be brouoht against Contractor arising out of or relating to the Occurrence. including claims arising in law. equity. contract. warranty (express or implied). tort or federal or state statutory claims, Upon notification, Customer shall provide Contractor with a reasonable time of not less than 10 business days to cure or correct the Occurrence before terminating the Agreement, hiring a replacement contractor or taking any adverse or legal action against Contractor. Under this agreement, notice is proper if served on an officer of Symbiont and an officer of Customer or Customer individually. 15. The actual start-up and balance of the equipment will be completed upon satisfactorily passing all permitting inspections and completion of electrical supply provided by the power company. Your final payment is due the day of eaujpment start-up. Any additional charges for permits may be billed to you separately. 16. Within a week of completion and start-up a Symbiont Service representative will perform a walk through inspection with your Management and/or Maintenance staff to verify that your new System is in working order, and to answer any questions or concems that you may have. If needed, we will also create a punch list of items needing correction which will be signed by the parties, and will include an estimated completion date for each item. The existence of a punch list does not and shall not constitute a basis for delaying any payment including final payment if all other conditions for final payment have been satisfied. Customer acknowledges that the punch list is to include only those items that are required pursuant to the contract, but which have yet to be completed at the time of the walk through inspection. Only one punch list shaltbe prepared for the Project. Extra or additional work that is outside the terms of the written contract will not be considered punch list items. 17. Each provision of the Agreement shall be construed as if both parties mutually drafted this Agreement. If a provision of this Agreement (or the application of it) is held by a court or arbitrator to be invalid or unenforceable, that provision will be deemed separable from the remaining provisions of the Agreement, will be reformed/enforced to the extent that it is valid and enforceable, and will not affect the validity or interpretation of the other provisions or the application of that provision to a person or circumstance to which it is valid and enforceable. This Agreement records the entire agreement of the parties and supersedes any previous or contemporaneous agreement, understanding, or representation, oral or written, by the parties. All documents/exhibits referred to in this Agreement are an integral part of,the Agreement and are incorporated by reference. This Agreement incorporates the documents entitled 'Limited Workmanship Warranty' and 'Statutory Wamings.' Customer acknowledges that it has read/agreed to all incorporated documents and exhibits. T:'Operations MonuahMarketing&Sales (Mig1SALES1Terms & Conditions - short form 2011-04.14.doc P318 Sydbiont Service Corp. Go Green • Go GeoThermal "One Company, One Call, Complete Comfort!" May 15, 2017 Dave Smith Indian River County c/o Recreation Department 1840 251h Street Vero Beach, Florida 32960 Re: Sole Source Symbiont Provider for N. County Activity 8, Competition Pools Dear Dave, Symbiont Pool heaters are manufactured exclusively for Symbiont Service Corp to our specifications. We are a sole source provider of the Symbiont Geo - Thermal Pool Heater product line. Indian River County geo-thermal pool heating systems were designed and installed by Symbiont Service Corp. It is advisable to use Symbiont Service Corp. as your sole source for service to maintain the proper operation of your pool heating system. We look forward to taking care of your pool heating and cooling needs. Sincerely, Symbiont Service Corp. -aticx-s.'135aRacr, Elsa Matuson Service Sales Associate 4372 North Access Road, Englewood, Florida 34224 • 941.474.2304 • Fax 941.473.930S • GrroThermalFlorlda.nom P319 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM DEPARTMENTAL TO: FROM: SUBJECT: Jason E. Brown, County Administrator Richard B. Szpyrka, P.E., Public Works Director Designation of Securitas Electronic Security Inc., as Sole Source Provider for the Security Access Control System for the Indian River County Courthouse DATE: September 25, 2017 DESCRIPTION AND CONDITIONS On December 6, 2016 the Board adopted the current Capital Improvement Element (CIE) of the County Comprehensive Plan. Included in the CIE was the replacement of the failing Courthouse Security Access Control System (SACS). Utilizing the U.S. Communities Cooperative contracting system, the County issued a Purchase Order to Unicom Government to replace the Security Access Control System in the Courthouse. Securitas Electronic Security, Inc. (Securitas), is the subcontractor that performed the replacement of the SACS under the UNICOM contract. This system is the same as used in the other 19th Circuit courthouses, improving accessibility to judges and other support staff. During the security access system replacement project, additional work by Securitas was identified and has been approved by the County Administrator to ensure that the courthouse security system functioned as one unit. Included as part of this extra work was the access system for the Judges' Secured Parking access gate. The gate operating system must be compatible with the Courthouse security system in order to function as one complete system. Additional updates, modification and repairs to the system may be necessary in the future, however staff determined the cost of the maintenance agreement under the Unicom contract to be excessive. Staff therefore recommends the installer of the system, Securitas be designated as the sole source provider for service and repair to the Courthouse SACS system. Martin County utilizes Securitas Electronic Security Inc., for their courthouse SACS systems, expansion, operation, maintenance, and repair. Staff estimates approximately $175,000 in additional work will be necessary to complete the SACS (security access control system). The current duress and intercom system has not been functioning correctly since the failure of the current security system that is being replaced. The estimated cost to replace the current duress system with a Programmable Logic Control and Duress system is $101, 226.43. FUNDING Funding for services by Securitas for the Courthouse Security Access System is budgeted in the current fiscal year in Optional Sales Tax/ Courthouse Security Access System Account No. 31522019-066510- 17007 and in Optional Sales Tax/Facilities Maintenance/Courthouse Judges Security Account No. 31522019-066510-16033. These funds will be "rolled over" into the new fiscal year. P320 Page 2 Securitas Electronic Security, Inc. Sole Source Provider BCC Agenda Item for October 3, 2017 RECOMMENDATION Staff recommends the Board of County Commissioners declare Securitas Electronic Security, Inc., as the County's sole source provider for the Courthouse Security Access System maintenance and repairs. Staff also recommends that the Board of County Commissioners authorize Purchasing to issue a Purchase Order for $101,226.43 for the replacement of the Programmable Logic Control and Duress System. DISTRIBUTION Michael Smykowski, Budget Director Jennifer Hyde, Purchasing Manager APPROVED AGENDA ITEM FOR OCTOBER 3, 2017 C:\Users\I eg ista r\Ap p Data\Local\Temp\BCL Technologies \e a sy P D F 8\ @BCL @FOOD 1 B4F\@BCL@ F00D 1 B4F. d o c P321 13.A, Office of Departmental Matters 10/03/2017 INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: Richard B. Szpyrka, P..E., Public Works Directo FROM: William K. DeBraal, Deputy County Attorney DATE: September 26, 2017 SUBJECT: Permission to Advertise Amending Indian River Code Chapter 201, Stormwater Discharge The Indian River County Stormwater Division was recently audited by the Florida Department of Environmental Protection (DEP). Overall, the audit was well received by County staff and the DEP with minimal comments. One comment received was a suggestion to amend the County's waste water section of the code to include a prohibition against illicit discharges into the storm sewers. An illicit discharge is broadly defined as anything not composed of stormwater that is discharged into the storm sewer. In order to accomplish this task, Section 201 of the Indian River County Code will have to be amended. FUNDING: The only cost of amending this section of the code will be advertising in the Press Journal. Advertising costs are estimated to be Tess than $200.00 and funds are budgeted and available from Account # 11128138-034910 Transportation Fund/Stormwater/Legal Ads. RECOMMENDATION: Staff recommends the Board to approve advertisement of the amendment to the IRC Code to prohibit illicit discharges into storm sewers. A Public Hearing on the amendment will be held before the Board of County Commissioners on October 24, 2017. P322 • Emergency County Attorney's Matters - B.C.C. 10.3.17 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Kate Pingolt Cotner, Assistant County Attorney DATE: October 2, 2017 SUBJECT: Foreign Trade Zone EMERGENCY ADDITION October 3, 2017 County Attorney Matters Item 13.B. Background: On August 15, 2017, the Indian River County Board of County Commissioners ("Board") approved a pre -session legislative list of priorities and concerns which included the expansion of Foreign Trade Zone 136 located in Brevard County. Indian River County, however, could also benefit from the expansion of Foreign Trade Zone 218 located in Fort Pierce. Recommendation: The County Attorney's Office recommends that the Board amend the approved 2018 pre -session legislative list of priorities and concerns to state: "Indian River County supports the expansion of either Foreign Trade Zone 218 located in St. Lucie County or Foreign Trade Zone 136 located in Brevard County to include Indian River County." Attachment: Amended Foreign Trade Zone excerpt from the 2018 State Legislative Pre -session Program. 4. Foreign Trade Zone Background: For a number of years Indian River County has been interested in being included in a foreign trade zone. The benefits include (a) a reduction of duties 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 enter the U.S. Market, (d) an elimination of duties on waste, scrap and rejected or de- fective parts, and (e) a possible reduction in merchandise processing fees (U.S. Customs Processing fees). Position: Indian River County BCC SUPPORTS the expansion of either Foreign Trade Zone 218 located in St. Lucie County or Foreign Trade Zone 136 located in Brevard County to include Indian River County. 7 l October 3, 2017 ITEM 14.B.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 20, 2017 SUBJECT: Request Board Discussion on the Issue of Unmaintained County Roads FROM: Peter O'Bryan Commissioner, District 4 Over the past several years the county has been dealing more and more with the issue of road maintenance on roadways mainly used as access for water control districts. Over the years lots have been developed as residences and those residents are now faced with unmaintained, and sometimes impassable, roads. The majority of these issues are in the Fellsmere area and the south and southwest portion of the county. I am asking the Board for some discussion on this issue and looking at options to address it. Some initial thoughts for discussion would include: 1) Status quo — take no responsibility for the maintenance of the roads. 2) Place a moratorium on any new building permits where the access is a road that is not maintained by the county. This would prevent new problems but does not address current residents. 3) Ask the Legislature to disband the water control districts and bring canals/drainage under county control. Possibly create a county wide "Drainage District" which would allow the county to collect non -ad valorem assessments for a) drainage and b) road maintenance. 4) Go ahead and start maintaining the roads. Purchase graders and hire additional crews and adjust tax rate as necessary 5) Other ideas? P323 ('-I , 13, 2 October 3, 2017 ITEM 14.B.1., INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 21, 2017 SUBJECT: Request Board to approve resolution supporting the $14.8 million capital outlay request of Indian River State College for the Treasure Coast Advanced Manufacturing Center FROM: Peter O'Bryan Commissioner, District 4 ---?c_ii2s Request Board approval of the attached resolution. P324 RESOLUTION NO. 2017- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, SUPPORTING THE $14.8 MILLION CAPITAL OUTLAY REQUEST OF INDIAN RIVER STATE COLLEGE FOR THE TREASURE COAST ADVANCED MANUFACTURING CENTER. WHEREAS, serving as the primary workforce training and technical service provider for Indian River County, Indian River State College is ideally positioned to grow manufacturing and trade industries on the Treasure Coast; and WHEREAS, over the past two years, Indian River State College has committed $2 million in private funding and received $6.5 million in legislative appropriations from the State of Florida toward a $23.3 million state-of-the-art Treasure Coast Advanced Manufacturing Center; and WHEREAS, while the region is most appreciative of this public support, this critically important facility is $14.8 million short of breaking ground; and WHEREAS, a 2017 Treasure Coast Skills Gap Study completed by the EDC of St. Lucie County, Gehant & Associates, and in collaboration with business and educational leaders across Okeechobee & the Treasure Coast, identifies the planned Indian River State College Treasure Coast Advanced Manufacturing Center as a vital resource for filling many of the high demand jobs in trades and manufacturing; and WHEREAS, our community is well aware of EMSI and Department of Economic Opportunity (DEO) employment projections substantiating the growing, high -wage employment opportunities in sustainable building construction, smart manufacturing, automotive technology, HVAC, metal fabrication and specialized trades; and WHEREAS, a modernized industrial skills facility is the most promising means to address these present and future needs; and WHEREAS, supporting the request of Indian River State College will result in a strong return on investment of public funds, offering new opportunities for citizens to gain quick, affordable training in fields with extensive openings; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The Board of County Commissioners of Indian River County fully supports the $14.8 million capital outlay request of Indian River State College for the Treasure Coast Advanced Manufacturing Center and its far-reaching implications for economic and workforce development P325 RESOLUTION NO. 2017 - The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Peter D. O'Bryan Commissioner Susan Adams Commissioner Bob Solari Commissioner Tim Zorc The Chairman thereupon declared the Resolution duly passed and adopted this _day of October, 2017. Attest: Jeffrey R. Smith, Clerk of INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS By By Deputy Clerk Joseph E. Flescher, Chairman Approved as to form and legal sufficiency: Dylan Reingold County Attorney 2 P326 14 0. October 3, 2017 ITEM 14.B.3 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 26, 2017 SUBJECT: Attendance at October 10th Board of County Commissioners meeting FROM: Peter O'Bryan Commissioner, District 4 .? On Tuesday October 10th 1 will be in Tallahassee testifying before a Senate Committee on Short Term Vacation Rentals and therefore will not be at the Board of County Commissioners meeting. I appreciate the Board's understanding of my absence. P327 Date: To: INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM September 15, 2017 Jason E. Brown, County Administrator 15.t3.2. From: Vincent Burke, P.E., Director of Utility Services Prepared By: Himanshu H. Mehta, P.E., Managing Director, Solid Waste Disposal District Subject: Final Pay for CDM Smith CCNA 2014 Work Order No. 10 — C & D Debris Landfill Permit Renewal DESCRIPTIONS AND CONDITIONS: On March 21, 2017, the Solid Waste Disposal District (SWDD) Board approved CCNA 2014 Work Order No. 10 to CDM Smith to provide for Engineering Services with the Indian River County Construction & Demolition Debris Landfill Permit Renewal. The authorization was executed with a not -to -exceed budget of $30,420.00. ANALYSIS: CDM Smith has satisfactorily completed all the assignments described in the scope of work for a total invoiced amount, including the final invoice of $1,521. After final payment, the total amount paid to CDM Smith will be at the cost of $30,420. Attached is CDM Smith's letter report describing in more details the services provided under each task. FUNDING: Funding for this work is budgeted and available in the Engineering Services account number, which is funded from SWDD assessments and user fees. Description Account Number Amount Engineering Services 41121734-033130 $1,521.00 RECOMMENDATION: SWDD staff recommends that its Board approve CDM Smith's final invoice amount of $1,521.00. ATTACHMENT(s): 1. CDM Smith Project Completion Report & Final Invoice @BCL@9COD6B4B.doc Page 1 of 1 P328 1701 Highway A -1-A, Suite 301 Vero Beach, Florida 32963 tel: 772-231-4301 fax: 772-231-4332 August 14, 2017 Mr. Himanshu H. Mehta, P.E. Managing Director Indian River County Solid Waste Disposal District 1325 74th Avenue SW Vero Beach, Florida 32968 Subject: Indian River County Solid Waste Disposal District Construction and Demolition (C&D) Debris Landfill Permit Renewal Final Invoice Dear Mr. Mehta: Transmitted herewith is a project completion report for the above reference project. This work was completed in accordance with the Continuing Contract Agreement for Professional Services between Indian River County (IRC) Solid Waste Disposal District (SWDD) and CDM Smith Inc. (CDM Smith), dated December 6, 2011 and extended on November 4, 2014, under Work Authorization No. 10 dated March, 21, 2017. The final invoice (Invoice No. 90022925) was submitted to IRC SWDD on July 25, 2017. This project completion report is to serve as additional information to the final invoice. This project provided professional engineering services related to preparing and submitting an application to renew the operations permit for the construction and demolition debris landfill. TASK 1.0 — C&D DEBRIS LANDFILL OPERATIONS PERMIT RENEWAL The operations permit (Permit Number 5031-0128769-021) for the C&D debris landfill was issued by the Florida Department of Environmental Protection (FDEP) on September 11, 2012 (revised September 17, 2012) and expired on July 18, 2017. IRC SWDD was required to renew this permit in order to keep the C&D debris landfill operational. Under this task, CDM Smith prepared the permit renewal application (FDEP Form # 62-701.900(6)) and supporting information, in accordance with Chapter 62-701.730(2), paragraphs (b) through (f) of the Florida Administrative Code (F.A.C.). CDM Smith participated in a teleconference pre -application meeting with IRC SWDD and FDEP on March 30, 2017. As part of the renewal of the C&D debris landfill operations permit, CDM Smith contract with Ideal Tech Services Inc. (ITS) to perform field testing, sample collection, and water -level measurements from the 10 C&D debris landfill groundwater monitor wells and background well MW -15, which was performed on April 7, 2017. The samples were analyzed by ENCO Laboratories for the Permit Renewal Ground Water Monitoring Parameters in accordance with Paragraph 10 of the Monitoring Plan Implementation Schedule (dated March 7, 2011). WATER + ENVIRONMENT + TRANSPORTATION + ENERGY + FACILITIES P329 CDR,'Smith Mr. Himanshu H. Mehta, P.E. August 14, 2017 Page 2 The results of the laboratory analysis was submitted as an appendix to the C&D Debris Landfill Operations Permit Renewal Application. CDM Smith provided a draft of the permit renewal application for IRC SWDD's review on May 16, 2017 and received comments from IRC SWDD on the same day. The application was finalized and transmitted to FDEP on May 17, 2017 and FDEP acknowledged receipt on May 18, 2017. A request for additional information (RAI) from FDEP was received by IRC SWDD/CDM Smith on June 7, 2017. CDM Smith prepared a response to the RAI and submitted it to FDEP on June 23, 2017. On June 30, 2017, IRC SWDD/CDM Smith received a notification from FDEP of their intent to issue the permit and a copy of the draft permit. CDM Smith reviewed the draft permit and provided comments to IRC SWDD on July 6, 2017 for submittal to FDEP. The final permit was issued by FDEP on July 13, 2017. This project is now complete. CDM Smith appreciates the opportunity to provide these services to IRC. If you have any questions or require additional information on the above project, please contact me. Sincerely, — Kevin N. Vann, P.E., BCEE Principal Environmental Engineer CDM Smith Inc. KNV/jj File: PW PL1-6706-218279.02.01 jj2067.do , 0 P330 Smith 621 N.W. 53rd Street, Suite 265 Roca Raton, Florida 33487 Tcl: 561 571-3800 Fax: 561 241-7084 INDIAN RIVER COUNTY FLORIDA HIMANSHU H. MEHTA 1325 74th AVENUE S.W. VERO BEACH FL 32968 Please Remil 1b. COM Small Inc. PO Box 100902 Atlanta 3A 30384-0902 Account Number: 000200418081 Wire Routing: 011000138 Invoice Number: 90022925 Invoice Date: 07/22/2017 Project Number: 218279 Amount Due: $1,521.00 PLEASE INCLUDE INVOICE NUMBER ON ALL CORRESPONCE Services from June 4, 2017 to July 7, 2017 In accordance with the Continuing Contract Agreement for Professional Services, dated December 6, 2011 and Extension and Amendment of Continuing Agreement for Professional Services, dated November 4, 2014 and CNNA-2014 Work Order No. 10, dated March 21, 2017, between Indian River County and CDM Smith Inc., we are rendering the following invoice for Professional Engineering Services as described below: C & D DEBRIS LANDFILL PERMIT RENEWAL 218279 -IRC C & D LF PERMIT RENEWAL Description Amount Contract Amount $30,420.00 Lumpsum Amount $30,420.00 Percent Complete 100.00% Billed ITD $30,420.00 Less Previously Billed $28,899.00 Total $1,521.00 Amount Due $1,521.00 P331 INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT BOARD MEMORANDUM 15 33. Date: September 22, 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: IRC Landfill Amendment No. 1 to Work Order No. 1 to CDM Smith, Inc. DESCRIPTIONS AND CONDITIONS: On July 18, 2017, the Solid Waste Disposal District (SWDD) Board approved the Indian River County (IRC) Landfill contract agreement with CDM Smith, Inc. (CDM Smith), in accordance with FS 287.055, Consultant's Competitive Negotiation Act per the Request for Qualification #2017048 for Engineering Consulting Services for Landfill Closure, Landfill Gas System Expansion, and Cell Construction. Staff requested a proposal from CDM Smith to provide professional engineering services for the proposed Class I Landfill, Segment 3, Cell 2 expansion; the partial closure of Segment 2; and expansion of the landfill gas collection system (Project). The proposed new cell is CeII 2 of Segment 3 (approximately 10.6 acres in size), which will be located immediately to the east of the existing Segment 3, CeII 1. The proposed partial closure of Segment 2 (approximately 25 acres in size) includes closure of the Segment 1, infill vertical expansion area and the final elevations of Segment 2. Expansion of the landfill gas system within Segment 2 is proposed to be constructed concurrently with the partial closure of Segment 2 so that the final components can be installed prior to the closure cap being constructed. Staff has also requested an evaluation of an alternative cover design as well as preliminary planning for a new lift station. This project will be completed in multiple phases. Phase I includes evaluation of available information and developing sufficient information to update/revise existing permit design drawings, and complete the final design and specifications that will be used for procurement. On July 18, 2017, the SWDD Board approved the IRC Landfill Work Order No. 1 to CDM Smith in the amount of $131,820 for this initial phase. Staff has received a proposal from CDM Smith for Phase II of the work, which includes preparation of the final design and bid package, permitting/regulatory agency support, opinion of probable construction cost, and bidding assistance. Per staffs request, CDM Smith has also included work related to the preliminary evaluation of a leachate pretreatment system and a fire suppression system for the landfill. The final phase will include engineering services during construction to be brought to the SWDD Board for approval at a future date. This agenda item requests authorization to CDM Smith to initiate Phase 2 of the Project under IRC Landfill Amendment No. 1 to Work Order No. 1. @BCL@580E68C5.doc Page 1 P332 ANALYSIS: CDM Smith has prepared IRC Landfill Amendment No. 1 to Work Order No. 1, 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 AMOUNT Phase 2 Task 1- Meetings, Data Collection, Survey, and Geotechnical Investigation • Subtask 1.7 — Preliminary Leachate Pre -Treatment Evaluation • Subtask 1.8 — Preliminary Fire Suppression System Evaluation $28,440 Task 2 — Project Quality Management $90,426 Task 3 — Final Design, Drawings, Specifications, and Opinion of Probable Construction Cost Estimate $342,581 Task 4 — Permitting Assistance $43,790 Task 5 — Bidding Assistance $28,292 Task 6 — Additional Engineering Services $25,150 $558,679 FUNDING: Funding for the Cell 2 work is partially budgeted in the amount of $260,000 for FY17-18. This funding is available in the Engineering Services account number (41121734-033130), which is funded from SWDD assessments and user fees. A portion of this work was budgeted in FY16-17 and a roll-over of funds will be enough to cover the total Phase II expenditures. A budget amendment will be needed to fund the future Phase III work. Funding for the Closure work is available in the landfill closure escrow account. DESCRIPTION ACCOUNT NO. AMOUNT Engineering Services — Cell 2 41121734-033130 $330,964 Engineering Services — Closure 411-239006 $227,715 RECOMMENDATION: SWDD staff recommends that its Board approve the following: a) Approve IRC Landfill Amendment No. 1 to Work Order No. 1 with CDM Smith Inc. in the amount of $558,679 to provide engineering services related to Phase 2 of the Class I Landfill Segment 3 Cell 2 expansion, partial closure of Segment 2, and expansion of the landfill gas collection system. b) Authorize the Chairman to execute the same, as presented. ATTACHMENT: 1) IRC Landfill Amendment No. 1 to Work Order No. 1 @BCL@580E68C5.doc Page 2 P333 AMENDMENT NUMBER 1 WORK ORDER NUMBER 1 Segment 3 Expansion, Segment 2 Partial Closure And Landfill Gas System Expansion Phase II - Design, Permitting, And Bidding Services This Amendment 1 to Indian River County (IRC) Landfill Work Order Number 1 is entered into as of this 3 day of October , 2017 in accordance with FS 287.055, Consultant's Competitive Negotiation Act per the Request for Qualification #2017048 for Engineering Consulting Services for Landfill Closure, Landfill Gas System Expansion, and Cell Construction, dated July 18, 2017 (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"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 1, Effective Date 7/18/2017. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment 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), and within the timeframe more particularly set forth in Exhibit A (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to Section 1 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: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BCC Approved Date: Joseph A. Flescher, Chairman Attest: Jeffrey R. Smith, Clerk of Court and Comptroller By: Approved: Approved as to form and legal sufficiency: Deputy Clerk Jason E. Brown, County Administrator Dylan T. Reingold, County Attorney P334 EXHIBIT A WORK ORDER NO. 1- AMENDMENT 1 INDIAN RIVER COUNTY LANDFILL SEGMENT 3 CELL 2 EXPANSION, SEGMENT 2 PARTIAL CLOSURE, AND LANDFILL GAS SYSTEM EXPANSION PHASE II - DESIGN, PERMITTING, AND BIDDING SERVICES This Amendment 1 to Work Order No. 1, when executed, shall be incorporated in and become part of the Agreement for Consulting Services between Indian River County Solid Waste Disposal District (SWDD) and CDM Smith Inc., (CONSULTANT), dated July 18, 2017 hereafter referred to as the AGREEMENT. BACKGROUND The SWDD, the owner and operator of the Indian River County Landfill, has requested that CONSULTANT prepare this Work Order to provide professional engineering services for the design, permitting, and bidding for the proposed Class I Landfill Segment 3 Cell 2 expansion, Segment 2 Partial Closure, and expansion of the landfill gas collection (LFG) system. The proposed new cell is Cell 2 of Segment 3 (approximately 10.6 acres in size), as shown on Drawing No. 5 of the 20 -Year Permit Drawings dated September 2015. Segment 3 Cell 2 will be located immediately to the east of the existing Segment 3 Cell 1. The proposed Segment 2 Partial Closure (approximately 25 acres in size) includes closure of the Segment 1/Infill vertical expansion area and the final elevations of Segment 2, which has historically been referred to as the Segment 2C area. Expansion of the LFG system within Segment 2 is proposed to be constructed concurrently with the Segment 2 Partial Closure so that the final components can be installed prior to the closure cap being constructed. Phase I of this project is currently under way and includes data collection, geotechnical services, and surveying services to be utilized in design and permitting phase. The Scope of Services for Phase II of this project is described below: SCOPE OF SERVICES CONSULTANT will undertake the design, permitting, and bidding of the Class I Landfill Segment 3 Cell 2 expansion, Segment 2 Partial Closure, and LFG system expansion located at the Indian River County Landfill. The design will include the Segment 3 Cell 2 bottom liner system, leachate collection and conveyance systems, and stormwater management facilities, Segment 2 Partial Closure cap liner system and stormwater management facilities, and the Segment 2 LFG system expansion. CONSULTANT will also include an access roadway, leachate pump station and force main design services as requested by SWDD to support future cell expansion. CONSULTANT will modify, update, and make additions to the existing permit drawings previously prepared in 2010 and updated in 2015 by Geosyntec to prepare final design drawings and specifications. The procedures of Rule 61G15-27.001, Florida Administrative Code (F.A.C.) will be followed for successor engineer requirements of the Florida Board of Professional Engineers. Based on recent discussions with SWDD staff and our familiarity with the landfill site and preliminary review of the existing permit drawings, the proposed Scope of Services includes the following tasks: A-1 jj2077_Exhibit A.docx P335 TASK 1.0 - MEETINGS, DATA COLLECTION, SURVEY, AND GEOTECHNICAL INVESTIGATION There are no changes to Subtasks 1.2 through 1.6 from the original work order. Subtask 1.7 Subtask 1.8 Deliverables: Preliminary Leachate Pre -Treatment Evaluation - CONSULTANT will assist the SWDD in evaluating the landfill leachate water quality data and identifying parameters that can potentially impact operations of the West Regional Wastewater Treatment Plant (WWTP) from the additional flow from the proposed Segment 3 Cells 1-4 lift station. This evaluation will also include a comparison of the landfill leachate water quality to Indian River County's pretreatment local limits to identify parameters that may not meet the pretreatment limits. This task includes preparing a Technical Memorandum that summarizes the methods that were used to evaluate the potential impact to the operations West Regional WWTP. The methods will be developed by CONSULTANT and provided to SWDD for review and approval prior to proceeding with the analysis. Upon SWDD's final approval of the mutually agreed upon methodology, CONSULTANT will perform the analysis. Listed below are some of the factors that are anticipated to be used to perform the analysis: • Landfill leachate water quality data. • Sanitary wastewater quality (from available published sources). • West Regional WWTP treatment processes. • West Regional WWTP influent and effluent water quality data. • Wastewater flows rates at the West Regional WWTP. • Landfill leachate flows from the IRC Landfill. • Sanitary wastewater flow rates from the Indian River County Landfill. • Pretreatment local limits. A draft Technical Memorandum will summarize the methods, results of the evaluation, and recommendations The Technical Memorandum will also include a summary of potential impact to the operations at the West Regional WWTP, water quality parameters of concern, identification of parameters that do not meet Indian River County's pretreatment local limits, and identification of potential pretreatment methods. CONSULTANT will provide a draft Technical Memorandum for the SWDD's review and comments. Upon receipt of all SWDD comments, CONSULTANT will incorporate the comments and prepare the final Technical Memorandum. Preliminary Fire Suppression System Investigation - SWDD has requested the CONSULTANT evaluate feasibility for installing a fire suppression system. CONSULTANT will evaluate potential water sources and potable water connection points. Potential fire suppression systems for the site will be evaluated based upon available water supply. CONSULTANT will provide a Technical Memorandum that summarizes the results and recommendations. • Preliminary Leachate Pre -Treatment Evaluation Technical Memorandum • Preliminary Fire Suppression System Investigation Technical Memorandum P336 TASK 2.0 - PROJECT QUALITY MANAGEMENT Activities performed under this task consist of those generally administrative functions required to maintain the project on schedule, within budget, and that the quality of the work products defined within this scope is consistent with CONSULTANT's standards. Task 2.0 is amended to include the specific activities identified below: Subtask 2.1 Subtask 2.2 Project Update Meetings - CONSULTANT's project manager will prepare for and attend a kickoff meeting and status meetings throughout the life of the project. It is estimated that meetings will be held on the average of once a month. Quality Technical Review - CONSULTANT maintains a quality management system (QMS) on all of its projects. A Project Quality Management Workshop will be held at initiation of the project. One formal quality technical review/technical specialist review meeting has been budgeted for and will be conducted at the 90 percent completion stage of the project. SWDD's representatives will be invited to attend and participate at the TRC meetings. Deliverables produced for the quality technical review/technical specialist review meeting will be as follows: Subtask 2.3 Deliverables: • 90 Percent - Complete set of Contract Documents (drawings and technical specifications) including two hard copies and an electronic PDF. In addition, technical specialist reviews will be performed on the technical memorandums included in this Work Order. Final Design Review - CONSULTANT will prepare and submit a complete set of Contract Documents (drawings and technical specifications) to SWDD for review at the 100 percent (final) completion stage. CONSULTANT will incorporate SWDD's written comments, prepare the final Contract Documents, and submit two hard copies and a PDF copy of the design drawings and technical specifications to the SWDD. The technical specifications will also be provided in Microsoft Word format for review. • Contract Documents (Issued for Bid) - two hard copies and an electronic PDF TASK 3.0 - FINAL DESIGN, DRAWINGS, SPECIFICATIONS, AND OPINION OF PROBABLE CONSTRUCTION COST PREPARATION This task consists of performing final design and developing Contract Documents (drawings and specifications) in accordance with the design requirements set forth in Chapter 62-701, F.A.C., to procure and construct the project. Subtask 3.1 Liner, Leachate Collection System, and Force Main Design - Segment 3 Cell is designed and permitted with a double -liner system consisting of a primary and secondary high-density polyethylene (HDPE) geomembrane. The design of the liner system is based on the results of foundation settlement and stability analysis and meets the requirements of Chapter 62-701.400, F.A.C. A geosynthetic clay liner P337 Subtask 3.2 Subtask 3.3 Subtask 3.4 (GCL) with a hydraulic conductivity of 10-7 cm/sec or less will be specified below the secondary geomembrane liner. Calculations will be performed to specify a geocomposite capable of handling the flow and load conditions. A primary leachate collection and removal system above the primary geomembrane is designed to limit the leachate head less than 12 -inches above the liner as required by Chapter 62-701, F.A.C. A leak detection system will be designed between the primary and secondary liners. The leachate collection system piping was previously sized and permitted. CONSULTANT will confirm these calculations. The leachate collection and conveyance systems will be designed to handle additional Loads due to increase in density of the waste (i.e. achieve the 0.3 percent minimum post- settlement slope requirement of Chapter 62-701.400, F.A.C.). The SWDD has requested that Cell 2 gravity drain to a manhole, which is a modification of the permitted sump pump design. In addition, SWDD has requested that a new lift station and force main be designed to handle the flows from existing Segment 3 Cell 1 and future Cells 2-4. CONSULTANT will recommend the location for the new lift station and perform the required calculations to confirm the size of the lift station and force main. In addition, CONSULTANT will design the electrical connections and control panels for the lift station. In addition, per SWDD's request to divert stormwater flow, CONSULTANT will design a headwall to be installed behind the existing Segment 1 & 2 lift station (located at NW corner of Segment 2). Details for the headwall will be included in the drawings in Subtask 2.8. Closure Subbase Grading - CONSULTANT will utilize the latest topographic survey information obtained in Phase I to prepare the grading plan. CONSULTANT will evaluate overfills and underfills using an AutoCAD Civil 3D model and prepare grade differentials comparing the topographic survey to the permitted final closure grades. The subbase grading will help determine the tie-in of the new partial closure grading to the existing closed grades. CONSULTANT will notify SWDD if any design considerations need to be made for the over/underfills. Stormwater Management System Design - CONSULTANT will review the permitted stormwater management system including overall swale sizing, letdown pipe locations and sizes, terrace swales, structures at terrace details, flashboard risers, and control structures and incorporate into the design drawings. Work includes verification of the design ICPR model to confirm parameters and results. Final Cover System Design - CONSULTANT will design the final cover system in accordance with 62-701.600, F.A.C. The available geomembrane materials and geocomposites will be evaluated to prepare the design of the final cover system. The design will include the required details for geomembrane boots for gas wells, cleanouts, sideslope risers, and other penetrating components, geomembrane edge markers, and tie-ins to the existing bottom liner system and existing cap liner system. The permit set details will be utilized and additional details will be added as necessary. P338 Subtask 3.5 Subtask 3.6 Subtask 3.7 Landfill Access Road - CONSULTANT will design an extension to the landfill access road on Segment 2. CONSULTANT will work with SWDD to determine the preferred access road route. Design will include review of stormwater collection and stability for the road. Design details will be developed and incorporated into the drawings. Landfill Gas System Expansion - Prior to commencing the design drawings, CONSULTANT will evaluate the existing LFG well pumping system and air system to determine its functionality and any required improvements. CONSULTANT will make a site visit and coordinate with the SWDD and their LFG system operator as needed for LFG system monitoring and operations data. CONSULTANT will incorporate the improvements into the LFG drawings. SWDD has requested that the CONSULTANT evaluate the need for flare upgrades/rehabilitation. CONSULTANT will make a site visit and review the flare as- builts and operations and maintenance manual to determine the required rehabilitation. Design Drawing Preparation - CONSULTANT will prepare detailed contract drawings for the construction of the proposed Segment 3 Cell 2 expansion, Segment 2 Partial Closure, and LFG system expansion. CONSULTANT will include incorporating the construction permit conditions into the drawings prior to award of contract. Below is a preliminary list of drawings required for the construction of this project: Sheet No. Title General Cover G-1 Index, Location Map, General Notes G-2 Symbols and Legend G-3 Abbreviations G-4 Site Aerial/Contractor Staging Area/Construction Trailer Area/Limits of Construction Civil C-1 Segment 3 Cell 2 Site Survey Information/Existing Conditions/Boring Locations/Horizontal Control Plan C-2 Segment 3 Cell 2 Demolition Plan C-3 Segment 3 Cell 2 Top of Processed Sand Grading Plan C-4 Segment 3 Cell 2 Leachate Piping System Plan C-5 Segment 3 Cell 2 Force Main Plan C-6 Segment 3 Cell 2 Cross Section and Profile C-7 Segment 3 Cell 2 LDS Sump Plan C-8 Segment 2 Site Survey Information/Existing Conditions/Boring Locations/ Horizontal Control Plan C-9 Segment 2 Cover Grading and Stormwater Control System Plan C-10 Segment 2 Gas System Plan C-11 Segment 2 Closure Sections 1-3 C-12 Segment 2 Closure Sections 4-6 C-13 Stormwater Pollution Prevention Plan P339 Subtask 3.8 Subtask 3.9 Sheet No. Title CD -1 Liner and Leachate Collection System Details CD -2 Leachate Collection/Leachate Detection Sump Details CD -3 Liner and Berm Details CD -4 Leachate Collection/Detection Details CD -5 Piping Details CD -6 General and Civil Details CD -7 Closure Civil Detail 1 CD -8 Closure Civil Detail 11 CD -9 Closure Civil Detail III CD -10 Paving, Grading, and Drainage Details CD -11 Landfill Access Road Details CD -12 Gas System Details 1 CD -13 Gas System Details II CD -14 Gas System Details 111 CD -15 Gas System Details IV Mechanical M-1 Segment 3 Cells 1-4 Leachate Pump Station Plan M-2 Segment 3 Cells 1-4 Leachate Pump Station Plan and Section M-3 Segment 3 Cell 2 Leachate Detection Pump Station Plan and Section MD -1 Pump Station Details and General Notes Electrical E-1 Electrical Symbols/Abbreviations/Notes E-2 Electrical Site Plan E-3 Electrical Plan and Details E-4 Leachate Pump Station Control Panel Details E-5 Leachate Detection Pump Station Control Panel Details E-6 Installation Details Specifications - CONSULTANT will prepare specifications, utilizing the EJCDC/CSI format (traditional 16 -Division), which will consist of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to this project. Specifications for construction will include the bottom liner system, cap liner system, granular fill materials, earthwork, piping, lift station, electrical, sod, LFG system components, and other applicable items. CONSULTANT will include incorporating the construction permit conditions into the specifications prior to award of contract. Front -End Documents - SWDD will supply the Front -End Documents and CONSULTANT will edit them to provide the project specific information needed to bid the project. CONSULTANT will work with SWDD to develop owner direct purchase language to be included in the front-end documents. P340 Subtask 3.10 Opinion of Probable Construction Cost (OPCC) - CONSULTANT will prepare OPCCs at the 90 and 100 percent completion stages, and submit the estimates to SWDD for review. The estimates will be based on generally accepted costs for this type of work. Deliverables: • 90 and 100 percent drawings (PDF and Auto CADD format, including associated X -refs) and specifications • Final Contract Documents Package in PDF format • Opinion of probable construction cost at 90 and 100 percent design TASK 4.0 - PERMITTING ASSISTANCE The Segment 3 Cell 2 expansion and Segment 2 Partial Closure were previously permitted under Construction/Operation Permit Nos: 0128769 -022 -SC and 0128769 -023 -SO. This permit requires notification to Florida Department of Environmental Protection (FDEP) prior to beginning construction of new cells and closure and a certification of construction completion prior to operation. As a result of modifications requested by SWDD, an intermediate modification to the construction permit (Permit No: 0128769 -022 -SC) is being required by FDEP. Environmental Resources Permit (ERP) No. 31-163429-010 was extended in 2015 and requires notification of FDEP prior to construction or closure activities. Activities performed under this task consist of those functions required to prepare the construction permit (Permit No: 0128769 -022 -SC) modification application and supporting documents for submittal to the FDEP, pre -application meeting with FDEP, and responding to up to two of FDEP's requests for additional information (RAI). Also included are preparation of the notifications required by the operations permit and ERP. More specifically, this task includes the following subtasks: Subtask 4.1 Pre -Application Meeting: CONSULTANT will attend one pre -application meeting with FDEP staff via a teleconference. The purpose of the meeting will be to communicate with FDEP regarding the proposed contents of the permit application submittal packages. Subtask 4.2 Permit Application: CONSULTANT will prepare and submit to FDEP the permit application documents required by Chapter 62-701.320, F.A.C. to modify the Operations and Construction Permit. In addition to the construction drawings and specifications prepared under Task 2.0 of this proposal, CONSULTANT will prepare the following permit documents: (a) General site information. (b) Any updates to the ground water monitoring plan required by Rule 62- 701.410(1) and 62-701.510, F.A.C., respectively. (c) The geotechnical investigation required by Rule 62-701.410(2), F.A.C. (d) A statement of how the applicant will demonstrate financial responsibility for the closing and long-term care of the landfill. P341 (e) Operational plans and drawings as required in Rules 62-701.500, F.A.C. (f) Construction quality assurance plan for installation and testing of soils and geosynthetics. Subtask 4.3 Environmental Resources Permit (ERP): CONSULTANT will prepare and submit to FDEP an ERP notification prior to the start of construction. This notification will include the updated final design drawings as a courtesy to FDEP. This task order does not include additional Environmental Resource Permitting, and if required, these activities will be included in a separate Task Order. Subtask 4.4 RAIs: CONSULTANT will respond to up to two RAIs from FDEP. Deliverables: • Segment 3 Cell 2 expansion permit modification application • ERP notification letter TASK 5.0 - BIDDING ASSISTANCE In this task, CONSULTANT will assist SWDD in obtaining bids for the construction of the project, assist SWDD in evaluating the bids and in assembling and awarding the contract, and will arrange and preside over a pre-bid conference. Subtask 5.1 CONSULTANT will provide a Contract Documents Package in PDF format suitable for distribution to bidders, coordinate the advertisement of the bid, respond to communications from Contractors, attend a pre-bid conference, and issue addenda, as necessary. SWDD will advertise for bids and distribute documents to the plan holders. Subtask 5.2 CONSULTANT will attend one bid opening, evaluate bids, and recommend a bidder for award of contract to SWDD. The bidding phase of the project terminates when an assumed Notice of Award is issued to a Contractor. TASK 6.0 - ADDITIONAL ENGINEERING SERVICES At the request of the SWDD, CONSULTANT will perform additional engineering services for work expressly excluded from this Work Order as noted in the Assumptions above, or requested by the SWDD during the project. Additional Engineering Service may include, but not be limited to, preparation of additional design modifications, assistance in preparing documents not expressly included in the above tasks, environmental assessments, additional permitting, or any other extended/additional engineering services. A not -to -exceed amount of $25,150 is established for services related to this task. ASSUMPTIONS • SWDD will be responsible for all permit application fees. • The Segment 3 Cell 2 expansion, Segment 2 Partial Closure, and LFG system expansion will be bid as a single Contract Documents bid package to be constructed by one Contractor. CONSULTANT reserves the right to request additional compensation, should P342 the SWDD request to bid the Segment 3 Cell 2 expansion and Segment 2 Partial Closure separately. • CONSULTANT has based this proposal upon utilization of previously permitted design documents. In the event that the CONSULTANT is unable to utilize these documents, CONSULTANT reserves the right to request additional compensation in order to obtain and or complete the required scope of services. • The stormwater collection system will not require a modification to the ERP. • Segment 2 Partial Closure will not require a solid waste permit modification. • AutoCAD Civil 3D grading surfaces are not available and will need to be redeveloped. • Unless otherwise stated in the tasks, all previously performed design calculations, analysis, drawings, and reports that were prepared by Geosyntec Consultants or their subconsultants as part of, and/or referenced in, the 20 -Year Renewal Permit Application and Drawings (dated September 2015), are complete, sufficient, accurate, and do not require any revisions/corrections. If CONSULTANT determines that the previously prepared design calculations, analysis, drawings, and reports are incomplete or require revisions/corrections, CONSULTANT reserves the right to seek additional compensation. • This Work Order does not include engineering services during construction. • CONSULTANT reserves the right to seek additional compensation for work performed, as agreed to by SWDD, beyond what is described in this Work Order. • This Work Order was formulated based upon the current FDEP permitted closure and expansion design. In the case that SWDD decides to utilize an alternate capping system, an amendment will be required to accommodate additional design and permitting services. • The Preliminary Leachate Pre -Treatment Evaluation will only include a desktop analysis utilizing existing information provided by COUNTY. No laboratory or treatability testing is provided in this Work Order. Design of a pre-treatment system, if required, will require additional compensation through an amendment or separate work order. • SWDD will provide leachate water quality data and have additional analysis performed, if required. • SWDD will provide influent and effluent water quality data from the West Reginal WWTP. • SWDD will provide wastewater flow rates at the West Regional WWTP. • SWDD will provide landfill leachate and sanitary wastewater flow rates from the Indian River County Landfill site. • Analysis will be performed using standard/general procedures, factors, rates, etc. either taken from reference sources or agreed upon assumptions. No detailed analysis to calculate precise values will be required/performed. PROJECT SCHEDULE The following project schedule has been developed based on authorization to provide design services being received on October 3, 2017. P343 Milestone Date Receive Authorization October 3, 2017 Begin Design October 3, 2017 90% Design Submittal to SWDD November 17, 2017 90% TRC Meeting December 4, 2017 Submit Permit Application December 8, 2017 Final Design Submittal to SWDD January 5, 2018 Receive Permits* February 6, 2018 Draft Subtask 1.7 Technical Memorandum December 3, 2017 Draft Subtask 1.8 Technical Memorandum December 3, 2017 Final Subtask 1.7 Technical Memorandum 2 weeks from receipt of SWDD comments Final Subtask 1.8 Technical Memorandum 2 weeks from receipt of SWDD comments Advertise for Bids January 7, 2018 Receive Bids February 6, 2018 Award Contract February 21, 2018 *Project schedule will be dependent on permitting and procurement activities. Schedule will be adjusted accordingly. PAYMENT AND COMPENSATION Compensation for this Amendment No. 1 to Work Order No. 1 described herein shall be made in accordance with the Contract between SWDD and CONSULTANT. The lump sum amount of this Amendment No. 1 for Tasks 1 thru 5 is $533,529; the not to exceed amount for Task 6 is $25,150; and the total not to exceed amount of Amendment No. 1 is $558,679. The new not to exceed Grand Total Amount of Work Order No. 1 is $690,499. CONSULTANT will submit monthly invoices for services rendered based on the percentage of work for each task completed for Tasks 1 thru 5. Task 6 will be invoiced based on a percentage of work complete as authorized by SWDD. For invoice purposes only, the value of each task in this Amendment No. 1 is as shown in the Table 1. Table 1 TASK VALUE FOR INVOICE PURPOSE — AMENDMENT NO. 1 TO WORK ORDER NO. 1 TASK DESCRIPTION VALUE 1 Meetings, Data Collection, Survey, and Geotechnical Investigation $28,440 2 Project Quality Management $90,426 3 Final Design, Drawings, Specifications, and Opinion of Probable Construction Cost Preparation $342,581 4 Permitting Assistance $43,790 5 Bidding Assistance $28,292 LUMP SUM SUBTOTAL AMOUNT = $533,529 6 Additional Engineering Services — Not to Exceed $25,150 TOTAL AMENDMENT NO. 1 TO WORK ORDER NO. 1 NOT TO EXCEED = $558,679 WORK BREAKDOWN FOR FUNDING PURPOSES Segment 3 Cell 2 Expansion = $330,964 Segment 2 Partial Closure and LFG System Expansion = $227,715 P344 EXHIBIT B-1 WORK ORDER NO. 1 — AMENDMENT 1 Z O Z tis x CW C H IA r h a H W U O • C Z VWf w G - - a O z ui m gni 0 z O J FZF V Q cc F Lu CC 2 7 cc d W Z N azz p W V' z i w W VI I Z W 0 Z X 0. X N V M H Z CW W VI Y C~ = T m Cr .-I to Cr toto N. N N. n to r1.. a Document Control Specialist CO N CO m N O M N Staff Support Services (Drafting) O O N CO M O O,._, 0 342 Senior Support Services O O 548 0 a N 0 VI N Sr. Technical Expert 18 m 78 p O o a .r 6 0 N ID m a N 03 M a o ` v N 4 a oo v m g n Z p V v N M ine Cr N 6 C 6 N N NN a Cr oO CO O rl d yIN S Q .. IA N N N N d O 0 N 0 0 a w M Y 1A E 0 INJ ../1lD O 00, Task 1.0 - Meetings, Data Collection, Survey, and Geotechnical Investigation Task 2.0 - Project Quality Management Task 3.0 - Final Design, Drawings, Specifications, And Opinion of Probable Construction Cost Preparation Task 4.0 - Permitting Assistance Task 5.0 - Bidding Assistance Task 6.0 - Additional Engineering Services Total d P345 PROJECT: EXHIBIT B-2 BUDGET INDIAN RIVER COUNTY LANDFILL SEGMENT 3 CELL 2 EXPANSION, SEGMENT 2 PARTIAL CLOSURE, AND LANDFILL GAS SYSTEM EXPANSION PHASE II — DESIGN, PERMITTING, AND BIDDING SERVICES DESCRIPTION: As Outlined in the Scope of Services, Exhibit A REFERENCE: Agreement between Indian River County Solid Waste Disposal District and CDM Smith Inc. Labor Category Hours Rate Labor Sr. Officer 18 $240 $4,320 Officer 38 $230 $8,740 Associate 242 $215 $52,030 Principal 142 $210 $29,820 Senior Professional 602 $175 $105,350 Professional II 704 $140 $98,560 Professional I 498 $120 $59,760 Senior Technical Expert 148 $235 $34,780 Senior Support Services 552 $130 $71,760 Staff Support Services (Drafting) 342 $95 $32,490 Document Control Specialist 150 $90 $13,500 TOTAL HOURS 3,436 TOTAL LABOR COST $511,110 OUTSIDE PROFESSIONAL SERVICES Beeson Consulting, Inc $23,000 OTHER DIRECT COSTS $24,569 (Hotels, field vehicle, field supplies, field safety equipment, etc.) TOTAL AMOUNT AMENDMENT NO. 1 (TASKS 1— 6) $558.679 ORIGINAL WORK ORDER NO. $131,820 NEW GRAND TOTAL AMOUNT FOR WORK ORDER NO. 1 $690,499 CDM Smith B-2 jj2077_Exhibits B.xlsx P346